PROOF

PARLIAMENT OF VICTORIA

LEGISLATIVE ASSEMBLY DAILY HANSARD

Wednesday, 23 November 2011

SUGGESTED CORRECTIONS FOR THE FINAL EDITION MUST BE NOTIFIED TO THE EDITOR (ASSEMBLY) BY 12 NOON — FRIDAY, 25 NOVEMBER 2011

Internet: www.parliament.vic.gov.au/downloadhansard

By authority of the Victorian Government Printer

The Governor The Honourable ALEX CHERNOV, AO, QC

The Lieutenant-Governor The Honourable Justice MARILYN WARREN, AC

The ministry

Premier and Minister for the Arts...... The Hon. E. N. Baillieu, MP

Deputy Premier, Minister for Police and Emergency Services, Minister for Bushfire Response, and Minister for Regional and Rural Development...... The Hon. P. J. Ryan, MP

Treasurer...... The Hon. K. A. Wells, MP

Minister for Innovation, Services and Small Business, and Minister for Tourism and Major Events...... The Hon. Louise Asher, MP

Attorney-General and Minister for Finance...... The Hon. R. W. Clark, MP

Minister for Employment and Industrial Relations, and Minister for Manufacturing, Exports and Trade ...... The Hon. R. A. G. Dalla-Riva, MLC

Minister for Health and Minister for Ageing...... The Hon. D. M. Davis, MLC

Minister for Sport and Recreation, and Minister for Veterans’ Affairs . . . . The Hon. H. F. Delahunty, MP

Minister for Education...... The Hon. M. F. Dixon, MP

Minister for Planning...... The Hon. M. J. Guy, MLC

Minister for Higher Education and Skills, and Minister responsible for the Teaching Profession...... The Hon. P. R. Hall, MLC

Minister for Multicultural Affairs and Citizenship...... The Hon. N. Kotsiras, MP

Minister for Housing, and Minister for Children and Early Childhood Development...... The Hon. W. A. Lovell, MLC

Minister for Corrections, Minister for Crime Prevention and Minister responsible for the establishment of an anti-corruption commission . . . The Hon. A. J. McIntosh, MP

Minister for Public Transport and Minister for Roads...... The Hon. T. W. Mulder, MP

Minister for Ports, Minister for Major Projects, Minister for Regional Cities and Minister for Racing...... The Hon. D. V. Napthine, MP

Minister for Gaming, Minister for Consumer Affairs, and Minister for Energy and Resources...... The Hon. M. A. O’Brien, MP

Minister for Local Government and Minister for Aboriginal Affairs...... The Hon. E. J. Powell, MP

Assistant Treasurer, Minister for Technology and Minister responsible for the Aviation Industry...... The Hon. G. K. Rich-Phillips, MLC

Minister for Environment and Climate Change, and Minister for Youth Affairs...... The Hon. R. Smith, MP

Minister for Agriculture and Food Security, and Minister for Water...... The Hon. P. L. Walsh, MP

Minister for Mental Health, Minister for Women’s Affairs and Minister for Community Services...... The Hon. M. L. N. Wooldridge, MP

Cabinet Secretary...... Mr D. J. Hodgett, MP Legislative Assembly committees

Privileges Committee — Ms Barker, Mr Clark, Ms Green, Mr McIntosh, Mr Morris, Dr Napthine, Mr Nardella, Mr Pandazopoulos and Mr Walsh.

Standing Orders Committee — The Speaker, Ms Allan, Ms Barker, Mr Brooks, Mrs Fyffe, Mr Hodgett, Mr McIntosh and Mrs Powell.

Joint committees

Dispute Resolution Committee — (Assembly): Ms Allan, Mr Clark, Ms Hennessy, Mr Holding, Mr McIntosh, Dr Napthine and Mr Walsh. (Council): Mr D. Davis, Mr Hall, Mr Lenders, Ms Lovell and Ms Pennicuik. Drugs and Crime Prevention Committee — (Assembly): Mr Battin and Mr McCurdy. (Council): Mr Leane, Mr Ramsay and Mr Scheffer. Economic Development and Infrastructure Committee — (Assembly): Mr Burgess, Mr Foley, Mr Noonan and Mr Shaw. (Council): Mrs Peulich. Education and Training Committee — (Assembly): Mr Crisp, Ms Miller and Mr Southwick. (Council): Mr Elasmar and Ms Tierney. Electoral Matters Committee — (Assembly): Ms Ryall and Mrs Victoria. (Council): Mr Finn, Mr Somyurek and Mr Tarlamis. Environment and Natural Resources Committee — (Assembly): Mr Bull, Ms Duncan, Mr Pandazopoulos and Ms Wreford. (Council): Mr Koch. Family and Community Development Committee — (Assembly): Mrs Bauer, Ms Halfpenny, Mr McGuire and Mr Wakeling. (Council): Mrs Coote and Ms Crozier. House Committee — (Assembly): The Speaker (ex officio), Ms Beattie, Ms Campbell, Mrs Fyffe, Ms Graley, Mr Wakeling and Mr Weller. (Council): The President (ex officio), Mr Drum, Mr Eideh, Mr Finn, Ms Hartland, and Mr P. Davis. Law Reform Committee — (Assembly): Mr Carbines, Ms Garrett, Mr Newton-Brown and Mr Northe. (Council): Mrs Petrovich. Outer Suburban/Interface Services and Development Committee — (Assembly): Ms Graley, Ms Hutchins and Ms McLeish. (Council): Mrs Kronberg and Mr Ondarchie. Public Accounts and Estimates Committee — (Assembly): Mr Angus, Ms Hennessey, Mr Morris and Mr Scott. (Council): Mr P. Davis, Mr O’Brien and Mr Pakula. Road Safety Committee — (Assembly): Mr Languiller, Mr Perera, Mr Tilley and Mr Thompson. (Council): Mr Elsbury. Rural and Regional Committee — (Assembly): Mr Howard, Mr Katos, Mr Trezise and Mr Weller. (Council): Mr Drum. Scrutiny of Acts and Regulations Committee — (Assembly): Ms Campbell, Mr Eren, Mr Gidley, Mr Nardella and Mr Watt. (Council): Mr O’Brien and Mr O’Donohue.

Heads of parliamentary departments

Assembly — Clerk of the Parliaments and Clerk of the Legislative Assembly: Mr R. W. Purdey Council — Clerk of the Legislative Council: Mr W. R. Tunnecliffe Parliamentary Services — Secretary: Mr P. Lochert MEMBERS OF THE LEGISLATIVE ASSEMBLY FIFTY-SEVENTH PARLIAMENT — FIRST SESSION Speaker: The Hon. K. M. SMITH Deputy Speaker: Mrs C. A. FYFFE Acting Speakers: Ms Beattie, Mr Blackwood, Mr Burgess, Ms Campbell, Mr Eren, Mr Languiller, Mr Morris, Mr Nardella, Mr Northe, Mr Pandazopoulos, Dr Sykes, Mr Thompson, Mr Tilley, Mrs Victoria and Mr Weller. Leader of the Parliamentary Liberal Party and Premier: The Hon. E. N. BAILLIEU Deputy Leader of the Parliamentary Liberal Party: The Hon. LOUISE ASHER Leader of The Nationals and Deputy Premier: The Hon. P. J. RYAN Deputy Leader of The Nationals: The Hon. P. L. WALSH Leader of the Parliamentary Labor Party and Leader of the Opposition: The Hon. D. M. ANDREWS Deputy Leader of the Parliamentary Labor Party and Deputy Leader of the Opposition: The Hon. R. J. HULLS

Member District Party Member District Party Allan, Ms Jacinta Marie Bendigo East ALP Lim, Mr Muy Hong Clayton ALP Andrews, Mr Daniel Michael Mulgrave ALP McCurdy, Mr Timothy Logan Murray Valley Nats Angus, Mr Neil Andrew Warwick Forest Hill LP McGuire, Mr Frank 2 Broadmeadows ALP Asher, Ms Louise Brighton LP McIntosh, Mr Andrew John Kew LP Baillieu, Mr Edward Norman Hawthorn LP McLeish, Ms Lucinda Gaye Seymour LP Barker, Ms Ann Patricia Oakleigh ALP Madden, Mr Justin Mark Essendon ALP Battin, Mr Bradley William Gembrook LP Merlino, Mr James Anthony Monbulk ALP Bauer, Mrs Donna Jane Carrum LP Miller, Ms Elizabeth Eileen Bentleigh LP Beattie, Ms Elizabeth Jean Yuroke ALP Morris, Mr David Charles Mornington LP Blackwood, Mr Gary John Narracan LP Mulder, Mr Terence Wynn Polwarth LP Brooks, Mr Colin William Bundoora ALP Napthine, Dr Denis Vincent South-West Coast LP Brumby, Mr John Mansfield 1 Broadmeadows ALP Nardella, Mr Donato Antonio Melton ALP Bull, Mr Timothy Owen Gippsland East Nats Neville, Ms Lisa Mary Bellarine ALP Burgess, Mr Neale Ronald Hastings LP Newton-Brown, Mr Clement Arundel Prahran LP Campbell, Ms Christine Mary Pascoe Vale ALP Noonan, Mr Wade Mathew Williamstown ALP Carbines, Mr Anthony Richard Ivanhoe ALP Northe, Mr Russell John Morwell Nats Clark, Mr Robert William Box Hill LP O’Brien, Mr Michael Anthony Malvern LP Crisp, Mr Peter Laurence Mildura Nats Pallas, Mr Timothy Hugh Tarneit ALP D’Ambrosio, Ms Liliana Mill Park ALP Pandazopoulos, Mr John Dandenong ALP Delahunty, Mr Hugh Francis Lowan Nats Perera, Mr Jude Cranbourne ALP Dixon, Mr Martin Francis Nepean LP Pike, Ms Bronwyn Jane Melbourne ALP Donnellan, Mr Luke Anthony Narre Warren North ALP Powell, Mrs Elizabeth Jeanette Shepparton Nats Duncan, Ms Joanne Therese Macedon ALP Richardson, Ms Fiona Catherine Alison Northcote ALP Edwards, Ms Janice Maree Bendigo West ALP Ryall, Ms Deanne Sharon Mitcham LP Eren, Mr John Hamdi Lara ALP Ryan, Mr Peter Julian Gippsland South Nats Foley, Mr Martin Peter Albert Park ALP Scott, Mr Robin David Preston ALP Fyffe, Mrs Christine Ann Evelyn LP Shaw, Mr Geoffrey Page Frankston LP Garrett, Ms Jane Furneaux Brunswick ALP Smith, Mr Kenneth Maurice Bass LP Gidley, Mr Michael Xavier Charles Mount Waverley LP Smith, Mr Ryan Warrandyte LP Graley, Ms Judith Ann Narre Warren South ALP Southwick, Mr David James Caulfield LP Green, Ms Danielle Louise Yan Yean ALP Sykes, Dr William Everett Benalla Nats Halfpenny, Ms Bronwyn Thomastown ALP Thompson, Mr Murray Hamilton Ross Sandringham LP Helper, Mr Jochen Ripon ALP Thomson, Ms Marsha Rose Footscray ALP Hennessy, Ms Jill Altona ALP Tilley, Mr William John Benambra LP Herbert, Mr Steven Ralph Eltham ALP Trezise, Mr Ian Douglas Geelong ALP Hodgett, Mr David John Kilsyth LP Victoria, Mrs Heidi Bayswater LP Holding, Mr Timothy James Lyndhurst ALP Wakeling, Mr Nicholas Ferntree Gully LP Howard, Mr Geoffrey Kemp Ballarat East ALP Walsh, Mr Peter Lindsay Swan Hill Nats Hulls, Mr Rob Justin Niddrie ALP Watt, Mr Graham Travis Burwood LP Hutchins, Ms Natalie Maree Sykes Keilor ALP Weller, Mr Paul Rodney Nats Kairouz, Ms Marlene Kororoit ALP Wells, Mr Kimberley Arthur Scoresby LP Katos, Mr Andrew South Barwon LP Wooldridge, Ms Mary Louise Newling Doncaster LP Knight, Ms Sharon Patricia Ballarat West ALP Wreford, Ms Lorraine Joan Mordialloc LP Kotsiras, Mr Nicholas Bulleen LP Wynne, Mr Richard William Richmond ALP Languiller, Mr Telmo Ramon Derrimut ALP

1 Resigned 21 December 2010 2 Elected 19 February 2011

CONTENTS

WEDNESDAY, 23 NOVEMBER 2011 Patterson Lakes Primary School: multimedia centre...... 9 CONDOLENCES Patterson River Secondary College: community Robert Max Gillett...... 1 service ...... 9 PETITIONS Lake Illawong Retirement Village...... 10 Lawn bowls: television coverage...... 1 Chelsea Red Cross: fundraising auction...... 10 Essendon Keilor College: upgrade...... 1 Northern Sewerage Project: Bell Street land...... 10 Puffing Billy: funding...... 1 MATTERS OF PUBLIC IMPORTANCE Doreen Secondary College: funding ...... 1 Government: performance...... 10 Greensborough College: funding ...... 2 STATEMENTS ON REPORTS DOCUMENTS ...... 2 Public Accounts and Estimates Committee: MEMBERS STATEMENTS budget estimates 2011–12 (part 1)...... 31, 36 Victorian certificate of applied learning: Public Accounts and Estimates Committee: funding...... 2 budget estimates 2011–12 (part 3)...... 32, 33, 35 Goulburn Ovens TAFE: Celebrating Indigenous Drugs and Crime Prevention Committee: people Art and Culture exhibition...... 2 trafficking for sex work...... 33 White Ribbon Day ...... 3, 5 Public Accounts and Estimates Committee: Relay for Life: Orbost ...... 3 budget estimates 2011–12 (part 2)...... 34 Country Fire Authority: Paynesville brigade...... 3 TRANSPORT LEGISLATION AMENDMENT Bairnsdale Secondary College: senior band...... 3 (MARINE SAFETY AND OTHER AMENDMENTS) BILL 2011 Waterwatch: volunteer awards...... 3 Second reading ...... 36, 47 Frankston North: men’s shed ...... 4 Country Fire Authority: Somerville brigade ...... 4 QUESTIONS WITHOUT NOTICE The Shed Skatepark: first birthday ...... 4 Minister for Environment and Climate Change: Clean Up Australia: Clean Up Dumping register of interests ...... 38, 40, 43, 44 program...... 4 Information and communications technology: Eltham electorate: infrastructure ...... 4 former government performance ...... 39, 45 Celebrating Seville Festival...... 5 Irrigation: on-farm infrastructure...... 42 Lilydale Show ...... 5 Justice: integrated courts management system...... 43 Country Fire Authority: Wandin brigade...... 5 Former deputy commissioner of police: meeting...... 45 Fr Bob Maguire...... 5 Police: information and communications Palesviaki Enosis...... 6 technology...... 46 Koorie Heritage Trust...... 6 CRIMINAL PROCEDURE AMENDMENT (DOUBLE Brunswick North West Primary School: JEOPARDY AND OTHER MATTERS) BILL 2011 principal ...... 6 Second reading ...... 55 Remembrance Day...... 6 CITY OF MELBOURNE AMENDMENT BILL 2011 Burwood East Primary School: 150th Second reading ...... 72, 96 anniversary...... 6 CITY OF GREATER GEELONG AMENDMENT Burke and Beyond: 20th anniversary ...... 6 BILL 2011 Greek Elderly Citizens Club of Nunawading ...... 7 Statement of compatibility ...... 90 Mining tax: impact ...... 7 Second reading ...... 90 Road Trauma Support Services: Time for LEO CUSSEN INSTITUTE (REGISTRATION AS A Remembering service...... 7 COMPANY) BILL 2011 Rail: Southland station...... 7, 9 Statement of compatibility ...... 92 Hepburn community wind farm: opening...... 7 Second reading ...... 92 Everett and Betty Hillier: 60th wedding BUSINESS NAMES (COMMONWEALTH POWERS) anniversary...... 8 BILL 2011 Mitcham Primary School: Victorian Premiers’ Statement of compatibility ...... 94 Reading Challenge...... 8 Second reading ...... 95 Magnus Anderson ...... 8 ADJOURNMENT Karlie Ryall ...... 8 Cemeteries: administration ...... 101 David Smith...... 8 Vocational education and training: national Old Orchard Primary School: fundraising ...... 8 regulator ...... 101 Stawell: shooting championships ...... 8 Gippsland: events funding...... 102 Clunes Show...... 8 Freedom of information: government Beaufort Show ...... 8 performance...... 103 Bentleigh Secondary College: 55th anniversary...... 9 Libraries: funding...... 103 Chile: civic forum...... 9 Ballarat East electorate: government commitments ...... 104 CONTENTS

Higher education: Wangaratta...... 104 Portarlington Primary School: redevelopment...... 105 Torquay and Jan Juc surf lifesaving clubs: ministerial visit...... 105 Port of Melbourne Corporation: privatisation...... 106 Responses ...... 106 CONDOLENCES

Wednesday, 23 November 2011 ASSEMBLY PROOF 1

09:30 Wednesday, 23 November 2011 3. the previous government pledged $10 million towards redevelopment of the Essendon Keilor College during the 2010 Victorian election campaign. The SPEAKER (Hon. Ken Smith) took the chair at 9.34 a.m. and read the prayer. The petitioners therefore request that the Legislative Assembly urges the Baillieu government to urgently fund the much needed 09:35 $10 million upgrade of Essendon Keilor College. CONDOLENCES By Mr HULLS (Niddrie) (28 signatures). Robert Max Gillett Puffing Billy: funding The SPEAKER — Order! I advise the house of the death of Robert Max Gillett, member of the Legislative To the Legislative Assembly of Victoria: Assembly for the electoral district of Geelong West This petition of certain citizens of the state of Victoria draws from 1958 to 1964. to the attention of the Legislative Assembly the need for an additional $15 million funding to support the Puffing Billy I ask members to rise in their places as a mark of historic rail line. respect to the memory of the deceased. In particular we note:

Honourable members stood in their places. 1. it is a popular and iconic tourist attraction, carrying more than 250 000 people each year; The SPEAKER — Order! I will convey a message of sympathy from the house to the relatives of the late 2. the rail line enjoys huge community support with hundreds of volunteers offering their time to support the Robert Max Gillett. rail line;

09:40 3. Puffing Billy supports hundreds of local jobs, many PETITIONS local businesses and delivers a regional economic benefit of $23 million per year. Following petitions presented to house: The petitioners therefore request that the Baillieu government immediately commit the $15 million needed to ensure the rail Lawn bowls: television coverage line’s survival.

To the Legislative Assembly of Victoria: By Mr MERLINO (Monbulk) (432 signatures). The petition of the residents of Victoria draws to the attention of the house the recent decision by the Australian Doreen Secondary College: funding Broadcasting Corporation to cancel its coverage of the sport of lawn bowls. To the Legislative Assembly of Victoria:

The petitioners therefore request that the Legislative This petition of certain citizens of the state of Victoria draws Assembly of Victoria urge the federal Minister for to the attention of the house the rapid increase in families Broadband, Communications and the Digital Economy to moving to Doreen and Mernda, suburbs of northern restore coverage of lawn bowls on ABC television. metropolitan Melbourne. By Mr DIXON (Nepean) (55 signatures). In particular we note: 1. there are now almost 1000 students enrolled at Essendon Keilor College: upgrade government primary schools in Mernda and Doreen, with that figure set to increase in the years to come; To the Legislative Assembly of Victoria:

This petition of certain citizens of the state of Victoria draws 2. there are no government secondary colleges in Mernda to the attention of the house the need for significant upgrades or Doreen; of facilities at Essendon Keilor College. 3. land has been purchased by the previous Labor In particular we note: government for a secondary college to be built in Cookes Road, Doreen. 1. the poor conditions of the current Essendon Keilor College facilities, and in particular the state of disrepair The petitioners therefore request that the Legislative Assembly of a number of buildings; urge the Baillieu government to urgently fund the building of a secondary college in Doreen. 2. that these poor conditions and insufficient facilities are adversely affecting the education and learning By Ms GREEN (Yan Yean) (7 signatures). experience of the students attending Essendon Keilor College; DOCUMENTS

2 ASSEMBLY PROOF Wednesday, 23 November 2011

Greensborough College: funding Glen Eira — C92

To the Legislative Assembly of Victoria: Mansfield — C22

This petition of certain citizens of the state of Victoria draws Monash — C90, C97 to the attention of the house the need for significant upgrades Victoria Planning Provisions — VC83, VC86. of facilities at Greensborough College.

In particular we note: 09:45 MEMBERS STATEMENTS 1. the poor conditions of the current Greensborough College facilities, and in particular the state of disrepair Victorian certificate of applied learning: of a number of buildings; funding 2. that these poor conditions and insufficient facilities are adversely affecting the education and learning Ms D’AMBROSIO (Mill Park) — I wish to advise experience of the students attending Greensborough the house of the utter dismay felt by my electorate at the College; Baillieu government’s cut to funding for the Victorian certificate of applied learning (VCAL). I have 3. the previous Labour Government pledged to rebuild Greensborough College during the 2010 election distributed a petition in my electorate and so far, in a campaign. very short period, more than 560 petitioners have signed up to request the Baillieu government to The petitioners therefore request that the Legislative Assembly immediately reverse its decision and restore funding to urges the Baillieu g to urgently fund the much needed upgrade of Greensborough College. this vital program. The Baillieu government has cut up to $125 000 in funding to each school where a VCAL By Ms GREEN (Yan Yean) (90 signatures). program exists, and around my electorate that is basically every single school. Tabled. I have met with local schools servicing students in my Ordered that petitions presented by honourable electorate, and each one of them has described the member for Yan Yean be considered next day on negative effects the funding cut will have on their motion of Ms GREEN. program. In particular schools are now scrambling to make cuts in other areas in an effort to keep the Ordered that petition presented by honourable program alive. Why are they doing this? Because, member for Niddrie be considered next day on frankly, the principals and teachers know firsthand the motion of Mr HULLS. fantastic opportunities that VCAL has given many students who would have otherwise fallen through the Ordered that petition presented by honourable gaps and left school early. member for Monbulk be considered next day on motion of Mr MERLINO. The program has changed the lives of hundreds of students in my electorate, giving them the skills and DOCUMENTS opportunities they would otherwise have gone without. It is a wonderful legacy of the previous government, Tabled by Clerk: which this government is now trashing for ideological reasons and because it fails to understand the benefits of Auditor-General: such a program to communities like mine. Local Government: Results of the 2010–11 Audits — Ordered to be printed Goulburn Ovens TAFE: Celebrating Indigenous Art and Culture exhibition Portfolio Departments and Associated Entities: Results of the 2010–11 Audits — Ordered to be printed Mrs POWELL (Minister for Local Government) — Ombudsman — Own motion investigation into ICT-enabled On 18 November I officially opened the Celebrating projects — Ordered to be printed Indigenous Art and Culture exhibition in Shepparton. Uncle Sandy Atkinson, a Bangerang elder, gave the Planning and Environment Act 1987 — Notices of approval welcome to country, and Eric Brown played the of amendments to the following Planning Schemes: didgeridoo. This year’s exhibition features the work of Bass Coast — C103 10 students who have been working towards their certificates in the Aboriginal and Torres Strait Islander East Gippsland — C96 cultural program. Sixty-four items were featured. They MEMBERS STATEMENTS

Wednesday, 23 November 2011 ASSEMBLY PROOF 3 included jewellery, sculpture, textiles, digital media and this case our South Asian communities. I commend this paintings. community for taking action on this issue and look forward to the development of specific strategies and Goulburn Ovens TAFE has a number of programs for support to tackle family violence in this and other indigenous students, and I congratulate CEO, Paul multicultural communities. Culpin, on his commitment to Aboriginal students. I also congratulate Mr Charles Atkinson, a teacher at Relay for Life: Orbost Goulburn Ovens TAFE Centre for Koorie Education, on being named the 2011 Wurreker Teacher of the Mr BULL (Gippsland East) — I wish to Year. Congratulations also to Eva Ponting, a graduate congratulate chief organiser Brendan Coulton and all of the Aboriginal and Torres Strait Islander cultural arts those involved in the Orbost Relay for Life on program, who has earnt a six-month indigenous visual 13 November. Many teams from across the region took arts residency at the Shepparton Arts Museum. part, and on the day over $51 000 was raised, with more to come. The Relay for Life continues to grow and has Congratulations also to another graduate, Trudy West, become a big event for the entire community of eastern on winning first prize at the Royal Melbourne Show for Victoria. one of her wonderful jewellery creations. Art project co-ordinator Robyn Thompson did a great job of Country Fire Authority: Paynesville brigade organising the exhibition, including putting on display the signature piece from last year’s exhibition — a Mr BULL — It was pleasing on Saturday to attend wonderful large coil mat called Generations. An the opening of extensions to the Paynesville fire brigade indigenous weaving group was established in the building and the unveiling of the club’s new honour Shepparton district to continue the historic art of board. The group of dedicated volunteers at Paynesville weaving and to promote weaving to generations to now have greatly improved facilities for the fire season come. This renewed interest in weaving has led to an ahead and are to be congratulated on their proactive indigenous weaving garden being included in the plans approach to having these improvements, which were for a community garden at the former Kialla landfill initially stimulated through a bequest, completed. site. Bairnsdale Secondary College: senior band 09:50 White Ribbon Day Mr BULL — On Saturday night I had the pleasure Mr BROOKS (Bundoora) — On Friday we mark of listening to world-class musician James Morrison White Ribbon Day, highlighting the tragic impact of perform in Bairnsdale on a night when funds were family violence on women and children, when we raised for the Bairnsdale Secondary College senior make an effort to raise awareness of the need for men to band’s upcoming tour of Queensland and New South take a stronger stand against any form of family Wales. The night also featured Emma Pask and Don violence. As individuals we need to do more, as a Burrows. The Bairnsdale Secondary College senior society we need to do more and as parliamentarians we band, under the direction of Gerry Ciavarella, has need to do more to reduce the incidence of family become well known in the local community, violence. It was heartening to hear the new Chief performing at many community events and gaining a Commissioner of Police nominating family violence as terrific reputation. a major priority. We should also consider how the traumatic and isolating effects of family violence can be Waterwatch: volunteer awards magnified and compounded in different parts of our Mr BULL — Last week I was pleased to present community, remembering that it is an issue that is not certificates to some of the long-serving Waterwatch bound by wealth, age, race or religion — it affects volunteers in East Gippsland. Waterwatch is a national everybody. community waterway monitoring program, and On this note I commend the Australia India Society of 20 individual community members in East Gippsland Victoria for the White Ribbon Day afternoon tea it held are involved. Among those to receive recognition were: on Sunday, 13 November. The event drew speakers Ron Mackenzie, l5 years; Barry Button, l5 years; from a range of backgrounds — police, a magistrate, Christine Pardew, l5 years; Joanna Simmonds, community leaders, businesspeople, media 10 years; and the Nicholson Angling Club, 10 years. representatives and health practitioners — who all Well done also to Kim Snyder for her coordination of contributed to a discussion on the impact of family the volunteers. violence in multicultural communities, particularly in MEMBERS STATEMENTS

4 ASSEMBLY PROOF Wednesday, 23 November 2011

Frankston North: men’s shed The Shed Skatepark: first birthday

Mr PERERA (Cranbourne) — It was with great Mr BURGESS — I would like to congratulate The pleasure that I was invited to the Pines Community Shed Skatepark on the celebration of its first birthday Men’s Shed last Thursday morning. There is a good last Friday, 11 November. The Shed is Australia’s story to tell with the ever-famous Pines Community largest indoor facility, featuring a skate park, a skate Men’s Shed. Approximately three years ago three local shop and a cafe. It caters for all levels of rider. I also Frankston North residents approached me with an idea congratulate the City of Casey on the support it has of building a men’s shed in Frankston North. provided for this excellent facility. Compared to the state as a whole Frankston North has Clean Up Australia: Clean Up Dumping more single-person households and more single-parent program families; is more disadvantaged by a range of measures, including unemployment, resident income and level of Mr BURGESS — I would like to congratulate education; has more homes that are being purchased or Clean Up Australia on its latest project, Clean Up rented from the government and fewer that are owned; Dumping. This program tackles the issue of illegal and has more indigenous but fewer dumping on the Mornington Peninsula. On Saturday, non-English-speaking residents, including people from 19 November, and Sunday, 20 November, Clean Up the Philippines and Germany. In terms of community Australia, supported by the Yulgilbar Foundation and in engagement, compared to Victoria as a whole partnership with the Mornington Peninsula Shire Frankston North has lower levels of participation in Council, brought the community together to clean up activities like organised groups and organised sport and dumping at 11 predefined dumping hotspots across the has a similar percentage of residents that feel it is an Mornington Peninsula. Devilbend was the clean-up site active community. Basically Frankston North was a in my electorate. The clean-up in this location was perfect place to build a men’s shed. extremely well run by site organiser Jarrod Filosa from the shire council, the Devilbend Landcare Group and We sat down with the local council and put together an the Hastings branch of the State Emergency Service. application for a $50 000 grant to the then Labor My community is very grateful to everyone involved government. The application was successful. Today we for the hard work that was put in to rid this wonderful enjoy the operations of a men’s shed that was put area of unsightly rubbish. Clean Up Australia chairman, together and driven in a grassroots manner. Ian Kiernan, AO, and the Yulgilbar Foundation Congratulations go to the convener and well-known chairman, Baillieu Myer, AC, are the leaders of the two local resident, John Holmes. organisations. Country Fire Authority: Somerville brigade Eltham electorate: infrastructure

Mr BURGESS (Hastings) — On Sunday, Mr HERBERT (Eltham) — The Baillieu 20 November, I attended the open day held by the government’s complete inaction during its first year in Country Fire Authority Somerville brigade. The day office has seen investment in local Eltham projects was organised by Captain Allan Monti and Shane grind to a standstill. Unfortunately for the electorate of McKay, the community events manager with the Eltham, the lack of planning, vision and action from the Somerville volunteer fire brigade, firstly to promote the Baillieu government has meant that even projects that local CFA and its firefighting equipment and secondly were fully funded — I say again, fully funded — by to raise money for the burns unit at the Royal Labor in government have been mothballed for Children’s Hospital in Melbourne. 12 months. These are projects like the $50 million Hurstbridge train line upgrade, which was started last It is impossible not to be filled with admiration for year under Labor. Where are the extra train stabling these incredible people. They have their own families facilities at Eltham station? Where is the new electronic and jobs and still volunteer to protect their signalling communication along the Eltham line? communities. They then spend what little down time Where are the two extra morning peak and two extra they have raising money for young burns victims. I evening peak train services? Where are the 2000 extra commend the Somerville fire brigade for both the work seats for peak-hour commuters? it does all year round in protecting the community and the additional fundraising it undertakes. There are projects like the Wattletree Road bridge over Diamond Creek, which is urgently needed to address a traffic safety hazard. It was funded by Labor and ready MEMBERS STATEMENTS

Wednesday, 23 November 2011 ASSEMBLY PROOF 5

to start late last year. With the beginning of the fire commitment, professionalism, bravery and tenacity of season upon us, where is the action on the new Country volunteers, and Wandin’s dedicated members have Fire Authority station for Eltham following Labor’s demonstrated this for the past 68 years. They certainly $9.6 million funding for the station last year? The list go above and beyond the call of duty in everything they continues. Where is the progress on redeveloping do, not just responding to emergency incidents but also Montmorency Secondary College, which was due to be providing broad support to the community. rebuilt under Labor? This is one of the region’s top three school projects, and so far it has come to Fr Bob Maguire nothing. The list goes on. Mr FOLEY (Albert Park) — South Melbourne’s 09:55 On all these much-needed projects not one brick or much-loved Fr Bob Maguire is a topic of hot debate. 1 metre of concrete has been laid by the Baillieu Why is it that the church would want to retire a fit government. It is a damning indictment of the lack of Fr Bob who continues to spread the gospel by living the vision for our local community. After one year, it is values set out in Matthew 25? I quote: time the Baillieu government ditched its training wheels I was hungry and you fed me, thirsty and you gave me a and got on with these vital projects in Eltham. drink; I was a stranger and you received me in your homes, naked Celebrating Seville Festival and you clothed me; I was sick and you took care of me, in prison and you visited Mrs FYFFE (Evelyn) — The Seville Primary me. School and in particular Sue McCurdie and Karen Lazare are to be congratulated on the success of the Does not the one, true, holy, Catholic and apostolic Celebrating Seville Festival, which was held on church have enough rooms in the Lord’s mansion to Sunday, 13 November. An enormous amount of work accommodate Fr Bob and his flock, which would by a dedicated committee ensured that community otherwise be lost to the church? Is there not enough to members, who turned out in the hundreds, enjoyed do in the service of the gospel for an active priest who what can only be described as a party atmosphere with is younger than the head of the organisation and who live music, displays, sports clinics and unlimited rides delivers ministry to so many who would otherwise not for the children. It was a truly community-spirited go near the church? event, and I was proud to be a participant. After being approached by Fr Bob’s supporters to Lilydale Show support a transition period that would allow for the continuation of the many good works of the Fr Bob Mrs FYFFE — The Lilydale Show was held over Maguire Foundation and the parish, I was happy to two days. The gates were opened for the 58th annual raise these questions, so my disappointment was great spring show on 19 and 20 November. Whilst we saw when the request to discuss the issue with the wet spring weather on Saturday, it did not deter the archbishop was declined. This grew to sadness when an crowd from partaking in the excitement of the carnival approach for a delegation of members of this and visiting the numerous pavilions displaying an array Parliament to meet with His Grace was denied and the of animals, craft, horticulture and agribusiness as well door slammed on attempts to work through the as a free community precinct where displays from local controversy. community groups were shown. The tireless efforts of the Lilydale Agricultural and Horticultural Society It is with a heavy heart that I call for a transition of the organisers have once again showcased the wonderful work of Fr Bob, which will maintain the values and Yarra Valley. achievements he has built up. I call on the archbishop to reconsider his position and to meet with those in the Country Fire Authority: Wandin brigade community who support Fr Bob and what he represents for the church. I call upon His Grace to engage with his Mrs FYFFE — On Sunday I had the pleasure of flock and their secular world representatives, not to presenting to the Wandin Country Fire Authority stand solely on the ancient pillars of the church’s (CFA) captain, Peter Polovinka, a new $500 000-plus authority. rescue appliance. Its custom-built body is fitted out with the latest rescue equipment to ensure the highest White Ribbon Day standard of emergency service. This new unit will be an invaluable resource to the Wandin CFA and the Yarra Mrs VICTORIA (Bayswater) — Last week I Valley region. The CFA gains its strength from the attended a multi-ethnic event to mark this year’s White Ribbon Day. Organised by the Australia India Society MEMBERS STATEMENTS

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of Victoria, this event provided an opportunity for The award recognises a range of Trevor’s people from all backgrounds to unite and show their achievements, including his role in rebuilding the collective determination to stamp out domestic confidence and pride of the school, the improvement in violence. Domestic violence continues to endanger the the academic performance of the student body and his lives of too many Victorians every day. In 2009–10, focus on strengthening community and encouraging nearly 41 000 incidents of family violence were sustainability. In typical Trevor fashion, upon receiving reported to police. It was encouraging to see so many the award he said that the award may have his name on people from a range of cultural backgrounds supporting it but it belongs to all the school staff who have worked this cause. Congratulations to Dr Manjula O’Connor for so hard to contribute to the school’s growth and all the work she puts into this critically important cause. achievements. Trevor was also presented with a basket of custom-made biscuits prepared by the school’s Palesviaki Enosis gorgeous on-site cafe. The biscuits, which are a variation on the Anzac recipe, are known affectionately Mrs VICTORIA — Congratulations to George as Trevors, which is almost as big a recognition by the Stavrinos on being returned as president of the school community as his excellence in teaching award. Palesviaki Enosis club. The Greek community club Well done to Trevor and all the team at Brunswick operates in the heart of my electorate of Bayswater and North West Primary School. provides a chance for members to enjoy each other’s company and very occasionally an ouzo. George has Remembrance Day been a long-serving member of Palesviaki Enosis and works tirelessly to provide a welcoming environment Mr ANGUS (Forest Hill) — I had the privilege on for members of the Greek community. On Sunday a big Friday, 11 November, of attending the Blackburn RSL crowd turned out for the celebration of the sub-branch Remembrance Day service, together with independence of the island of Lesvos. A wonderful day many RSL members, local school and preschool was had by all. children, and other members of the community. It was a fitting tribute to all the men and women who have Koorie Heritage Trust served in defence of our country, and it provided an opportunity for all those present to pause and reflect on Mrs VICTORIA — Tucked away in King Street is the great sacrifice made by allied defence personnel a real treasure that all Melburnians should be extremely over the years. proud of. The Koorie Heritage Trust is a not-for-profit Aboriginal community organisation whose members Burwood East Primary School: 150th protect, preserve and promote the living culture of the anniversary Aboriginal people of south-eastern Australia. They have an amazing archive, a retail store and a living Mr ANGUS — It was a pleasure to join with the treasure in Lenny — a walking encyclopaedia and a community of Burwood East Primary School on very proud man. I encourage all MPs to visit the trust 12 November to celebrate the 150th anniversary of the soon. school. It was great to see many current and former students and staff members as well as other community 10:00 Brunswick North West Primary School: members present to celebrate this outstanding principal milestone. I congratulate the principal, Jos Mills, together with the school council and the numerous Ms GARRETT (Brunswick) — I am delighted to members of the school and local community who acknowledge in this place the outstanding achievement worked very hard to make this great event possible. of the principal of Brunswick North West Primary School, Trevor Bowen, in winning a National Burke and Beyond: 20th anniversary Excellence in Teaching award. I was pleased to help present the award to Trevor last week at the school Mr ANGUS — I congratulate Burke and Beyond, a assembly in front of students, teachers and parents. This local Forest Hill organisation that provides services to is a very special award: over 1400 teaching over 65 adults with a disability, on celebrating 20 years professionals were nominated across Australia, with of service in the eastern region of Melbourne. Burke only 60 awards given nationally and only 10 in and Beyond provides great opportunities for individuals Victoria. Even more special was the fact that Trevor to be supported in their community with the view of was nominated by the parent group, which shows what maximising their independence and contribution to the high regard he is held in by the school community. community. MEMBERS STATEMENTS

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Greek Elderly Citizens Club of Nunawading I want to take this opportunity to thank everyone at Road Trauma Support Services involved in the Mr ANGUS — I recently had the pleasure of organisation of this event. More broadly, I congratulate joining the Greek Elderly Citizens Club of Nunawading and thank them for the vital work they do in providing at its monthly luncheon. It was a great opportunity to counselling, education and support services for our see firsthand some of the activities of the group and community. The work they do is absolutely essential, meet many of the members. The group is providing a particularly given the recent tragedies on our roads wonderful service to many of the Greek residents of the involving young people. electorate of Forest Hill, and I congratulate the committee and members on their ongoing contribution Rail: Southland station to the community. Ms WREFORD (Mordialloc) — ‘There will be no Mining tax: impact carbon tax under a government I lead’ — 11 words that make clear the distinction in honesty between Labor Mr ANGUS — Yesterday we saw another stark and everyone else. Then there are other statements like example of the antibusiness approach of the illegitimate ‘By 1990 no Australian child will be living in poverty’ Brown-Gillard federal government when it forced its or ‘These tax cuts are L-A-W law’. The list goes on. mining tax through federal Parliament. As with the Whilst not as widely telecast, Lee Tarlamis, a member carbon tax, the adverse impacts of this new tax will be for South Eastern Metropolitan Region in the other felt by many Victorian residents and businesses. State place, has followed Labor’s proud tradition of spin and Labor MPs are to be condemned for not standing up for misleading the public with a flyer using words like their constituents and Victorian businesses. ‘Southland train station may not be going ahead’.

Road Trauma Support Services: Time for Let me assure you, Speaker, that much to Labor’s 10:05 Remembering service disappointment, Southland railway station is going ahead. Labor is ashamed of its inaction on public Mr MERLINO (Monbulk) — I had the honour of transport in its 11 long, dark years in government. It attending the 11th annual Time for Remembering promised to deliver a Southland station back in 2002, service in Queen’s Hall on Sunday, 20 November. This yet it never happened. It put out a press release in multifaith service, organised by Road Trauma Support December 2004 about its feasibility study for the Services and led by the Reverend Andy Calder, was a station; once again, nothing happened. Its incompetence special opportunity for families and friends to even allowed punctuality on the Frankston line to slip remember loved ones lost and an opportunity to give to an appalling 65.5 per cent in June last year. Its thanks to the people at the front line of responding to incredible incompetence even meant that the website road trauma and striving to reduce the road toll, such as mentioned on Mr Tarlamis’s flyer just said ‘Invalid our emergency services and health-care professionals. website’. I understand Labor members are ashamed of 11 wasted years; however, misleading people about the It was a powerful and emotional service, and that was station is pitiful. Planning for the station is under way. I particularly so when we heard the personal perspectives look forward to its construction and opening. of Coral Robertson, who talked about losing her son Nathan, and Carmel O’Brien, who suffered permanent Hepburn community wind farm: opening injuries as a result of being a pedestrian victim of road trauma. Both spoke movingly and beautifully. Families Mr HOWARD (Ballarat East) — Along with placed photos of their loved ones at the front of the Labor’s shadow Minister for Planning, Brian Tee, a room, and at the end of the service members of the member for Eastern Metropolitan Region in the audience lit candles in remembrance. As the candles Council, I was pleased to attend the official opening of were being lit Jeanette Suhr read out the names of many the Hepburn community wind farm on 5 November, people who have died on our roads. She concluded with when in front of more than 760 people 10-year-old the name of her daughter, Tanya Suhr. Tanya was a Neve Bosher of St Augustine’s Primary School in friend and classmate of mine at Mount Lilydale Mercy Creswick cut a ribbon that was wrapped around one of College. She lost her life in December 1990, during the the wind towers. Neve had won a competition to name fun and optimistic days of summer following the the two wind turbines Gale and Gusto. completion of our year 12 when we all had the world at our feet. I fondly remembered Tanya during this Hepburn Wind has seen over 1900 people buying service. shares in Australia’s first community-owned wind farm, which is 10 kilometres south of Daylesford, a MEMBERS STATEMENTS

8 ASSEMBLY PROOF Wednesday, 23 November 2011 project which gained significant support from the Karlie Ryall former Labor government. The weather on the day was warm, with a healthy wind blowing that allowed the Ms RYALL — I would like to wish my daughter, turbines to pump out the clean energy capable of Karlie, a very happy 18th birthday today and to say: meeting the needs of the whole Daylesford-Hepburn thank you for being a wonderful blessing in my life and Springs community. The only dampening effect on the a beautiful young woman. I love you dearly. day was the advice provided by board chair Simon Holmes à Court that two other Victorian communities David Smith hoping to pursue this community wind farm model had Ms RYALL — Congratulations to David Smith, had their plans killed off in their tracks by the wind unit controller at Nunawading State Emergency farm policies of the Baillieu government, which has Service. David is one of 27 Victorian SES volunteers effectively put an end to the further growth in who were acknowledged for their selfless service to the employment and clean energy production which can be community at the 2011 SES national awards in provided by wind turbine projects. Melbourne on Sunday, 13 November. Mr Smith Per Bernard, founder of Hepburn Wind, observed that received a national medal that recognised his 15 years in his birthplace of Denmark most wind farms are of service. I thank David for his dedicated service in owned by communities, and he was proud that the assisting our local community and in his leadership role Hepburn community had come together to benefit from in the Nunawading SES team. renewable energy. It is clearly a great project. I am pleased to have been a supporter of it, as is Labor. What Old Orchard Primary School: fundraising a shame that the Baillieu government cannot follow. Ms RYALL — Well done to Liz Jackson and the Everett and Betty Hillier: 60th wedding mums at Old Orchard Primary School in Blackburn North who had a Spring Racing Carnival-themed lunch anniversary recently to raise money for motor neurone disease Ms RYALL (Mitcham) — My warmest research. Well done, ladies. congratulations to Everett and Betty Hillier of Stawell: shooting championships Blackburn on the celebration of their 60th wedding anniversary. Mr HELPER (Ripon) — It is certainly springtime, and the many communities that make up the wonderful Mitcham Primary School: Victorian Premiers’ electorate of Ripon are celebrating spring in their Reading Challenge various and marvellous ways. On Saturday, Ms RYALL — A round of applause for the students 12 November, the Sporting Shooters Association of at Mitcham Primary School who have yet again Australia held the sporting clays championship at the completed the 2011 Premiers’ reading challenge. The Stawell clay target shooting complex. Competition school has excelled itself with a 100 per cent continued on Sunday, 13 November, with the completion rate every year since the challenge began. commonwealth FITASC five stand championships. I This achievement is something that the school and was fortunate to have been asked by Phillip Scott to fire students should be very proud of, and it shows a a few shots at some clay targets and again display my fabulous commitment to the importance of reading. lack of shooting prowess. 10:10 Magnus Anderson Clunes Show

Ms RYALL — My congratulations go to Magnus Mr HELPER — On Saturday, 19 November, the Anderson of Laburnum Primary School on winning Clunes and District Agricultural Society celebrated its first place in the seven to eight-year-old age group in 151st Clunes Show. I congratulate the president, this year’s National Association of Testing Authorities Stephen Kinnersly, on a fantastic show. young scientists of the year award. His entry, ‘The Beaufort Show Great Science Experiment’, was commended by award judges for showing the relationships between cooking Mr HELPER — On the following day, Sunday, and chemistry. Well done, Magnus. 20 November, the Beaufort Agricultural Society held its show. I pay particular tribute to the announcer who repeatedly drew attention to the fact that the bucking MEMBERS STATEMENTS

Wednesday, 23 November 2011 ASSEMBLY PROOF 9 bull was performing near the woodchop, with perfect Chile: civic forum diction, as is appropriate for such family affairs. Mr LANGUILLER (Derrimut) — I wish to The SPEAKER — Order! The member’s time has commend the Chilean government for its initiative expired. known as ‘Participate Dialogue’, involving the Chilean community living in Victoria. I especially commend the Rail: Southland station work of the Chilean Vice-Minister for Foreign Affairs, Fernando Schmidt, Chilean Ambassador Pedro Pablo Ms MILLER (Bentleigh) — It was disappointing to Diaz, the Chilean Consul General in Victoria, Diego learn recently that a member for South Eastern Rojas Velozo, and also Monica Zalaquett, MP, who Metropolitan Region in the Council, Labor MP Lee met the Chilean community in Victoria between 14 and Tarlamis, was spreading misleading information in the 16 October at the Melbourne town hall. community about the Victorian coalition government’s commitment to build a railway station at Southland. I The community engaged with the Chilean authorities and other neighbouring MPs have campaigned to have on a range of topics, including social security, dual a railway station built at Southland, which reflects the citizenship, Spanish language and culture, and other community’s needs. It will ease traffic congestion, issues important to the community in this state. encourage public transport use and, most importantly, Chileans in Victoria were able to renew their passports, improve accessibility for many elderly people in the identification cards and other documents at the region as well as accommodating those who do not Melbourne town hall, courtesy of the Chilean have access to a car. Like so many other promises that government and assisted by Melbourne City Council. were broken by Labor, over the previous 11 years a This is another example of cooperation and partnership railway station at Southland was promised but never between Chile and Australia. The scientific, economic delivered — Labor’s 2002 key election commitment, and political relationships continue to grow within the which was given in a media release in December 2004. framework of the free trade agreement between these two countries, and this must be underpinned by It has taken the Baillieu government to listen to the cooperation on addressing issues that matter to the community, and now in our first year we have already grassroots Chilean community in Australia. I commend begun to deliver our commitment to deliver a railway the leadership of the Victorian Chilean community for station at Southland. The commitment is contained in its excellent cooperation and engagement in civic and the 2011–12 budget, which allocates $700 000 to democratic forums. planning for the new railway station at Southland. This commitment is part of a $403 million boost for public Patterson Lakes Primary School: multimedia transport in the coalition government’s first budget after centre 11 years of Labor’s neglect and mismanagement. Mrs BAUER (Carrum) — I was delighted to Labor is clearly up to its dirty tricks again, and it should officially open Patterson Lakes Primary School’s get its facts straight before misleading Victorians. Not multimedia centre and radio station last week, and I only is the website given on its flyer not working; its was proud to deliver a $50 000 grant to make the centre Victorian Labor team is not working either. After possible. I enjoyed being interviewed by the Patto 11 long, dark years under Labor, it was obvious to me Radio girls and seeing the cutting-edge technology. I and to the community that this initiative was necessary. commend Stan Szuty, principal; Monique Corcoran, It has taken the opposition an awfully long time to have curriculum and innovations coordinator; Helene an epiphany about this major project, but it is the vision Bearup, ICT coordinator; Craig Jenner; and the radio of the Baillieu coalition government that is going to station students for their professionalism, their make it happen. We will fix the problems, and we will dedication to technology and their efforts. build for the future. Patterson River Secondary College: community Bentleigh Secondary College: 55th anniversary service Ms MILLER — I congratulate Bentleigh Mrs BAUER — Patterson River Secondary College Secondary College on celebrating its 55th anniversary students went beyond the call of duty during a on the weekend. It was a wonderful event for past community service project to clean up their local teachers and students. environment. Under the guidance of environment and sustainability coordinator Nick Haines, students paddled Kananook Creek in kayaks to clear the local MATTERS OF PUBLIC IMPORTANCE

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waterway of rubbish. Often forced to jump into the will see is what you will get’, Victorians have seen no murky water to collect the trash, the students did a sign of the accountability and transparency promised but instead have seen hidden agendas, spin and secrecy; fantastic job of clearing a large part of the river and the riverbanks, even retrieving old bikes and a washing (3) calls on the Premier to explain to the people of Victoria machine. A great job by all! why he believes doing an ‘awful lot’ includes: Lake Illawong Retirement Village (a) doubling state debt with nothing to show for it; (b) cutting funding for crucial services such as Mrs BAUER — It was a pleasure to present a education and health; Victorian flag to the residents of the Lake Illawong Retirement Village in Patterson Lakes recently. We all (c) interfering in and undermining police command; enjoyed a morning of great conversation and a terrific (d) failing to deliver a jobs plan; morning tea. Residents spoke of their appreciation of the Baillieu government’s leadership and vision — a (e) neglecting regional and rural Victoria, including in stark contrast to the previous government’s the lead-up to the fire season; and incompetence, waste and mismanagement. (f) refusing to negotiate in good faith with Victoria’s Chelsea Red Cross: fundraising auction public sector unions. (4) condemns the Premier for failing to take any Mrs BAUER — Congratulations to the ladies and responsibility for the actions of his government. gents of the Chelsea Red Cross on the success of their ‘fun auction’, which raised over $1700 for worthy Mr ANDREWS (Leader of the Opposition) — This community charities. is a very important matter. It goes to the heart of this government’s and this Premier’s failure to deliver on, The SPEAKER — Order! The member’s time has reward and repay the trust that has been placed in them expired by the Victorian community.

Northern Sewerage Project: Bell Street land I have said over the last 12 months that we on this side of the house accept and respect the decision of the Ms CAMPBELL (Pascoe Vale) — I congratulate Victorian community last year. Victorians voted for a Australian Workers Union members and other workers change. They voted for a new government. They voted who have successfully completed the Northern for the very simple promises and claims made by the Sewerage Project. I also say: shame on Melbourne Premier and his team to fix the problems and build the Water, which is acting as a 21st century colonialist in future. What we have seen throughout the last the way it is selling its Bell Street land. It should be 12 months is a Premier who is paralysed by indecision, restored to its former glory and be sold in single a Premier who is unable to lead, a Premier who has housing blocks. shown Victorians a special brand of weakness and a special brand of indifference, a Premier who is neither The SPEAKER — Order! The time for members capable of leading nor willing to lead this state to meet statements has now concluded. the challenges of our future, much less to capitalise on

10:15 the opportunities that our great state has as we look to MATTERS OF PUBLIC IMPORTANCE the future. This Sunday marks one year since the change of Government: performance government — The SPEAKER — Order! I have accepted a Honourable members interjecting. statement from the member for Mulgrave proposing the following matter of public importance for discussion: Mr ANDREWS — and those opposite are suitably That this house: self-congratulatory about these things. The only people saying good things about this government are members (1) notes that Sunday, 27 November 2011 is the first of this government. The questions become: what is anniversary of the Baillieu-Ryan government; there to show for a majority in both houses; what is (2) notes that in the 365 days since the Premier promised there to show from a sound financial position that there would be ‘no hidden agenda, no spin, no bequeathed to this government; and what is there to secrecy … accountability and transparency will be the show for all the goodwill that falls to a new government principles that underpin our government … what you in its first 12 months? MATTERS OF PUBLIC IMPORTANCE

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It seems a logical thing to say, but I will point it out to Mr ANDREWS — The member for Bentleigh will the Premier that you only get the first year once. You have her opportunity in a moment, and we all wait with only get it once — and what is there to show for it? bated breath for another scintillating comment from up What is there for Victorian families at the end of this there in that corner. long first year of a Baillieu-Ryan government? No plan, no answers and, quite frankly, no idea. This is a The SPEAKER — Order! The Leader of the government that is all about deceit, all about indecision Opposition should ignore interjections. and all about surviving its time in office instead of leading this great state and making it fairer and Mr ANDREWS — I am only too happy to ignore stronger. We have seen a complete abrogation of what interjections. are the fundamental responsibilities of any state Ms Miller interjected. government in the last 12 months. We have seen a year of dithering instead of delivering and a year of deceit The SPEAKER — Order! The member for and double-dealing that, as I said a moment ago, Bentleigh! betrays instead of rewarding the trust that has been placed in this Premier and this government. That Mr ANDREWS — If you cared about education special brand of weakness I spoke about puts the and our kids’ future, why would you cut nearly prosperity of all Victorians and the future of our state at $50 million out of the Victorian certificate of applied risk. It risks all of our futures as residents of a state, as learning — — communities and as families. Ms Miller interjected. Let us go through a few of the failings of this government. It has absolutely no jobs plan. It has a The SPEAKER — Order! I am not going to warn well-crafted but, I would say, fatally flawed plan to the member for Bentleigh again. keep the jobs of its members but no jobs plan to grow Mr ANDREWS — It is a raving success. It is a this state, facilitate additional investment, grow and great program that works by giving kids a future and an secure jobs. There is no jobs plan whatsoever. opportunity to take their place in a productive Victoria. 10:20 We have heaps of promises about supporting basic Why would you take funding of nearly $50 million services but no proper investment to do just that. In fact away from those 20 000 students who each and every the situation is quite the opposite for a dithering year undertake the Victorian certificate of applied government, one paralysed by indecision and inaction. learning? What is more, having done that, the Its members have got up to a few things, including government pretends it is not a cut. Its members do not grossly inappropriate conduct — and I will come to that even have the courage of their convictions and will not in a moment — setting new low standards for integrity come into this chamber and explain why they made that in office. The only other thing they seem to have decision. The Minister for Education first said, ‘It is not achieved in the last 12 months is slapping $2.2 billion a cut’, and then said, ‘Yes, it is’. The Premier said it worth of savage cutbacks on the basic services that are was not a cut; he said it was ‘embedded’ funding. It is so important to families and communities right across embedded all right! This government has no credibility this state. I have spoken about the absence of a jobs when it comes to talking about education. If you cared plan, and I will come back to employment in a moment. about young people and their skills, training and productivity, as we hear the excuse for a Treasurer talk I invite members to consider schools. It is pretty clear about all the time, why would you get rid of the that nothing is more important than giving our kids the apprenticeship completion bonus? Why would you best start in life. If you are interested in education, you scrap that? If you cared about capital works and the would have to ask yourself why you would then rip fabric of our schools, why would you get rid of the $480 million out of the education budget? Yesterday Victorian schools plan? Why would you halve the the Minister for Multicultural Affairs and Citizenship capital works budget? These are important questions, talked about getting fair dinkum. If you are fair dinkum but there are no answers from this government when it about kids and schools and their future, why would you comes to education. take nearly $500 million out of our schools, all the while pretending that you care about public education. Turning to health, is there anything more important to What absolute nonsense! families than being able to get support in our health system when and where they need it? If this Ms Miller interjected. government cares about health and is going to ‘fix the problems in our health system’, the Premier has a few MATTERS OF PUBLIC IMPORTANCE

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questions to answer. Why is there not one extra doctor? fight on this. It is too important for patients in too many Why is there not one extra nurse? Why is there not one communities for these ratios to be undermined. extra hospital bed? Why is there no funding at all to deliver on the promise of the Monash Children’s Then we go to transport. I used to call the Minister for hospital in Melbourne’s south-eastern growth corridor? Public Transport the Barnaby Joyce of Victorian The quote from the government was, ‘We certainly politics — but, no, I was wrong. I am always prepared support that, and we will match Labor’s commitment’. to admit that I was wrong. Really, he is the George W. Words do not build children’s hospitals. The Premier Bush of Victorian politics, because a few sitting weeks was pleased to go along to open the Royal Children’s ago we heard him say, ‘Mission accomplished’. All we Hospital; he was only too pleased to be there for that. I needed was the banner! Apparently we are in a golden say to you, Speaker, and through you to the Premier, age of public transport. Apparently it is all fixed, and that words did not build the Royal Children’s Hospital. we can just move along. What a fantastic effort from Broken promises did not build the Royal Children’s such a fantastic minister over the last 11 months. Who Hospital. Money, effort, hard work and decency built knows what he will do in the remaining three years of the Royal Children’s Hospital — and that too that is this miserable government’s term in office? Maybe he what will build the Monash Children’s centre for will need to be reshuffled into something else. children and their families in the south-east. There is a litany of broken promises in transport. This Turning to nurses and their industrial action, and to the government has no plan and no vision, and it has made protracted dispute between the government and nurses barely any investment — unless of course you are at the moment, it is clear this is not a dispute about pay someone who uses the New Street level crossing down but a dispute about nurse-to-patient ratios. This there in bustling Brighton. It is all happening down government wants to undermine nurse-to-patient ratios there. What is it — no. 223 — — and make them staff-to-patient ratios, basically including untrained and unskilled nursing assistants, not Ms Miller interjected. to assist nurses but to replace nurses. Mr ANDREWS — The member for Bentleigh has a few level crossings in her electorate. If only she were 10:25 The nurse-to-patient ratio was introduced and supported by the previous government, and that is why there are the member for Brighton, she would be able to boast more than 11 000 extra nurses on the wards. about some investment in her electorate. Sadly, she is Nurse-to-patient ratios work. They are good for the not. Funding a level crossing that is no. 223 on the list nursing profession, but what is more, they are good for before all of those other projects that the experts say are patients. Why any government would want to more important must fill the Minister for Public undermine and destroy nurse-to-patient ratios is beyond Transport and the member for Brighton with pride. It me. What a sorry state of affairs we have come to — a must warm their hearts. What a fantastic decision for debate about whether we should get rid of something the people of Brighton! What a fantastic decision the that works, something that sees Victoria lead the nation government has made in abrogating its responsibilities and the world in relation to health services and to all Victorians. There are so many other examples I something that is without any doubt in the interests of could go through in relation to transport. patients today, tomorrow and right into the future. I have spoken about slashing the apprenticeship Labor does not just talk about supporting completion bonus, and we have heard a budget speech nurse-to-patient ratios; we supported them in from the Treasurer that did not even once mention the government, and we talked to the community last year words ‘jobs’ or ‘employment’. Jobs are leaving this about a plan not just to keep those ratios but to improve state at a very distressing rate and manufacturing is them by introducing them to areas like cancer care and under real pressure, and the best we get from this by better balancing workloads in stroke and government is a parroting of the phrase ‘We need to rehabilitation wards. It is not just words coming from improve productivity’. We have a Treasurer who could this side of the house on the issue of ratios; it is real not spell ‘productivity’, let alone deliver any. Talking action, real nurses, real care and a real determination to about issues ad nauseam is not a plan, it is not a stand shoulder to shoulder with nurses and their union solution, it is not securing jobs and it is not creating to defend nurse-to-patient ratios. That is my jobs. Wishful thinking is just that — no action, no plan commitment. I make it here today, and it comes on the and no jobs. No job has been secured by this back of a policy that I was proud to write and take to government in its 12 months in office. the Victorian community last year not just to defend ratios but to improve them. We will not give up the MATTERS OF PUBLIC IMPORTANCE

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Time is against me, and others will talk about The SPEAKER — Order! The member for community safety and some other important matters. I Footscray is out of her seat and out of order. want to finish by talking about integrity in office. Yesterday we asked some questions in this place of the Mr Merlino interjected. Minister responsible for the establishment of an anti-corruption commission. I am pleased that the The SPEAKER — Order! If the member for Deputy Premier, who is also the Minister for Police and Monbulk wants to be part of this debate, I suggest he be Emergency Services — Sergeant Schultz as we like to quiet. call him, because he knew nothing — is in the chamber. Mr RYAN (Minister for Police and Emergency Now we have the dynamic duo: we have Sergeant Services) — It is my great pleasure to join this debate. Schultz and we have the member for Kew, who we May I start by saying that only the Labor Party would might call Alan Bond because he does not remember. have the gall to bring this matter of public importance So we have ‘I don’t know’ and ‘I don’t remember’. (MPI) before this house on this day. There would be no-one else who would have the gall to bring this MPI 10:30 No matter — they are only the Minister for Police and Emergency Services and the Minister responsible for before this house on this day. This Labor Party, this the establishment of an anti-corruption commission former Labor government, this failed, miserable bunch respectively. They are just ordinary chaps; they do not who last year were voted out by the people of Victoria have any important role to play in respect of integrity in a swing which was greater than the loss suffered by and probity. ‘I do not know’ and ‘I do not remember’. the Kirner government — — That is integrity, isn’t it? What a great standard we are Mr Hulls interjected. setting there! The SPEAKER — Order! The member for What we all know is that a shameful, disgraceful and Niddrie! disgusting campaign was run from the office of the Deputy Premier to undermine the former Chief Mr RYAN — There was a greater swing against Commissioner of Police and his office. The best excuse previous Labor government members because we get for that potentially illegal and grossly everybody knows that you cannot believe them. Those inappropriate behaviour — misconduct of unknown opposite will say or do anything. We heard it all again proportions — in this Deputy Premier’s office for this morning. They will say it; they will do it. If they which there is no parallel in recent history is that we are think people will believe it — — all supposed to ‘move on’. Honourable members interjecting. To make it worse, as bad as the findings of the Crossing the Line report were and despite all the facts it The SPEAKER — Order! The Leader of the put forward, there are still many questions yet to be Opposition was heard in relative silence apart from the answered. I say to the dynamic duo — to Sergeant members of bay 13. We have the rest of the MCG here Schultz and Alan Bond — practice your answers, today trying to quieten down the Deputy Premier. I because there are a lot more questions to come. I have would ask members to show some respect and let us to say that if the member for Kew’s IBAC is half an hear what the Deputy Premier has to say. If not, I am IBAC, he might well finish up in front of it. To make going to have to take action I do not want to take. matters worse, there have been appalling standards on display and no apology made to Simon Overland. Mr RYAN — It was the Labor Party that bequeathed to us the desalination plant that is costing us This government and its Premier have betrayed the trust about $1.8 million every day. Every night when of Victorians. This government has precious little to Victorians close their eyes and go to sleep another show for a year in office and a majority in both houses. $1.8 million or thereabouts has been burnt, and that will All it has done is double debt, set new lows for a lack of be the case for the next 30-odd years. Then there is the integrity and break promise after promise after promise. myki disaster. What about the pipeline? Seven hundred Victorians deserve better; Victorians deserve more. and fifty million dollars worth of pipeline is lying idle Talking about fixing the problems is no replacement for up there because the bunch opposite betrayed country actually delivering decent government to this state. That Victorians. They promised they would never pipe water is what we all deserve and that is what this Premier from north of the Divide into the city. They wasted should start delivering. $750 million, and now the pipeline sits out there lying idle. On it goes. Even this very day we had tabled in the Honourable members interjecting. Parliament a report from the Victorian Ombudsman MATTERS OF PUBLIC IMPORTANCE

14 ASSEMBLY PROOF Wednesday, 23 November 2011 titled Own Motion Investigation into ICT-enabled I was there yesterday to welcome another squad that 10:37 Projects, about which others will speak, I have no graduated. It was a great day for policing, a great day doubt. I will just read from page 4. This report relates to for those individuals and a wonderful day to be there the Ombudsman’s investigation of the 10 ICT projects with the Chief Commissioner of Police, Ken Lay. that bunch over there oversaw over the years — — Another issue is the 940 protective services officers Mr Hulls interjected. (PSOs) we will recruit. People who travel on the transport system in Victoria, people who use the trains The SPEAKER — Order! The member for Niddrie in the metropolitan area and throughout the is on a warning. regions — —

Mr RYAN — Paragraph 13 of the executive Mr Merlino interjected. summary at page 4 states: The SPEAKER — Order! The member for Each of the 10 projects I examined failed to meet Monbulk is on a warning. expectations; most failed to meet delivery time frames; and all ran over budget. The original budgets for these projects totalled $1.3 billion. The latest estimated cost is Mr RYAN — They understand that it is important $2.74 billion — an additional $1.44 billion cost to to have an increased level of security at train stations, government. and we will have that as a result of the process we have set out. I am proud to say that yesterday the first squad How about that! How about that, I ask rhetorically. Yet of 21 PSOs was marched into the academy, and we will this mob comes in here to preach about economic recruit the rest over the course of the coming years. management. They were a disaster; they remain a This terrific and eclectic group, with an average age of disaster. This black abyss known as Her Majesty’s loyal 33 years, is being trained to fulfil this important task. opposition has absolutely lost the plot, and Victorians What have Labor members said and done? They have have been left to pay the price. We now have the Labor whinged, moaned, carped and done everything they Party taking the high moral ground. Don’t you love it possibly can to stop the whole thing from progressing. when members of the Labor Party take the high moral They have failed, failed, failed. They will continue to ground. They are the absolute epitome of hypocrisy. fail because they are simply not up to it. Here we have the Labor Party taking the high moral ground. We will be deploying more police through the efforts of police command. Command will be sending them to Let us have a look at a couple of the specifics in places like Frankston and all importantly to the relation to this. For a start let us look at what the electorate of Bendigo East. previous Labor government did to policing in Victoria. It left Victoria Police in a situation where on the day it Ms Allan interjected. was thrown out of office it was spending less per capita on Victoria Police than any other state in the Australian Mr RYAN — Yes, that is how many will be there. I nation — — am delighted to see the member reflect the fact that extra police will be going there. In places like Mildura, Mr Merlino interjected. the Latrobe Valley and right throughout the metropolitan area and the regions we will see more The SPEAKER — Order! The member for police looking after the security of Victorians. It is a Monbulk! great thing, and it will happen because the Labor Party Mr RYAN — We had the lowest front-line failed Victorians miserably in relation to the provision operational police numbers per capita of any state in the and support of police, but we will fix it. It is another of Australian nation. Those opposite do not even deny it; the areas we will fix. they accept it as being a fact. It was of course the first I turn to preparations in relation to the fire season. thing we set out to fix. We set out to fix it, and by hell Remember that the former government turned its back we are fixing it. We are going to recruit 1700 front-line on the people who were looking to have a buyback operational police, and we are well on the way to scheme initiated. We want to make sure that all achieving that. By 30 June next year we will have the 67 recommendations of the 2009 Victorian Bushfires first 850 of those police trained. We will create those Royal Commission are implemented, and that is spaces and we will backfill those spaces as the recruits happening. The former government turned its back on come out of the academy. the buyback scheme and flatly refused to introduce it. It ran out this proposition: 50 000 houses would have to MATTERS OF PUBLIC IMPORTANCE

Wednesday, 23 November 2011 ASSEMBLY PROOF 15 be bought at a cost of $20 billion. That is the are funding the needed regional training facility proposition the former government advanced. upgrades. We are doing all the work necessary to make sure that we have those resources in place. We have a We are implementing this recommendation and have fleet of 41 aircraft ready to look after the interests of $50 million on the table. We have said to the people Victorians in the event of fire. As the fire services who are affected, ‘You will receive an offer from us if commissioner, the chief officer of the CFA and the you are able to comply with the standards we have set chief officer of the Department of Sustainability and out for this program’, and I am pleased to tell the house Environment have all said, we have exactly what we that we have already had extensive discussions with need to accommodate the threat to Victoria over the many of the fire-affected communities. They welcome course of this season. this project and believe it is a great thing for many of them. Many of these people, who were deserted by the Let us move to issues around regional Victoria. There is former Labor government, will be able to sell their commentary regarding regional Victoria in this hollow property in a manner that will enable them to quit their MPI proposed by the Leader of the Opposition. In this land with dignity. It is a great initiative of this area an enormous amount of work has been undertaken government and another of the things we have done to by government. We have introduced and passed implement the recommendations of the commission. legislation for the $1 billion Regional Growth Fund. This is an enormous amount of money that our regions We are doing many other things to prepare for the are delighted to have dedicated to their future, and we season. We are investing $65.8 million this year to now have the policy position around it. It entails many build 60 new or upgraded Country Fire Authority important components, including half a billion dollars (CFA) stations, together with 101 new firefighting in our first term of government, to make sure that vehicles. This is happening in our first 12-odd months people in the regions are looked after in a manner that is and is something the former Labor government could appropriate to their needs. never have done. We have conducted two community fire drills. Importantly $100 million of the Regional Growth Fund is dedicated to the Energy for the Regions policy. This Ms Green interjected. will see natural gas extensions, which is an initiative the Labor Party vacated in the lead-up to the election. It The SPEAKER — Order! The member for Yan abandoned these communities and said it would not do Yean! it. The Local Government Infrastructure Program Mr RYAN — Last week I was at Lavers Hill, where means that local government areas across the regions it was a great success. The community come together will have an extra $100 million over the course of our on a plan they had devised around work that was done first term. There is $100 million for the Putting Locals by one of their leading senior constables, Laurie Allen, First program, which is a great initiative that allows who is a terrific guy. We were able to evacuate the local communities to bring forward the sorts of town in an organised manner and in a way that the local initiatives that are important to them, like the Mildura community identifies as being able to be done if fire riverfront project. There is $3 million towards the threatens. redevelopment of the Mildura airport and another $5 million towards the riverfront parklands program. Currently out in the community we have a green paper There are a variety of other programs throughout the called Towards a More Disaster Resilient and Safer length and breadth of regional Victoria. Victoria. We have introduced legislation to deal with proper command structures to accommodate the Importantly, in all of this is the $6 million for the inevitable threat of fire. We have allocated another Regional Community Leadership Program. How often $5 million over the next four years for our Fire Ready we hear it said and see the need for leadership in our Communities program. We have provided $15 million communities! We have allocated $6 million over four by way of an upgrade for Victoria’s emergency services years to this program, and it has been welcomed. There communications. We have boosted volunteer is $30 million for the Floods Community Recovery emergency services organisations with $11.6 million in Fund. The Regional Policy Advisory Committee has the current financial year alone to enable them to been established, and work has been done in the acquire the vital equipment they need; 109 grants have Latrobe Valley and the Central Goldfields shire. I know been made in relation to that program. We have the member for Ripon is pleased to see this happen. To increased the State Emergency Service budget to his credit he has been present at various initiatives we $38.8 million, which is an increase of 13 per cent. We have been involved in, particularly in Maryborough. There is $5 million for the Latrobe Valley Industry and MATTERS OF PUBLIC IMPORTANCE

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Employment Roadmap. We are doing this important Mr HOLDING (Lyndhurst) — There we have just work with the commonwealth government. I am had a sneak preview of the entertainment for next working with Simon Crean, the federal Minister for year’s AFL Grand Final — Meatloaf had better look Regional Australia, Regional Development and Local out. We have just seen the Deputy Premier of Victoria Government, and we are looking to get great outcomes imitating the Curious Case of Benjamin Button; he for the future of the Latrobe Valley. keeps getting smaller and smaller before our eyes. He came into government with so much potential, and Mr Carbines interjected. there he is now with a rating of 2 out of 10.

The SPEAKER — Order! The member for This matter of public importance today, Speaker, gives Ivanhoe! us an opportunity to reflect on 12 months of the most disinterested, disengaged, dithering, do-nothing Mr RYAN — Recently $1.5 million went to the government that Victorians have ever seen. The Latrobe Regional Airport. A variety of other initiatives coalition has been in government for 12 months, and relate to the Central Goldfields shire, including what does its economic record show? It has been in $2.5 million for the Go Goldfields project. There is government for 12 months, and where has it placed $160 million for the Country Roads and Bridges Victoria? Victoria had been the powerhouse for jobs Program and $5.2 million for the Marysville economic creation for the previous 10 years, the best state in development package. I have pages of these projects Australia on the basis of Labor’s financial management that reflect the enormous commitment the government and the state with the best books — AAA credit rated has made over its first 12 months to ensure that the by Standard and Poor’s and Moody’s. We were the needs of rural and regional communities are state with the best balance sheet. That was the financial accommodated. legacy those opposite inherited 12 months ago, and There is one critical element of jobs growth that I want what do they have to show for it 12 months later? Let to share with the house. In the labour force detailed us rate their economic performance. electronic delivery data in relation to jobs growth We saw the humiliating performance of the published in October 2011, there are some important Treasurer — the bubble boy missing-in-action; the figures in which I know all members of the house will bloke in the witness protection program — at the be interested. The figures show that in the last carbon tax press conference. We read the headlines 12 months 21 200 jobs were created in regional ‘State fudges carbon figures’ in the Age, ‘Baillieu Victoria. That compares to 14 400 jobs created in the stands by Treasurer and his modelling’ in the year ending October 2010 and an average of Australian Financial Review and ‘Wells fluffs quiz on 10 400 jobs over the three years from October 2007 to carbon tax’. He could not answer the most basic October 2010. There were 21 200 jobs created just last questions during a press conference that he had himself year. Those statistics are from the Australian Bureau of called. It was a humiliating performance. Statistics. He went off to tax summit in Canberra and delivered a 10:47 That is a magnificent achievement. I have in front of 45-second speech, another humiliating performance. He me a record of the many jobs that have been created in claimed he did not receive an agenda for it, when in fact different locations right throughout rural and regional he had been emailed an agenda to his own email Victoria as a direct result of the investments we have address. We saw the absurd proposition of this report made as a government over the course of the past entitled Victorian Economic and Financial Statement 12 months. The record speaks for itself. The reality is released by the Treasurer. What did the Age have to say that only the Labor Party would have the absolute gall on the following day? Under the headline ‘Treasury to propose this matter of public importance today. It is a must hang head to be linked to Baillieu booklet’ it said: pathetic, hopeless opposition. The people made their judgement in November last year, and very obviously, You have to wonder if Treasury isn’t ashamed to have its judging by recent published figures, the people agree name attached to this so-called Victorian Economic and that the right decision was made then. Financial Statement. If it isn’t, it certainly should be. According to the Premier Ted Baillieu, this document was written by Treasury. Yet it has little to do with economics and Honourable members interjecting. much to do with politics … The SPEAKER — Order! I am not going to stand It is the most embarrassing and inappropriate up and call the house to order again. The next member politicisation of the Victorian Treasury that we have who gets involved in interjections will be out of the chamber. MATTERS OF PUBLIC IMPORTANCE

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seen in living memory, and that is the legacy of the than making sure there are well-paid, highly skilled current Treasurer. jobs for families? Is there any greater responsibility for any government? Where has it been? As our That brings us to the Deputy Leader of the Liberal manufacturing faces huge challenges, where has this Party, the Rip Van Winkle of the Victorian Parliament. government been? We have a manufacturing minister We all remember her, hair dishevelled, drifting into the who is the do-nothing minister; he is Minister for chamber up to the Premier and what excuse did she Nothing. When they put him in place they forgot to use? She used the Ronald Reagan defence. ‘I am give him responsibility for the Victorian industry channelling Ronald Reagan’, she said. Was it not participation policy. How about it? We have a minister Ronald Reagan who said, ‘I’ve given up coffee at for manufacturing who is not even responsible for the lunchtime; I find it keeps me awake in the afternoon’? state’s key industry mechanism. The government Ronald Reagan, who said that in the event of a major changed the executive orders because it forgot to put national calamity he was to be immediately woken the orders in council in place correctly. even if he was in a cabinet meeting, is the example being channelled by the Deputy Leader of the Liberal We have a performance of manufacturing index that is Party. We have heard from the Deputy Premier, and we going to the dogs. What is the government doing about have heard from the environment minister. It just gets it? What is it doing to support our tourism industry in worse and worse and more and more humiliating as the face of a higher Australian dollar? What is it doing these ministers are put under pressure and found to support our education exports, one of the most wanting. successful things that has underpinned our state’s economic development in recent years? Where is its We have a Minister for Gaming whose key legislative jobs plan? Where is its infrastructure plan? Last week it achievement is introducing legislation to fine Victorians sent off to Infrastructure Australia — what was it? — a $12 000 if they have the temerity to insult him. pale imitation of the infrastructure program we put in Seriously Speaker, you get fined $400 for leaving your place, the Victorian transport plan. It is hopeless; it is kids in the car but $12 000 for attempting to insult the really just a funding application for $640 million to the Minister for Gaming. These government members were commonwealth government for more plans. That is all not up to the difficult task of governing; they were not that plan is. It claims to be fixing the problems, but the ready for government. To go back to the Deputy Leader only solution it has put forward is a light version of the of the Liberal Party, the word ‘lazy’ does not infrastructure plan that we had in place. It is humiliating adequately describe this person’s approach to her work. and embarrassing for all Victorians to be subjected to As one tourism industry figures said to me recently, this. ‘She is the laziest tourism minister since she was last tourism minister’. They cannot get her to stay at an Mr Andrews interjected. event after 9 o’clock at night because she wants to go home — and we now know why. This is a person who Mr HOLDING — As the Leader of the Opposition needs her sleep; there is no question about it. She would interjects, so proud was the government of its not work in an iron lung. infrastructure plan it was snuck out the day that President Obama was in the country — to make sure it These are the people who bagged us for making sure got the least coverage possible and passed without that this state invested to bring Tiger Woods here to notice. boost our tourism and major events industry, and having bagged us in opposition for this decision, where We direct Victorians to springstreet.com.au, where they were all the government members over the period of can find all the unanswered questions that those the Presidents Cup? You could not get the Deputy opposite, who promised to be open and accountable, Leader of the Liberal Party out of the government have refused to answer. There they can find all of the marquee with the jaws-of-life and a crowbar. They broken promises. Those opposite make so much of their were all there embracing an event that the Labor Party claim that they are committing to delivering all of their brought to Victoria. Having bagged the investment that promises, but there is in fact a litany of broken promises we made in golf to bring the best golfers in the world and unfunded and underfunded projects that they here to play, there they were, supping it up in the promised when in opposition but are now not government marquee to make sure they were connected delivering. Victorians can see it all at with the event strategy that Labor put in place. springstreet.com.au.

10:55 Where is the government’s jobs plan? Is there any When they voted in November last year Victorians greater responsibility for any government, anywhere, were promised a government that would be open and MATTERS OF PUBLIC IMPORTANCE

18 ASSEMBLY PROOF Wednesday, 23 November 2011 accountable. They were promised a government that Honourable members interjecting. would fix the problems. They are getting a government that is committed to spin and secrecy. They are getting Mr WELLS — And their families, I say to the a government that has no jobs plan, no infrastructure member for Lyndhurst. Yet the only financial and plan — a do-nothing government that seeks to have economic policy they have released is to do what? Give small-target strategies. Its ministerial standards are out everyone another public holiday. How will that fix the the window. We have See No Evil in the Minister for problems? I will demonstrate to the house that if that is Environment and Climate Change, Hear No Evil in the not the height of lazy opposition — — Minister for Police and Emergency Services, and Evil in the — — Honourable members interjecting.

The SPEAKER — Order! The member’s time has Mr WELLS — The opposition is lazy in that it has expired. come up with one economic and financial policy: to give everyone another public holiday in the run-up to Mr WELLS (Treasurer) — We now know why the the grand final. That is pathetic. How does that fix Labor Party is still in opposition, should be in productivity? Opposition members hate the word opposition and deserves to be in opposition, as ‘productivity’ because of their union mates. demonstrated by the pathetic performance of the member for Lyndhurst. Can you believe that through Honourable members interjecting. this pathetic matter of public importance opposition Mr WELLS — You absolutely hate the issue of members are going to lecture us on debt? When we productivity. Let me tell the house that in the last came to government in 1992 — — 10 years, on average, expenditure grew 8 per cent a Honourable members interjecting. year, and at the same time revenue grew only 7.3 per cent. They were spending more money than they were Mr WELLS — I will get to it. Just wait; I will get to receiving, making sure that they went further and it. further into debt. How irresponsible and pathetic! That is why they are out of government. Honourable members interjecting. Let me come back to productivity. In the five years The SPEAKER — Order! The member for leading up to the year 2000, productivity was growing Lyndhurst has had his time. He also now has a warning. at 2.8 per cent. When Labor was in government, productivity was 0.7 per cent and below the national Mr WELLS — Just wait. In 1992, when the average. What did Labor do about improving Kennett government took office, the debt was about productivity? Nothing. It could not do a thing because it $32 billion. That was paid down to about $3 billion. is beholden to its union mates. When we came to When the Labor government left office, it was back up government we not only had to deal with the issue of to $32 billion. Members of the opposition just cannot low productivity but sort out the mess of the major help themselves when it comes to debt. Let me projects over and over again. Can you believe the myki say — — situation? What was the former Minister for Finance doing when the myki problems were being rolled out? I Honourable members interjecting. will tell you what he was doing. He was throwing more Mr WELLS — I will get to the issue of debt, don’t and more money at the problem, but it never fixed the worry. In the lead-up to the election we said we would problem. fix the problems and build the future. That was our What about the issue of the regional rail? What a election commitment. I am a very proud member of the classic. The current opposition said, ‘We did the sums Baillieu government, and let me tell you this: Ted on the back of an envelope’. When the then minister for Baillieu will go down in history as one of the great finance and the Treasurer came up with the regional rail Premiers of this state. system, as the Secretary of the Department of Transport I have been wondering what the opposition has actually has admitted, it was done on the back of an envelope. been doing in the last 12 months? For the last What a ridiculous situation. Then we had the 12 months its members have wasted their opportunities, Melbourne Markets — jeez, the Melbourne Markets! and they are heading down the same grubby path — a How will that fix industry when it comes to the issue of dirt unit designed to try to ruin members of the Liberal fruit and vegetable markets? The previous government Party and their families. shut down the one in Footscray and moved it out to Epping, but there was no revenue flow. Not one MATTERS OF PUBLIC IMPORTANCE

Wednesday, 23 November 2011 ASSEMBLY PROOF 19

person — not one tenant, not one stakeholder — was in addition, for pensioners and young farmers. That is signed up. Who was responsible? Who was the minister important. We identified $2.2 billion of wasteful for finance in the previous government? Then we had mismanagement by the Labor government. We pushed the situations with HealthSMART, the LINK database for and achieved a review of the GST distribution. and the desalination plant. This man — — For how many years, year after year, did Labor Honourable members interjecting. members come in and whinge and whine about the GST but never achieve anything? At least we have been Mr WELLS — It costs $1.8 million a day before able to force the Gillard government change. We have 1 litre of water comes flowing down those pipes. Who been able to initiate reforms for the Victorian Funds is responsible? He is: the former minister for finance. Management Corporation. Under the previous What a ridiculous situation. government the corporation would invest in things like life settlement, which had to be written down by Let us get to the situation of debt. In 2008 under Labor hundreds of millions of dollars. Under the the total public sector debt was $4.5 billion. Agree? Attorney-General, who is also the Minister for Finance, You have no idea, do you? No idea. we have established responsible industrial relations Honourable members interjecting. principles for major government projects, and the minister needs to be congratulated. We have also The DEPUTY SPEAKER — Order! The implemented the high-value, high-risk unit in the Treasurer, through the Chair. Department of Treasury and Finance, which we are very proud of. It is something the former Minister for Mr WELLS — He has no idea of his own numbers! Finance should have done, but he was far too lazy. He was far too occupied with running his dirt unit and 11:05 Mr WELLS — This is the same person who, getting out there and destroying the lives of Liberal standing in front of the cameras with the former MPs and their families. That was his main focus, so we Treasurer in the run-up to the election, started doing a are very proud of what we have done. press release on payroll tax which ended up being about stamp duty. It was Paul Austin from the Age who had to In talking about unemployment let me make this point: remind them that they were going to give a press the unemployment rate today is 5.3 per cent. Do you release on stamp duty, not payroll tax. Talk about know what it was this time last year under Labor? embarrassing! Each of them was trying to blame the other. Let me get back to the issue. Honourable members interjecting.

Honourable members interjecting. Mr WELLS — What was it? It was 5.5 per cent. We have actually cut the rate of unemployment. Mr WELLS — I know you are excited by these numbers. Let me explain. The total public sector debt in The DEPUTY SPEAKER — Order! Before I call 2008 was $4.5 billion. What was their forecast for the member for Bendigo East, I warn the member for 2014? Melton, the member for Kilsyth and the member for Ferntree Gully. If they continue interjecting in the way Mr Holding — We are waiting for you! in which they did then, they will be leaving the chamber. The member for Lyndhurst is on his second Mr WELLS — It was $31.7 billion. Let me make warning. sure I have that right, to make sure that we remember: $4.5 billion in 2008, $31.7 billion in 2014. That is what Ms ALLAN (Bendigo East) — I am pleased to he was responsible for, and even in general contribute to this debate, which has been led by the government — — Leader of the Opposition. Let us look at one of the points made in the matter of public importance he has The DEPUTY SPEAKER — Order! The Treasurer brought before the house. It directly quotes the Premier must refer to members by their correct titles. ‘He’ is not back in those early, heady days of government in correct. November last year, when he said:

Mr WELLS — We will say the former minister What you will see is what you will get. responsible for the desalination plant then. What have we delivered on? We achieved a surplus in 2010–11. Let us have a look at what regional Victoria has got out We said that we would commit to a $100 million of this latest incarnation — this latest version — of a surplus. We cut stamp duty for first home buyers and, Liberal-Nationals coalition and what that means for MATTERS OF PUBLIC IMPORTANCE

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regional Victorians. Let us start at the very top. We saw After just one year what we have seen is that regional earlier today the attempted rehabilitation of the Deputy Victorians have been given that harsh reminder of what Premier, desperately trying to reclaim some credibility life under a Liberal-Nationals government means for that is long gone through his mishandling of his them. We have seen how decisions are made by a portfolios. Who is the person that parades around government led by Ted Baillieu. We must remember regional Victoria like a proud peacock, strutting around, that this government was formerly known as the desperately trying to convince regional Victorians that Baillieu-Ryan government. The Deputy Premier went his party is not the pale imitation of a lap dog that The from believing he was the co-skipper of the SS Minnow Nationals once were under the Liberal government led to being thought of more as a bumbling Gilligan. That by former Premier Jeff Kennett? Who is that person demonstrates just how quickly the gains of the past can trying to pull the wool over the eyes of regional be wound back. Those hard-fought gains that were put Victorians? It is of course the Deputy Premier. in place over the 11 years that Labor was in office, revitalising and rebuilding regional Victoria, have been What we have seen in the last couple of weeks when dramatically wound back by this government. the one-year reviews have come out from the commentators is that the Deputy Premier has been Let me go through a bit of a list — 10 items — that tells given the worst reviews of all over his handling of his this story. The first thing is that government members portfolio responsibilities: 2 out of 10. I do not recall scrapped the Regional Infrastructure Development anyone else plumbing the depths of a score of 2 out of Fund and replaced it with the sham Regional Growth 10 in the Sunday Herald Sun, which went on to say, Fund, from which money can now be spent in quite rightly, that he ‘has had a giant and irreparable metropolitan Melbourne. Second — and the Deputy hole punched in his credibility’. He certainly has had Premier made much of this in his earlier contribution to irreparable damage done to his credibility. Of course this debate — the Premier has failed to implement all the assessment was particularly scathing of his 67 recommendations from the bushfires royal performance in the police portfolio and the crisis in that commission, despite the Premier promising to do so area he created out of his own office. ‘lock, stock and barrel’.

However, other analyses of the Deputy Premier’s The most glaring failure of them all is the sham land performance in the past weeks are also around. Last buyback scheme they have put in place. With this week’s Weekly Times states that the Deputy Premier policy the government completely thumbs its nose at has ‘struggled to manage three crucial portfolios’. This what the bushfires royal commission recommended and is of grave concern to us in regional Victoria because asked for. The commission asked for a scheme for the these portfolios are important. The portfolios he holds whole state, not a scheme for a small number of in regional and rural development and bushfire properties that were affected by the fires of Black response are particularly important to us in regional Saturday, as difficult as it is for those landowners. This Victoria. We look to the minister in those areas to show was meant to be a scheme for all high fire-risk areas leadership, and it is of great concern that he is across the state. Government members have walked struggling in those portfolios. In the same article the away from the commitment to that recommendation Weekly Times also says: and have failed to deliver on that promise to implement all 67 recommendations of the royal commission. Let’s hope Mr Ryan has more success managing the coalition’s $1 billion Regional Growth Fund. The next area is of course the complete botching of Fire To date — like his handling of, his bungling of and his Action Week. Fire Action Week is usually held well in failures in the police portfolio — the Deputy Premier’s advance of the fire season, to make sure that mismanagement of the Regional Growth Fund has landowners are ready and prepared. This year Fire badly let down regional Victorians. Action Week was held last week, in the middle of November, after a number of municipalities were 11:12 You need look no further for evidence of how it has already declared to be in the fire danger period. Then been mismanaged by the Deputy Premier than the way we saw that the government has cut funding to fire money that was promised to regional Victoria has been services by refusing to fund that vital third Elvis allowed to be spent in metropolitan Melbourne. Money air-crane that was asked for by the Country Fire that the government promised regional Victorians Authority. The CFA asked for this additional protection would go to them can now under legislation be spent in and it was refused by this government, despite the risk metropolitan Melbourne. of grass fire this season being quite significant. MATTERS OF PUBLIC IMPORTANCE

Wednesday, 23 November 2011 ASSEMBLY PROOF 21

We can go on. No. 5 is that the government has refused the Goulburn Valley. Through that round table they to provide the $2 million — which is all it would would have been lucky to have got a cup of hot water take — needed to keep open the vital occasional and a teddy bear biscuit from this Premier. They have child-care programs run by Take a Break. Without this been let down completely by this government. funding in the next few weeks we will see many rural towns — towns like Tongala and others in Nationals Members know that governments are judged by the electorates — lose their child-care services and leave choices they make. After just one year, we have seen parents without access to child care. from the decisions made that this latest version of a Liberal-Nationals government has an agenda that is Members have already heard that the government has taking regional Victoria backwards at precisely the time cut funding for VCAL (Victorian certificate of applied when it was ready to bloom and move forward. We learning). That will really hurt regional students. The have to work hard to keep up the momentum in government has hit regional apprentices with a double regional Victoria. That is why Labor members will not whammy by on the one hand slugging them with a fee let this go. We will pursue this government on regional increase and on the other hand taking away the jobs and we will pursue this government on assistance to employers to help them to hire an opportunities for young people in regional Victoria. We apprentice. The government has also ceased funding for will not stand by and let this latest version of a Foodbank Victoria’s rural outreach workers. Those Liberal-Nationals government once again treat regional workers are put in place to help rural families through Victoria as the toenails of the state. The current the tough times. Through the droughts and floods those leadership of The Nationals obviously learnt well at the workers are there to make sure that families in rural feet of former Premier Jeff Kennett when he slashed areas get access to basic food provisions. What have and burnt regional Victoria — and they are set to do it members of this government done? They have come all again. into government and cut funding for that program. They have abandoned those families in rural Victoria. Mr CLARK (Attorney-General) — I am pleased to have the opportunity to say a few words on this matter Speaking of abandoning people, government members of public importance. I looked at the matter that was put have abandoned regional commuters by failing to before the house by the member for Mulgrave, the purchase any additional V/Line carriages. We are Leader of the Opposition, and when I saw, at seeing fantastic growth in the number of people using paragraph 3(a), ‘doubling state debt with nothing to our regional rail network. That is because Labor made show for it’, I must say that I was absolutely an investment in improving the rail lines to Bendigo, gobsmacked to think that the opposition had the nerve Ballarat, Geelong, Ararat and Maryborough — rail to raise this as a topic for debate today, given its lines that were closed down by the previous abysmal record in terms of mismanagement of state Liberal-Nationals government were opened with a debt during its term in office — not only the massive flourish by Labor. Those rail lines are now attracting increase in state debt, but also having very little to show greater patronage, but you cannot put people on trains if for the huge increase it incurred. the trains are not there. You have to make that investment, but this government is not purchasing any The Treasurer has put on the record very strikingly the more rolling stock for the regional rail network. figures that relate to the increase in state debt that occurred under the previous government. The point I Finally, as members have already heard today, at a time want to emphasise is that members of the former when our economy and our manufacturing sector need government were warned and warned and warned again assistance more than ever because they are under great that that was exactly the direction they were heading in. pressure, members of this Liberal-Nationals They ignored those warnings, and they have now put government do not have a plan for jobs, including Victoria in a situation where the incoming coalition regional jobs, and to make matters worse for regional government, as so often is the fate of coalition Victoria, they have abolished the previously in place governments, has been left to clean up the mess of dedicated role of a regional jobs minister. To see how financial mismanagement that we have inherited from the impact of this is felt we need look no further than our Labor predecessors. You only need look back the Goulburn Valley, where there has been the loss of through the successive budget speeches of treasurers in more than 300 jobs from the food-processing sector. the previous government to see how the rhetoric What did that area get from the Premier in response to changed from budget to budget. I invite new members the closure? He visited, had a photo opportunity and a of the opposition to do that, to look at the speeches round table, and that was the end of it. There was no made by Mr Brumby and others treasurers. In their support, no plan and no assistance to create new jobs in early days they were boasting that they were doing such MATTERS OF PUBLIC IMPORTANCE

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a great job in reducing debt and saying what a individual portfolios. It left a legacy of black holes wonderful achievement it was for the state to be able to scattered across portfolio after portfolio. As incoming reduce debt. They were trying to piggyback on the ministers, my colleagues and I have had to deal with achievements of the Kennett government that were those problems. On the surface there were ongoing, flowing through into their era and claiming credit for stable, established programs that were to continue the reduction of debt. indefinitely, but when we came to office and looked at the books we found that the funding for those programs Then the rhetoric changed; they were no longer was running out as of 30 June this year and there is a reducing debt. They were saying what a wonderful job whole bunch set to run out as of 30 June next year. It is they were doing because they had stabilised debt and fine to have a pilot program and say, ‘We are going to did that not show their sound financial management. have a pilot for a set period, and then we are going to Then debt started to take off again, and again the decide if we keep it’, but to have what on the face of it rhetoric changed. Now it was a responsible, affordable are ongoing programs but which in fact are programs and well-managed increase in debt. Lo and behold, the that have only short-term funding is appalling situation is, of course, now threatening to get totally out mismanagement and deceit of the electorate. of control and, as I say, we as the incoming government have to act to fix the situation. In relation to the Attorney-General’s portfolio, there are two classic examples. The court integrated services Mr Pallas interjected. program (CISP) helps offenders with mental health issues, cognitive impairment or other personal Mr CLARK — The honourable member interjects difficulties to get back on track, turn away from crime about the facts. He simply needs to look at the chart that and get their life back in order. It is a sensible program. shows graphically that under the Kennett government It is a program strongly supported by this government. debt was coming down, then in the mid years of the The only trouble was that the funding ran out as of previous government it levelled out, and then it started 30 June this year for what was supposed to be an to take off again to a point where it is putting real ongoing program. Had we allowed that program to fall pressure on the state’s finances. It has required this over, another program that was built upon the court government to put a cap on the level of the debt in integrated services program to assist people with relation to GSP (gross state product), which the cognitive and other impairments would also have fallen previous government was unable to contain and which over because it was predicated on CISP. We had to find was going up budget after budget. $22 million to keep the CISP program going. We have 11:22 To make matters worse, as I said earlier, it was not as if not funded it just in the short term but on an ongoing the previous government was delivering value for the basis. rapid increases in debt that it was incurring. The Similarly, we had to find $9 million of funding over the previous government went around boasting about how next four years to maintain levels of support for it was increasing capital spending. It is very easy to community legal centres (CLCs). Those on the other spend a lot of money when you waste a lot of money, side wax lyrical about the importance of community and that was the problem: the government was wasting legal centres. They are indeed a valuable institution huge slabs of money with what it was doing. within our community, and they provide an excellent Mr Pallas interjected. service on very limited budgets. But money for regional CLCs and money for CLCs to run family violence Mr CLARK — The member for Tarneit, who is at programs was set to run out on 30 June this year. We the table and who was the roads minister in the former had to find the money to keep those programs going. regime, needs to accept substantial responsibility for his mismanagement of transport infrastructure and the Mr Noonan — What about the international amount of money he misspent under that portfolio. students program? Look at Melbourne Markets, as has previously been Mr CLARK — Despite the interjections of the referred to. Look at the desal plant — that was an member for Williamstown, we have also looked after off-budget project, but it has lumbered Victorians with the International Student Legal Advice Clinic, which close to $2 million of repayments a day as a result of was another mess that was left in disarray by the the incompetence of the previous government and the previous government. Not only are we dealing with previous Minister for Water. those financial problems, but despite those financial At the macro level the previous government failed at problems we are also getting on with delivering our financial management, and it also failed at the level of program. MATTERS OF PUBLIC IMPORTANCE

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The member for Mulgrave in his matter before the necessary to help them curb the problems they are house has the nerve to question how much the suffering from. incoming government is doing. Let me refer to some of the things we have been doing in the These are all matters that the previous government Attorney-General’s portfolio to remedy the issue of failed to act on. The current government is getting on community safety, which the previous government with the job. We have done a lot, and we are going to refused to admit even existed. It tried to go around continue to do more. saying, ‘There is not really a problem. It is just a perception of a problem. If we have a bit more spin and Mr PALLAS (Tarneit) — I rise to support the a bit more rhetoric, we can persuade the community matter of public importance submitted by the member that it is actually safe after all’. for Mulgrave, the Leader of the Opposition. In so doing, I indicate that this government started out by As I said yesterday, despite all the issues about crime making some very substantial promises to the people of statistics, the long-term detailed crime statistics show Victoria, but in effect it wrote a blank cheque on its three areas in which crime clearly increased own credibility. The government started by putting substantially under the previous government: violent aside any specific commitment to the people of Victoria crimes against the person, property damage crimes and and saying it would fix the problems and build the antisocial street crimes. It is no wonder Victorians felt future. they lacked safety — their safety had deteriorated because of the failure of the previous government. The government started off fixing the problems by 11:30 doing nothing, and it started out building the future by That is why the Deputy Premier and Minister for Police doing nothing much. Of course what it did do was and Emergency Services has committed to putting extra submit plans to the federal government about projects police back on the beat and protective service officers that were already planned and in many cases funded by on railway stations so that after dark stations will be the federal government for delivery, such as Melbourne places of safety rather than danger. In the Metro 1 and WestLink, the second river crossing. Much Attorney-General’s portfolio we are moving to ensure of the money had already been put in place, but what that there is stronger and more effective sentencing so did this government do? It continued the process of we can rebuild respect for the law and rebuild the planning. If we just go back to one of the criticisms that respect shown by one citizen to another in the was directed to the former Labor government, it came community rather than the contempt for fellow citizens from none other than the current Treasurer. On that unfortunately an increasing minority is displaying 15 September 2009 he is recorded in Hansard as being at the moment because of the weak and ineffective laws critical of what he described as Victoria’s ‘so-called that were in place under the previous government. transport plan’. He said:

We are getting rid of suspended sentences for all crimes … no projects have commenced, and $30 billion of this plan is unfunded. What we need is urgent action on bringing to send a very clear message that jail will mean jail. We forward major projects to get Victorians back into jobs. are introducing statutory minimum sentences for offences of gross violence so that people know that if What outstanding commentary! What a great level of they set upon and beat someone unconscious in a success this government has set for itself: we need to premeditated manner, they can expect to spend four get going on major projects and we need to get years behind bars. We are reforming baseline sentences Victorians back into jobs. so that the Parliament and the community can have a greater say in the overall level of sentences for serious What have we seen from this government in 12 months crimes. We are acting against organised crime gangs. on major projects? There have been zero new major We are reforming bail laws. We are reforming projects. If you open up the budget papers, you will see community-based sentences so that we build respect for in budget paper 4 an interesting statement: under the the law and so that when a court thinks it is not heading ‘Major projects’ the letters ‘TBD’ appear appropriate to give someone a custodial sentence it has 26 times. What does TBD stand for? It does not stand a range of sentencing dispositions it can use to send a for ‘Ted Baillieu dithers’; it stands for ‘To be clear message to the offender that their conduct is determined’. The people of Victoria are still waiting for unacceptable. The court can put conditions on the the government’s determination. The Treasurer said sentence that better protect the community or require there was a need to get Victorians back into jobs. What the offender to make reparation for the harm they have happened to the government’s efforts to get Victorians done or undergo alcohol or other programs that are back into jobs in the last 12 months? There are 17 100 more Victorians unemployed in this state today than MATTERS OF PUBLIC IMPORTANCE

24 ASSEMBLY PROOF Wednesday, 23 November 2011 there were when the Baillieu government came to We remember from previous times when the now power. What is more, the unemployment rate in the government was in opposition we would have shadow state has grown from 4.7 per cent to 5.3 per cent. We minister after shadow minister standing up in this place are now above the national average, which is 5.2 per and the other place demanding that ministers become cent. That is this government’s achievement, and that is personally involved in negotiations in order to resolve the level of achievement that in the past the now issues. We never reached such a nadir of ineptitude and Treasurer directed the then opposition towards. He said failure to negotiate in industrial relations during the that you should not have plans that are unfunded. Of entire 11 years of the Bracks and Brumby governments course this government will never run foul of that as this government has jumped into so willingly and criticism because it has no plans. He said the with great relish. However, not one minister is prepared government should get on urgently and deliver projects. to participate in a genuine process of negotiation, to For the last 12 months we have seen nothing but take responsibility and stop hiding behind bureaucrats. dithering and inaction. He also said the government Members should make no mistake: the current action should create jobs in the Victorian community, and we by the nurses could have been avoided if the Baillieu have seen nothing of that. That is what the government government had stepped up to the negotiating table and has done about fixing the problems and building the bargained in good faith. future. Nurses do not take industrial action lightly. The The basic and salutary lesson this government should government can rail about it as much as it wants, but learn is that how it starts sets the tone, direction and nurses put the welfare of patients first. The people of course of a government throughout the remainder of its Victoria can believe that is the case because this is the term. At the moment we have thousands of public nurses’ livelihood. This is the profession they have servants — nurses, teachers and community service committed to. When politicians start talking about workers — who are getting nothing. This is a nurses putting patients welfare at risk, they should government that to all intents and purposes has understand that they direct a criticism to the very part of effectively put in place a wage freeze because of its a profession that deserves much greater respect from lack of good faith in the bargaining processes. This is a those in government. By failing to negotiate in good government that could not care less about fairness and faith, this government is sending the message that it equity for the workforce. This is an antiworker does not care about Victorian nurses. government — a government that picks on Victorian workers who are just doing their jobs, paying their bills There has not been much negotiation going on in the and supporting their families. This is a government of executive service of the Victorian public service, but I deceit and double dealing. can tell you there have been some pretty substantial wage increases. I have done an analysis of the This is a government that ultimately will reap the executive remuneration increases in every Victorian rewards of what is mutually assured destruction for government department. It may come as a surprise that picking on the people who are the arms and the legs of executive officers in the Department of Health are delivery of services to the people of Victoria. The giving themselves nearly a 50 per cent remuneration words of John F. Kennedy ring in my ears: the fruits of increase — in fact 46.4 per cent. This is a government victory will be mere ashes in your mouths if you go that is prepared effectively to shower largesse upon down this path. This is a government that, despite its those who are charged with the responsibility of cowing protests to contrary, has not demonstrated good faith in the carers in our community and reducing their its bargaining with the representatives of the public conditions to something less than a fair go. Nurses are sector. As reported in the Age on 24 August 2011 the professionals. I might say from a government point of Australian Education Union president called the view we have heard time and again that it is prepared to government’s tactics ‘offensive’ as negotiations had pay 2.5 per cent plus bankable productivity — only just begun. She said the government: whatever that means.

… are clearly not interested in good faith negotiations. Mr O’Brien — You would not know what bankable productivity is, would you? The article also states:

Australian Nursing Federation state secretary Lisa Fitzpatrick Mr PALLAS — Absolutely — and let me say that said it had been an ‘excruciating process’ trying to get the the Flinders Institute does not what it means in a public government even to sit down and negotiate sector context. We are waiting to see what bankable productivity means when the government gives a 4.7 per cent increase to police but refuses to provide the MATTERS OF PUBLIC IMPORTANCE

Wednesday, 23 November 2011 ASSEMBLY PROOF 25

costings publicly. I will tell the house what the costings Back in 2006 the member for Melton was actually in are. The government had a nasty Office of Police favour of brown coal exports and brown coal Integrity report coming out and needed to put one development in his electorate. He thought it led to jobs problem back in the box, and that problem was police, and export earnings for his state and his area. What the thin blue line between the government and does the member say now? In Hansard of obscurity. That was it. 13 September he is reported as having said:

From a public point of view, the people of Victoria In this day and age, with the world looking over our shoulder deserve better, the nurses of Victoria deserve better and because of climate change, I find it extremely hard to understand what extracting coal from the ground and the child protection workers of Victoria deserve better. exporting it to India, which is what Mantle Mining is looking They deserve better than the overbloated econobabble at doing, is all about … I just find this extremely difficult. we hear from members on the other side of the house. If you are serious about providing for the welfare and Hypocrisy can be difficult sometimes. It can be really wellbeing of the carers and about the delivery of difficult when your own words come back to bite you; improved services, then you start at the grassroots: you your hypocrisy and the hypocrisy of your positions make a commitment to the people who are your arms taken in government when you believed that exporting and legs. That is where this government has failed. It brown coal was a positive thing for your electorate, for has failed to live up to its expectations and promises the state, for the economy, but all of a sudden you now and proved itself to be dishonest and disingenuous. think it is a very bad idea because you are in opposition.

11:40 Mr O’BRIEN (Minister for Gaming) — I am Maybe that is why the miners hate Victoria, because pleased to rise to speak on the matter of public they had 11 years of a Labor government that did importance, and it is fascinating to hear those opposite nothing for them whose members, now they are in talk about jobs, because as Minister for Energy and opposition, are carping about them. We have seen a Resources I can say that the opposition has been one of complete lurch to the left by the Labor Party, and its the most negative and destructive of groups, not only efforts in the lead-up to the last election demonstrated when in opposition but also in its last term in that. Its great policy was to close down Hazelwood, the government, when it comes to creating jobs in Victoria. plant that produces 25 per cent of Victoria’s baseload electricity — close down a plant that provides 800 jobs An article in the Australian Financial Review of in regional Victoria. It did not cost that policy, it did not 8 October, headed ‘Why the miners hate Victoria’, said: fund that policy — it had no money for it — but it was committed to doing that. On the NSW side miners have jostled for position searching for valuable minerals. But go south of the Murray and the It is not so long ago that the Labor Party said that tenements disappear. The miners are missing. Why, it is often asked, do the miners hate Victoria? Hazelwood was a very good thing and that expanding Hazelwood’s operations was a very good thing. I refer The answer is, they had 11 years of a government that to a press release of 6 September 2005 from the offices did not care about the energy sector, did not care about of the then Premier and the then Minister for Energy the resources sector and did not care about the regional and Resources headed ‘Hazelwood agreement to secure jobs that go with them. Nothing could be more Victoria’s energy supply while reducing greenhouse demonstrative of the absolute hypocrisy of members emissions’. It says: opposite than to look at the contrast from when they were in government to now when they are in ‘This is a $400 million project that ensures Victoria’s baseload power needs are secured well into the future’, opposition. Let us take the member for Melton, who Mr Theophanous said. was quoted in a government press release — therefore I presume he cannot say he was misquoted — of ‘This agreement also secures a future for more than 27 October 2006: 800 Hazelwood workers and their families. It will help keep energy prices low, which is great news for Local member of Parliament, Don Nardella, said construction the Victorian economy. Our manufacturing sector alone had begun on the commercial plant at the Maddingley brown employs more than 350 000 Victorians, largely because of coal mine in Bacchus Marsh and would be ready to produce low-cost and reliable energy supplies.’ the Coldry pellets in early 2007.

Mr Nardella said ESI aimed to process and export 20 million In 2005 the view of the then Labor government was tonnes of brown coal pellets per annum by 2020 and harvest that Hazelwood was good for jobs, good for the more than 20 million kilolitres of distilled water. economy, good for manufacturing and good for low-energy prices, but by 2010 it wanted to shut down Hazelwood. It wanted to turn it off and get rid of it. It MATTERS OF PUBLIC IMPORTANCE

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wanted to jack up energy prices for Victorians. It federal Labor’s carbon tax. The federal Treasury’s own wanted to kill regional jobs. It had no plan at all, modelling shows that the impacts of the carbon tax will because it was so desperate to chase the Greens be felt strongest and hardest in Victoria, and it shows preferences in the latte belt, and that is what it was all that the impact of the carbon tax on the gross state about. It sold its soul, it sold out jobs and it sold out product of any state in the country will be the most regional Victoria just to keep the members for significant between 2012 and 2040. What does the Brunswick, Melbourne, Richmond and Northcote in opposition say? The Age of 10 August 2011 says: this place. It sold its soul, it sold out Victorians and it sold out jobs in a desperate attempt to keep its inner city State opposition leader Daniel Andrews said he strongly supported the carbon pricing scheme and its compensation MPs in this chamber. The great irony is that it was not packages for industry, households and communities. the Greens that actually delivered those seats to the Labor Party, it was the coalition. We were the ones who Let us look at the compensation. The compensation stood up and said we were putting the Greens last and offered is $200 million for structural adjustment over would not be preferencing the Greens. Labor should be seven years. That is not just for Victoria, and it is not thanking us. It is the coalition that, for its sins, is for the Latrobe Valley; that is for the whole country. responsible for the members for Brunswick, Northcote, Even Kevin Rudd had $200 million over five years in Richmond and Melbourne keeping those seats. Labor his carbon pollution reduction scheme, so the Gillard Party members did not have to sell their souls, sell out package is actually less generous to regional Victoria Victorians or sell out regional jobs, but they did. Labor than the Kevin Rudd package was. Where is state was prepared to sacrifice jobs in this state in pursuance Labor? Is it standing with the government, saying, ‘We of mad Greens policies, and it has had the nerve to need more, we need to protect regional jobs, we need to come in here and introduce a matter of public protect regional communities, we need to ensure that importance debate that refers to jobs. we can keep power prices low and we need to keep security of supply’? No, it is not. I referred to the former Minister for Energy and Resources, Mr Theophanous, who has made more State Labor is Canberra Labor’s cheer squad. It puts recent comments. In the Age of 4 July he said: Labor first and Victoria second, and it has shown this time and again. This carbon tax proposal, which is now Victorian Labor’s pre-election policy to shut one-quarter of becoming law, will hit Victoria first and hardest, and the Hazelwood power station at a potential cost to consumers and taxpayers of $2 billion was an attempt to garner Green state Labor is not prepared to stand up and argue the votes. Labor’s adoption of the policy was seen as a success case for its own constituents. It is so blinded by its for the Greens and increased anxiety among Labor’s pursuit of Greens preferences that it has sold out the traditional voters about impending electricity price rises. It very people it once claimed to represent. The party of contributed to Labor’s electoral loss. regional jobs and metropolitan jobs is actually the He went on to say: coalition.

Federal Labor’s reported new proposal to pay for the shutting Ms RICHARDSON (Northcote) — I am pleased to down of Hazelwood will be seen as another Greens win but speak on the matter of public importance brought the cost to the community will be considerable, not only from before the house by the Leader of the Opposition the buy-out but from the higher costs of gas or renewable because it provides me with an opportunity to stand up energy that will be needed to replace the power. This will not be popular with Labor’s heartland. and speak on behalf of Victorian commuters, who have been so neglected by this Liberal government in the last Labor’s heartland used to be the workers. It claimed it 12 months. was the party of labour, the party of the worker, but now it is not, it is the party of the barista, the party of All of us recall the many promises and commitments the latte-sipping inner city dweller, and it does not care that were made prior to the last election by the now about real people with real jobs. The former Labor Minister for Public Transport. He was going fix Minister for Energy and Resources, Theo congestion, he was going to fix freight and of course he Theophanous, has exposed Labor as such. Labor’s was going to fix public transport — and lo and behold record on jobs has been absolutely appalling, and we he declared in this house just a few weeks ago, have seen its absolute willingness to ride roughshod ‘Mission accomplished’. This is what he said: over the interests of Victorians in regional Victoria as … it took 11 years to put the public transport network on its long as it helps people within reach of the tram tracks. knees, and it has taken 11 months to pick it up and put it back where it should be. 11:47 We come to the most significant impact on jobs in this state, which those opposite are supporting — that is, MATTERS OF PUBLIC IMPORTANCE

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Not surprisingly, the Age raised some very serious missing in action on this issue ever since those figures questions about this statement. It said: were released. Metro Trains Melbourne is claiming that it is running trains in the right direction, which is The danger in Mulder’s comments — which raised the somewhat less than truthful. In opposition the minister eyebrows of several coalition MPs — is not just that he has shot off too early on the transport system being fixed. It also said: questions the government’s and a senior minister’s judgement. Melbourne’s trains should travel to where commuters want to go, rather than where — … the government — Remember Mulder’s ‘it has taken 11 months to fix it up’ declaration the next time your train is cancelled or you can’t wants to send them … get on a tram. Terry Mulder clearly needs to take his own advice and But it is not, as the Age has pointed out, the minister’s act to make sure commuters have access to the services judgement that is in question in this claim. The claim is they need. It has prompted a variety of media concerns. all the more extraordinary when you consider that it ‘Stations to lose peak services’ was one of the headlines flies in the face of so much evidence to the contrary. in the Age, and the Herald Sun reported under the I want to start by looking at the new timetable that was heading ‘Melbourne’s great train robbery’. Countless basically the rock bed upon which the minister made suburban newspapers have highlighted the fact that this extraordinary claim. When he was first criticised loop services have been dramatically slashed as a result for this new timetable he said, ‘There’s nothing for me of the new timetable that was rubber-stamped by the to do in this space. I am here to simply rubber-stamp minister. He has also added extra time to services whatever is put before me’. A number of stakeholders across the network, adding 20 to 30 minutes to said to me at that point, ‘That is interesting, because it commuter time across each of the lines. is actually his responsibility to act in the interests of I also want to have a look at another key area of commuters, and he does have the power to alter the concern that flies in the face of Minister Mulder’s claim timetable that is put in front of him’. But he decided that he has fixed public transport — that is, the issue of that, no, he was not going to do that; he was not going level crossings. In a breathtaking political rort, the to stand up for commuters. He would merely minister has seen fit to put politics ahead of safety when rubber-stamp the timetable that was before him. it comes to the death traps that are level crossings Let us have a look at what he has delivered for across this state. If you travel through a level crossing commuters. An analysis of the old versus the new wondering if it will or will not be fixed any time soon, timetables reveals that commuters have paid a very you had better check the electoral map and not the high price for this minister’s willingness to just, as he independent ranking of the Department of Transport’s puts it, rubber-stamp the timetable. It shows that most relative danger to work out whether or not it will be. of the extra services are simply travelling in the wrong The minister has poured funds into crossing upgrades in direction, yet here he is singing the praises about the Liberal-held seats and ignored the most dangerous new timetable. In fact nearly two out of every three new crossings in the state. Of the 10 most dangerous services run the wrong way in peak hour. There are no crossings, only 2 get a share of the $16.5 million of new services for commuters travelling into the city planning money, and only 1 of those is in a Labor-held during the morning peak on the Frankston, Cranbourne, seat. Pakenham, Craigieburn, Sydenham, Alamein, But consider that a crossing in Brighton gets $2 million 11:55 Williamstown, Belgrave, Lilydale, Epping or all on its own. Also consider that a crossing in the Hurstbridge lines — no new services whatsoever. The minister’s own seat receives $500 000 — and the only only new services that are on these lines in the morning venue that crossing services is the Terang Racing Club, are travelling in the wrong direction. Across the where the minister stables and trains some horses. This network there are only 21 new peak services travelling crossing sits 394 on the list of most dangerous in the right direction, despite the government claiming crossings, as listed by the Department of Transport to have added 127 extra new services. This means that (DOT). Remember that point when the minister claims only 16 per cent of the Baillieu government’s new that these are election commitments that he is services are running in the right direction and at the delivering on, because he claimed prior to the election right time to help the majority of commuters. that he would fix the St Albans level crossing. In The problem for Minister Mulder is that 16 per cent is a opposition he said that Labor in government would fail in anyone’s language. The minister has been have blood on its hands if it did not fix the St Albans MATTERS OF PUBLIC IMPORTANCE

28 ASSEMBLY PROOF Wednesday, 23 November 2011 crossing, but here he is, despite his election action or prepared to deliver terrible outcomes for commitment, upgrading crossings in Liberal-held seats commuters. with not one cent to fix the St Albans crossing. The media has focused on this issue and delivered some I want to touch on the issue of roads. Clearly what we disturbing reports on the minister’s choices in this area. are seeing here is that the minister has absolutely no plan whatsoever, just as is the case with public Turning to the budget, the minister must have made a transport. He is sitting on his hands and costing road feeble presentation before the budget estimates, because users dearly. The truck action plan, which was despite the promise, there is no money for new trams shovel-ready when we were in government, has been and no money for new buses in any of Melbourne’s sidelined by this minister. Minuscule funding for road growth corridors. There will be no new train services projects across the state has been delivered by the either. The reason for that, as was confirmed by the minister, but in regional Victoria in particular there is a minister in hearings of the Public Accounts and heavy price to pay for this minister’s inaction, despite Estimates Committee, was that new trains will replace the fact that he calls regional Victoria home. Despite the Hitachi trains he promised to retire prior to the last what he might think, this minister, who was once election. There is no increase in train services and no considered an alternative Premier — he was the new V/Line carriages, despite the fact that patronage is challenger to the current Premier in 2006 — has instead booming with 31 million extra passenger trips expected in the last 12 months become one of the Liberal in the next 12 months. The minister failed to deliver government’s weakest links. There are no significant any additional rolling stock across the network. funds available; instead he has made cuts to his budget. The trains are running backwards on his watch. There I want also to focus on what the minister did when it are no new rail lines, just more money for consultants. came to the PSO (protective services officer) initiative. He has put politics ahead of safety when it comes to He decided to take money allocated in the DOT budget level crossings, and he should hang his head in shame. to upgrade 20 stations to premium status and hand it over to the Minister for Police and Emergency Services Ms ASHER (Minister for Innovation, Services and to pay for his bungled PSO initiative. Daniel Bowen of Small Business) — I am pleased to participate in this the Public Transport Users Association was prompted debate on the hysterical and delusional matter of public to tweet in respect of this commitment that the minister importance (MPI) proposed by the opposition. Don’t I had lied to the public transport ombudsman. The remember 1999? Members opposite have had a year in minister has also cut funding with a 75 per cent cut for opposition; many of them have lost their government Disability Discrimination Act 1992 compliance to jobs and lost the relevance of being a minister. They improve network access for those with a disability. have moved to that side of the chamber. I remember it well! The current opposition members know that we I want to touch on the Public Transport Development have fixed four-year terms and that they are at about Authority, because there is no independence and no quarter time. Opposition members are not liking it and accountability when it comes to this authority. I thought have come up with a matter of public importance that it was a cornerstone of the Liberal Party that it would reflects the level of delusion they are now experiencing. stand in defence against governments that sought to interfere with individuals and their lives. However, on I want to make a couple of observations about a number this minister’s watch he has determined that you may of items in this MPI. The first one, which is a joke, is get a knock on the door and someone saying, ‘We are the opposition’s allegation that the Baillieu government taking your house from you, and instead of giving you is a secretive government. Let me give members cash in compensation we are going to move you down opposite one example from my portfolio. I have the road and place you right in front of our new ministerial responsibility for the Australian Formula Rowville rail line; that is going to be your lot’. Of all One Grand Prix, which I might add is the subject of a the newspapers only the Age, in an editorial of disgraceful contract signed by the previous government 17 November 2011, raises concerns about this: that allowed the private sector to walk all over it to secure this very good event. In terms of accountability, Compensation in land, however, amounts to confining I have released a raft of documents to the Legislative individuals to a particular locality, a practice most Western countries ended when they abolished serfdom. And reviving Council relating to the arrangements with police, health serfdom would be a very strange way of modernising the services, Parks Victoria and ambulance services. These public transport system. documents were never released under the previous Labor government. Hundreds of pages of documents on In respect of countless measures on the public transport this event were released via the Legislative Council. network we have seen the minister either missing in MATTERS OF PUBLIC IMPORTANCE

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Also, in recognition of media and community horror at have a look at this annual report and see what progress the so-called annual report dump that used to occur is being made on exports, investment and the number of under the previous government, I released the lost jobs that are being created. I urge members of the figures on the Australian Grand Prix Corporation opposition to look at the raft of activities of the months in advance and was more than happy to subject Victorian government business offices. We have myself to an extensive press conference for scrutiny of recently seen the Premier go to China to pursue export those figures. opportunities that will create jobs in the private sector in Victoria. I urge members of the opposition to look at 12:02 It riles me to hear the member for Lyndhurst make the DBI report and its coverage of grants and other comments about tourism, because I know he sat on an assistance provided by the government to the private economic impact statement when he was the minister sector to enable it to grow, export or do whatever it for Tourism and Major Events. I released an economic needs to do to create jobs. One of the problems with the impact statement about the Australian Formula One ALP is that it only looks at job creation in the public Grand Prix which was not as favourable to the sector. Throughout the budget papers and the DBI government as we may have liked. The member for annual report you can see that the coalition supports the Lyndhurst sat on a similar economic impact statement government setting parameters so that the private sector because it did not meet his political desires or the can create jobs. We believe there is more economic political rhetoric he was telling the community about generation as a consequence of that. the grand prix. He should use this time in opposition to reflect on his endeavours and perhaps not get so excited I urge members opposite to look at the tourism when he is in the chamber. industry, which is a $15.2 billion industry. It is Victoria’s no. 2 export and represents 193 000 jobs. We Let us look at the facts in regard to jobs. In November have just released the 10th iteration of the Jigsaw the Australian Bureau of Statistics released its October campaign, the most successful tourism advertising 2011 Labour Force, Australia survey. It is very campaign ever devised. It was devised in 1993 by Jeff important to see how the Victorian figures stack up. Kennett. It is a brilliant advertising campaign. We have Since December 2010 more net jobs have been created just launched that campaign to encourage more visitors in Victoria than in any other state. A total of to Victoria. We devised the event strategy for Victoria, 22 900 new jobs have been created in Victoria since which is $1.4 billion of economic development into December 2010. Victoria is ahead of Queensland, Victoria. That is a strategy that the Labor Party initially which created 20 800 new jobs, and Western Australia, opposed, but, boy, did it embrace it when Labor got which created 7400 new jobs. We are ahead of Western into government. It is good to see those sorts of Australia, the mineral state, in the creation of new jobs. changes. Victoria has accounted for 39.4 per cent of all net jobs created in Australia since December 2010. In the period I ask Labor Party members to look at our performance from December 2010 to October 2011 the Victorian in the film industry. government growth rate was equal second highest of all the states. It was tied with South Australia and only Mr Nardella — Filum? behind Queensland. Ms ASHER — No, that’s Kath and Kim. Since In terms of the national employment growth for the December 2010, Film Victoria has assisted in funding year to October 2011, Victoria had a 37.2 per cent film and TV production, which will result in an share, which was more than any other state. Let us look estimated 4300 project jobs for Victoria. These are at the figures, not at this delusional matter of public important areas. importance (MPI) before us. In picking up the terminology of the MPI, Labor wants the coalition to Zara opened earlier this year, representing 100 jobs. produce a jobs plan. If something is not in a glossy Topshop will open in December 2011. Tiffany’s has document, the Labor Party does not get it. That is the opened. David Jones is opening a new department store problem with the Labor Party. This government is in the inner west by 2013, which will employ 600 staff, eschewing spin. We are not putting out a glossy as was announced in February this year. The Bank of document. We are actually producing jobs. Melbourne announced in July 2011 that it will create 125 jobs for its new call centre. We can go on and on I invite members of the opposition to look at the annual with the jobs that have been announced under this report of the Department of Business and Innovation government. (DBI). This is the economic development department of the government. I urge members of the opposition to MATTERS OF PUBLIC IMPORTANCE

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The Premier has announced a range of jobs. I have plummeted after the disgraceful scandal involving the announced a range of jobs. There is the new Springvale undermining of the Minister for Police and Emergency Homemaker Centre. All of these things are very Services. We have seen the resignation of a important indeed. We have seen a very important parliamentary secretary in the first 12 months of the delegation to India that represented $63 million of government being in office — that is, we have seen the exports. All of these things show how the coalition resignation of a senior member of government. We government is creating jobs without glossy brochures have seen major projects grind to a standstill. Essential and without spin, and it is doing this by doing the job services in health and education have had their budgets that state governments are elected to do. slashed. We have seen allegations of corruption of the cabinet process when it comes to tendering, and we In conclusion, I believe the opposition has been on have seen chaos in our hospitals. The list could go on. holiday for 12 months. Members of the opposition do not look at the annual reports tabled in Parliament. The Minister for Innovation, Services and Small They do not look at the budget papers. They want Business described the government as transparent. As everything put before them in a glossy document. They far as everyone else can see, a veil of secrecy has come have been on holiday. They are delusional. They have down on Victoria. As for transparency, we look failed in their job as an opposition, and I am here to forward to question time later today to see just how remind them that there are three years to go. open the answers will be to the questions to which Victorians need to have answers. We look forward to Mr HERBERT (Eltham) — It is a pleasure to rise transparency during question time today. on this matter of public importance that was raised by the member for Mulgrave. Before I begin my Anyone who follows politics knows that there was a 12:12 contribution I thank the member for Brighton for great legacy left by the former Labor government, a recognising Labor’s legacy on jobs in this state, a legacy that is being whittled away because of a legacy that came from long-term planning and wise lacklustre, incompetent and incredibly lazy coalition investment. However, I am not quite sure what she will government — lazy in application, lazy in process, lazy speak about in another year when that legacy is starting in probity and lazy in action. to diminish and the inaction of her government is starting to show through. We have a government and a Premier — we see him in the chamber — that are fond of taking long naps. I will I also comment on the contribution of the member for not take any cheap shots at the member for Brighton; I Malvern in regard to the Latrobe Valley; he bleated have already taken a couple. We have a government about the fate of the valley. I say to the member for that naps. It likes long naps. It likes to sleep. In fact we Malvern, who is the Minister for Energy and have had 12 months of long naps. While the Resources, that he ought to get into his government has been sleeping on the job, while it has chauffeur-driven car and go down to the valley. He been dreaming of the glory of government, Victorians should stop bleating about it and actually do something; have experienced a nightmare of inaction — a he should take some action to support new industries in nightmare in our transport system, a nightmare on our that area. He ought to visit Monash University’s roads, a nightmare over our vital economic Gippsland campus and give it a hand in funding its infrastructure, which needs to be developed, a Centre for Sustainable Technologies, which is nightmare in our hospitals and a nightmare in our necessary to establish new jobs in clean energy, clean schools. Those opposite came into government food manufacture and clean power production. The promising a lot, and now they blame the former valley is perfectly suited to develop these industries, but government for their economic woes. it just needs a bit of help from the government, rather than this bleating, carping criticism. The truth of it is the financial crisis they find themselves in is a direct result of this government It is absolutely clear that one year in there is virtually talking down the Victorian economy at a time when it nothing in Victoria that this government can praise in needed to be supported. It is a direct result of unfunded terms of its actions. It came here saying, ‘We will fix or poorly funded election promises which have blown the problems’. It promised that a lot of good work out the budget and gone through the ceiling, and they would be done. What has happened? Zip, zero, zilch. are having to slash funds to schools and hospitals in Things are going backwards in this state. It is not just order to pay for it. When it comes down to it, not only because we have a lazy Premier; we also have an is the government slashing funds to pay for its incompetent government. Have a look at it; 12 months unfunded election promises, we are yet to witness any on, what have we got? Confidence in the police has STATEMENTS ON REPORTS

Wednesday, 23 November 2011 ASSEMBLY PROOF 31 action or see any evidence that it has the ability to drag of teachers in this state that they would be the highest us out from under the problems it has created. paid. That was jettisoned. Now the offer is 2.5 per cent. Pretty soon Victorian teachers will be the lowest paid There is no better example of that than in education. Let teachers in the country. That will be the legacy, but that us have a look at what happened in education. The was not the promise the minister gave. Undoubtedly Labor government had a plan to rebuild the entire teachers in my electorate and right around the state school infrastructure of this state. We saw our TAFEs know the absolute dishonesty of this government when grow in training numbers. We had surety of provision. it comes to education, and they will remember that at We were rapidly improving the quality of education for the ballot box next time round. the 21st century. That has now gone.

Ms Ryall interjected. STATEMENTS ON REPORTS Mr HERBERT — The member for Mitcham says Public Accounts and Estimates Committee: money. Money is important, because $481 million has budget estimates 2011–12 (part 1) been slashed from the education budget. The truth of it is, and every political commentator would know this, Mr NOONAN (Williamstown) — I rise to make that education was Labor’s no. 1 priority; we invested some comments in relation to part 1 of the Public in it strongly. But as the member for Melton often says, Accounts and Estimates Committee report on the when you have a Liberal-Nationals government, 2011–12 budget estimates, which was tabled back in education goes out the window. This government does June. The aspect of the report that I want to speak to not have a commitment to education, and it certainly relates to the children and early childhood development does not have a commitment to public education. It is portfolio and specifically to the area of education. public education that is bearing the brunt of the slashes in funding by this government. Blind Freddy can see During the estimates hearing Labor committee what is happening in our schools. members asked a number of questions in relation to budget savings for that portfolio and specifically went If you want some detail, it is worth having a bit of a to the impact or potential impact on front-line look at what has happened to our schools and TAFEs educational services. During the course of that hearing over the last 12 months. We have seen $481 million the Minister for Education revealed that the government ripped out of our schools and the education budget, and would deliver savings of around $480 million over the we have not yet seen all the cuts. There are still a lot of next four years in the education budget. The budget cuts to go. We have seen capital works halved in this also revealed that the Baillieu government had slashed state, and the rebuilding program for our schools has funding for school upgrades to the extent that not one come to a grinding halt. We have seen $250 million existing primary or secondary school across the entire slashed from TAFEs, TAFEs that are needed to provide length and breadth of the western suburbs of Melbourne the skills for our economy in the future. received funding for upgrade works. Worse still, not one of the existing schools listed for future funding on Forty-eight million dollars has been slashed from the pages 27 and 28 of budget paper 3 is located in the Victorian certificate of applied learning, and everyone Williamstown electorate. That stands in stark contrast on this side of the chamber knows how that is hurting to the more than $50 million Labor delivered to students and young people who want to have a bit of a improve local schools in the Williamstown electorate go at a vocational career and take up a trade. We have during its time in government. seen apprentice fees skyrocket by $200 per year and we have seen the apprenticeship completion bonus for Let me come back to the issue of the Baillieu apprentices — a vital measure to keep these young government’s budget savings of $480 million. The people in their trade and able to finish off, particularly education minister was asked by Martin Pakula, a given the low income they often earn as apprentices due member for Western Metropolitan Region in the other to their age — go out the window. No-one cares about place, whether the Baillieu government cuts would it; certainly not the government. impact on front-line services. In fact Mr Pakula pursued this line of questioning with the education minister, We have seen the abandonment of the core promise to along with other Labor members, for almost the entire teachers. Remember the promise? ‘Victorian teachers length of that hearing. In his answer the minister very will be the highest paid in the country’; it was a core clearly stated that funding for front-line services ‘will promise. The Minister responsible for the Teaching not be affected in any way’. The minister went on to Profession went out there and told the tens of thousands explain: STATEMENTS ON REPORTS

32 ASSEMBLY PROOF Wednesday, 23 November 2011

That is the money by which the schools deliver all the Let me be clear about why I support the VCAL services, the curriculum, the materials, the maintenance and program. Last year the Western Melbourne Regional all those sorts of things … Development Australia Committee reported that These statements are now unbelievable and call into year 12 completion rates in the western region of question the minister’s integrity, for it was not that long Melbourne were up to 40 per cent lower compared to after the budget that the opposition discovered that the eastern suburbs of Melbourne. It also reported that there would be massive and long-lasting cuts to the unemployment levels among people in Melbourne’s Victorian certificate of applied learning coordination west were higher — — funding. These cuts were made without any notice or consultation whatsoever with schools. In the western The DEPUTY SPEAKER — Order! The suburbs of Melbourne, where year 12 completion rates member’s time has expired. are up to 40 per cent lower than in the eastern suburbs, Public Accounts and Estimates Committee: VCAL, a Labor initiative, has been critical in driving up completion rates. In fact at Bayside College’s budget estimates 2011–12 (part 3) Newport campus, year 11 and year 12 completion rates Mr MORRIS (Mornington) — I also take this using VCAL credits soared from just over 60 per cent opportunity to refer to a report from the Public in 2006 to more than 85 per cent by 2010. Accounts and Estimates Committee, but a rather more recent one — that is, the report on the budget estimates, 12:20 This figure points to increasing retention rates and, most pleasingly, increasing year 12 completion rates. I part 3. Parts 1, 2 and 3 provide feedback to the should also report that Bayside P–12 College recently Parliament on the budget estimates process of celebrated the successful completion of VCAL by interrogation of ministers, which is always polite of Miriam Holmes, the first student with Down syndrome course, and hopefully provide a broad background and to ever complete the VCAL program at Bayside. That understanding of the matters that relate to the budget. I is a truly wonderful accomplishment by both Miriam have previously spoken about chapter 8 of the report, and the college. Bayside college now faces an annual which relates to commonwealth-state relations, to the cut of more than $60 000 to its VCAL coordination significant proportion of the state’s income that we now funding. This is absolutely disgraceful. receive from the commonwealth and to the very real risk that the state may become simply a service delivery The DEPUTY SPEAKER — Order! Is this arm of the commonwealth. Obviously we need to avoid included in the committee report? that at all costs.

Mr NOONAN — Absolutely. It goes to the cuts to Today I want to speak particularly about the key front-line services, which I will get to. Similarly aspects of the budget that are identified in chapter 2 of Williamstown High School will face an annual cut of the report. It states at page 9: $38 000 to VCAL. The school wrote a letter to the … the government has highlighted the challenge of minister, which it copied to me. It is dated maintaining the sustainability of Victoria’s financial standing. 10 November 2011 and states: Without financial sustainability almost nothing else Obviously, it is extremely difficult to cut $38 000 from our matters. If you do not have the dollars, you cannot pay tight budget. We will have to look at a reduction in our literacy and numeracy support/coaching program, VCE the wages, you cannot provide the services and you subject offerings and the loss of other support structures in the cannot build the infrastructure. You may as well not be school. WHS — here. Financial sustainability is of critical importance, and it has been eroding for the past decade. We now that is, Williamstown High School — need to take stock and deal with that. Interim measures has seen a steady improvement in VCE and NAPLAN results are identified in the budget, and they are to be in recent years, however if forced to divert funds to our supplemented by the formulation of a longer term VCAL program, this trend will be jeopardised. strategic plan, which will be published either in the lead-up to next year’s budget or as part of the budget I ask the minister whether he considers the possible process itself. reduction of VCE subject offerings at Williamstown High School, which may be brought on by funding cuts The delivery of election commitments is a particular to VCAL — part of his contribution to the budget feature of this year’s budget. Funding is allocated estimates — to be consistent with his commitment and across the forward estimates up to 2014–15, with the statements he made during the budget estimates output commitments totalling $4.4 billion, which will hearings. provide for the vast majority of the government’s STATEMENTS ON REPORTS

Wednesday, 23 November 2011 ASSEMBLY PROOF 33 election commitments in output areas. There is member should not be talking on a report from the last $1.1 billion for asset commitments, which provides for Parliament. almost half of the asset election commitments. The government has also committed to fully fund remaining Public Accounts and Estimates Committee: commitments during this term of government. budget estimates 2011–12 (part 3) Efficiency savings targets total $2.2 billion, and I will come back to that subject in a second. Totally beyond Mr McCURDY (Murray Valley) — I am delighted anyone’s control is the impact of the floods that to speak on the Public Accounts and Estimates happened in the early part of this year, and recovery Committee budget estimates report, part 3. I take costs for the state are expected to total some pleasure in making this contribution. Today I would $676 million. With $115 million to be recovered from like to talk primarily about the response to the major insurance, there is a net amount of $561 million. There flooding that happened in northern Victoria earlier this is a $6.1 billion investment in infrastructure plus an year — and some of us have already forgotten that it average of $4.6 billion per year for the remaining three happened this year. How quickly things change. There years of the forward estimates. is a fair bit about this on page 23 of the budget estimates report, part 3. In the time remaining I will quickly run through the savings initiatives identified on page 21 of the report. Victoria is constantly challenged by Mother Nature. There are savings of $33.5 million through reduction of Over the last 10 years we have seen prolific droughts ministerial staff, $85.8 million on media and marketing and, as we all know, as night follows day floods then positions, $185 million on consultants, $255 million on come. That is what happens on many occasions after government advertising, $1 million on opinion polling, long periods of drought. I am always amazed by the almost $70 million on external legal advice, $33 million resilience shown by Victorians, especially rural and on office floor space, $722 million on supplies and regional Victorians, and their never-say-die attitude to consumables, $50 million through the promotion of protecting property and rebuilding, whether after shared services, and $131 million by capping head bushfires, floods or whatever it may be. Victorians are office expenses. The total comes to almost $1.6 billion. very resilient, and I respect that fact. People in many The bottom line is that for the past decade the costs of northern Victorian towns and on farms are still cleaning government have risen at a far greater rate than the up after the floods or are yet to rebuild and restore the revenue that is available. Today we find ourselves in an buildings and infrastructure that was damaged during environment in which revenue remains sluggish at best the floods earlier this year. and is likely to remain so for some time. If we do not The report highlights that over 20 per cent of the state confront the cost pressures, we will simply not be able was flooded, which impacted on some 83 towns. In the to maintain the services and provide the infrastructure part 3 report the Treasurer is quoted as saying: required for ordinary Victorians. The gross cost of responding to flood damage is being Drugs and Crime Prevention Committee: assessed, and will be fully outlined by the government in the people trafficking for sex work lead-up to the 2011–12 budget. The costs will include repairs to roads, hospitals, levees, a range of community Ms BEATTIE (Yuroke) — I would like to make a infrastructure and natural assets on public land. few remarks on the report of the June 2010 inquiry into Some of these funds will be recovered through insurance, as 12:30 people trafficking for sex work. I am pleased to see that well as through the National Disaster Relief and Recovery other members of the Drugs and Crime Prevention Arrangements. However, there will be a significant net Committee are in the house. Both the member for contribution from the Victorian government, which is committed to ensuring that those local communities affected Mornington and I made contributions to the debate on are assisted through asset repair and ongoing strategies to the Sex Work and Other Acts Amendment Bill 2011 retain their economic independence. when it came before the house. I said during my contribution on that bill that I was disappointed — — I looked at some of the needs of local councils throughout this period. It was suggested that in terms of The DEPUTY SPEAKER — Order! Which report cash flow it was a poor time for them to make the is the member speaking on? changes, repair the necessary infrastructure and then wait for the money to flow back to them. This Ms BEATTIE — The June 2010 report. government decided to support the local councils by making sure that they received payment for 50 per cent The DEPUTY SPEAKER — Order! That is from of the original quote up front. Then, as the bills came in the last Parliament. The Clerk has advised me that the and the account was clarified, they would pay the STATEMENTS ON REPORTS

34 ASSEMBLY PROOF Wednesday, 23 November 2011 balance. We were responding to the needs of local amongst the finest in the world. However, it is the government, and we are very pleased to have done that. responsibility of governments to ensure that access to education and health care is never compromised. Every It is certainly not just the individuals and our small rural child has the right to an education that will prepare communities that pay the high price; it is all Victorians them for a career and a lifetime of learning. Research who pay this cost imperative. We forget that the floods and innovation in education delivery continues to occurred just recently, back in February. There are improve. We know that there is no one-size-fits-all times when we would all like to see more infrastructure model for education; we must understand the differing being built throughout our state, but first and foremost learning styles and aspirations of each person. The we have been repairing a lot of infrastructure that was pathway of the Victorian certificate of education (VCE) damaged during that period. It is always important to and tertiary education is not suited to everyone. In get people back on track before we get around to being recognition of this fact, Labor established the Victorian able to build new infrastructure. It is not all about the certificate of applied learning, VCAL. This immensely new; it is sometimes about repairing and maintaining successful program provides a hands-on alternative what we have. As we invest back into our people and learning approach to the VCE. VCAL provides a communities we are using funds that could otherwise tangible pathway into careers for young people who have been used elsewhere. might otherwise leave school.

The report highlights that 11 state departments were However, in spite of the overwhelming success of this allocated funds. Without going through all the different outstanding Labor initiative, the coalition government departments again, I just want to touch on the funds that has cut $12 million per year from this vital program. As were distributed. To give an example, the Department a result, 70 per cent of registered VCAL providers will of Transport received $121.5 million to repair flood lose their program coordinators and 20 000 Victorian damage to arterial roads. The Department of students will be disadvantaged. The argument offered Sustainability and Environment received various by the government, that this program is now embedded moneys, including amounts of $60 million and and no longer requires coordinators, is contrary to the $34 million. But all that money needs to be accounted experience and concerns of VCAL providers across for, and it needs to be distributed in a timely manner. Victoria. These are resources that we have allocated for those departments to make sure that it is a transparent process The DEPUTY SPEAKER — Order! This was part and that the people in our communities are well looked of the report? after. The commonwealth government also made significant contributions, but as I say, there is always Mr McGUIRE — Yes. This cut is misdirected and room for more, and we have looked after those inappropriate, and it directly impacts on schools and communities quite well. young people in Broadmeadows. I have received an overwhelming response from concerned constituents In summary, I would like to say that this report reminds who cannot believe this government could be us that those floods occurred less than 12 months ago. It insensitive to the realities they confront every day of has been a cost to our community and a cost to their lives. Broadmeadows has an unemployment rate Treasury as well, and I commend this report to the three times above the state and national average. Youth house. unemployment is currently at 40 per cent, and Broadmeadows has the lowest uptake of tertiary Public Accounts and Estimates Committee: education in Victoria. budget estimates 2011–12 (part 2) This cut directly targets vulnerable people in vulnerable Mr McGUIRE (Broadmeadows) — I rise to areas at a vulnerable time. Not only does VCAL offer a comment on part 2 of the Public Accounts and pathway to employment, but most critically it keeps Estimates Committee report on the 2011–12 budget young people engaged in learning when they could estimates, which was tabled in June. The report shows otherwise be lost, becoming disengaged and that education and early childhood development is one disaffected. These are the concerns that were raised of two government areas to receive an investment of directly with me by staff and students at the Hume above $10 billion. The other is health. These are two Valley School in my electorate, when I recently critical areas of government responsibility. attended a sod-turning ceremony with the Minister for Education. Without the funding for VCAL We are fortunate, as Victorians and as Australians, to coordinators, the entire VCAL program at the Hume have education and health-care systems that are STATEMENTS ON REPORTS

Wednesday, 23 November 2011 ASSEMBLY PROOF 35

Valley School, along with many other schools in Public Accounts and Estimates Committee: Broadmeadows — — budget estimates 2011–12 (part 3)

Mr Delahunty — I am not sure that this has Mr ANGUS (Forest Hill) — I am pleased to rise relevance to the report that was tabled, and I do not today to speak on the Public Accounts and Estimates believe it discussed in detail the VCAL program. I just Committee (PAEC) report on the 2011-12 budget remind the member that if we had not had a $1.4 billion estimates, part 3. The report provides a detailed analysis overrun in the ICT projects we would have been able to relating to the 2011-12 budget estimates and forward fund a lot of these things. estimates and includes a large number of recommendations. The analysis is based on a range of The DEPUTY SPEAKER — Order! That is not a material, including the budget papers, the hearings that point of order. I have asked the member for were held in May, departmental responses to Broadmeadows if it is in the report, and he assured me questionnaires the committee has sent out, ministers’ it is. I have not read the report. responses to questions on notice and requests for further Mr McGUIRE — I am looking to make a detail, and any other relevant material. A lot of bipartisan point on how this works. We have this background work has gone into this, and it is a handy proposition, that is now critical in my electorate and reference document on the state budget for all everywhere else, that there has been a $60 million members. investment to help schools. The Minister for Education I note that it has taken almost six months of work is an educationalist, and we have spoken directly on investigating and analysing budget estimates to produce how to improve the system — — this document. In the report the committee makes The DEPUTY SPEAKER — Order! I believe the 90 recommendations designed to enhance government member may be straying away from the report now. reporting in the future. As I have said before in this place, that is what we on this side are on about. PAEC Mr McGUIRE — I will bring it back to the report, has embraced that approach of improving reporting to but I do think, in a bipartisan way, that this is a critical Parliament so that all members of Parliament and all point. I am prefacing that. This is a fundamental role in members of the public can clearly access, read and operating successful programs, and it is work that determine the financial, forward estimates and budget cannot be assumed by other staff who are already position of the state of Victoria. The document is very overworked and underpaid. The coalition plans to clear. Particularly given that this is the first budget of further burden hardworking teachers by slashing the new Baillieu government, it is an appropriate time funding, jeopardising programs and placing the futures for PAEC to lift the bar and bring in new requirements of vulnerable students under threat. This cut is too for reporting and an extensive consideration of the important for petty politics, and it must never get budget process and accountability mechanisms. This beyond being a mere oversight. I call on the has resulted in an increase in the transparency and government to reverse its decision and reinstate the accountability of the budget, and that is something funding to VCAL. It is not just the right thing to do, it members of this place should be pleased about. For the would be upholding the responsibility of government. first time the report includes an overall analysis of the VCAL is critical in keeping young people engaged with new output initiatives released in the budget. That will the education system and preparing them for life-long help all members see where the money is going, what it learning. is being used for, and how that fits into the overall picture. 12:37 It is the great tragedy of the school system that too many young people drop out feeling that school is not I will now refer to the structure of the report. It contains for them. VCAL has been incredibly successful in a number of chapters, and I want to highlight some of reversing this trend. It provides skills and a pathway to them. Chapter 3 is basically a review of the budget work, restores faith in education in young people and papers, and it especially highlights changes that have will inevitably deliver better productivity, which is occurred between the 2010–11 and 2011–12 budgets; something we are all supporting. If this cut is allowed chapters 4 and 5 explore the output and asset initiatives to stand the coalition government, barely a year old, released in the 2011–12 budget; chapters 6 and 7 will have cheated these students and teachers. analyse the trends in revenue and expenditure; chapter 8 examines commonwealth-state relations and The DEPUTY SPEAKER — Order! The the impact of these on the budget and the government member’s time has expired. in 2011-12; and they go on. TRANSPORT LEGISLATION AMENDMENT (MARINE SAFETY AND OTHER AMENDMENTS) BILL 2011

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I particularly want to refer to chapter 8 and in particular speak. It takes a lot to attract new air services to page 207. I will quote from the report because this Melbourne. It is not just a matter of saying to another section deals with the GST grants in 2011–12. For the country, ‘Well, we’ve got an airport and there are a Victorian budget this was an important and dramatic couple of runways; please land a plane load of tourists situation. What the Victorian people ended up with here’. You have to have an attractive package, but you was: also have to have an entire team working on the plans, the seating, the landing rights, the facilities for when … the 2011–12 budget estimate for the GST grants in people here and the quarantine arrangements. It takes a 2011–12 is $811 million less than what was expected at the time of the 2010–11 Budget Update. lot of work to get another international airline to come to Melbourne. It goes on further to state: Recently we saw the success of the former Victorian Based on the 2011–12 figures, the government estimates that government in getting Air India to come to Melbourne. Victoria will receive $4.1 billion less between 2010–11 and There was quite a frantic bidding war between 2014–15 than had been expected at the time of the 2010–11 Budget Update. Melbourne, Sydney and indeed Queensland. Everybody wants to get in on the market, so to speak. On the That refers to the GST grants from the commonwealth. weekend I was particularly disturbed to read that the What a dreadful position the Department of Treasury new Liberal government in New South Wales is going and Finance and the Treasurer have had to deal with, after Air India and its route arriving in Sydney instead with the slashing by the federal government of the GST of Melbourne, because this could cost our tourist entitlement of this state. That has clearly had an impact, industry dearly. It could cost not only our tourism and that is well addressed in the part 3 report. Those industry dearly but also the surrounding package that is who want to delve into that can clearly see from the so important to Victoria — the jobs that surround the report how that has been dealt with by the Treasurer. airport. It is also packaged up with international The recommendations contained in the report will result students. I urge the government to put more work into in improved reporting to all members here. I thank the attracting international air services and to go to Air staff, and I commend the report to members. India. I know the Minister for Tourism and Major Events led a large delegation to India — I understand it The DEPUTY SPEAKER — Order! The was the biggest ever — but it does not seem to have member’s time has expired. nailed down Melbourne for that international route. I urge the minister to put more work into it. I have a large Public Accounts and Estimates Committee: Indian community in my electorate, and the largest Sikh budget estimates 2011–12 (part 1) temple in the Southern Hemisphere is in my area, so it all fits nicely. I urge the minister to put more work into Ms BEATTIE (Yuroke) (By leave) — I thank the that area. minister at the table, the Minister for Sport and Recreation, for his indulgence. This is take two. I would 12:47 like to comment on the report on the 2011–12 budget TRANSPORT LEGISLATION estimates, part 1. I would particularly like to address my AMENDMENT (MARINE SAFETY AND remarks to chapter 3.10 on the tourism and major OTHER AMENDMENTS) BILL 2011 events portfolio. From the contribution by the Minister for Tourism and Major Events on the matter of public Second reading importance we heard how important tourism is to the state of Victoria. Being the member who represents the Debate resumed from 22 November; motion of important and only international airport in Victoria, Dr NAPTHINE (Minister for Ports). Melbourne Airport, I cannot help but agree with the minister on how important the tourism industry is to Mrs BAUER (Carrum) — I am pleased to continue Victoria. my contribution to this debate on the Transport Legislation Amendment (Marine Safety and Other There were three key matters raised at the budget Amendments) Bill 2011. Earlier I spoke of the great estimates hearing: contractual arrangements and the assets of our waterways and Port Phillip Bay, which are future direction of the grand prix; attracting additional heavily populated with recreational and commercially international air services to Melbourne; and facilitating operated boats. Ninety-nine per cent of the boating new tourism investment in regional Victoria. It is community does the right thing. This bill addresses the particularly to the second point — attracting additional small minority who flout the law. international air services to Melbourne — that I want to TRANSPORT LEGISLATION AMENDMENT (MARINE SAFETY AND OTHER AMENDMENTS) BILL 2011

Wednesday, 23 November 2011 ASSEMBLY PROOF 37

Between 2006 and 2010 there were, on average, five endanger whales, dolphins and other marine life will recreational vehicle fatalities per year in Victoria, this also face penalties. Incidents of marine animals being being a reduction on previous years. However, the injured or killed at the hands of reckless and callous Department of Transport reported in August this year people is an unfortunate reality. The Dolphin Research an upward trend in the number of incidents and injuries Institute estimates that there are approximately in the recreational sector. In particular hospital-treated 120 bottlenose dolphins in Port Phillip Bay, and there injuries associated with recreational boating have are close to six prosecutions each year of people who doubled over the period from 2003–04 to 2009–10, so it harass marine animals. To deter and prevent such is of great importance that we continue to improve accidents we need to demonstrate through our Victoria’s marine safety. legislation that deliberately injuring or tormenting wildlife is a serious crime. This bill reinforces that I commend the Minister for Ports on his focus and message by extending the hoon boating scheme so that promotion of marine safety through the various the legislation will also apply to those who actively adjustments to current legislation that this bill will pursue or hunt our protected marine life. introduce. In particular I bring the house’s attention to clause 21 of the bill, which extends the Marine Safety In relation to the process for the issuing and renewal of Act 2010 to not just those who personally operate a marine licences and certificates, the adjustments to the vessel in a dangerous manner but those who allow or Marine Safety Act 2010 will facilitate a smoother cause a vessel to be operated in a dangerous manner. process. I have heard stories of frustration and This expands the Marine Safety Act 2010 in relation to confusion from boat owners struggling with a complex the category of hoons, who face penalties of up to licensing and certification system, particularly those 240 penalty units or a maximum of two years who are seeking to purchase a vessel and are therefore imprisonment. not the current owner of that vessel. Clause 13 of this bill amends section 64(1) of the Marine Safety Act In 2003 to 2007 Monash University undertook a study 2010 so that people other than the owner of the vessel that found that human factors were the cause of 60 per can apply for a safe construction certificate. This cent of serious marine incidents. In 2007, users of adjustment, as well as many others, will have an power watercraft, though only making up 4.5 per cent immediate positive impact for my constituents. The bill of recreational licence-holders, made up 16 per cent of also makes a significant change to the Marine Safety hospitalisations from recreation vessel incidents. It is Act 2010 so that operators of hire and drive vessels are essential that we send a loud and clear message that treated the same as operators of recreational vessels. those who play in our bay must do so safely or face the consequences. If we are to maintain safe waterways, it This bill will also modify sections of the Marine Safety is essential that we crack down on the preventable Act 2010 to address the longstanding frustration that human element of these serious marine accidents — the holders of interstate or international licences, hoon behaviour element. This bill will extend the hoon certificates or permits have experienced when seeking scheme to allow those protecting our waterways to deal to operate vessels in Victorian waters. Their with the small yet significant hoon element on our qualifications can now be recognised if those waterways. certificates were granted by a society recognised by the Australian Maritime Safety Authority. This bill also Once again we see that the Baillieu government is makes changes to the current Marine Act 1988 so that it serious about reducing hoon behaviour, be it on our is patently clear that cost recovery can be sought from roads or our waterways. This law sends a clear the owner of the vessel for the clean-up or prevention of message: reckless behaviour on our waterways will not marine pollution. be tolerated. This brings me to commend the integration of marine infringement notices into the transport safety The Marine Safety Act 2010 had the right intentions; infringement notice process. This will provide a more however, the devil is in the detail, as we have regularly cohesive, consistent and efficient way of dealing with discovered with bills that were rushed through by the those who offend, be it on our buses, rail or waterways. previous government in its last year of office. This bill rectifies a number of oversights and technical issues Until now dangerous boaters or power watercraft and further reinforces that the Baillieu coalition operators could only be fined for reckless behaviour government recognises the significance of our around swimmers and other boat users. This bill also waterways and bays for Victorians. With this, the bills takes an important step forward in relation to the seeks to further protect those who participate in marine protection of our marine wildlife and holding people activities by improving current legislation to make it responsible for their crimes. This means that those who QUESTIONS WITHOUT NOTICE

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stronger, clearer and more enforceable. For these be aware that in 2009 the Brumby government reasons I commend the bill to the house. introduced into the Marine Act 1988 a scheme to combat hoon boating and antisocial behaviour on Mr WYNNE (Richmond) — I rise to make a Victoria’s waterways. Under that regime marine hoon contribution to the Transport Legislation Amendment behaviour was limited to dangerous behaviour. The (Marine Safety and Other Amendments) Bill 2011, and 2009 scheme made available to water police and certain in doing so I declare unequivocally that I have a authorised officers sanctions including the ability to conflict of interest. There is no doubt about that; I am a order a person off the water for up to 24 hours and to very keen boatperson and, along with my two sons, a prohibit the use of vessels for up to 48 hours. very unsuccessful fisherman, but I assure you, Deputy Speaker, that we are extremely well equipped for the I refer to those of us who use the bay, and in this task. It is a great sport, and relaxing activity. To have context I acknowledge the member for Prahran. Port Phillip Bay available to us and accessible from so Usually he and I have a spirited discourse across the many points around it is really one of the great delights chamber. He also has quite extensive experience on the about being a Melburnian. water. That was in a previous life and was in a commercial capacity up and down the Yarra River. At 12:55 Certainly I and my two boys have enjoyed many a good some time in the future he may show some generosity afternoon out on Port Phillip Bay chasing — sometimes and may well return to that. successfully, but mostly unsuccessfully — snapper and so forth. The bay is extraordinarily busy, with the biggest container port in the country. The Yarra River also is I acknowledge that the bay is one of the richest marine extremely busy, with ferries and other commercial environments in this country. In many respects the boats. They also run up and down the Maribyrnong diversity of marine life in our bay rivals that of the River, and some come across to Williamstown. When northern coast of Queensland. That is so also for our the weather permits in the area, we also have planes rivers, including the Yarra and the Maribyrnong rivers. that land on the water. It is a quite busy environment in The number of people who dive in and recreate on the which to be operating a boat. bay is growing year by year. With some pride I report to the house that at 15 my younger son got himself an Sitting suspended 1.00 p.m. until 2.02 p.m. 14:00 open water diving licence. He is probably one of the youngest people in the state to manage to get that Business interrupted pursuant to standing orders. licence, and he is a pretty active diver off boats on the bay. It is a wonderful experience to be on the bay, and it is one that I strongly recommend to people. Our bay is QUESTIONS WITHOUT NOTICE one of the untold stories. It is a beautiful marine Minister for Environment and Climate environment, and as you, Deputy Speaker, would expect me to say, I consider it second to none in this Change: register of interests country. Mr ANDREWS (Leader of the Opposition) — My As members will be aware if they have read my question is to the Minister for Environment and Climate pecuniary interest form, I am a member of the Change. Given the announcement by the minister that Williamstown Sailing Club, which is a beautiful he will be selling his shares in Silex Systems and his community club down on the bay. I acknowledge one acknowledgement of a conflict of interest, I ask again, of the great community members of the Williamstown very clearly, did the minister leave the cabinet room club, Bill Pride. He is a wonderful man who was when this matter was decided? honoured with an Order of Australia medal for his work Mr R. SMITH (Minister for Environment and with the community at the club, which is where we Climate Change) — First of all, I do not think there has launch our boat from. been an acknowledgement that there has been a conflict Boating is a wonderful activity. I will concentrate on of interest. only the recreational boating aspects of the bill. The bill Honourable members interjecting. amends four acts: the Marine Safety Act 2010, the Marine Act 1988, the Port Management Act 1995 and The SPEAKER — Order! The Leader of the the Transport Integration Act 2010. They cover a range Opposition has asked his question. of other significant matters. I consider the hoon boating aspect to be most important. Members of the house will QUESTIONS WITHOUT NOTICE

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Mr R. SMITH — I made the decision to sell my previous government’s management of ICT. The report shares this morning because I think it is best that we do released today says it all about the previous not have these ongoing, pathetic mud-slinging games government’s incompetence, mismanagement and that the opposition insists on playing when really the waste. I am afraid taxpayers would be simply horrified scrutiny should be on how those opposite lost by this report and its finding that nearly $1.4 billion in $1.4 billion on ICT projects during their term in cost overruns and waste has occurred because of the government. previous government’s incompetence. Under the previous government ICT projects were one big The SPEAKER — Order! A point of order — — systems crash, costing taxpayers dearly.

Mr R. SMITH — That is what we should be Not only were these projects massively over budget, 14:07 worrying about. they were massively over time as well. The inception and delivery of all 10 of the projects examined by the The SPEAKER — Order! I will not tell the minister Ombudsman in conjunction with the Auditor-General again; I told him yesterday. When I say there is a point were the responsibility of the former Labor of order, he will be quiet and go back to his seat. government. Projects that were supposed to cost Mr Hulls — On a point of order, Speaker, the $1.3 billion blew out to at least $2.7 billion, and the minister is clearly debating the question. Victorians are final costs are still to be determined. entitled to know whether or not he has been involved in It is not as if the previous government was not warned. insider trading. We warned it many, many times. We repeatedly raised Mr Hodgett — On the point of order, Speaker, the the community’s concerns about the failure of the member for Niddrie is clearly suffering from premature former Labor government to successfully deliver major interruption. The minister had barely been speaking for ICT projects on time and on budget, including the a minute. I ask you to rule the point of order out of ultranet, myki, the LEAP database and of course order as frivolous and allow the minister to continue to HealthSMART. I just want to touch on the answer the question. HealthSMART project. A report from the Victorian Ombudsman on ICT-enabled projects says it all. Under The SPEAKER — Order! I uphold the point of the heading ‘Poor project planning’, in relation to order. HealthSMART, it lists the following planning issues:

Mr R. SMITH — As I made clear publicly the original milestones were too ambitious yesterday — — DOH — Mr Andrews interjected. the Department of Health —

The SPEAKER — Order! The Leader of the did not have a reliable base for estimating agency expenses Opposition! DOH did not seek to identify whether agencies were able to meet their anticipated contributions Mr R. SMITH — As I made clear yesterday in my public statement, the issue never came to cabinet or to DOH overestimated the standard of technology any cabinet subcommittee that I sit on. infrastructure … the lack of a whole-of-program business case was a key flaw Information and communications technology: in planning the program former government performance due to the absence of a statewide clinical systems business Mr BLACKWOOD (Narracan) — My question is case, health services are having difficulty committing to to the Premier. Can the Premier outline to the house the additional ICT investment. broad impact on Victoria’s economy of the findings in On page 72 the Ombudsman notes: the independent Ombudsman’s investigation into ICT-enabled projects that was tabled today? The original HealthSMART budget was $323 million.

Mr BAILLIEU (Premier) — This morning the Then in paragraph 289 he notes that: Ombudsman’s own-motion investigation into By the end of 2011–12, the HealthSMART program will ICT-enabled projects, which was conducted in have been running for nine years — consultation with the Victorian Auditor-General, was tabled in this house. It is a damning report of the nine years, Speaker! — QUESTIONS WITHOUT NOTICE

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and will only have delivered the clinical application into 4 of Parliament, nothing could be more central to the the 10 planned health services. administration of his portfolio. I would submit, with The Ombudsman notes that with further blow-outs: respect, that his probity, his integrity, his declaration, his share ownership, whether he was in the room or not, This would place the final project cost at around and any profits or equity positions that he has benefited $566 million … from are directly relevant to his portfolio.

The Royal Victorian Eye and Ear Hospital is reported Honourable members interjecting. as the only health service that has fully evaluated the program’s implementation, and it notes that it does not The SPEAKER — Order! The Leader of the perform all the required tasks, it is difficult to use and Opposition has already had one warning. He will get not all parts of the system are operational. This is just another one if he keeps that up. one of 10 projects, but it is a significant project and it has come at a significant cost to all Victorian taxpayers. Honourable members interjecting. The Ombudsman makes it clear that in lieu of money that might otherwise have gone to nurses, teachers and The SPEAKER — Order! The member for Victoria Police — — Footscray is on a warning.

Honourable members interjecting. Mr Baillieu — On a point of order, Speaker, I think it is important to point out that the claim made in the The SPEAKER — Order! I ask the house to come question does not relate to the fact that this grant was to order. determined by the previous government, of which the Leader of the Opposition was a member, and it was Mr BAILLIEU — It is fitting that the Leader of the announced to the Australian stock exchange at the time. Opposition should interject — — Indeed it was the subject of an extensive review, as published in an Auditor-General’s report in April. Mr Andrews interjected. Mr Hulls — On a point of order, Speaker, I find it The SPEAKER — Order! The Leader of the extraordinary that the Premier is defending someone in Opposition is on a warning. relation to share trading, for goodness sake!

Mr BAILLIEU — It is fitting that the Leader of the Honourable members interjecting. Opposition should interject, because that money, which could have gone elsewhere, has gone into this project, The SPEAKER — Order! I ask the Deputy Leader and the minister who was responsible is the current of the Opposition to get to his point of order, without Leader of the Opposition. any preamble.

Minister for Environment and Climate Mr Hulls — Certainly — no preamble, Speaker. Change: register of interests The point of order is quite clearly that the question is relevant. A minister’s public role and their private Mr ANDREWS (Leader of the Opposition) — My interests absolutely go to the heart of the integrity of the question is to the Minister for Environment and Climate minister and this government. That is why the question Change. Given that there was a jump in the share price is relevant. of Silex Systems following the announcement of a $50 million grant from the Baillieu government, I ask: The SPEAKER — Order! I do not believe the what profit did the minister make? question relates to government administration. If the Leader of the Opposition would like to rephrase the The SPEAKER — Order! I am having some question in some way — — concerns. I do not believe the question relates to government business. I ask the Leader of the Mr ANDREWS — On a point of order, Speaker, Opposition to explain to me how it relates to you have made a ruling, and that is fine. I would government business. welcome the opportunity to perhaps rephrase the question, but given that the minister has made an Mr ANDREWS — Given that the minister has been announcement and issued a statement in his capacity as sworn in as the Minister for Environment and Climate the minister in relation to the ownership of these shares, Change, that he has sworn an oath to act without fear, the minister himself has determined that this is a matter favour or affection and that he has made a declaration that is relevant to the administration of his portfolio. I of ownership of these shares under an act of this QUESTIONS WITHOUT NOTICE

Wednesday, 23 November 2011 ASSEMBLY PROOF 41 would ask that you perhaps reconsider the matter. The The SPEAKER — Order! I have ruled on the point minister himself, in his own announcements, as recently of order. The member is just bringing up the same as today, has made statements as a minister and issues that I have already ruled on. answered — or at least pretended to answer — several questions as a minister on this issue. I cannot see how Mr ANDREWS — In deference to your ruling, 14:17 this could possibly not be related to his ministerial Speaker, I direct my question to the Minister for duties and their exercise. Environment and Climate Change, and I refer to the fact that the share price of Silex Systems increased The SPEAKER — Order! I have heard enough on following the announcement of the government that the point of order. I do not believe the question was $50 million would be provided to that company — — relevant to government administration, and I ask the Leader of the Opposition to rephrase his question. An honourable member — Your government!

Ms Allan — On a point of order — — Mr ANDREWS — The current government. And I also refer the minister to his decision today to sell those The SPEAKER — Order! I have ruled on the point same shares, and I ask: if the minister has behaved of order. Is this a new point of order? appropriately at all times, as he claims, and if he has not profited from this decision making, why then has he Ms Allan — On a new point of order, Speaker, determined that he will sell his shares in this company? given that rulings from the Chair obviously have some significant status within the operations of Parliament, The SPEAKER — Order! I do not believe the particularly when it comes to question time, I just seek context of the question has changed considerably; it some clarification from you in terms of your request to relates to a private shareholding. the Leader of the Opposition that the question that he put was not in order. If I can refer you to the Members Mr ANDREWS — On a point of order, Speaker, of Parliament (Register of Interests) Act 1978, which you have the right to make rulings under the standing states — — orders, and I would not question that, but what I would say is that I am genuinely at a loss to understand how it The SPEAKER — Order! I have ruled — — is that the ruling of the Chair, your ruling, can be that the private shareholdings — that is to say, the Ms Allan — The act states that ‘a member who is a shareholdings; there are no public shareholdings in this minister shall ensure that no conflict exists, or appears particular debate — of a minister of the Crown who has to exist, between his public duty and his private sworn an oath and who has made a declaration under an interests’. This issue clearly goes to decisions made by act of this Parliament, particularly when we have a the government. The minister’s register of interests situation where decisions are being made that are or identifies that he has shares in Silex Systems — — could be perceived or be argued to be beneficial to companies in which ministers have shareholdings, are The SPEAKER — Order! not a matter of administration. I cannot understand, Ms Allan — If I can conclude — — Speaker, how you can possibly submit — or how it could be argued even — that that is not a matter of The SPEAKER — Order! I have ruled on the point administration, that that is not a matter that is central to of order. the minister upholding and being faithful to the oath that he has sworn for all Victorians. Nothing is more Ms Allan — But on the new point of order, I am central to the administration of his portfolio than the seeking clarification — — way he acts and his integrity. Speaker, this is an untenable position if it is inappropriate to ask ministers The SPEAKER — Order! I call on the Leader of questions and call ministers to account for their the Opposition to ask his rephrased question. personal conduct, particularly on matters they have already declared under an act of this Parliament. That is Ms Allan — If I can conclude my point of an untenable position. What is more, it is hardly order — — consistent with claims of integrity, openness and The SPEAKER — Order! I have ruled on the accountability. member’s point of order. Dr Napthine — On the point of order, Speaker, I Ms Allan — You have not let me conclude my point think the issue here is that the question asked in the of order, Speaker. rephrasing of the question is exactly the same as the QUESTIONS WITHOUT NOTICE

42 ASSEMBLY PROOF Wednesday, 23 November 2011 first question the Leader of the Opposition put to the issue of clarification. We have got several questions to minister at the start of question time. There is precedent ask. over many years on the matter of asking the same question twice. The member is asking the same Honourable members interjecting. question that he asked in the very first question in question time today. That is the point. Mr Andrews — That’s what he said.

Mr Hulls — On the point of order, Speaker, the The SPEAKER — Order! I have ruled on this point question, it is true, is about private interests and private of order. I do not believe the question first asked, or shareholdings. That seems to be concerning you rephrased, relates to government administration. somewhat, Speaker, but I refer you to the Members of Irrigation: on-farm infrastructure Parliament (Register of Interests) Act 1978, which makes it quite clear that it would indeed be breaching Mr CRISP (Mildura) — My question is to the the law if a member who is a minister had a conflict. A Minister for Water. Can the minister update the house minister has to ensure that no conflict exists or appears on the on-farm irrigation efficiency projects in northern to exist between their public duty and their private Victoria, and is he aware of any threats to these interests, and that includes private shareholdings. projects?

Further to that, there have been questions about what Mr WALSH (Minister for Water) — I thank the happened in cabinet, and as the Speaker would know, member for Mildura for his question. The Victorian there have been Speakers’ rulings on where questions coalition government has always believed upgrading can be asked about that process. What the question irrigation infrastructure in northern Victoria is a vital clearly asks is for the minister to be open and frank in task for the survival of those communities and the relation to his private shareholdings. As a minister of irrigation industries that support them. It is well the Crown he has a public duty, and there should be no documented, both in the house and in the media, that conflict between that public duty and his private we have held concerns about how these projects in interests. If there were, he would be breaking the law. northern Victoria are being run. One of the key Victorians are entitled to have this question answered to elements of those irrigation infrastructure upgrades is ascertain whether a minister of the Crown has broken the commonwealth government’s on-farm irrigation the law and profited from his own decision making or efficiency program. Funding for these projects provides the decision making of his government, because people for on-farm work so that farmers can be more efficient in other states have gone to jail for this type of thing. in their irrigation management. Victorians are entitled to know whether or not this minister has profited from his — — On 7 July this year the Gillard government announced 14:25 $150 million of in-principle funding for nine projects Mr Burgess — On the point of order, Speaker, it from round 2 of this program. Five of those projects are might be unfortunate for the member for Niddrie, but in Victoria. Four of them are either industry-driven or he is actually arguing on a point of order you have catchment management authorities, but one of these already ruled on, on the first question. What we are projects involves a grant of $32 million to a company talking about now is the second and rephrased question, called Irrigation Efficiency Partners Pty Ltd. In July this which is in identical terms — different words but year the Age revealed that among the shareholders of identical terms — to the first question and therefore Irrigation Efficiency Partners was Sustainable Soils and should be ruled out of order on the basis that it has Farms, a company chaired by former Labor MP Neil already been asked. O’Keefe. Neil O’Keefe was also appointed by the previous Labor government as the Victorian director for The SPEAKER — Order! My ruling on this stands. Water for Rivers. I do not believe the question raised relates to government administration. Following the article, I wrote to Mr O’Keefe to ask him to clarify whether there was a conflict of interest Mr Andrews — On a point of clarification, between his role with Irrigation Efficiency Partners, his Speaker, I seek clarification from you, just to be clear, position as chair of Sustainable Farms and Soils and his given points that have been made by other members. appointment as the Victorian director of Water for You have not made a ruling in relation to whether the Rivers. Mr O’Keefe responded, assuring me there was question was appropriately rephrased. That is not the no conflict of interest, but that particular elements of the subject of your ruling. Your ruling is that these issues of media had a vendetta against him. It has now been share ownership are private issues — this is a genuine revealed that on — — QUESTIONS WITHOUT NOTICE

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Honourable members interjecting. The SPEAKER — Order! I call on the minister to come back and answer the question. The SPEAKER — Order! I ask the house to come to order. I want to hear the answer from the Minister for Mr WALSH — The question from the member for Water. Mildura was about threats to the delivery of the on-farm irrigation infrastructure projects in northern Victoria. Mr WALSH — It has now been revealed that on The threat to those projects is the fact that $32 million 7 June last year the former Minister for Water signed an was allocated to a private company owned by three exemption to the 4 per cent cap allowing Sustainable former Labor MPs and they had an exemption enabling Soils and Farms to sell water outside the cap. The them to sell to the commonwealth water when ordinary exemption was made almost a year after the Age first mum and dad farmers did not have that opportunity. raised the possibility that three Labor MPs, including Mr O’Keefe, were buying properties with inside Minister for Environment and Climate knowledge. The granting of this exemption — the only Change: register of interests ever made to a single company — raises serious issues. The sale of this water, which amounted to 3 gigalitres, Mr ANDREWS (Leader of the Opposition) — My earnt Sustainable Soils and Farms $7 million. This was question is to the Minister for Environment and Climate at a time when ordinary farmers, struggling with the Change, and I ask this question — — consequences of drought — ordinary mum and dad farmers — could not sell their water because of the Mr Wynne interjected. 4 per cent cap on trade. The SPEAKER — Order! The member for The member for Lyndhurst has denied knowing who he Richmond is on his second warning. signed this exemption for. Mr ANDREWS — My question is to the Minister Ms Allan — On a point of order, Speaker, I put it to for Environment and Climate Change, and I ask this you that the member is debating the question, question in connection with his ministerial particularly given that you have already ruled out of responsibilities, his declared shareholdings and his order questions relating to shareholdings and interests statements and answers in this place as a minister. Did of ministers of the Crown. Therefore, this rather crude the minister or anyone on his behalf trade in Silex attempt at a smack at the Labor Party by the Minister Systems shares in the time from when he first became for Water is nothing more than that, and I would ask aware of the government’s grant of $50 million to that that you bring him back to reporting to the house on the company and that company’s announcement to the facts rather than trading in hypotheticals, as the minister Australian Stock Exchange? is doing. Mr R. SMITH (Minister for Environment and The SPEAKER — Order! I do not uphold the point Climate Change) — No. of order. Justice: integrated courts management system Mr WALSH — The member for Lyndhurst denied knowing who he signed the exemption for. The three Mr GIDLEY (Mount Waverley) — My question is people involved were former Labor MPs Neil O’Keefe, to the Attorney-General. Can the Attorney-General Bob Sercombe and Gavan O’Connor. That exemption advise the house on the implications — — was gazetted two weeks after the Age wrote the article Honourable members interjecting. saying who the shareholders in Sustainable Soils were. One would have to have been lost on a mountain for The SPEAKER — Order! The member for two or three weeks not to have known that the three Footscray is on her second warning. Labor mates were the owners of Sustainable Soils and Farms, and the exemption was signed to give them a Mr GIDLEY — Can the Attorney-General advise competitive advantage. the house on the implications of the Ombudsman’s report, tabled today, for information, communications Mr Nardella — On a point of order, Speaker, the and technology (ICT) projects within his portfolio? minister is now debating the question and attacking a member of this house. I ask you to bring him back to Mr CLARK (Attorney-General) — I thank the answering the question. honourable member for his question. The Ombudsman’s report made public today does indeed have serious implications for ICT management within QUESTIONS WITHOUT NOTICE

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the Attorney-General’s portfolio and for one particular representative told my investigators that the project budget project — the integrated courts management system. and time lines were ambitious, noting that a comparable project in Massachusetts, USA, was developed over 10 years The situation is summed up very succinctly by the at a budget of $100 million. Ombudsman at the top of page 98 of his report, where he says: One has to ask how a cabinet committee at the highest level, presumably including the minister for finance of The integrated courts management system is over three years the day, who was then responsible for procurement as behind schedule and is expected to cost an additional $21 million to complete. However, its future is uncertain. The well as budget management issues, could decide to cut cabinet budget committee did not fully fund the project, back a project budget by 20 per cent and have it which led to the project delivery time frame being reduced trimmed from five years to four years in a context from five years to four years. However, the project where the committee either knew or ought to have deliverables were not reduced. known that a comparable project in the USA was This report highlights the very serious issue that this costing over $100 million? It shows an appalling lack mismanagement by the previous government creates of proper control and supervision at the highest levels for the Attorney-General’s portfolio and for the future of government. Time and again this is repeated IT needs of Victoria’s courts and tribunals. They are throughout the Ombudsman’s report. Paragraph 434 of issues that we have to deal with to overcome that the report states: bungling. We have a project that is part finished and Senior DOJ representatives stated that the budget process has only partly working. There are issues as to whether it historically been fraught as agencies have had to create large, can be completed; there are issues as to whether we can high-profile projects in order to gain traction with the cabinet salvage any value from the tens of millions of dollars of budget committee. taxpayer money that has already been spent on it. Yet again, there was appalling financial management 14:32 There is a question of what courts, if any, the project under the previous government; there was a lack of should still be used in, and there is the question of what management of high-value, high-risk projects and a future costs may well need to be incurred to find and lack of proper forward planning, and that has to be provide alternative systems. The report also shows the sheeted home to the member for Lyndhurst and his importance of the reform that this government has colleagues. already committed to: the introduction of a courts executive service that will give courts direct control Minister for Environment and Climate over the administrative services that support their Change: register of interests operations and avoid the sort of chronic lack of proper Mr ANDREWS (Leader of the Opposition) — I consultation with end users that occurred under the again direct my question to the Minister for previous government’s mismanagement of this project. Environment and Climate Change in his capacity as This lack of proper consideration for the needs of the minister responsible for that portfolio and as someone courts may well also reflect the appalling breakdown in who has made declarations to this Parliament. I ask the relationships between the Attorney-General of the day minister to provide the house and all Victorians with an and the courts that took place under my predecessor and assurance that neither he nor anyone in his office had a failure to stand up for the courts and insist that they be access at any time to market-sensitive, confidential properly involved in this project. information relating to the government’s decision to The chapter in the Ombudsman’s report on the ICMS award $50 million to a company in which he has a (integrated courts management system) gives instance shareholding. after instance of poor financial practices at the highest Mr R. SMITH (Minister for Environment and levels of the previous government that need to be Climate Change) — To the best of my knowledge, that brought to an end and which the current government is is the case, but I can tell the house and the Leader of the acting to end. If one looks, for example, at Opposition that my holdings in this particular company paragraph 425 of the report, it says: had not changed since before I was elected to The 2004 business case requested $55 million (operating and Parliament. capital expenditure) to complete ICMS across all Victorian courts and tribunals. However, the cabinet budget committee Mr Andrews — On a point of order, Speaker, in only approved $45.1 million. A witness told my investigators relation to relevance, the question did not relate to how that ICMS’s schedule was reduced from five to four years to long this minister has had these shares in clear conflict fit within the approved funding. Another DOJ — with his public duties. The question was about whether Department of Justice — he or his office had access to confidential information QUESTIONS WITHOUT NOTICE

Wednesday, 23 November 2011 ASSEMBLY PROOF 45 while he was pretending to not be involved in awarding but was funded internally by DHS. When the costs himself $50 million? That is what the question related blew out — — to. Ms Allan interjected. The SPEAKER — Order! The answer was relevant to the question that was asked. I do not uphold the point Mr WELLS — Wait for this: when the costs blew of order. out from $22 million to $70 million, you know where they got some of the money from for the shortfall? Information and communications technology: Child protection. That is an absolute disgrace. former government performance The ultranet was released to schools before it was fully 14:40 Mrs FYFFE (Evelyn) — My question is to the functional. There was significant pressure from the Treasurer. Can the Treasurer advise the house what government to deliver the ultranet by the original measures the coalition government has put in place to deadline, which was term 3 of 2010. guard against mismanagement of public money, as revealed by the Ombudsman’s report on the The question asked was: what have we done to make investigation into ICT-enabled projects, which was sure that we do not have the same situation under this tabled today? government?. What we have done is set up the high-value, high-risk project team within the Mr Andrews interjected. Department of Treasury and Finance. This is something that should have been set up years ago, because when The SPEAKER — Order! The Leader of the you have a situation where there are constant cost Opposition will come to order. blow-outs, you have a situation that needs to be fixed. We have set up the high-value, high-risk process. That Mr WELLS (Treasurer) — Another day, another means that the Treasurer now has to personally sign off report which demonstrates the previous incompetent on the robustness of the business case. That is step 1. Brumby government. Bungling, incompetent former ministers who now sit on the opposition front bench Honourable members interjecting. should hang their hands in shame. The SPEAKER — Order! Ms Allan — On a point of order, Speaker, the Treasurer is clearly debating the question. He was Mr WELLS — We have interjections from asked a clear question; he looks keen to answer it. members on the other side. Members on the other side Perhaps he can answer it without debating the question did not have any robustness around any of their tender and attacking members of the opposition, which is processes. The Treasurer must also approve the release clearly out of order. of procurement documents, and if there are any contract variations, once again they have to come back to the The SPEAKER — Order! I ask the Treasurer to Treasurer. We will make sure that we deal with future return to asking the question. contracts responsibly and that they are great value for the Victorian taxpayer. Mr WELLS — The report that was tabled today shows that of 10 ICT projects that had a budget of Former deputy commissioner of police: meeting $1.3 billion, the previous government was able to rack up bills of $2.7 billion. Let me have a look at some of Mr ANDREWS (Leader of the Opposition) — My those projects: the $300 million HealthSMART project question is to the Minister responsible for the had no business case whatsoever. The myki business establishment of an anti-corruption commission. I ask case premised the project on its being completed within the minister: on what date did he first become aware of two years; starting in 2005, it was supposed to be the 14 May 2011 meeting between Sir Ken Jones, the completed in 2007. The Link business case was member for Benambra and Tristan Weston, and who deliberately drafted to highlight implausible benefits to informed him of that meeting? secure funding. What a disgrace! Mr McINTOSH (Minister responsible for the The one that was the most disappointing of all was the establishment of an anti-corruption commission) — I client relationship information system in the became aware of that discussion at the time of the Department of Human Services. It did not get funded tabling of the Office of Police Integrity report. through the expenditure review committee or cabinet QUESTIONS WITHOUT NOTICE

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Police: information and communications reflected in the report. I must say the police have technology acknowledged they are not blameless, but as the Ombudsman says on page 67 of the report, in Mr KATOS (South Barwon) — My question is to paragraph 269: the Minister for Police and Emergency Services. Can the minister advise the house of the effect on Victoria The LINK project was set up to fail by a business case rushed to meet budget time lines and to fit within the funding already Police of the massive waste of public money by the allocated by the government. former government as revealed by the Ombudsman’s investigation into ICT-enabled projects? The member’s question went to the issue of waste. I must tell the house we have now had $60 million tipped Mr RYAN (Minister for Police and Emergency down the well by the former government in the pursuit Services) — I thank the member for his very timely of this project. I am advised that it costs about question. The report of the Ombudsman that has been $15 million to build a new police station. We could tabled today, which is the own-motion investigation have had another four police stations built for this into ICT-enabled projects, discloses absolutely $60 million. It costs about $110 000 — — monumental blunders on the part of the former Labor government in its failure to properly manage the ICT Mr Hulls — On a point of order, Speaker, the programs related to policing in Victoria. The minister is now clearly debating the question. For him implementation of the LINK records management to be talking about blatant interference is gross system is a case in point. This is referred to on page 62 hypocrisy when he had his hands all — — and subsequent pages of the report. Page 62 details how a project that started at $50 million in August 2005 The SPEAKER — Order! I do not uphold the point increased to $59.48 million by February 2006 and of order. would now require another $127.7 million to complete Mr RYAN — It costs about $110 000 to employ a it, if it were to be completed. Of course police have second-year police officer. We could have had another now gone to other alternatives. 500 police out on the street for this lost money. It costs At the core of this absolutely blatant interference on the $350 000 for a medium-sized tanker for the Country part of the former Labor government are the figures that Fire Authority. We could have had another 170 of them are set out in this report. If you go to page 63 — — out there looking after the safety of Victorians. It costs $400 000 for a fire station. We could have had another Honourable members interjecting. 150 of them. Through all of this there is one common factor, one individual whose fingerprints were all over The SPEAKER — Order! The member for things. At different times he was the Minister for Monbulk received a warning this morning and has just Water, the Minister for Police and Emergency Services, received another one. the Minister for Finance, WorkCover and the Transport Accident Commission — — Mr RYAN — On page 63, in paragraph 252, under the heading ‘Business case’, the Ombudsman says: Ms Allan — On a point of order, Speaker, the Deputy Premier is clearly debating the question. He is Instead, the business case appears to have been rushed to meet budget time lines and to fit within the funding already once again starting to go down the path of attacking allocated by the government. The project costs appear to have members of the opposition. I ask you to bring him back been based on a 7 to 10-day review, which considered the to answering the question. cost of redeveloping LEAP — not replacing LEAP (as the allocated time did not allow for investigating a replacement The SPEAKER — Order! I believe the Deputy system). Premier is attacking members of the previous Further, on page 64 the report goes on to say: government.

Police notes from a meeting with the consultant in September Mr RYAN — Another $60 million has been burnt, 2006 indicated ‘many of the benefits are not measurable but and let it be said that it is all on the head of the member were written to confirm government support’. For example, for Lyndhurst. the business case stated that the project would lead to a reduction in crime of 5 per cent. However, the consultant later stated this was a ‘big statement’, ‘pretty rough’ and ‘never measurable’. What happened here is that police were pushed on a course which inevitably led to the outcomes that are TRANSPORT LEGISLATION AMENDMENT (MARINE SAFETY AND OTHER AMENDMENTS) BILL 2011

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TRANSPORT LEGISLATION waterways of this state, but we seek a commitment in AMENDMENT (MARINE SAFETY AND relation to that as well. OTHER AMENDMENTS) BILL 2011 As a Parliament we need to be unambiguously clear in Second reading sending a message to anybody who is operates on the bay that hoon activity is utterly unacceptable and that Debate resumed. when you behave in an unacceptable way on waterways you often do not get a second chance — you may well Mr WYNNE (Richmond) — I very much die. appreciate the support of those members of the government who have decided to stay to listen to the Mr BULL (Gippsland East) — It gives me great conclusion of my contribution on the hoon boating pleasure to rise to speak in favour of the Transport legislation. Members of the house would be well aware Legislation Amendment (Marine Safety and Other that this legislation was introduced by the previous Amendments) Bill 2011, which makes important government to address what has been an increasing and changes to boating laws. I note that the previous serious problem of activity by people on our speaker, the member for Richmond, mentioned in his waterways, particularly on the bay, where there has contribution that he and his sons are keen anglers but been a burgeoning interest from people not only in struggle to catch the odd fish. I am more than happy to recreational fishing but also in a range of other craft have the member for Richmond and his two sons come which travel at quite significant speeds on the bays and down to my electorate; I am sure we can put them onto waterways. some fish.

14:50 Indeed the behaviour of people who ride these craft is The first thing I would like to talk about is the often extremely dangerous. crackdown on boaters who want to harass wildlife. This is a very important aspect of this bill. We had a case Those of us who have an interest in the bay and in where the previous legislation impacted on boaters who water activities would know that Port Phillip Bay is the behaved recklessly around swimmers, other boat users busiest waterway in the country from a cargo point of and water skiers, but did not provide power for action view. As I indicated before the luncheon break, there is to be taken against those who act recklessly and quite a deal of conflict between the very significant endanger marine animals and wildlife; they were not movements of massive cargo ships through the bay and covered and therefore were not punishable under the other users. I acknowledge the former Minister for previous legislation. Under the new legislation boaters Roads and Ports, the member for Tarneit, for his who harass wildlife can be ordered off the water, they excellent work in having the bay deepened with no can be prohibited from using their vessel for 48 hours ecological effect. Indeed fishing in the bay — except and in extreme cases their vessel can be seized. where I am concerned — is back to its normal levels. In media reports on this legislation there has been a lot There are, however, a couple of outstanding matters of discussion around the harassment of dolphins, and that have been flagged by the opposition spokesperson while that is pertinent to the Gippsland Lakes and other on which we seek some clarification. The first matter is waterways, particularly up in my neck of the woods, the the inconsistency of penalties. Whilst there are similar harassment of birdlife is equally or even more penalties pertaining to drink driving in a motor vehicle important. The Gippsland Lakes is a very important and drink driving in a motorised boat, which we think is breeding ground for a number of birds, one of the most a good thing, there is an inconsistency between the important being the black swan, which nests in prolific respective confiscation regimes. We think the numbers in that area and is very popular with tourists. government ought to consider this question more Around Metung, Paynesville and Lakes Entrance you thoroughly and come back, possibly while the bill is often get big turnouts of people to see the black swans between houses, with some answers as to why this nesting, but unfortunately they are often targeted by inconsistency remains. The second matter is that we hoons. I have certainly seen this myself in my time on seek further clarification and commitment in terms of the water. the fines and penalties regime to ensure that those funds are hypothecated back to marine activity, as this has Anyone who has spent a bit of time on the water in been an excellent program run out by the Labor these areas will know that these swans need 30 to government. I concede that this government has also 40 metres of clear water to take off. They basically run committed significant funds to the upgrading of ramps across the water with their wings flapping before they and boating facilities right across the bays and take to the air. This behaviour has often attracted the TRANSPORT LEGISLATION AMENDMENT (MARINE SAFETY AND OTHER AMENDMENTS) BILL 2011

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attention of hoon boaters, who will speed up behind vessels. I am very supportive of this aspect of the bill. swans trying to take flight. Going back a few years I In its current form the Marine Safety Act 2010 places can remember one of these birds being hit by idiots in responsibility on operators of recreational vessels to these boats. These new laws will crack down on those take reasonable care, and that includes the prohibition who wish to partake in and exhibit such foolish of reckless behaviour and intentional misuse of vessels behaviour. and safety equipment. These laws were meant to apply to the entire recreational boating fraternity, but As I mentioned, the harassment of dolphins has also hire-and-drive vessels were not defined under that act been an issue. I believe this falls into two categories — as recreational vessels. Hence the statutory duty of care those who do it innocently and those who do it was not applied to those people who find themselves at intentionally. Included in the former category are those the helm of hire-and-drive vessels, which is an industry who motor toward dolphin pods quite innocently to of significant importance in my electorate. This bill give their kids a closer look or perhaps to take a photo ensures that these duties will apply to the hire-and-drive only to find themselves on top of or in the middle of a fraternity, which is clearly important. pod. The latter include those who deliberately want to get as close as they can and to chase the dolphins Many people using hire-and-drive vessels come in large around the lake at high speed. I have been on the lakes groups with a festive atmosphere, and these levels of countless times when dolphins have chosen to follow excitement can result in lower levels of appropriate and interact with boats. Plenty of times they will travel behaviour. I can certainly vouch for that, having towed alongside you. They will swim upside down underneath a number of the Bulls’ cruisers off sandbars as a your boat. This cannot be helped as it is the dolphins’ teenager. These changes ensure that those who are in way of interacting with us, but we need to stop people charge of hire-and-drive vessels and wish to display travelling at high speed towards these pods of dolphins, inappropriate and dangerous behaviours will now be especially when they include their young. accountable under the legislation.

The new legislation has gained even more importance In this state there is continued publicity and focus on given the recent discovery by Monash University hoon drivers, and quite rightly so, but it almost always researchers that the pods of dolphins living in the refers to roads and behaviour behind the wheel of a Gippsland Lakes are a previously unrecognised species. motor car. However, it is critically important that we This makes their protection all the more important. make it well known that inappropriate and dangerous They are called the Burrunan dolphins, and they can be behaviour behind the wheel of a vessel is taken just as found only in the Gippsland Lakes and Port Phillip seriously by the Victorian public. Whilst we often see Bay. The total population of the Burrunan dolphins is graphic reminders of fatalities on our roads, and there believed to be around 150, with approximately 100 of have recently been some unfortunate circumstances, we those living in Port Phillip Bay and the remaining 50 also have fatalities on the water. They are less common, living in the Gippsland Lakes. Due to their uniqueness, but the ramifications are equal. If you take the helm of a these laws take on extra added importance. boat, it must be known that you have a responsibility to other owners, other boat operators and the passengers This legislation needs to be promoted and become well on your vessel to act with diligence. known throughout the wider Victorian recreational boating public, because it is the wider recreational Over 2000 marine infringement notices are served boating public who will become our eyes and ears in every year, which is a significant number. In the past respect of this legislation. 10 years the water police alone have served over 10 000. The bill ensures that international and interstate 14:57 On our busy waterways we need people who are certificates are recognised as equivalent in Victoria, diligent, who take note of those behaving which is another important component of the bill. inappropriately and endangering various forms of Marine enforcement is important, and reckless wildlife and who make sure that they are reported to the behaviour on our waterways towards other boaters and appropriate authorities. I am sure that all members of wildlife will not be tolerated. This is important and the house would get behind the promotion of these laws common-sense legislation. I have no hesitation in in their electorates and to the general public to make commending the bill to the house and wishing it a them aware that we need to crack down on people who speedy passage. engage in inappropriate behaviour. Mr BROOKS (Bundoora) — It is a pleasure to Another aspect of the bill I wish to comment on is the make a contribution to the debate on the Transport stronger enforcement on operators of hire-and-drive Legislation Amendment (Marine Safety and Other TRANSPORT LEGISLATION AMENDMENT (MARINE SAFETY AND OTHER AMENDMENTS) BILL 2011

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Amendments) Bill 2011. As previous speakers have As is common with new large principal statutes, subsequent mentioned, the bill makes improvements to and consultation and analysis during preparation for implementation identified certain provisions that require finetunes the existing Marine Safety Act 2010, which minor, but necessary adjustment. was passed last year with the support of both sides of the house and is yet to come into operation. The bill We have the department contradicting the minister. He addresses a potential regulatory burden in the said that serious changes need to be made because recognition of international marine certificates; things were rushed through, but a few days later his provides the director of marine safety with a clarified department said they were minor but necessary ability to cancel or suspend a licence or certificate; adjustments after subsequent consideration of the act. I clarifies that the safety director has the ability to impose will come back to this theme a little later, but it is conditions on the licences that he or she issues; ensures important that the minister focus on the issues that that operators of hire-and-drive vessels have a duty to matter and on making sure his portfolio is properly take reasonable care, as is the case with operators of managed, rather than trying to make cheap political other recreational vessels; and makes changes to the points and grab media attention. marine infringement notice scheme, which I will come back to in a moment. One of the key aspects of the bill, particularly in terms of public interest, is the extension of the hoon boating It was interesting to listen to the previous speaker, who provisions to the protection of marine wildlife, which is made a considered and balanced contribution to the something this side of the house certainly supports. The debate on this bill. He has obviously spent a fair bit of hoon boating provisions allow for people to be ordered time on the water. I should point out a mild conflict. I off the water and for use of vessels to be prohibited for hold both a boat licence and a fishing licence, and I up to 48 hours. The hoon boating provisions will apply own a small boat. I am keen to get out on the water, but to offences under the Wildlife Act 1975, in which there unfortunately I do not get out as much as I should. The are already sanctions against people who interfere with previous speaker’s contribution stands in contrast to the protected wildlife. That is a good thing. If there is any approach the Minister for Ports has taken in bringing harassment or endangering of marine wildlife, we need this legislation to the house. Last night the shadow to make sure that appropriate measures are in place and Minister for Ports, the member for Tarneit, mentioned people are properly discouraged from that sort of this point, which I want to highlight: the second-reading behaviour. That is appropriate. We need to bear in mind speech presents a case that suggests the bill fixes gaping that the vast majority of boat users — I would say errors in the principal act. The minister said: nearly all — are responsible users of our waterways. They take their use of our waterways seriously. People Unfortunately the bill — who undergo a licence test for a boat operators licence that is, the Marine Safety Bill 2010 — go to some degree of trouble to ensure that they are aware of the rules and understand that the wildlife in was rushed through the Parliament by the then Labor our waterways system is to be protected and enjoyed by government without adequate opportunity for proper scrutiny. future generations as well as our own. During the debate I was critical of the government’s abuse of parliamentary process in relation to this act, so it is not The government acknowledges that the boating surprising that a large number of amendments are now necessary. industry in Victoria contributes just under $700 million to the Victorian economy and supports more than I suggest to the minister that, instead of playing silly 10 000 jobs, both directly and indirectly. There are at political games and trying to make cheap political least 3000 direct jobs in the boating industry. It is a points with every single thing that happens, he take a massive part of the Victorian economy, and other leaf out of the book of the previous speaker, the speakers have mentioned the large number of member for Gippsland East, and take a considered, Victorians who participate in boating and fishing. There reasonable and mature approach to these sorts of are some 300 000 recreational boat licences across the matters. The minister tried to dress this up by saying state and 170 000 recreational vessels registered in that the previous bill was rushed through with Victoria. inadequate opportunity for proper scrutiny and that it is not surprising that a large number of amendments are That is a huge number of people who participate in 15:07 now necessary, but the embarrassment for him is that a boating, whose livelihoods depend on boating or whose few days after giving that speech in the Parliament his jobs are either directly or indirectly related to the department briefed the opposition and provided a boating industry. Therefore it is of some concern that handout in relation to the amendments to the Marine the Boating Industry Association of Victoria, the peak Safety Act 2010 that says: body for the drivers of the industry — those who build TRANSPORT LEGISLATION AMENDMENT (MARINE SAFETY AND OTHER AMENDMENTS) BILL 2011

50 ASSEMBLY PROOF Wednesday, 23 November 2011 boats and repair boats and all the other boating-related On a final point, I understand the marine safety industries — has expressed its concern to this regulations are currently being considered. There has government and this minister about the way the boating been some consultation on those. I want to point out regulations under this act have been handled. The that in the Options Paper for Marine Licensing in Boating Industry Association of Victoria has Victoria there is some good-quality information on the highlighted its concerns with the way in which the number of fatalities and injuries recorded in the boating government has handled the consultation and also the sector. I do not have time to go into detail, but it shows way in which it has presented some of the changes that quite clearly that the activity of fishing has a strikingly are contained in this act. In a letter to the opposition, low percentage of the fatalities and injuries that occur in BIAV expressed one of its concerns under a section the boating sector, and I would call on the minister to headed, ‘Government-generated media is presenting ensure that if there are any licensing changes proposed recreational boating in a negative fashion’. It states: in the regulations, there is no further licensing red tape or impost put on people who want to go and have a The press releases from the ports minister’s office announcing fish. There has already been a significant amount of the consultation process for the marine safety regulations attacked a sector of the recreational boating industry that is regulation in the form of lifejackets, licences and so on, the largest current driver of industry growth … and I think it is important that a line be drawn in the sand and that fishermen be protected from further Further on in the letter, BIAV raises concerns about the regulation. consultation process for the Marine Safety Regulations 2011. I quote: Mr KATOS (South Barwon) — It gives me great pleasure to rise this afternoon in support of the The consultation process for the proposed Marine Safety Transport Legislation Amendment (Marine Safety and Regulations 2011 left a lot to be desired and resulted in the BIAV writing to the minister to ask that consultation be Other Amendments) Bill 2011. suspended. While BIAV acknowledged the minister had extended the consultation period, our concerns were based on Mr Wynne — Are you declaring your interests? the fact that DoT — Mr KATOS — The member for Richmond asks the Department of Transport — whether I have a conflict of interest to declare. Although I have no conflict of interest, obviously my were already consulting on proposed regulations for the stated purpose of providing feedback to the minister, yet hadn’t family has had a great affinity with Port Phillip Bay, released a RIS — having been involved in the professional fishing sector for many years. My father was one of the first people to that is, a regulatory impact statement. fish for scallops in Port Phillip Bay back in the 1960s. He brought the technology over from Tasmania — not Without going into the detail of the tos and fros of that that it is rocket science dragging a dredge behind a particular issue, it is quite clear that the relationship boat — when scallops were discovered in the bay in the between the minister, who is responsible for the boating mid-1960s. industry, and the boating industry has soured. It is not a good relationship; he has not managed it properly. The There has always been recreational use of Port Phillip boating industry, as I mentioned, raised its concerns Bay and other Victorian waters, and obviously there are about the way the hoon boating laws that would protect people out there in the recreational sector who are marine wildlife were described in the media release and fishing — that is one of the main pursuits in Port Phillip the way in which that release was drafted, which I Bay. Perhaps I could put the member for Richmond spoke about before. Again, without getting into who is onto some of my fishing contacts to assist him in his right and who is wrong, it is obvious that the minister fishing endeavours. needs to work more closely on his relationship with the boating industry association to ensure that it does not Mr Wynne interjected. feel like this government is attacking it and placing greater pressure on its industry, which is obviously Mr KATOS — He was unfortunately pontificating feeling the pinch, with other threats including the high earlier that he was having difficulty catching fish, but if Australian dollar and competition from overseas he so wishes, I can have that discussion with him imports. I call on this minister to get behind our boating outside of the chamber. industry, rather than, as it seems at the moment, antagonising it. The main purposes of this bill are to extend the hoon boating regime to include certain marine wildlife offences — which I will come back to later in more detail — to facilitate safe marine operations, to improve TRANSPORT LEGISLATION AMENDMENT (MARINE SAFETY AND OTHER AMENDMENTS) BILL 2011

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port management and to bring the enforcement of Mr Trezise interjected. marine and port environs offences within the transport safety infringements framework. Mr KATOS — And that does not include scallops, as the member for Geelong interjected. Those who As the Minister for Ports said, the changes to the pursue and harass marine wildlife will have the same Marine Act 1988 were rushed through by the previous offences apply to them as apply to those who display Labor government, and as a result of that hasty process hoon boating behaviour. If they are caught harassing there are various issues and omissions in the act. As is dolphins, seals or whales — not so much whales in Port the case with many of the bills that the Baillieu Phillip Bay, but dolphins and seals particularly — they government has brought before the house this year, we could be banned from waterways for up to 48 hours, are fixing some of the shabby and slack work of the they could have their vessel impounded, immobilised or previous government. That is what this bill aims to do. seized and they could be forced to forfeit their vessel altogether. I must reiterate that the vast majority of Some of the changes that will be made under this bill recreational boaters, as is the case with people who relate to hire-and-drive vessels. At present a hirer of a drive motor vehicles, do the right thing and obey our recreational vessel does not have the same duty of care maritime laws on the waterways. These changes are as the owner of a recreational vessel. If I own a boat clearly aimed at the minority who do the wrong thing and go out on the water, I have a duty of care to by other boaters and by wildlife. This sends a strong conduct myself in a certain manner, but if I hire a message that this sort of reckless behaviour on our vessel, at present that duty does not apply. This bill will waterways will not be tolerated. apply the same statutory duty-of-care provisions to people who are hiring vessels, which will correct an This measure has been supported by many people. anomaly that should not be there. Mr Jeff Weir, the executive director of the Dolphin Research Institute based in Hastings has said that he 15:15 At present Victoria does not recognise certain applauds: international certificates that are recognised by the commonwealth. The bill will allow for the recognition … anything that gives added protection to marine mammals of such certificates and hence will reduce the regulatory but for this to be effective and successful it needs all of us who use the water to look out for reckless behaviour and burden on people who have an overseas qualification report it. which is just as good or may even be better than a qualification from Victoria. It will enable them to Mr Weir could not be more spot on with his assertion. simply have their licences recognised here, which is a Those who are on waterways need to be diligent, and if common-sense approach. It will also ensure better they see this sort of behaviour they should report it to renewal procedures for marine licences and the relevant authorities. Vessels have registration permissions. numbers, and this is obviously what is needed. The fisheries officers cannot be everywhere at the same In 2009 a scheme was introduced to combat hoon time, and I encourage people who see this sort of boating and antisocial behaviour on Victoria’s horrible behaviour of marine wildlife being harassed to waterways. While that was a step in the right direction, go out and report it to the relevant authorities, just as the scheme was narrow and applied only to dangerous they would if they saw hoon behaviour on the road. behaviour on waterways. In what was perhaps an oversight at the time, which this bill is correcting, it The bill also makes a number of technical changes. It failed to recognise that people in boats approach, chase makes a number of changes to port legislation that and harass marine wildlife such as seals, dolphins or, in repeal unused parts of the Victorian channels access coastal waters, even whales. It is apparent that some regime in order to reduce red tape. It also refines the recreational boaters chase and harass these animals, role of the Essential Services Commission in line with which is not a good thing. When you are going along in the commission’s recommendations. your boat it is easy to encounter a pod of dolphins quite accidentally. Most boaters will do the right thing, veer The bill will achieve consistency in the transport away and not interfere with dolphins, but unfortunately portfolio by aligning the regulatory framework for there are always some who do the wrong thing. With issuing marine and port infringements with the Port Phillip Bay being so accessible to the boating regulatory framework for other transport infringement fraternity, unfortunately this sort of hoon activity is regimes within the Transport (Compliance and more evident there. Those who pursue and harass Miscellaneous) Act 1983. The bill will also make marine wildlife — — important changes with regard to responsibilities around marine pollution in all Victorian waters, TRANSPORT LEGISLATION AMENDMENT (MARINE SAFETY AND OTHER AMENDMENTS) BILL 2011

52 ASSEMBLY PROOF Wednesday, 23 November 2011 including Port Phillip Bay, coastal waters and even the figure would be far greater. One has only to go to rivers. The bill will give the Secretary of the Limeburners Point or St Helens pier or boat ramp on a Department of Transport powers with regard to marine weekend to see hundreds of empty trailers in the car pollution responsibilities. These powers will give the parks, signifying the number of boats out on the water. secretary the right to recover costs from marine polluters, which is very important. This could mean the I must say that last year having purchased a small boat recovery of costs incurred in order to prevent a spill. myself with little or no experience in boating or as a There might be a situation where a vessel has hit some boat operator, safety soon comes to the forefront of rocks and is threatening to spill pollution into the bay or your mind. I got my boat operators licence through the other coastal waters. If there were a situation with such Queenscliff coast guard. Commodore Gary Tomlins did a vessel, it would be cleaned up and the secretary of the a great job in providing me and a number of other department would be able to recoup the costs from the inexperienced boat operators with our tests, and we polluter of the marine environment, which is very eventually picked up our licences. I note that the important. Generally, the main provision in this bill is Queenscliff coast guard will be opening its new around the harassment of marine wildlife. It sends a headquarters in the next couple of weeks. I wish it well strong message that these sorts activities will not be in its endeavours and with its new headquarters. tolerated. With that I commend the bill to the house. In relation to the bill, as other members have pointed 15:25 Mr TREZISE (Geelong) — I am also pleased to out, this is about extending the hoon legislation to speak in the debate on the Transport Legislation protect marine animals in our waters. This legislation Amendment (Marine Safety and Other Amendments) had its origins in the road safety hoon legislation that Bill 2011. I must say that it is a pleasure to follow the was introduced in this chamber by the Bracks-Brumby member for South Barwon. He mentioned his family, government back in 2007 or 2008 — around that time. I and I acknowledge that the Katos family has a history had the pleasure of chairing the Road Safety Committee of long line of fishermen in the Geelong area. They are at the time, and the member for Rodney was on that synonymous with fishing in the area. The Mantzaris committee. As I said, the hoon legislation was family and the Katos family have fished the Geelong introduced by the former government, and it was waters for many decades and their family names are extended by the former government to include the synonymous with the maritime and fishing industries in marine area and boat operators. Geelong. As a politician, the member for South Barwon should have stuck to the fishing industry. That is just a It is important that we protect our marine life. I know suggestion I would make to him. that much of this new legislation emanates from the fact that a young dolphin was killed off Portsea in 2009, and Honourable members interjecting. given that we are looking to protect marine life, the bill has my full support. I know there is concern from the Mr TREZISE — I seek your protection, Acting Boating Industry Association of Victoria about Speaker. ever-increasing regulations. It made its concerns known during our consultations on this legislation. I accept The ACTING SPEAKER (Mr Morris) — Order! that, and I think the government needs to look at its You will get it. consultative procedures and practices when it is introducing legislation. However, as I said, this is Mr TREZISE — As the member for Geelong — as important legislation. It protects marine life in our bays you are aware because you are a regular visitor to and in our oceans, and therefore it has my support. Geelong, Acting Speaker; and I suggest you come down for a bit of recreation and not just work, as you Mr BURGESS (Hastings) — It is a great pleasure would be welcome in Geelong — I know that marine to rise to speak on the Transport Legislation safety is very important. Geelong is on the magnificent Amendment (Marine Safety and Other Amendments) Corio Bay, where there would be hundreds, if not Bill 2011. The great majority of Victorians do the right thousands, of fishermen on a weekend out on the bay. thing when they are in their boats, but as everyone Geelong is also the gateway to the Bellarine Peninsula, knows, governments must legislate for the worst — the Surf Coast and the Great Ocean Road. As all both the worst of people and the worst of actions — members of this house would be aware, Geelong is because that is what needs to be looked after and that is very much based around the magnificent Corio Bay and the mischief we are addressing. the nearby ocean, so marine safety is important. I think I am correct in stating that 1 in 30 Victorians has a boat The bill before us does a lot of things, but most or a boat licence, but I would suggest that in Geelong importantly the need to introduce this bill is another TRANSPORT LEGISLATION AMENDMENT (MARINE SAFETY AND OTHER AMENDMENTS) BILL 2011

Wednesday, 23 November 2011 ASSEMBLY PROOF 53 example of the incompetence of the previous It is important that we keep abreast of the community’s government. I was looking at an Ombudsman’s report views in these areas. One body from my electorate, in today which shows there was a $1.44 billion waste in the Hastings-Western Port area, is the Dolphin ICT management on projects such as myki and the rest Research Institute, which was referred to earlier by of the shambles under the previous government. This is some speakers and is being run by Jeff Weir. It is a another example of the previous government’s great institute. Originally it was over in Port Phillip, but incompetence and another area where the current now it is on the better side of the peninsula, being the government has to spend its time and taxpayers dollars Western Port side. to rectify problems the former government created. In this case we have a bill to extend the provisions in a Mr Shaw — Are you sure about that? way that could have been done in the initial legislation. Mr BURGESS — Absolutely positive about that. The main purposes of the Transport Legislation Being the director of the institute, it is interesting to see Amendment (Marine Safety and Other Amendments) what Jeff Weir has to say. One of the most important Bill 2011 are to facilitate safe marine operations, to things is clearly the protection of marine animals, extend the hoon boating scheme to apply to certain which this piece of legislation is putting forward. As I marine wildlife offences, to improve port management said, Jeff Weir is the executive director of the Dolphin settings and to bring enforcement of marine and port Research Institute, and in the article written by Donna environment offences within the overarching transport Carton in the Frankston Standard Leader on safety infringement notice framework. The Marine 7 November he is quoted as saying: Safety Act 2010 was passed by Parliament in 2010 We applaud anything that gives added protection to marine under the previous government, which I referred to mammals, but for this to be effective and successful it needs earlier, but unfortunately that piece of legislation was all of us who use the water to look out for reckless behaviour defective in its attempts to achieve what it was trying to and report it. achieve. The changes that need to be made by this bill That is a critical point, because governments can only include ensuring that operators of hire and drive vessels legislate to take care of things that become apparent, are covered by the same statutory duty of care as operators of recreational vessels, which is not currently whether that be because police find out about the the case under the Marine Safety Act 2010; allowing wrongdoing or whether it be some other transgression that is reported in some other way. It is really important Victoria to recognise certificates that are recognised by that everybody using Victoria’s natural assets at the the commonwealth to reduce the regulatory burden on times when they are being used very heavily — industry, which the former government clearly missed the opportunity to do; and facilitating better renewal predominantly through the summer — is vigilant about procedures for marine licences and permissions. this sort of thing. No-one wants to see dolphins, or for that matter any other animal, being hindered or There is a lot of press coverage on the need for this damaged in any way because of reckless conduct. This piece of legislation. In one Herald Sun article published piece of legislation addresses that sort of mischief, and I on 29 October and headed ‘Boats, power skis on hoon would encourage anybody who comes into contact with watch’ Grant McArthur wrote: that type of behaviour to do the right thing and report it.

Water hoons will lose their boats and power skis if they The bill recognises that to obtain the best regulatory and 15:32 harass dolphins, whales and other animals. safety outcomes, legislation must take account of the practical realities, part of which is certainly that it needs A little further on he said: to become apparent to the authorities and we need the In more extreme cases police will be able to impound, community to be vigilant in that respect. immobilise, seize or even sell boats and power skis of people caught chasing or circling animals, or the vessels of repeat The bill extends the scope of the hoon boating scheme offenders. so that the hoon boating sanctions apply to a broader range of antisocial offences. The sanctions of embargo, Existing safeguards to protect swimmers, waterskiers and other boat users are being expanded by the Baillieu impoundment and forfeiture will be available where government to protect marine animals. hoon boaters actively pursue marine wildlife. These important changes respond to concerns that some The move comes after a two-month-old dolphin calf was found dead at Portsea in January after suffering internal recreational boaters deliberately target dolphins and injuries caused by a power ski or boat. other marine wildlife. As I said earlier, there is also clearly a need to address the issues of repeat offenders, and this bill does that. TRANSPORT LEGISLATION AMENDMENT (MARINE SAFETY AND OTHER AMENDMENTS) BILL 2011

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In line with the Victorian government’s stated policy of dolphin was stranded there for a number of weeks. reducing red tape for consumers particularly, the bill People were not sure whether it made its way back into repeals the unused Victorian channels access regime. It the bay or the harbour, but it was stranded there for also refines the regulatory role of the Essential Services some time. Over a period of weeks people from the Commission in line with the commission’s local paper and local residents became a bit concerned recommendations. The bill will bring consistency about the distress that the dolphin might be in, given it within the transport portfolio by aligning the regulatory was in the river for a period. Of course the dolphin framework for the issuing of marine and port attracted sightseers who were interested in it. Whilst I infringement notices with the regulatory framework for do not think anybody interfered with it in any way, I other transport infringement schemes. make the point that whilst the seat of Essendon is some way from the ocean it is not necessarily far from salt The bill extends the operation of provisions regulating water and the wildlife that uses the bay and can towage services at the port of Melbourne by repealing potentially make its way up the river. the sunset clause that was put in the legislation by the previous government. The change responds to the Recent revelations about dolphin activity in the bay and continued need to provide for larger towage vessels to the identification of a new species raise the prospect of safely and efficiently tow the larger trading vessels. people wanting to see dolphins at closer range. That change is made to ensure safe and efficient Recently I took some Japanese tourists down to the operation of the port into the future. kiosk at the end of St Kilda pier. It was a pretty miserable, wet day and I was thinking that they were The bill also clarifies another particularly important not seeing Melbourne at its best. As we sat there matter by providing powers relating to operational drinking our coffees and looking back towards St Kilda, marine pollution responsibilities and puts beyond doubt we glanced down the pier and, sure enough, a pod of that the costs incurred in preventing pollution spills as dolphins went from one side to the other under the pier. well as the costs of clean-up activities can be recovered I was able to point them out to the tourists, who were from marine polluters. That is certainly something that suitably impressed. Mind you, luck’s a fortune in that has bipartisan support. The bill establishes an case, and they had the impression that Melbourne accreditation scheme to enable the safety director to people have a high regard for the wildlife in the bay. In authorise persons providing quasi-regulatory services a sense that reminded me that we have some natural under the Marine Safety Act 2010 — for example, assets that we need to take advantage of not only for the persons able to conduct licensing tests and sake of the bay and the wildlife in it but also because it examinations. can add to the livability of Melbourne in so many ways.

As I said, this legislation is particularly important to my As I said, the prospect of people wanting to interact electorate and the people who use Victoria’s assets such more closely with dolphins is raised. That can lead to as Western Port. It is also important for the protection people going a little bit too close to the wildlife. I of animals in Western Port. I commend the bill to the welcome that the bill puts in place controls to make house. sure that people do not interfere with the wildlife, particularly dolphins, by being at close range. People Mr MADDEN (Essendon) — I rise to speak on the who use the waterways, including boatmen, generally Transport Legislation Amendment (Marine Safety and recognise and appreciate the value of wildlife. You Other Amendments) Bill 2011. I recognise that the seat would not consider the vast majority of them to be in of Essendon is not fronted by a beach, but people who any way hoons, but from time to time there will be live and work there are very fortunate to have the those who attract attention and highlight some reckless Maribyrnong River as one of the geographical activity that puts in danger either people or marine life boundaries of the electorate. It is probably well known using the waterways. From time to time when in this place that one of the idiosyncratic elements of holidaying at Torquay I have seen the interaction the Maribyrnong is that it is a saltwater river. I do not between some jet ski users and members of the public profess to be an expert on this, but it is a saltwater river in and around a beach that is used by families. If all the way up to Arundel, where there is the dam that controls can be put in place to discourage people from keeps the fresh water from the salt water, so it is a tidal being reckless in that way, then all the better. river. Going back quickly to the Maribyrnong River, as I said, Surprisingly, some years ago a dolphin made its way it is one of the geographical boundaries of the Essendon into the river. I think it was during a peak flood period electorate. It provides some interesting considerations or a high tide. Having made its way up the river, the for the way we use the Maribyrnong corridor into the CRIMINAL PROCEDURE AMENDMENT (DOUBLE JEOPARDY AND OTHER MATTERS) BILL 2011

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future. One of the ambitious projects for the previous invested not only in marine safety and reminders about government that will also be one for this government is marine safety for those who use marine craft but also in the redevelopment of the Maribyrnong defence site. providing that information in a simple format in various Members may know that site is on the extension of languages to boat users in and around the locations Raleigh Road and is basically across the road from the where people bring their craft in and out of the water. Highpoint shopping centre. With the prospect of more There should be officers who are promoting these residents in that area and only one or two roads into and issues rather than boaters or those who use our out of it, there will be a high degree of complexity for waterways only finding out when fined that there are the management of the traffic. One of the opportunities controls they were not previously aware of. I encourage is to use the Maribyrnong River for transport through the government to continue to invest in the provision of that corridor from time to time. I know there are issues information to the boating sector. because the river is narrow in that neck of the woods, so people in boats are not allowed to get up much speed. I also encourage investment to be made in promoting However, there is the prospect of providing alternate the bay and promoting the use of the bay for marine means of transport through that corridor. pleasure craft. We should also reinforce to the public that we have some magnificent assets, whether they be To service the site properly there will need to be the Maribyrnong River, the bay, Western Port bay or improved public transport along Maribyrnong Road, some of the other coastal regions. We have marvellous with investment in larger trams. The opportunity is assets for everyone to have the opportunity to enjoy — there to use the Maribyrnong River as a gateway to but to enjoy in a way that is measured and considered Melbourne, as it is used during the Melbourne Cup and recognises that it is important to protect what we carnival. It is certainly worth considering and having have rather than loving it to death by overusing those the government investigate in the near future the facilities, putting pressure on the environment and extension of the services up the river to relieve some of putting too much burden on those who use our what I expect will be city commuter congestion arising marvellous assets. at that site. One of the issues along the Maribyrnong River is that some years ago a number of car bodies Debate adjourned on motion of Mr MORRIS were removed from the river. If the river is to be used (Mornington). for transport and that is not to impact on wildlife, then probably some surveying of the riverbed must be Debate adjourned until later this day. undertaken to make sure that there are not too many car wrecks left in the river along there. CRIMINAL PROCEDURE AMENDMENT 15:42 I know that a ferryboat — if I have its name correct, it (DOUBLE JEOPARDY AND OTHER is the Blackbird — has been operating along the MATTERS) BILL 2011 Maribyrnong River basically as a pleasure craft. People often book it for celebrations and events. There is the Second reading opportunity to increase those sorts of movements along Debate resumed from 9 November; motion of the river and to encourage commuter use of the river; Mr CLARK (Attorney-General). however, it must be recognised that if people choose to use pleasure craft to go up and down the river, they Government amendments circulated by have to respect the marine life and the safety of others Mr CLARK (Attorney-General) pursuant to when they do it. standing orders.

We are not going to oppose the bill, but we will express Ms HENNESSY (Altona) — I am grateful for the some concerns. In particular the marine craft sector is opportunity to rise to speak on the Criminal Procedure concerned about the degree of regulation and red tape Amendment (Double Jeopardy and Other Matters) Bill that the bill may bring to the use of waterways. Given 2011, and I note the amendments that have been that many boat owners have very simple craft — such circulated in the house. Unfortunately the opposition as tinnies, which are often used in a very simple way — has not had a long period of time in which to consider adding complexity to their waterway use is no doubt the amendments; in fact this is the first time I have seen going to create greater issues for those users. them. The Attorney-General has just advised me that the amendments pick up one of the recommendations in I think the provision of information to boat operators the SARC (Scrutiny of Acts and Regulations and boat owners is very important. I look forward to Committee) report. At this point in time I would say any money raised from these new controls being CRIMINAL PROCEDURE AMENDMENT (DOUBLE JEOPARDY AND OTHER MATTERS) BILL 2011

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that the opposition is likely to be positively predisposed The historical genesis of the law against double to those amendments. jeopardy and the theory around the concept of finality in criminal proceedings was really always focused not As the lead speaker on behalf of the Victorian just on due process but on the protection of liberty. opposition, I advise the house that the opposition will not be opposing the bill. Whilst the bill contains a In regard to the emergence of the common law and the couple of statute law revisions, the main thrust of the common-law doctrines that became entrenched so long bill relates to the law of double jeopardy, and it ago we also have to remember that this occurred in an provides a number of exceptions to the existing law of environment where often the consequences of a person double jeopardy. I will focus my contribution to the being convicted were death. Principles and norms were debate on that aspect on the bill. adopted and entrenched not only at times when findings of guilt led to execution but also in an environment In my shadow portfolio responsibilities I recently met where there was often summary execution. It is with a stakeholder who made the point when discussing worthwhile noting that the emergence of the common some legislation that had recently gone through the law has always been associated with a libertarian house that when they went to Hansard they often felt debate about the importance of protecting and they were none the wiser about what the bill actually preserving liberty against the use of the powers of the did. Whilst the debate between our side and the state. government side might have been entertaining, it was not necessarily instructive. It may be a complete stretch, Whilst contemporary challenges mean that the but while I accept the ‘We are tough on crime, and you environment is ripe for a change and for reflection in are not tough on crime’ part of debate as political respect of those common-law principles, which have theatre, I think when we are dealing with such largely been adopted in statute law in Victoria, it is significant changes to the criminal justice system it always worth remembering what limitations we wish to reflects very poorly on all of us when we do not speak put on the power that the state may exercise. to the substance of the bill. Thankfully we live in a jurisdiction where the death penalty does not exist, but even in many democratic As we talk through the specifics of this proposed common-law jurisdictions and many democratic legislation, it is incredibly important that we try to continental jurisdictions the death penalty still does ensure that in creating the public story of legislative exist. But I think it is incredibly important that we change we remember that we have an obligation to acknowledge the political environment in which the ensure that the story is clear, transparent and factual. A common law has evolved and that the principles around little bit of theatre around the side does not hurt in those double jeopardy evolved in that environment because circumstances. of a fear of misuse of the power of the state.

15:50 I preface my comments by saying I hope this debate is Having said that, the present law of double jeopardy is instructive and not one that is overladen with currently outlined in section 220 of the Criminal mendacious political theatre in the absence of Procedure Act 2009. In terms of the specifics of this bill substance. I would also like to take this opportunity to we need to be really clear that this is not a bill that commend the Scrutiny of Acts and Regulations abolishes the defence of double jeopardy; this is a bill Committee on its report. I know that when bills are that places some limitations on the use of that defence. introduced the committee often does not have a Alterations to the law of double jeopardy have occurred substantial period of time within which to deeply not only in a number of Australian jurisdictions but also consider the proposals in the bills, but on this bill I in a number of comparable international jurisdictions. It think SARC has done an outstanding job. Perhaps the is also worth noting that the jurisdictions that are amendments the Attorney-General has now circulated comparable include New South Wales, Queensland, in respect of the application of murder and South Australia, Tasmania, Western Australia, New manslaughter of children under six — the child Zealand, England and Wales, Scotland and Ireland. I homicide laws that the amendments go to — is a note that the Legislative Assembly of the Australian reflection of the colossal efforts SARC has made. It Capital Territory considered a bill that limited double would be unseemly to not acknowledge that work. I jeopardy, but the provision was ultimately not enacted. certainly found its report instructive and insightful. We should note also that in 2007 a set of principles was agreed to by the Council of Australian Governments, The law of double jeopardy is over 800 years old; it is and that has largely been the genesis of the bill the an 800-year-old tenet of the criminal law system. In fact government has introduced here. it has persisted since the Norman conquest of England. CRIMINAL PROCEDURE AMENDMENT (DOUBLE JEOPARDY AND OTHER MATTERS) BILL 2011

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As I have previously noted, there have been various important — and I will come to the provisions in this debates around the need to and the case for reforming bill — that nothing we do or say as public double jeopardy laws. When one listens to the stories of representatives could ever be used to argue that a fair families and victims it is very difficult to not find that trial has been jeopardised. I wish specifically to put on case quite compelling. When you hear the voices of record the Victorian opposition’s empathy, hope and families who are in almost unimaginable grief and pain support for those for whom this bill might deliver the and who feel frustration and are absolutely crushed spectre of better justice than they have received in the because justice has not been delivered, you can only past. However, we also take seriously our obligation imagine how unspeakably painful it must be for them if not to falsely raise expectations and our obligation to new, fresh and compelling evidence subsequently not, in the realm of political theatre, potentially emerges but is unable to be used in an attempt to exact jeopardise the conduct of a fair trial and to ensure that justice for the victim or the victim’s family. Put simply, we let the separation of powers work properly. we essentially believe the justice system needs to be fair and effective, not only for victims and their families but With that in mind, I would also like to just briefly touch also for those against whom the allegations have been on what fresh and compelling evidence might be. I will made. do so only in the abstract. I am aware of the various media commentaries that have been made about various I would cross-reference my earlier comments about the cases that may or may not be captured by the provisions capacity and potential for the state to misuse its power, of this bill. Under the bill ‘fresh’ means that the but it is also important to remember that when a crime evidence was not adduced at the trial and that it could is committed it is not just the victims and their families not have been, even with the exercise of reasonable who suffer the injury: a criminal offence is in fact an diligence. The impact of that provision means that this offence against the entire community. It is an offence is not evidence that a prosecution or an investigative against all of us. I believe in a justice system that should team has in some way failed to pick up in the course of deliver exactly that: justice. If we can better deliver developing a brief of evidence to provide to the DPP justice without sacrificing the integrity of the criminal (Director of Public Prosecutions). justice system and without forgoing proper checks and balances, then it is the view of the Victorian opposition It ensures that this is not a bill that is going to reward 16:00 that we should do exactly that. It is our view that the lazy investigations or provide a second chance; rather it proposal before the house today meets that test, and that will apply in cases where it simply was not possible for is why we do not oppose this bill. that evidence to have been adduced. ‘Compelling evidence’ means that evidence should be reliable, If I could briefly go through the provisions of the bill, it substantial and highly probative. The bill provides that will allow for new trials where there is fresh and the evidence must not have been able to be produced at compelling evidence for the offences of manslaughter, the original trial, even with the exercise of reasonable murder, arson causing death, rape, and large-scale drug diligence. trafficking. Again I would make some reference to and note the amendments that the Attorney-General has The other circumstance in which a new trial may be circulated. It would be remiss of me not to make the allowed is when there has been a tainted acquittal for a observation that we have seen much speculation in the crime where there is a penalty of 15 years or more. That media about the sorts of cases that some hope may be exception arises when a person has been convicted of captured by these changes. Whilst my heart certainly an administration of justice offence. The sorts of crimes goes out to the families and victims for whom this bill that administration of justice offences include are may have generated some hope — and indeed I share perjury and the witness tampering type of offences. The that hope — I think it would be unfair and potentially Court of Appeal must be satisfied that it is more likely damaging, both from a legal point of view but also from than not that but for the administration of justice the point of view of unnecessarily raising expectations, offence the accused person would have been convicted for us to talk about those sorts of cases individually. at the original trial.

As a wise man, Acting Speaker, I know you will show A final limb of the exception to the law of double guidance to all of us in this chamber in regard to jeopardy that this bill introduces goes specifically to discussing the individual merits of particular instances cases of administration of justice offences in relation to that have occurred in Victoria’s criminal justice history. indictable offences. The final limb is broader than the I am deeply aware of the limitations of the use of first two exceptions. As I said, it applies to any parliamentary privilege, but often what we say in this indictable offence when, and only when, the Court of chamber gets reported externally. It is critically Appeal is satisfied there is fresh evidence of the CRIMINAL PROCEDURE AMENDMENT (DOUBLE JEOPARDY AND OTHER MATTERS) BILL 2011

58 ASSEMBLY PROOF Wednesday, 23 November 2011 commission of an administration of justice offence in obligation: it has got to be satisfied that a fair new trial relation to the previous acquittal of that indictable is also possible. The bill, if adopted, does not just offence. provide that the circumstances and the evidence should satisfy the statutory requirements. It also provides that The bill effectively sets out three enabling exceptions the Court of Appeal is required to turn its mind to whereby an application to the Court of Appeal of the whether or not a fair trial is possible. It is in the context Supreme Court can be made. But that is not the end of of that provision, and a general belief in the importance it, there are still two more significant hurdles that will of fair trials, that the opposition also restates its view need to be jumped in order to successfully have a fresh that the debate on the bill in this chamber is not the indictment issued lawfully. For example, the police will place to go into the individual specifics of cases that be required to obtain the authorisation of the DPP to may or may not be ultimately captured by this commence an investigation into someone who has legislation. previously been acquitted. The exception will be cases where urgent action is required to prevent irrevocable If the Court of Appeal determines that the application is prejudice to an investigation. I imagine those would be lost because, for example, it does not satisfy one of the the sorts of cases where there might be the risk of three limbs that will now be an exception to the general evidence tampering and where there might be a flight rule of double jeopardy as a defence in Victoria, or if risk by the suspect or potential defendant. the Court of Appeal of the Supreme Court is not satisfied that a fair trial is possible, then once it is lost, These are questions that my colleague the shadow the application can never be made again because the Attorney-General put to the Department of Justice bill then requires the Court of Appeal to issue a representatives during the briefing that was provided — permanent stay of the application. Effectively when one we would like to express our appreciation for the seeks to invoke the provisions on the exceptions to the provision of that briefing — and we were assured, and rules of double jeopardy, there will be one shot. If that we rely on those assurances, that the circumstances in does not make it, that will be the end of the matter. In which this power is likely to be used would be very fact it is important to understand that there can also rare. In any event there is also a second capture because only be one new trial. If the Court of Appeal makes the the police members would then be required to get not determination that it meets the statutory test that a fair just interim approval from a senior member of Victoria trial is possible and a trial is held but ultimately there is Police but would also be required to get DPP no successful conviction, then again that will be the end confirmation as soon as practicable. A senior member of it. of the police in the circumstances of this act includes the chief commissioner, deputy commissioner or an There was some concern among some within the legal assistant commissioner. fraternity about the issue of whether this provides an opportunity where the police and the DPP could Once such an indictment has been filed, the DPP must continue to attempt to prosecute a matter until they got take the application to the Court of Appeal for a new results. That would be a mischaracterisation of what the trial within 28 days. This is not a circumstance where provisions of this bill deliver. The bill is incredibly investigative bodies will be able to sit on the evidence detailed and specific in respect of the circumstances in or will have an opportunity to go out and fish for more which it will apply, and there will be one chance and evidence. There is a reasonably short time frame within one chance only. It is also important to note that a which they will have to take the matter to the Court of retrial cannot be sought if an offender gets convicted of Appeal. The court then has the job of making the a lesser offence on the basis of the same facts. That determination. Again, the opposition is reasonably means that if the defendant is charged with murder but satisfied that there is a good separation of powers and is ultimately convicted of manslaughter, then the there are a number of junctures of checks and balances. provisions of this bill will mean that proceedings or an indictment could then not be relitigated in trying to get I mean no disrespect when I say that the Court of the conviction for murder successfully prosecuted. It Appeal of the Supreme Court is no pushover and it also provides that if in the original trial a defendant was takes its job very seriously. I cannot imagine that the acquitted on grounds of insanity, a retrial could not be Court of Appeal of the Supreme Court would sought. In circumstances where an offender is acquitted necessarily be too porous in the way that it applied the on the basis of insanity, that is effectively the end of it, provisions contained in this bill, because in doing so it regardless and irrespective of what new evidence may has to be satisfied that the case satisfies not just one of emerge. the rules of the exceptions the bill sets out but also fundamentally the court has a further general catchall CRIMINAL PROCEDURE AMENDMENT (DOUBLE JEOPARDY AND OTHER MATTERS) BILL 2011

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Where the Court of Appeal enables a new indictment, themselves or of appeal, and when the consequence of the bill provides that there will be an assumption that conviction was often death. bail will be granted. That is a significant variation to He also makes reference to Hawkins, a great author what the presumption is around bail in respect of other who wrote a treatise on pleas of the Crown that can be criminal offences. used in criminal proceedings. I hope, Acting Speaker, you will permit me the gender-exclusive language; 16:07 That is obviously a presumption that can be rebutted these were written in earlier times. Hawkins says that ‘a with compelling evidence, but it is an important check man shall not be brought into danger of his life for one and balance to be noted. and the same offence more than once’. That was really Finally, and it is quite a significant point, where there is the basis of the Crown plea that is now promulgated not a new trial, the prosecution cannot make reference to just in Victoria’s Criminal Procedure Act 2009 but also the fact that the Court of Appeal has been satisfied that in common law. What Lord Auld quite insightfully there is fresh and compelling new evidence, so the observed was that the doctrine in its application to an prosecution would not be able to use the fact that a acquittal is not an absolute one, and as a matter of Court of Appeal has said, ‘Yes, there is fresh, new common sense it should not be so. This is where he gets compelling evidence’ as evidence in the second trial. If really exciting, Acting Speaker, so hang on to your they do so and that provision is therefore not honoured, chair: there is the possibility of a mistrial occurring. So yet … the general justifying aim of the administration of criminal again this is another check and balance that speaks not justice is to control crime by detecting, convicting and duly just to the limitations of the bill but also to the sentencing the guilty. It is not part of that aim, simply a attempted balance around fairness and due process that necessary incident of it, that the system should acquit those has sought to have been struck. not proved to be guilty.

As I said, the law against double jeopardy has been a It gets better, Acting Speaker, so hang with me. Lord longstanding one. There has often been debate about Auld continues: double jeopardy, particularly among those who are If there is compelling evidence, say in the form of DNA or particularly fond of or attached to longstanding other scientific analysis or of an unguarded admission, that an principles of the common law. But I do note that in the acquitted person is after all guilty of a serious offence, then, United Kingdom when they reflected upon the need to subject to stringent safeguards of the sort proposed by the Law Commission, what basis in logic or justice can there be perhaps provide some exceptions to the law of double for preventing proof of that criminality? And what of the jeopardy, one of the great lords, Lord Auld, as those of public confidence in a system that allows it to happen? us who have perhaps had the pain of working in the law in a previous life would know — certainly he To permit reopening of an acquittal in such a circumstance is not inconsistent with … commands enormous respect and has certainly contributed a great deal to common-law jurisprudential He then refers to a range of European conventions on history — provided some advice to the Blair Labour human rights and the British human rights environment, government. He wrote this terrific report in which he and I think the points he makes there are ones that the was really trying to grapple with the issue of how we Victorian opposition find persuasive — that the point of balance a long-term principle around the need to ensure a justice system is to deliver justice. We are intimately that the power of the state is not abused and that if a aware of the advances in technology around DNA person is found not guilty, that should be the end of it. evidence. Whilst we are generally respectful of He also tried to balance this with, I think, the common-law history and the need to have a system that compelling argument which went to the purport of the is fair to offenders, if there is evidence that is fresh and justice system — that is, to seek justice. compelling, that meets the tests set out in these bills and that may deliver not just justice for a victim or justice I would like to refer to a number points that Lord Auld for a family but justice for all of us. If in fact that can be made in the United Kingdom report, because he notes delivered without jeopardising the integrity of the that the proposals, as they were then — they have criminal justice system, it is the view of the Victorian subsequently been adopted — would make significant opposition that it should be supported. On that basis I inroads, and he calls the common-law doctrine of wish the bill a speedy passage through the house. double jeopardy a hallowed one. He says: Mr NEWTON-BROWN (Prahran) — On Like many of our principles of criminal law, it has its origin in harsher times when trials were crude affairs affording 11 October 1988 a person named Graeme Jensen was accused persons little effective means of defending killed by police after threatening the officers with a firearm in Narre Warren. He had been under CRIMINAL PROCEDURE AMENDMENT (DOUBLE JEOPARDY AND OTHER MATTERS) BILL 2011

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investigation by the Victoria Police armed robbery … the sweetest thing I ever heard was the police officer’s last squad, which had planned to arrest him in connection words while he was dying. with an armed robbery and murder. Graeme Jensen’s Peter McEvoy also bragged to a prison officer about best friend was Victor Peirce. Thirteen hours later, at killing two police officers. On 14 September this year 4.39 a.m. on 12 October, two young constables assistant commissioner of police, Graham Ashton, told operating a divisional van in Prahran were called to an Age reporters that police had uncovered new evidence abandoned Holden Commodore in Walsh Street, South that could warrant a retrial in the Walsh Street killings. Yarra. Constable Steven Tynan and Constable Damian In the Age of 3 June he was reported as saying: Eyre arrived on the scene. They were ambushed by a group of armed men. Constable Tynan was shot dead If and when the legislation is introduced, we will of course with a shotgun whilst sitting in the car. Constable Eyre look at what new options this might present because we was seriously wounded. It is thought that remain firmly committed to achieving justice for the families of Steven Tynan and Damian Eyre. Constable Eyre struggled with his attackers despite his injuries and that another person approached from Without this bill being passed into law there is no way behind as he struggled, removed his service revolver that any fresh evidence could be reviewed with a view from its holster and shot him in the head with it. to a retrial. I note the concern of the member for Altona that this case not be prejudged. It will be a matter for A task force was set up to investigate this cold-blooded, the DPP (Director of Public Prosecutions) to review calculated execution of those serving members of any potential new evidence and see whether this is an Victoria Police — young blokes doing their job in the appropriate case for retrial. In June the service of Victorians. There was an investigation that Attorney-General was reported as saying: ran for 895 days. It discovered that the shotgun used to kill Constable Tynan was the same one that had been … Walsh Street is one of the cases that could result in a retrial used by a gang dubbed the ‘Flemington crew’, which if a court is satisfied there is sufficient new and compelling had robbed at least four Melbourne banks. evidence. It is a good example of the sort of case that could fall within the new rules. 16:15 Seven months into the investigation this shotgun was The proposed legislation is yet another example of the found buried in a golf course garden bed. The shotgun commitment of the Liberal-Nationals coalition to doing and the shells were the single forensic link that the what it said it would do in its election campaign last police had. The members of the gang thought year. This is just one of a number of law and order responsible for the bank robberies were Victor Peirce, promises that were made, and it is yet another one of Graeme Jensen, Jedd Houghton and Peter McEvoy. the Attorney-General’s law reforms to come before this Four men were charged with the murders of Constables Parliament. Yes, this is an 800-year-old legal principle, Tynan and Eyre. The trial of Victor Peirce, Trevor but we are by no means alone in striking out on this Pettingill, Anthony Farrell and Peter McEvoy began in issue. In 2005 Britain changed its laws in a similar March 1991. A fifth suspect, Jason Ryan, became a manner. In 2008 New Zealand did too. And within prosecution witness and he was offered immunity from Australia, Queensland, New South Wales, South prosecution, but his evidence changed several times Australia and Western Australia have all made moves before the start of the trial and as a result was useless. to amend their double jeopardy laws. Victor Peirce’s wife, Wendy, also became a prosecution witness and was put into witness protection That Victoria is one of the last states to actually act on with Jason Ryan. Originally she provided an alibi for these laws makes a mockery of the former her husband, which she retracted, but in a pretrial Attorney-General’s self-proclaimed legacy as a hearing she retracted her retraction. As a hostile witness reformist Attorney-General. In fact the former she was not called to give evidence at the trial, and all Attorney-General dragged his feet on the issue when he four men were acquitted. had the chance to follow suit with other Australian states. As far back as 2003 when the Standing Much later, in October 2005, the widow of Victor Committee of Attorneys-General released a discussion Peirce gave an interview to journalist John Silvester paper proposing options for reform to the double detailing her husband’s involvement in the murder. jeopardy rule, the then Attorney-General, the member Five years later, in February 2010, in an angry for Niddrie, said that Victoria ‘would not be rushing to exchange with New South Wales police after he was abolish the longstanding principle of double jeopardy’. arrested in Newcastle, Peter McEvoy was reported as In the seven years that followed, the Attorney-General saying he had heard the dying words of a constable: was true to his word and maintained Victoria’s less than progressive position compared with other states in CRIMINAL PROCEDURE AMENDMENT (DOUBLE JEOPARDY AND OTHER MATTERS) BILL 2011

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Australia. One of the reasons he gave to support his most serious categories of offences, such as murder, recalcitrance was published in the Age on 12 April manslaughter, arson causing death, serious drug 2003. He was reported as saying that: offences, aggravated rape and armed robbery. The tainted acquittal exceptions will be limited to offences To abolish the rule of double jeopardy will mean that a person with penalties of over 15 years. accused of a crime will be perpetually considered a criminal even if acquitted. This is not going to result in an opening of the 16:22 Moving forward to 2007, a Council of Australian floodgates to retrials in Victoria. Indeed there are no Governments meeting discussed a model which cases yet in any Australian jurisdiction where the proposed reforms of the double jeopardy law. The legislation that has already been enacted in those states resolution at COAG was that: has been used. In the UK, where this kind of legislation has been in place for a bit longer, there is only a handful … jurisdictions will implement the recommendations of the of cases. This is an important change to the legislative Double Jeopardy Law Reform COAG Working Group … regime that will enable matters to be retried in noting that the scope of reforms will vary amongst jurisdictions reflecting differences in the particular structure appropriate cases. of each jurisdiction’s criminal law. Victoria and the Australian Capital Territory reserved their positions in In conclusion, Frank Eyre, Damian’s father, himself a relation to the recommendations. policeman of 46 years, summed up the need for this legislation simply but eloquently. He said: In other words, Labor refused to adopt this recommendation, whereas other states moved on it You can’t have people running around killing policemen and much more quickly. walking away saying, ‘I did it, what are you going to do about it?’. In Hansard of 10 April 2003, there is another example Mr PERERA (Cranbourne) — I wish to speak on of the former Attorney-General’s response to this issue. the Criminal Procedure Amendment (Double Jeopardy He is reported as saying: and Other Matters) Bill 2011. In contrast to other Whilst I am certainly prepared to listen and contribute to this common-law nations, Australia’s double jeopardy law important debate, it has long been a cornerstone of our legal has been held to extend to the prevention of prosecution system that no person acquitted of an offence should be for perjury following a previous acquittal where a required to stand trial again for the same offence. I am concerned by any hasty move to erode such a fundamental finding of perjury would controvert the previous principle. acquittal. This was confirmed in the case of R v. Carroll, where the police found new evidence that This comment was made by our great, decisive, convincingly disproved Raymond Carroll’s sworn alibi reformist former Attorney-General! I recall another of two decades after he had been acquitted of murder his great contributions to the law when he was charges in relation to the death of Ipswich child Deidre Attorney-General: he wanted to legislate against Kennedy. The police successfully prosecuted him for barristers wearing their traditional attire in court. perjury. Public outcry followed the overturning of his Imagine that! An Attorney-General legislating what conviction for perjury by the High Court and has led to you can wear to work. It was a ridiculous sideshow, and widespread calls for reform of the law along the lines of at the time there were far more significant issues that he UK legislation, which was enacted sometime around could have been addressing, such as this important 2005. issue of double jeopardy. But he squibbed it. In December 2006 the then New South Wales Premier, As far as the bill itself is concerned, it reforms Morris Iemma, introduced legislation to scrap common-law rules. It is particularly limited, so it is not substantial parts of the double jeopardy law in NSW. a reversal or an abolition of the double jeopardy rule. It The NSW Parliament passed legislation abolishing the is confined to three particular circumstances. Firstly, rule against double jeopardy in cases in which: where there is fresh and compelling DNA evidence or a someone was acquitted of a life sentence offence — subsequent confession; secondly, where there is tainted murder, violent gang rapes, large commercial supply or evidence used in the trial, such as bribery of a witness; production of illegal drugs — where there was fresh and thirdly, where there is evidence of perjury. Strict and compelling evidence of guilt; someone was safeguards mean there will be only one opportunity to acquitted of an offence with a sentence of 15 years or make an application for retrial of any particular more where the acquittal was tainted by perjury, bribery acquittal. The police will have to get written permission or the perversion of the course of justice; or someone from the DPP to reopen an investigation. The fresh and was acquitted in a judge-only trial; or where a judge compelling evidence exception will only apply to the directed the jury to acquit. CRIMINAL PROCEDURE AMENDMENT (DOUBLE JEOPARDY AND OTHER MATTERS) BILL 2011

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New South Wales, Queensland, Tasmania and South Tasmania there have been no retrials flowing from Australia have already changed their double jeopardy double jeopardy reforms in 2008, and Queensland’s laws, as have England and New Zealand. In March Office of the Director of Public Prosecutions was 2011 Scotland passed legislation against the double unaware of any retrials since its 2007 reforms. The jeopardy rule. Now is the precise time we should proposed Victorian law is based on model legislation modernise our laws to reflect the realities of our approved by the Council of Australian Governments in contemporary society. It is about time we changed our 2007. laws in regard to double jeopardy. The principle of double jeopardy dates back over 800 years, but we now In March 2011 the Scottish Parliament voted live in a very different world. Our law needs to be unanimously in favour of a bill that was introduced to modernised to ensure that it is fit for the 21st century. update its double jeopardy laws. Double jeopardy is a Therefore the opposition will not be opposing this bill. fundamental principle of Scottish law, which provides essential protection against the state repeatedly In this day and age, people should not be able to walk pursuing an individual for the same act. However, free from court and subsequently boast about their guilt certain exemptions will now apply. The key elements with impunity. If new evidence emerges which shows of the Double Jeopardy (Scotland) Act 2011 are: the original ruling was fundamentally flawed, it should restating and clarifying the ancient law on double be possible to have a second trial. I guess the jeopardy and removing the anomalies and uncertainties community globally would accept this as fair play. identified by the Scottish Law Commission in its 2009 Trials that are tainted by threats of corruption should be report on double jeopardy; allowing a second trial re-run. Prosecutors should not have their hands tied, where, after an acquittal, compelling new evidence and this bill will ensure that in such cases there will be emerges to substantially strengthen the case against the no escape from justice. accused; allowing a second trial where the original trial was tainted; allowing a second trial where, after an One of the reforms that this bill will make once enacted acquittal, evidence becomes available that the acquitted is that the Director of Public Prosecutions (DPP) will be person has admitted to committing the offence; or able to apply to the Court of Appeal for a new trial in a permitting the prosecution of a person on a more particular case. The reforms will apply only to serious serious charge where the victim has died after the crimes, including murder, manslaughter, commercial original charge. The Scottish act is similar to the bill drug trafficking, aggravated rape and armed robbery. before the house. The Law Institute of Victoria (LIV) backs retrials in cases where the accused has been acquitted owing to In the UK, in the briefest of retrials, Billy Dunlop tainted evidence but does not support retrials where pleaded guilty to the murder in 1989 of 22-year-old new evidence, such as evidence involving DNA, has woman Julie Hogg. Previously he had been acquitted of emerged. The Law Institute of Victoria’s the crime. The case is the first made possible by new president-elect, Michael Holcroft, has said that the LIV criminal justice legislation which allows what is known is not convinced that DNA is a magic panacea since it as double jeopardy in certain circumstances. The is subject to human error just as other forms of evidence Dunlop case is the first to have gone through that are. Mr Holcroft has said that a Victorian case in the rigorous procedure. However, other cases have been past year where a man was falsely prosecuted and spent mentioned from time to time, and after the relevant time in custody due to contaminated DNA evidence section of the Criminal Justice Act 2003 became law in shows that it is not foolproof. What this means is that April 2005, the National Crime Faculty in the UK DNA evidence should not be treated as compelling speculated that up to 35 acquittals could be reviewed. enough on its own to instigate a retrial. I believe that with advances in technology DNA evidence will In England, in deciding whether to overturn an become more reliable in the future. acquittal, appeal judges have to consider how the interests of justice are best served. A priority is whether If a trial was tainted or a first trial was not fair, LIV the defendant can get a fair trial the second time around, believes it is okay to allow a second trial in limited given the publicity and the length of time that has circumstances. Otherwise it does not support a retrial of elapsed since the first trial. The Court of Appeal can someone who has already been acquitted of the same prohibit the reporting of the evidence put before it, offence. LIV holds the view that if the prosecution has although a jury will inevitably be told that it is trying a not got sufficient evidence to obtain a conviction, then case that has already been heard at least once. One it should not be going to trial in the first place. safeguard for a defendant is that there can be only one Mr Holcroft has said he is unaware of any retrials in the application to have an acquittal overturned. wake of double jeopardy reforms in other states. In CRIMINAL PROCEDURE AMENDMENT (DOUBLE JEOPARDY AND OTHER MATTERS) BILL 2011

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16:32 In England in 1991 the Law Commission These reforms will be of particular importance to recommended that the double jeopardy law be relaxed victims of crime, and they demonstrate the and said that the only offence to qualify should be government’s commitment to community safety by murder. However, the legislation now applies to up to ensuring that those who commit serious offences are 30 offences which attract a life sentence, including held accountable and that the victims of those offences manslaughter, kidnapping, rape, armed robbery and a get justice. I return to my first comment: I think it is number of serious drugs crimes. This is very similar to important to all Victorians that there is justice for some the offences covered in the Victorian legislation, with of these heinous crimes. the amendment adding in child homicide. Fresh and compelling evidence is evidence that has not Despite the government’s agenda to re-balance criminal been led and could not have been led at the original justice in favour of victims, most lawyers and judges trial, even with the exercise of reasonable diligence. It believe that retrials after acquittal will be rare. The bill is evidence that is reliable, substantial and highly tightly defines the circumstances in which retrials may probative in the context of the issues in dispute at the be allowed and builds in various safeguards with trial of the offence. The offences to which an exception respect to the powers of police and the DPP as well as to the double jeopardy principle will apply include clear criteria to guide the Court of Appeal. murder, conspiracy to commit murder, incitement to commit murder, attempting to commit murder, Mr BATTIN (Gembrook) — I rise to support the manslaughter, arson causing death, trafficking in large Criminal Procedure Amendment (Double Jeopardy and quantities of a drug or drugs of dependence, cultivation Other Matters) Bill 2011. Prior to beginning my speech, of a large commercial quantity of narcotic plants, rape and it is with caution that I deliver the first part of my and armed robbery if the offence is committed in speech, I would like to put on record that my thoughts circumstances where torture is involved, where the are with the families who have been left behind or who offender caused really serious injury to the victim or have gone through court processes or trials where they where the offender threatened to cause death or really believe there was no result. In life, we should never lose serious injury to the victim. hope. It is what drives us. Some crimes are against an entire community and leave an everlasting impact. The An acquittal is tainted if the accused or another person community feels that everyone is entitled to a fair trial; has been convicted of an administration of justice however, Victorians also want a result that is just. offence in the original trial and it is more likely than not that the person would have been convicted of the This bill delivers on an important coalition election offence at the trial if it had not been for the commitment by implementing the 2007 Council of administration of justice. This exception applies to Australian Governments agreement on double jeopardy offences that carry a maximum penalty of 15 years reform. The current law does not allow for the retrial of imprisonment. An administration of justice offence any offence in Victoria, so should a person be acquitted means perjury, perverting or attempting to pervert the or found not guilty, they get to walk away even when course of justice, conspiracy to pervert the course of the evidence may have overwhelmingly meant that they justice or bribery of a judge of the County Court or the should have been convicted. The Victorian people have Supreme Court. This exception applies to all indictable the right to be assured that a fair trial will ensue on offences. behalf of the state if further evidence comes to light at a later date. Subject to an urgency exception, new section 327E requires the Chief Commissioner of Police, a deputy This is a significant reform to criminal law in Victoria commissioner or an assistant deputy commissioner to which will allow a new trial in just three situations: seek written authorisation from the Director of Public where there is fresh and compelling evidence, where Prosecutions (DPP) before police can carry out certain the acquittal is tainted and where there is fresh evidence reinvestigation powers, including the questioning and that an administration of justice offence has been search of the person, the conducting of a forensic committed with respect to the original acquittal. The procedure on the person and the taking of fingerprints. circumstances in which new trials may be allowed in all These are some of the safeguards that have been put in three of these situations are tightly defined, and there place to ensure that no agency has the right to are safeguards built into the model to ensure that it is reinvestigate any trial in which there was an acquittal not abused or used to continue a trial unnecessarily. I simply to ensure that they get a result and so they do will discuss these safeguards later in my contribution. not just continue to chase someone down. There are safeguards in place to protect the people of Victoria as well. CRIMINAL PROCEDURE AMENDMENT (DOUBLE JEOPARDY AND OTHER MATTERS) BILL 2011

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The specific investigative powers set out under the see protection from double jeopardy as something that definition of reinvestigation are all powers that directly should remain enshrined within our justice system and affect the person acquitted of the earlier offence or their be unchallenged. The Victorian Bar has said: property. A further safeguard is that following a reinvestigation the DPP may decide to directly indict an The double jeopardy rule is valuable for the rule of law in our society because its effect is well understood by lawyers, accused, but the DPP can only proceed with the police and the community. It protects the liberty of the application if the Court of Appeal authorises it under individual against the power of the state. While there may be new section 327O. The DPP has to apply to the Court arguments in favour of winding back the double jeopardy of Appeal within 28 days of the direct indictment being rule, achieving a just legal system depends on a whole range of considerations and on balance the principle of double filed unless time is extended under new section 327I jeopardy should not be overturned. and must otherwise discontinue the prosecution. The Victorian Bar further argues the need for finality The fresh and compelling evidence exception is limited for the participants in criminal cases. However, it must to where there is a change in the available evidence. In be said that for the victims and the families of victims other words, it does not simply extend to allow the of serious crime there is no finality when there is no prosecution a second chance to convict the accused. It conviction. I cannot begin to understand what it is like is important that police and the prosecution prosecute for the victims and the families of victims of crime or vigorously and not rely on the possibility of an what they go through — the pain, suffering and exception to double jeopardy as a reason for not never-ending questions of what one could have done to investigating thoroughly and introducing available and prevent such crimes. Often these questions remain relevant evidence at the original trial. The provision unanswered. does not operate to excuse or compensate for prosecutions based on inadequate investigation. I went I am concerned that the government has cruelly, albeit through the relevant offences to which this exception unintentionally, raised expectations for new trials in applied, one of which was murder. An amendment has high-profile cases, particularly when interstate and also been made to include the offence of child international examples show that new trials are very homicide, which I think is important. Its inclusion came rare. It is almost eight years to the day since the out of recent reports, and I think it is important that we attorneys-general of Australia released a discussion have that put in. paper on double jeopardy reform. Victoria is now following the lead of a number of jurisdictions, I will finish up. I commend the bill to the house and including New South Wales, Queensland and the support the government in its proactive stance on crime. United Kingdom, the latter being from where much of our common law emanates. This should not be seen as 16:40 Victorians want a fair and reasonable justice system, the abolition of the principle of double jeopardy; rather, but the thing they want more is a just result. As I it is a modification. The proposal is based on the model commend the bill to the house, I finish by referring to a put forward by the Council of Australian Governments, recent article in the Herald Sun, which says: which relies on a determination either that there is Police, and most members of the public, would argue there’s ‘fresh and compelling evidence’ or that a previous no shortage of public interest in getting a conviction in cases acquittal was tainted as a result of factors such as like Walsh Street, the Russell Street bombing that killed perjury or bribery of a witness. policewoman Angela Taylor in 1986, and the murders of two more policemen, Gary Silk and Rod Miller, at Moorabbin in Labor is wary about the circumstances in which police 1998. can reinvestigate without prior approval of the Director All three were not just random attacks on police but a brazen, of Public Prosecutions. However, I note that the bill brutal challenge to the rule of law. Convictions were achieved allows only the most serious cases to be considered in only two of the three. under these proposals and that for a case to be Some cases simply demand to be solved … re-presented to the courts it must be the DPP and not the police that makes such a determination. Setting Ms KAIROUZ (Kororoit) — I welcome the aside a tradition that has stood for some 800 years opportunity to speak in the debate on the Criminal should not be done lightly. Labor believes that real Procedure Amendment (Double Jeopardy and Other reform is required if it is in the best interests of justice Matters) Bill 2011. In a small number of countries, to do so. If a person has committed a crime and got including the US, India and Mexico, protection from away with it and there is a chance for that person to be double jeopardy is enshrined in the constitution. In retried, then Labor believes that justice should be other countries where protection from double jeopardy exists such protection is provided by statute law. Some CRIMINAL PROCEDURE AMENDMENT (DOUBLE JEOPARDY AND OTHER MATTERS) BILL 2011

Wednesday, 23 November 2011 ASSEMBLY PROOF 65 served. In closing, these eloquent words of John Stuart The deaths in 1988 of Steven Tynan and Damian Eyre 16:50 Mill are apt: prompted a public response that grew to become Blue Ribbon Day, and many of us in this house wear a blue As long as justice and injustice have not terminated their ribbon during September to honour the policemen and ever-renewing fight for ascendancy in the affairs of mankind, human beings must be willing, when need is, to do battle for women who have died serving the community. Many the one against the other. members of the public have maintained their rage when people such as the four who were brought before the Labor does not oppose the bill. I wish it a speedy courts and charged with the Walsh Street murders were passage. all acquitted, and certainly the changes to these laws will provide the opportunity for these cases to be tried Mr SOUTHWICK (Caulfield) — I rise to speak in again if there is compelling evidence. the debate on the Criminal Procedure Amendment (Double Jeopardy and Other Matters) Bill 2011. The The Council of Australian Governments argued for bill will improve community safety by ensuring these changes in June 2007, and I am pleased that the outcomes and reducing complexity while delivering on opposition is supporting the bill; however, I note that a key government election commitment. I begin my we have been very late in changing these laws and have contribution by putting on the public record my fallen behind other states and jurisdictions. When the sympathies to the victims of crime, whose lives are opposition was in government, it had every opportunity turned upside down due to absolutely no fault of their to do something about it; the former Attorney-General own. If justice is not seen to be done when someone is had the opportunity but did not take it up. It is wrongfully acquitted, particularly when compelling disappointing to see when you look at the other evidence arrives at a later date, that makes matters far jurisdictions in the UK or New Zealand that they have worse. I talk from personal experience. The father of already introduced similar legislation. my brother-in-law was murdered in his mechanics store in Brunswick. In that circumstance the person was In Australia, Victoria lags behind all the other states. convicted, but over some 10 years my brother-in-law, South Australia changed its laws in 2008, Western his family, his mother, my sister and others have lived Australia in September 2011 and Tasmania in 2008 with it every single day of their lives. The victims of when amendments were introduced to allow retrial of crime are often forgotten when these situations arise. serious cases in 2008. In October 2007, Queensland With these changes to the double jeopardy laws we are modified its laws to allow for retrials when fresh and seeking to ensure that when evidence is later found that compelling evidence became available after an acquittal somebody has committed a crime there is an of murder or a tainted acquittal for a crime carrying a opportunity to seek a retrial and have justice done. 25-year or longer sentence. In all these states the laws were changed when the opportunity presented itself. As There are a number of things I want to talk about, but I mentioned, the Council of Australian Governments firstly it is important to define double jeopardy, which recommended the changes in 2007, but the Brumby is a procedural defence that forbids a defendant from government refused to adopt them. being retried on the same or similar charges following a legitimate acquittal or conviction. We all remember the We are certainly honouring our election commitment of 1999 thriller Double Jeopardy, which stars Tommy Lee getting on with the job, and in doing this we have set Jones and Ashley Judd. It depicts a woman who is three specific reasons for retrial. They make it very framed for murdering her husband, who is later found clear and ensure that there is the opportunity to seek a to be alive, and then has the ability to carry out the deed retrial: firstly, on fresh and compelling evidence; because she has already been tried. We say it happens secondly, where there is a tainted acquittal: and, thirdly, only in Hollywood, but in Australia many situations when fresh evidence that an administration of justice have arisen, and previous speakers have spoken of has been committed. These are three opportunities to them, in which further evidence has come to light at a seek a retrial. I want to talk a little bit about those three later time. Changes to the double jeopardy laws would instances, starting with when there is an opportunity for in those circumstances allow a retrial. fresh and compelling evidence against a person, which really refers to DNA evidence. Obviously DNA I cite the case of the Walsh Street acquittals, the future evidence was not available before but is available now, of which still hangs in the balance. The double jeopardy and if it links a person to a murder or points to a person rule has prevented the accused from being tried twice having committed a murder, then the exemption from for the same events. Many members of the public the double jeopardy principle will apply. These are all would argue that it is in the public interest to get a serious crimes which range from murder and conviction when it comes to these sorts of cases. manslaughter to arson causing death, from trafficking CRIMINAL PROCEDURE AMENDMENT (DOUBLE JEOPARDY AND OTHER MATTERS) BILL 2011

66 ASSEMBLY PROOF Wednesday, 23 November 2011 large commercial quantities of drugs of dependence to important principle of the law it is important that sexual penetration, rape and robbery. modification or diminution of that principle be limited where possible. In this case there are limitations on the The second area to which the law applies is where the changes to the rules around double jeopardy. Firstly, original acquittal was tainted — for example, when an there are limitations in terms of the application. The administration of justice offence such as bribery of a circumstances where the Court of Appeal may set aside witness or perjury takes place. In this instance the an acquittal and allow prosecution of a charge to exemption will apply for offences with a maximum of continue are limited, as has been outlined by others, to 15 years imprisonment or more. We are not talking three instances: fresh compelling evidence, tainted about minor crimes; we are talking about major crimes, acquittals and administration of justice offences. and if it can be determined that evidence has been tainted, then the law would allow a retrial. Particularly in the first two cases there are in effect 16:57 significant limitations on the potential for a double The third area to which the law applies is where fresh jeopardy prosecution, because the crimes we are evidence has arisen that a person has committed an dealing with are very serious. This has been touched administration of justice offence in respect of acquittal. upon by other speakers, but some of the crimes being This also applies to indictable offences. dealt with include murder, conspiracy to commit murder, incitement to commit murder, manslaughter, In all of these cases the reforms allow for an assurance arson causing death, the cultivation of a large quantity that there are safeguards and provisions. Let me say of narcotics, rape and armed robbery. It is worth noting there is only one more opportunity to get a go at this. that the armed robbery crimes include armed robbery The Director of Public Prosecutions needs written that involves torture, being a deliberate and systematic authorisation when there are search warrants, and infliction over a period of time, and severe pain to the police will not have the opportunity to have another go victim on the commission of the offence. I note that at trialling somebody. The evidence needs to be one, because it gives an insight into the sorts of crimes compelling to enforce a second trial, and a retrial will we are dealing with. Those offences are the ones to not be looked at unless there is that sort of evidence. which the fresh and compelling evidence criteria could This is a very important bill that honours a commitment be applied. we took to the election, and it will improve safety There are also limitations in that essentially there is within our community. Cases like Walsh Street need to only one chance. If there is an attempt to bring a double be solved, and justice needs to be done. I commend the jeopardy prosecution against someone and to reopen a bill to the house. case where there has been an acquittal, there cannot be Mr SCOTT (Preston) — I rise to speak on the multiple bites at the cherry, so to speak. It is not simply Criminal Procedure Amendment (Double Jeopardy and the case that prosecutors can come again and again until Other Matters) Bill 2011. As has been stated, Labor’s they get a result. Such circumstances would have position is that it is important to allow a second obvious difficulties; there could be political or other prosecution of an acquitted person if it is in the interests circumstances. There could be a particularly high of justice to do so. In saying that I briefly comment that profile case where there was pressure to continually while the sub judice rules of the Parliament would not seek the prosecution of a person who had been apply to a number of the contributions to debate, I am a acquitted until there was a result. That is obviously little nervous about the potential impact that canvassing something I would hope all members would seek to the details of individual cases may have on any future avoid. These are serious matters that should be dealt proceedings, but I will leave it at that and just draw to with carefully. From the perspective of the Labor Party the attention of the Deputy Speaker that members and its members, it is important that the removal of should perhaps be a little bit careful considering the double jeopardy be only in limited circumstances. serious matters that are involved. There are other limitations in addition to that of only As has been stated previously, the original law against one new trial, which are: a retrial cannot be sought if double jeopardy is a very old tenet of the common law. the offender has been convicted of a lesser offence on According to my understanding it is over 800 years old the basis of the same facts; and a retrial cannot be and has provided an important protection. However, sought if the offender has been acquitted on the grounds where a person has clearly and undeniably, say, gotten of insanity or if there is a presumption that bail will be away with murder, there is a reasonable expectation granted in the event of a new indictment. It is important that justice can be served. But in dealing with any that persons who have been acquitted are presumed to be innocent. Like for anyone else in our system of law, CRIMINAL PROCEDURE AMENDMENT (DOUBLE JEOPARDY AND OTHER MATTERS) BILL 2011

Wednesday, 23 November 2011 ASSEMBLY PROOF 67 there should be a presumption of innocence. I will not Mr NORTHE (Morwell) — It gives me pleasure to go through all the limitations, but it is important to rise this afternoon to speak on the Criminal Procedure indicate that in this case we are dealing with serious Amendment (Double Jeopardy and Other Matters) Bill crimes and that dealing with the procedural issues that 2011. This bill essentially amends three acts, one being relate to the removal of the principle of double jeopardy the Criminal Procedure Act 2009. It provides involves a number of key limitations, which gives exceptions to the rule against double jeopardy that comfort to members on this side of the house regarding would permit a person to be tried or retried in certain the limited role it would play. circumstances, despite a previous acquittal. That is the main purpose of the bill. It does a number of other Other speakers have touched upon the fact that the things, including amending the Public Prosecutions Act removal of double jeopardy has occurred in a number 1994 in relation to the functions of the Director of of other jurisdictions. It is my understanding that there Public Prosecutions, and amending the Appeal Costs have been a limited number of prosecutions, because in Act 1998 to provide for indemnity certificates where the jurisdictions where double jeopardy has been the DPP applies to continue a prosecution after a removed, not many opportunities have been afforded to previous acquittal. prosecutors to bring prosecutions where there had been previous acquittals. However, it is important to As I said, the main component of this bill relates to understand — and this relates particularly to the fresh double jeopardy reforms, as previously committed to by evidence aspect — that there have been significant the Attorney-General, which was yet another election scientific advances. I am thinking of areas such as commitment from our government. I refer to a media information and communications technology and release of 14 September 2010 in which the now genetic material being found at crime scenes, and in Attorney-General raised these matters and sought to put some areas of science there are new developments on the table that this was a coalition election almost on a daily basis that create the potential for new commitment. In the media release he said: evidence to be tendered which could not have been tendered at the time of a trial. Double jeopardy laws prevent a person from being tried more than once for the same alleged offence, and have in most cases performed a valuable role in protecting an innocent It is important that, in law, people literally should not be citizen against being the subject of multiple prosecutions and able to get away with murder. I would hope that provided certainty and finality in the justice process. members of both sides who support this bill and its passage through the house — and Labor does not That has also been alluded to by other members in oppose this bill — would support the principle that relation to what double jeopardy essentially means. In people should not get away with murder where there is the media release the Attorney-General went on to say: new, fresh and compelling evidence. In dealing with the … there are occasions where a retrial should be allowed, criteria of fresh and compelling evidence, I indicate that when it becomes clear through compelling evidence not that, too, is limited. The evidence must be reliable, available at the time of trial that it is highly likely that the substantial and highly probative in the context of the acquitted person is guilty, or where it is established that the issues in dispute at the trial of the offence, and, as has original acquittal was based on a perversion of the course of justice such as perjury or the bribery or intimidation of a been mentioned by previous speakers, the evidence juror. must not have been able to be produced at the original trial, even with the exercise of reasonable diligence. That gives a brief summary of what is before us today These limitations — in effect these qualifiers — on the and what we seek to do. Yesterday in question time, removal of double jeopardy are very important. It is when addressing a question in regard to strengthening important to ensure that there is broad support for these Victoria’s criminal law, the Attorney-General spoke changes and that our justice system retains the key core about a number of measures that the coalition principles that have underpinned it for hundreds of government has adopted and about measures it seeks to years. adopt in the future, such as having suspended sentences abolished in the higher courts for serious and significant I will keep my contribution reasonably brief, but I will offences. We have also established and declared that say that I am slightly concerned that matters relating to serious bullying is a crime; that has been debated in the particular cases may be canvassed too widely. I fear the house in recent times. We have had a recent debate on potential use of that and the impact it might have. It community-based sentences, and there has been some would be wise for all members to discuss the details of reform on that as well. We have also had debate on the principles involved but not discuss individual cases strengthening Victoria’s public prosecution service as in any particular detail. well as a number of other strong measures. This is just CRIMINAL PROCEDURE AMENDMENT (DOUBLE JEOPARDY AND OTHER MATTERS) BILL 2011

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another key measure that the Attorney-General has jurors may have been bribed or intimidated. One would advanced. hope that that would never be the case, but that provision is there for protection in any case. The third In terms of the current situation, double jeopardy is, as aspect is where the prosecution wants to bring charges we know, a longstanding common-law right that is for an administration of justice offence where there is recognised right around the world. From the fresh evidence that the accused committed perjury or Victorian perspective, it is recognised in human rights another administration of justice offence at a trial where treaties and also in the Victorian charter act. As I the accused were acquitted of an indictable offence. alluded to earlier, double jeopardy exists to ensure that Those are the three key areas where the rules and there is fairness to accused persons by providing them regulations operate with respect to double jeopardy. with protection against being the subject of multiple prosecutions and to add that finality to the criminal There are some key points which I will quickly raise. process. Other speakers have alluded to the fact that the Director of Public Prosecutions can only have one application 17:07 The bill itself seeks not only to adopt our election for a retrial in regard to any particular acquittal, so we commitment, as I referred to earlier, but also, as other cannot have the DPP going back to the well, so to members have alluded to, to reflect a particular model speak, on these particular matters. In terms of police approved by the Council of Australian Governments in obligations in their investigations and inquiries into a 2007, which it is based on. criminal matter in this regard, the police require written authorisation from the DPP prior to being able to What we have before us now provides that a new trial question a particular suspect or carry out surveillance in can be ordered where there is compelling new evidence respect of a particular matter, save for situations where that a person previously acquitted of a serious crime is cases are urgent and there is a need to preserve in fact guilty. In terms of the practical process involved, evidence, so there is a proviso on that particular point. the Director of Public Prosecutions will be able to apply to the Court of Appeal for a new trial, and there are Other members have spoken about double jeopardy elements that make that applicable and elements that do laws and how they operate in other jurisdictions. In not. As the member for Caulfield referred to in his Australia we already have the states of New South contribution, there are three carefully defined crimes Wales, South Australia, Tasmania and Queensland that and situations where this can occur. have already legislated to modify their double jeopardy laws. From an international perspective we have New Firstly, there is the case where there is fresh and Zealand and England, which have also done likewise, compelling evidence. That might be in the form of a so we are a little bit behind in terms of where we are in subsequent confession or some new DNA evidence. respect of double jeopardy laws. H it is pleasing to see The previous speaker spoke about technology and how that the Attorney-General and the coalition government it has advanced over time. Whether that be in the form are adopting these laws. It is important legislation, and I of DNA evidence or in the form of surveillance, the believe it has been very well received by the technology we have available these days for use in community generally. investigating crime has been greatly enhanced compared to what it was previously, so that is an Other members have referred to the fact — and it has important part of the conversation as well. It is certainly been conveyed to me in my electorate over a important to note that there are particular crimes where period of time — that it is really difficult to fathom that double jeopardy will be adopted. They will be the most violent criminals could be seen to be literally getting serious of crimes. Other members have also spoken away with very serious offences, including murder. I about that. It could be for any of the offences of murder, think the opposition is generally supportive of the manslaughter, aggravated rape, aggravated armed legislation before us. That is great to see, because on robbery, commercial drug trafficking or commercial the one hand it is well recognised that not only should drug cultivation. It is in the cases of all of the most somebody have access to a fair trial — we seek to do serious of crimes where these double jeopardy reforms that — but on the other hand we must also recognise could apply. that we have victims of crime who likewise would hate to be in the invidious position whereby somebody has The second point we need to make with respect to this admitted to guilt of a serious offence yet the law allows is that double jeopardy laws could apply where an that particular criminal to literally get away with a original acquittal for a serious crime was tainted. That series of serious offences such as murder. could be along the lines of where, for example, the accused or a witness has committed perjury or where CRIMINAL PROCEDURE AMENDMENT (DOUBLE JEOPARDY AND OTHER MATTERS) BILL 2011

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As I said, this is one of a number of reforms the an acquittal and allow the prosecution of a charge to Attorney-General has put in place since coming to continue afresh. government. This is a strong step in the right direction which is well supported by many in the community. Three fairly high bars of exceptions must be achieved With those few words I commend the bill to the house. before the Director of Public Prosecutions may apply to the Court of Appeal. As other speakers before me have Mr FOLEY (Albert Park) — I rise to make a few said, these bars deal with the general areas of, firstly, comments in regard to the Criminal Procedure fresh and compelling evidence; secondly, the notion of Amendment (Double Jeopardy and Other Matters) Bill tainted acquittal; and, thirdly, circumstances where 2011. As others before me have said, the opposition administration of justice offences have been the basis of will not be opposing this legislation. As others have the DPP’s application under this bill to the Court of also said, this bill amends the Criminal Procedure Act Appeal. 2009 in a way based on the model provisions approved by the Council of Australian Governments (COAG) to In each of the three exceptions the Court of Appeal deal with the issue of double jeopardy — that is, how to must be satisfied that a new trial of the offence would handle previous acquittals. be fair, having regard to a range of factors, including the length of time since the commission of the alleged As we know, under the common law the special plea of offence, any failure on the part of the police or the previous acquittal or being formerly acquitted is a bar to prosecution to act with diligence or expedition in criminal prosecutions on the basis that the accused has making the application to the court and any other already been tried on the same charge on the same facts relevant matter that either the DPP or the court can take before a court and therefore should stay acquitted. As into account in the particular circumstances of others before me have said, this bill seeks to deal with particular matters, should they make their way that far. the prospect of a double jeopardy defence, which essentially places an accused person at risk of being Other important amendments in this context go to how convicted of the same crime in respect of the same the police reinvestigate a matter after an acquittal. The conduct on more than one occasion. As we have heard, DPP must first give written authorisation before the this goes to the basis of the English common-law police may reinvestigate the offence where there has system that the Australian jurisdictions and the been a previous acquittal. This procedure can be commonwealth jurisdictions have inherited from our bypassed in only very exceptional circumstances colonial forebears. requiring expeditious action to prevent any perceived outrages against the rights of different parties. A range 17:15 In that respect, it is very much the golden thread of the of other steps in the process put reasonable hurdles in British judicial system as it applies in the Australian the way of the DPP, the police and the Court of Appeal and Victorian jurisdictions. Tampering with that golden in making such applications for the removal of the thread is not something that anyone would undertake double jeopardy and previous acquittal provisions. As lightly. That is why the COAG position in 2007 was the others have said, the bill makes a range of other subject of quite extensive discussions and negotiations amendments to other acts, including the Confiscation across jurisdictions and why a number of jurisdictions Amendment Act 2010 and the Equal Opportunity Act around Australia — and others around the world with 1995, and it addresses a couple of other bits and pieces the British common-law system of justice — deal very along the way. carefully with this issue. We have seen that in most of the states of Australia, in New Zealand with its As has been said, the opposition will not be opposing Criminal Procedure (Reform and Modernisation) Bill the bill. In my concluding remarks I draw the attention 2010, in England and Wales with various amendments of the Attorney-General, as I am sure others have, to the to their legislation from 2003, in Ireland in 2010 and in comments in Alert Digest No. 14 of 2011 from the Scotland only this year. Scrutiny of Acts and Regulations Committee (SARC), dated yesterday, Tuesday, 22 November. In dealing As members have heard, in 2007 COAG established an with this issue, the committee says at page 7: agreed model for how to proceed with the double jeopardy provisions that are in amendments made by Whilst the committee appreciates the distinction between substantive criminal law and procedural law it is nevertheless the bill before us. What we see in the bill and the the case that the proposed changes will expose persons to Attorney-General’s second-reading speech is that new criminal liability in circumstances where the current plea chapter 7A is inserted to reform the common-law rules of … against double jeopardy. That chapter details the circumstances where the Court of Appeal may set aside previous acquittal — my Latin is not too good — CRIMINAL PROCEDURE AMENDMENT (DOUBLE JEOPARDY AND OTHER MATTERS) BILL 2011

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provides a bar or an estoppel to a second trial for the same message to potential perpetrators, saying: this is just not offence based on the same or substantially the same facts. on. We are talking about only the most serious That is the whole point of the bill. On the same page offences, which I will go to in a minute. SARC goes on to say: As I said, this bill is very important to the victims of Subject to the committee’s charter report below, the question crime, and it is a very important part of this whether the limitations on the special plea of … government’s commitment to ensuring that members of the community feel safe, that they are being heard and previous acquittal — that for the most serious offences justice is being done. as they may apply to past acquittals, are proportionate and Currently a person cannot be tried a second time if they reasonable, are matters for the consideration of the have been acquitted at trial. That rule will be removed Parliament. in some of the most extraordinary circumstances. Looking at some of the places around the world where That whole notion of what is proportionate and the double jeopardy rule has been reformed — for reasonable is the key public policy issue that this example, New Zealand, Scotland, Wales, England and Parliament is being asked to consider in debating this jurisdictions in other states of Australia, which I will bill. By courtesy of the fact that the opposition is not come to in a moment — no cases have been subject to opposing the bill as it is based on the model provisions these laws. of the 2007 COAG arrangements, the opposition is not suggesting one way or another whether the government In the United Kingdom in general and England in has that right. History will be the judge of that in the particular there have been fewer than a handful of cases application of this legislation in particular where there has been a desire to have a person retried circumstances. Nonetheless, the whole notion of under the double jeopardy reform. As I said, the bill proportionate and reasonable actions by other than the deals with only the most serious of offences. An awful DPP or the Court of Appeal will be the ultimate test on lot of criteria have to be met before this can happen. As which this legislation stands or falls. In that respect, if somebody said before, it is not a matter of someone just he is to summarise at the end of this debate, it would be having another bite at the cherry or double-dipping. If a important for the Attorney-General to consider and prosecutor does not achieve the outcome they want, reflect on some of the matters proposed by SARC in they cannot just apply to have that person tried again. this report it has helpfully provided to the house. With those few brief comments, I conclude my remarks. There needs to be a procedure, and there are three types 17:25 of cases which enable an offence to be tried again, Mrs VICTORIA (Bayswater) — I am very pleased including where there is fresh and compelling evidence. to rise to speak on the Criminal Procedure Amendment New witnesses may come forward who were too scared (Double Jeopardy and Other Matters) Bill 2011. This is to come forward at the time of the original trial. If that a realisation of one of the government’s commitments is fresh and compelling evidence, those witnesses may in the 2010 election campaign, which was that if we well be able to give that evidence. Also because of new had a Baillieu-led government, we would certainly sign technologies there may be an opportunity to re-examine up to what the Council of Australian Governments some of the evidence. DNA is an obvious example of a (COAG) had done back in 2007. I note that many states technology that has come an awful long way, even in that signed up have gone ahead and introduced these the last decade. If cases from even multiple decades ago sorts of laws. We are just a little tardy here in Victoria. still have evidence in existence and the circumstances It has taken a Baillieu government to bring this bill to can be looked at again through DNA testing or other the fore. In a minute I will go through what some of the means, then that should be allowed to happen. There other states have done. could also be a double jeopardy retrial if there was an acquittal where some of the original evidence could be The primary function of this bill is to amend the shown to have been tainted. I will come back to that Criminal Procedure Act 2009 and the Public point. That can only take place if the offence was Prosecutions Act 1994 to remove the double jeopardy serious enough to carry a minimum penalty of 15 years rule in cases where, under three different imprisonment. There is also the administration of considerations, there is good reason to do so. Before I justice offence argument, which can be applied to all go through those considerations, the idea behind indictable offences. introducing this bill is that the law needs to be just and fair. When a person is brought to trial, obviously a fair I want to go through these three types of cases in a little and just outcome needs to be the result not only for the bit more depth. As I said, fresh and compelling victim but also to ensure that we are sending the right evidence is one case, and that is dealt with by new CRIMINAL PROCEDURE AMENDMENT (DOUBLE JEOPARDY AND OTHER MATTERS) BILL 2011

Wednesday, 23 November 2011 ASSEMBLY PROOF 71 section 327C, which is inserted by clause 17. That have done is particularly good. In some jurisdictions in applies where there is evidence that was not admitted at the United Kingdom they have had exemptions to the original trial and could not have been admitted at double jeopardy for a little while, and the ability to gain the original trial. It may have been because it was just an exemption from the double jeopardy rule has been not there and either, as I said, someone has come used very seldom. It will be used very seldom here as forward or procedures and technical advances have well, but it is nice that it is there in the case where allowed for that new evidence to come to light. It something has gone completely wrong. cannot be that the evidence was simply missed; it has to be that the case that it was not able to be presented at This is a very good day for the victims of crime and for the original trial. The fresh and compelling evidence the legal system. We now know that as technology exception to double jeopardy will only be able to be advances and we have more capability to go back and applied to the offence of murder and related offences look again at evidence that there is the option to reopen such as conspiracy to commit murder and attempted a trial and say, ‘We potentially have it wrong’. This is a murder, manslaughter, arson causing death, trafficking very good day for all Victorians. This is a very bold in a large commercial quantity of a drug of dependence, step by the Baillieu government. It is something we cultivation of a large commercial quantity of narcotic promised we would do. We have fulfilled yet another plants, rape and armed robbery in circumstances where one of the promises we made leading into our first year torture was inflicted, really serious injury was caused or in government — and a very good year in government death or really serious injury was threatened. it has been. This is a fantastic step forward. I commend the bill to the house, and I hope it has a speedy passage The second of the three exceptions to double jeopardy through both houses. which mean a retrial may be brought about is in cases where the acquittal may have been tainted. As I said, Ms BEATTIE (Yuroke) — I also rise to make a few this is for offences where the minimum penalty is at brief remarks on the Criminal Procedure Amendment least 15 years. Where the trial or the acquittal is said to (Double Jeopardy and Other Matters) Bill 2011. As be tainted, the prosecutor will be able to reinvestigate others before me have said, Labor does not oppose this and apply for a new trial. The third exception is for bill. I am not comfortable with drawing attention to administration of justice offences, and this basically various cases that may be subject to the bill. I intend to relates to things like perjury, perverting the course of speak only generally on the bill rather than naming justice, conspiracy to pervert the course of justice and some of those high-profile cases. those sort of things. It could be to do with, for example, the bribery of the judges in the case, which would be at This bill should give some victims of crime some 17:32 the County Court or Supreme Court because of the type comfort. of offences we are dealing with. These are very good, The law against double jeopardy is a longstanding one; progressive and tight examples of the type of things that it spans some 800 years of the criminal law system. can be taken into account. Double jeopardy cannot Typically double jeopardy is the prosecution of a happen for any old parking fine or anything like that. It person for the same offence for which that person has has to be the most serious of offences, and it has to previously been acquitted. As the law stands at the meet one of those criteria. It is interesting to see that current time, you cannot bring that person to trial again. amongst those who support these changes are Victoria It has been an important foundation of our legal system, Police and the Office of Public Prosecutions. They are because you should not be able to pursue a person very happy with the changes. forever when they have been acquitted unless there is I want to talk a little bit about the other jurisdictions in compelling evidence that something has gone astray or Australia. As I said, in 2007 a COAG agreement was fresh evidence has been found. signed and most of the other states have already When we watch episodes of CSI on television, we see brought in these reforms. South Australia and Tasmania them putting something in a little shaker and whizzing have adopted the COAG model. New South Wales and it through a computer, and within the hour they have Queensland have more limited models. Queensland has found the person who is guilty of the crime — it is all limited the reasons for a double jeopardy retrial to fresh over in a hour. Many members of this house with a and compelling evidence and to the offence of murder. legal background and those with a policing background In New South Wales it has been limited to murder and know that this simply is not true and that to get any sort other life imprisonment offences, including aggravated of conviction requires hours and hours of painstaking versions of those offences, which we also cover in the work. However, you do not throw 800 years of tradition bill. Some would say we have gone a little bit further out of the window lightly. I am convinced that in this than some of the other jurisdictions. I think what we CITY OF MELBOURNE AMENDMENT BILL 2011

72 ASSEMBLY PROOF Wednesday, 23 November 2011 bill, which I must say is very well drafted, the checks I also want to say something about the person who has and balances are in place to protect those who have been acquitted. It is important to regard them in the been acquitted from just being dragged before the court same way as at the original trial — that is, that until time and again. Indeed you can only be retried once, they are found guilty, they are innocent of that crime. and this is only for the most serious of crimes. As has been stated, this bill is based on a model agreed Honourable members interjecting. to by the Council of Australian Governments in 2007. Other jurisdictions already have some laws in place to Ms BEATTIE — I know the member for reflect that agreement. New South Wales, Queensland Richmond is listening intently to my contribution. and South Australia have adopted similar models, and some international jurisdictions have them as well. The fresh evidence provision applies only to the most serious crimes, including manslaughter, arson causing With those few remarks, I wish the bill a speedy death, rape and large-scale drug trafficking. What do passage. As I said in my opening remarks, I am not we mean by ‘fresh evidence’? Fresh evidence is comfortable stating which cases these laws should evidence that was not adduced at the original trial and apply to; that will be for finer minds than mine. The could not have been, even with the exercise of silks will trot out the new evidence, and it will be tested reasonable diligence. If the evidence was there but was before a court of law. That is where the evidence should not led at the first trial, then it is not fresh evidence; it is be tested, not on the floor of the Parliament of Victoria. just evidence that the prosecutor chose not to lead. ‘Compelling’ means that the new evidence is reliable, Debate adjourned on motion of Mr SHAW substantial and highly probative. A new trial may be (Frankston). allowed where there has been a tainted acquittal for a crime for which there is a penalty of 15 years or more. Debate adjourned until later this day.

I would like to talk about some of the checks and balances in this extremely well drafted bill. The police CITY OF MELBOURNE AMENDMENT will require authorisation from the DPP (Director of BILL 2011 Public Prosecutions) to commence an investigation into someone who was previously acquitted, except in cases Second reading where urgent action is required to prevent irrevocable Debate resumed from 9 November; motion of prejudice to an investigation. In such a case an interim Mrs POWELL (Minister for Local Government). approval may be sought by a senior member of the Victoria Police force, so it is not just somebody who Mr WYNNE (Richmond) — I rise to make a imagines themselves to be a policeman but somebody contribution to the City of Melbourne Amendment Bill who is very senior in the police force — a chief 2011 on behalf of the opposition. I indicate at the outset commissioner, a deputy commissioner, or an assistant that the opposition does not oppose the bill, because it commissioner — with the DPP confirming that as soon brings the City of Melbourne into line with other as possible. The DPP must make an application to the municipalities. Court of Appeal for a new trial within 28 days. Those checks and balances are in place. As members of the house would be aware, the overall legislative structure of local government is dealt with At a new trial the prosecution cannot make reference to by the Local Government Act 1989, but there is also a the Court of Appeal that the new evidence has been City of Melbourne Act 2001. What this bill does is alter compelled or that there has been a tainted acquittal. If it the City of Melbourne Act 2001 to empower the mentions that there has been a tainted acquittal, it may government to implement the recommendations of the risk a retrial. While we believe this is an important bill, electoral representation review of the city of Melbourne we do not believe people should be allowed to get away undertaken by the VEC (Victorian Electoral with murder. As other speakers have alluded to, this is Commission) without making further legislative not a law that is used extensively. It has been used very change. This brings the City of Melbourne in line with sparingly, and convictions have been very rare indeed. all other municipalities. We think that is an entirely We support that. We do not think these laws should be reasonable thing, because it is appropriate for the trotted out every day; they should be used most Minister for Local Government, on the advice of an sparingly. independent body such as the Victorian Electoral Commission, to implement those recommendations. CITY OF MELBOURNE AMENDMENT BILL 2011

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17:42 To give a further brief overview of the bill, it also sets Valley ran straight through the middle of the out a number of minor amendments to schedule 1 of the Kensington shopping centre, up Macaulay Road, which City of Melbourne Act 2001, which sets out new made things very difficult from the point of view of deadlines in the election process relating to the having a coordinated approach to how those very registration of groups, voting tickets and how-to-vote important strip shopping centres operated going cards. I may stand corrected, but I think it also brings forward. the City of Melbourne into line with the time lines of other municipalities to give consistency across local We all learnt from that, and when we changed the governments. It is a sensible thing that we should have external boundaries of the city of Melbourne to a consistent approach across all municipalities. essentially include Kensington in toto back in the city Currently there is a VEC review being undertaken. The of Melbourne, we made sure that the strip shopping last time there was a review of the City of Melbourne centre remained within one government structure, and was in 2001 when the then Minister for Local in this circumstance it was that of the City of Moonee Government, Bob Cameron, indicated that a review Valley. That was a good decision and one that I hope was in order. The review was subsequently undertaken, was a portent for any external boundary reviews that and the recommendations of the Victorian Electoral the current government may seek to undertake in the Commission were implemented at that time. future, although I do not presuppose that, because it is important when we go about these processes that we This has been a hotly contested issue within the city of recognise that there are communities of interest in all Melbourne, certainly in my time as minister. The our residential areas and that we value in particular our Minister for Local Government is at the table, and both strip shopping centres as an important part of the of us in our various capacities have received quite economic and social vitality of especially the inner city, extensive representations in relation to a number of which is the area where I have spent my entire life. matters pertaining to the city of Melbourne and its structure, voting system and boundaries. There has been The VEC has indicated that it is currently undertaking a a vigorous public debate, conversation and advocacy review of the election of councils at the request of the from a range of interest groups seeking to put minister. As I understand it from briefings I have propositions to both the previous government and this received from the minister — and I thank her for the government about amendments they have sought. courtesy of a very good briefing by her officers — the review is expected to be completed in March 2012. One of the issues that has been of continuing concern to There will be a public information session shortly, a a number of residents in the city is the change to call for submissions, the release of a preliminary report boundaries that annexed off parts of Flemington leading early next year and a response to the report in late up into Ascot Vale and what was called the area of February. I think that is the proposed time line proposed Travancore. That area was excised from the city of by the minister, with a subsequent public hearing and Melbourne during the restructure and put into the city advocacy process attached to that. I understand that of Moonee Valley. At that point Kensington was also there will be a final report going to the minister, annexed off to the city of Moonee Valley. I should also hopefully sometime at the end of March. Generally indicate that Carlton and North Carlton were annexed speaking, without being completely specific — and the off to the city of Yarra. For a number of residents and parliamentary secretary has indicated affirmation — resident groups this was a bitter blow because they felt that is roughly the time line that the government will be that their long association had always been looking following. inwards towards the city of Melbourne, the capital city, and the strong association that people had with the It is timely that that is the case, and it will give the capital city. minister an opportunity to consider the recommendations of the VEC and obviously seek to get When we were in government in some ways we sought them implemented prior to the council elections, which, to address this issue through a review of the external as we know, have been brought forward by about three boundaries, and in part that was addressed by bringing weeks to the end of October. As far as we are aware, Kensington back in total to the city of Melbourne, that was a policy position that the then opposition took running the boundary just behind the shopping centre in to the electorate, and it will be implementing that now Flemington to ensure that the whole strip shopping in government. centre remained within one municipality. There was a very strong view among the traders that this was an The review will consider the question of the internal 17:50 important thing to do because historically the boundary structure of the City of Melbourne and indeed the between the city of Melbourne and the city of Moonee number of councillors. This is a very important CITY OF MELBOURNE AMENDMENT BILL 2011

74 ASSEMBLY PROOF Wednesday, 23 November 2011 question, because those of us who remember the history officers is here with us today in the chamber supporting of the City of Melbourne will realise that it has had a her in this. I have had many a conversation with one of variety of structures over the journey. Since its her officers in relation to the system of voting and what formation it has essentially based itself on a ward is the best approach to that. The scrutiny of the vote is structure; sometimes it has been individual wards and an important part of the democratic process, and I have sometimes it has been multimember wards. For a spent more hours on that than I probably want to think period there was an attempt to look at an alternative about. Nonetheless there are knock-on effects of what structure, which was both councillors elected at large, the process is going to be — whether it be a ward that is, under the senate-style system, and councillors structure or an at-large senate-style structure. I suspect elected to wards. The jury is out a little bit on this. that will have some very significant outcomes in terms There are a range of contested arguments about what is of the mayor, the deputy mayor and the ticketing the right structure for the City of Melbourne because at arrangements that may occur particularly under a ward the end of the day it is the capital city. structure, if that is ultimately the system that is adopted going forward. The great conundrum in this is that the City of Melbourne is quite unique because it is the capital city. I would submit though, as I indicated earlier, that there It is the economic powerhouse of this city. It is where is no real right answer to this. Certainly there is a very huge investment occurs. It is where many of our major strong view from residents that we ought to have ward educational institutions are — our research institutions councillors. There is no doubt about that. I suspect there and our hospitals. It is also a centre of art and culture. It would be almost a unanimous position of resident is important that we get a government structure that is community groups that they would want ward truly reflective of the extraordinarily broad range of councillors, because there is this sense in which a ward interests that represent the city — whether it be the councillor represents the interests of a constituency. business interests, whether it be the interests of small They represent the interests of their residents, and business in the city, whether it be the interests of the rightly or wrongly there is a sense that the current large corporations in the city or whether it be the structure is just that bit removed, that the councillors at interests of the very vibrant resident groups in the Melbourne are a bit removed and adhere more to the municipality. To some extent this very interesting mix senate style of system of a portfolio approach and are of people and views adds to the vibrancy of the city, perhaps not as intimately connected to their wards as a and that is a good thing. ward councillor would be. I suspect that will form the subject of some of the debate that people will want to I think it is terrific that this review process is going to put in relation to the particular positions they take. flush out a whole range of views about how the city should be governed. Is it not a good thing that we have Again, if we look back on the history of this, the wards, a conversation, that we have a debate? I can assure the where we had the hybrid system of councillors elected minister, and she would be well aware of this herself, both by wards and at large, I would have to say that that people have very passionate views about how their history probably does not judge that as well as we capital city should be run. I simply encourage that to would have hoped. I think there was certainly a sense in happen, because it is a terrific thing that people come which the ward councillors felt that they were taking forward, put their views, put them with vigour, put the vast burden of the load and that those councillors them with commitment and put them with a real sense who were elected at large really, because they did not of desire for the best governance outcome. That is what have a direct constituency they were dealing with on a people are looking for. In my experience of the city day-to-day basis, perhaps were not carrying enough of people are very passionate about it, and so they should the load. Whether there are ways in which this could be be, because that is a terrific thing. better distributed, perhaps through a more equitable arrangement around how portfolios and responsibilities In that context this bill does not interfere with the may in fact be distributed within the council I think popularly elected mayor and deputy mayor. It does not remains to be a conversation that obviously the interfere with that at all, but certainly, depending on administration and the mayor and the councillors what the structure of the city is going to look like — themselves will arrest once the structure has been wards versus what is in effect the senate style of resolved. election that it is at the moment, which is that council is elected at large — it will have quite an impact in terms The other question that is going to be interesting, and I 17:57 of how the voting system will operate. Some of us for touched upon it earlier, is that depending on what the our sins have had to scrutineer the vote on a number of structure is going to be, what will the ticketing occasions. I note that one of the minister’s expert arrangements look like? Under the popularly elected CITY OF MELBOURNE AMENDMENT BILL 2011

Wednesday, 23 November 2011 ASSEMBLY PROOF 75 mayoral model, you essentially run a ticket of a relationship is different to that of other municipalities mayoral candidate, a deputy mayoral candidate and simply because of the strategic importance of the realistically probably a couple of candidates who hook capital city in its own right. I guess the structures are to onto your ticket through the ward structure. Under a some extent somewhat imponderable because we do senate-style system, if the mayor and deputy get up, not know at this stage what the outcome is going to which has been the case to date, you almost certainly look like. get at least your first candidate up under the ticket, and if you are going really well, you might get a second The other issue is the number of councillors. There are candidate up. currently 9 councillors at Melbourne City Council. I think the maximum number is 10 — the minister at the Under the current arrangements at Melbourne City table might help me out — — Council, when Cr Doyle was elected I recall that the mayor, deputy and the first two spots essentially got up Mrs Powell — Twelve. off his ticket. Of the nine positions on the council, he essentially guaranteed the stability of the council Mr WYNNE — Twelve is the maximum. Again, because he had four positions — — what is the right figure? Who knows? In my time we were a council of 21 members. When I had the honour Mr McGuire — Backing him. of leading the Melbourne City Council it had its own set of issues and interests. Twenty-one members is a Mr WYNNE — Backing him, exactly. There were big number to keep working in the right direction with, four positions. This is a potential vulnerability, and it is and I am not advocating a number like that. It strikes a question that the minister at the table and her staff will me that 9 members seems to be a pretty good have to mull over, because one of the crucial aspects is number — one where they can work well together. stability. We do not want to find ourselves in a position Again, you want to make sure — — where a mayor and a deputy are elected and the structure throws up arrangements where there is no An honourable member interjected. consensus around the outcome. That is quite possible under any system. Mr WYNNE — My colleague says that nine is lucky for cats. If the council has a ward structure, you Mr Carbines — Watch out Geelong! have to make sure that population-wise you do not have overburdened wards. The Victorian Electoral Mr WYNNE — I will come to Geelong in a Commission would ensure that votes are distributed moment. You may have a circumstance where the evenly. Councillors must not be overburdened, because mayor does not enjoy the support of the chamber, and it is a significant job they undertake; they are not just that is quite a tricky situation. It requires quite skilful councillors in their own right. In my time as Minister negotiation by the mayor of the day to make sure that for Local Government I did not meet one councillor — he or she is able to garner enough support to govern in a and I met many hundreds of them, as the minister at the stable way. Obviously you are not going to overturn the table has — who was not deeply committed to their mayoralty or the deputy mayoralty; you cannot do that. community. They work tirelessly for 20 to 25 hours a You do not want a situation where the city council week on this, and at Melbourne City Council people dissolves into warring groups and so forth, and I have work very long hours, in effect almost full-time, to to say that the circumstances over the last number of represent the interests of their community. I caution the years have been of a stable council — one that has minister in relation to what the numbers might look like essentially got on with the job. and urge that we reflect the particular stresses and obligations that attend the work of capital city The intent of this Parliament would always be that councillors because I understand it is an onerous job, as whatever structure we put in place falls as much as it it is in all municipalities. possibly can within a broader democratic framework to encourage strong participation from people to contest I will finish my contribution in a moment. Before I do elections so that we have an outcome that ensures the so, I indicate to the minister that her announcement that stability of the council and a relationship with this we will have a popularly elected mayor at the Greater place. It is about ensuring that the capital city and the Geelong City Council means that there will be structure government of the day have a strong working at that council that is quite inconsistent with that of the relationship. Of course there will be times when they City of Melbourne. I seek some understanding of why are going to disagree on issues, but it is different when the minister did not go with the Melbourne model — in it comes to governance of the city; the quality of that effect a mayor and a deputy mayor. I understand there CITY OF MELBOURNE AMENDMENT BILL 2011

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has been quite a lot of conversation in the community Richmond. I listened with interest to his contribution to around the model of just a mayoral candidate, so I the debate. When he described the city as quite unique, would be interested to hear what the rationale is for I could not help thinking of the late Peter Evans, the why the minister went down that track. Whatever the well-known curmudgeon of the radio airwaves in the structure is at Greater Geelong — and we acknowledge 1960s, 1970s and early 1980s, who said that something that the election of a mayor is a popular view, and I is not quite unique or almost unique; it is either unique recognise that the minister will review that structure or it is not. That tour down memory lane two years post the election — we want to make sure notwithstanding, I certainly agree with the sentiment that we do not find ourselves with the unintended but expressed by the member for Richmond. The city potential consequence of instability. We will have certainly is a unique place, and that is why we need this further debate about the structure when that bill is specific piece of legislation. introduced in the future. The member for Richmond also made reference to the 18:05 In conclusion I indicate that the opposition does not situation of Geelong. We will probably have that debate oppose the bill. Not surprisingly I am pleased to speak in the next sitting week, but just on the observation that on this bill, not only because I am the shadow Minister the structure proposed for Melbourne is likely to be for Local Government but also because I had the rare different to that which has been proposed for Geelong, honour of taking the highest office in local government it is its uniqueness that means we need to do something in this state, that being Lord Mayor of the city of specific for the city of Melbourne rather than having the Melbourne. That was a great time for me, and I very same set-up we have for the other councils around the much appreciated the fact that that unique role was one state. that few people are chosen for. It is a role of leadership in which one is required to represent, as I said earlier, There have been quite a few electoral structures in the the broad interests of not only the residential city of Melbourne since it was first established as a community but also the business community, the small town in 1842. It started with 12 councillors. It has had a business community and the trader groups. A number variety of structures in the intervening years, quite often of the projects we started at the time I was in office are involving three-member wards until that was changed now reaching their conclusion. The most important of in 1996, when a completely new structure was those was the closure of Swanston Street. introduced; that was at about the time of municipal restructuring. The 1996 council had nine members, five Like many things, victory has 1000 fathers and defeat is of whom were elected at large from the entire an orphan. There were 1000 fathers for the closure of municipal district and four of whom were elected from Swanston Street, but the history is that I closed single-member wards. We then went through another Swanston Street. That is the history of it. Mr Gifford up change, and the current arrangements were put in place there in the box knows that, and I am very proud of in 2001. I think at that point was the first time the Lord that. I am very proud that we closed Swanston Street Mayor was directly elected by the voters. We now have and were able to turn the city around. It was a very seven councillors plus the mayor and the deputy mayor, tough time for the city. We made that symbolic and all of whom are elected from across the city. very practical gesture of saying, ‘We are turning the city back to the people of Melbourne. We are going to Some time prior to the last election the coalition make this the major boulevard that it had always been undertook to have a look at the legislative nature of the planned to be with that extraordinary access’. As you electoral structure of the city. Melbourne was quite look down Victoria Street and Swanston Street you different to everywhere else in the state in that the have that spectacular view to the Shrine of representational arrangements were legislated rather Remembrance. That is a view that you will only get than set by the order in council and were therefore not here in Melbourne, and it is something that I am reviewed by the Victorian Electoral Commission immensely proud of. I acknowledge that the Lord (VEC). While we took the view that it was appropriate Mayor has put enormous resources into this project, and to set in legislation the direct election of the Lord Swanston Street will become a true pedestrian Mayor and deputy lord mayor, we also took the view boulevard of which we can be justifiably proud. that the internal structures should be subject to review. Why the structures are not subject to review is I am delighted to have risen to support this bill, and we something I have never gotten to the bottom of, but I wish it a speedy passage. have not researched it very hard, I have got to say; it is history after all. As I said, the current structure of the Mr MORRIS (Mornington) — As always, it is an city was put in place as policy in 2001, whereas the interesting exercise following the member for arrangements in terms of having the VEC conduct CITY OF MELBOURNE AMENDMENT BILL 2011

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representation reviews for the other councils across the commissioner, Mr Tully. Further submissions are state did not occur until a couple of years later, and we sought, and then a final report is submitted to the are dealing with two separate acts, so perhaps it is as minister. As with the many other things that the VEC simple an explanation as that. does, there are often other publications designed to improve the process that are produced as well. The member for Richmond also raised the issue of wards and whether this bill might see a return to the The VEC is currently undertaking a review of the establishment of wards. Of course it is up to the VEC election of councillors at the City of Melbourne. The what sort of recommendations it comes up with. When legislation to enable that has passed, but unless the you look at what has happened across the rest of the process is changed to enable the outcomes to be state, we have an enormous variety of structures — implemented by order in council, then it is unlikely that some single-councillor wards, some multiple-councillor any changes that might be recommended by the VEC wards and other wards that are unsubdivided. I, for one, would be able to be brought into operation prior to the am not going to try to predict what might come out of elections in October 2012. Just to put the dates on the this, except that it will be a situation where the record, the public information sessions began in early independent umpire has the opportunity to have a look November — this month. The preliminary public at the structure in an entirely detached way. That is submissions are due by 24 November, so that is very probably an important point, because every other shortly. A preliminary report is due in January 2012. council in the state is reviewed by a body that is totally Submissions in response to the report are due on independent of political direction. Obviously the 23 February. A public hearing is to be held on minister has to sign off on the recommendations, but 29 February, and then a final report with the recommendations are clear and public before they recommendations will be produced on 21 March. go to the minister. I understand that they have never been overturned by successive ministers since the Once those recommendations are made to the minister, system was put in place. However, in taking this step, they are then implemented by the device of an order in the Parliament is saying it thinks it needs to be council in exactly the same way as happens for other independent of this process, and I think that can only be councils. Just to recap, the number of councillors must a good thing. be at least 3 and not more than 10. Currently there are 7 councillors. It is about the electoral structure; it is I spoke about electoral representation reviews, which about the wards unsubdivided. This situation also are reviews of the electoral structure of councils. The retains the Senate style for the City of Melbourne if the reviews consider how many councillors should be in a wards remain unsubdivided. I commend the bill to the municipality and what sort of electoral structure is house. suitable — whether a council should be unsubdivided, have wards or some combination of wards, and if there The ACTING SPEAKER (Mr Northe) — Order! are to be wards, the reviews will determine where those The member’s time has expired. boundaries should be. As I indicated, until 2003, councils conducted their own electoral representation Mr FOLEY (Albert Park) — It is with great reviews, and now the reviews are conducted by the pleasure that I rise to speak on the City of Melbourne Victorian Electoral Commission. As I said, the City of Amendment Bill 2011. I suspect my contribution is Melbourne has been excluded from that process thus going to go longer than the minister’s second-reading far. speech on this proposition — and a fine second-reading speech it was. Before I begin, I commend the member In the wider government field the reviews are for Mornington for holding the member for Richmond undertaken for each council after every third general to account, because there are those of us who have been election at least, but they can be undertaken earlier if trying to do that for years with no success whatsoever. I required, and obviously if you have a rapidly growing am very glad the member for Mornington is attuned to municipality where the capacity is there for the wards these issues. to get out of balance very quickly, then that needs to be dealt with. I rise in the context of being the member for Albert Park, which takes in a part of the City of Melbourne. It 18:15 There is a statutory process. The commissioner gives is the forgotten part of the City of Melbourne, bounded public notice. People are invited to make their as it is by the river, the St Kilda Road area and the preliminary submissions. A preliminary report is freeway all the way down to Webb Dock. This is an produced, and that is subject to further discussion. area of the City of Melbourne that essentially contains Often people are invited to submit directly to the Southbank, with a little bit of Docklands and CITY OF MELBOURNE AMENDMENT BILL 2011

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Fishermans Bend. This came about through the In that regard, it is very important not only that this bill arrangements that the Kennett government put in place proceed and make its way through this house and the in the 1990s, when this area was excised from the then other place but also that the opinions and views of those City of South Melbourne. Because of that history, the who live and work in the city be taken into account. In various machinations of the differences of boundaries particular I urge the minister at the table to ensure that and the administrations in the city since that time have the views of Southbank residents are taken into account been marked by the consistent application of one in that process. I know in its forthcoming annual principle — that being that Southbank is generally general meeting the Southbank Residents Group is always forgotten in terms of how the City of Melbourne making this a particularly important item for its activity goes about its business — and successive governments, in the coming year. through the concentration of planning powers in the Minister for Planning’s office, have contributed ever so It is quite timely that this bill proceed. It is quite timely greatly to that. that the matters regarding voting arrangements for above-the-line voting and the arrangements for the Having said that, the Southbank area is growing direct election of the mayor will not be tampered with. rapidly. The City of Melbourne’s Southbank Structure It is nonetheless a significant bill for the governance of Plan 2010 states that there are approximately 12 000 the City of Melbourne in terms of setting up an people residing in the Southbank area. That is proposed appropriate process to put in place arrangements for the to rise to over 40 000 in the years ahead, with residents City of Melbourne. I wish the bill a speedy passage. living disproportionately in high-density, high-rise dwellings. That is before we take into account the Mr KATOS (South Barwon) — It gives me great 18:22 current government’s expansion plans through Places pleasure to rise in support of the City of Melbourne Victoria — an odd name; what was the cabinet Amendment Bill 2011. The bill allows thinking? — for the Fishermans Bend precinct, which, recommendations made following an electoral while mostly in the City of Port Phillip, also include representation review to be implemented by the some areas of the City of Melbourne, as it appears in Minister for Local Government by order in council. If the projected plans released to the media. this were not the case and the minister were not able to use the order-in-council process, we would need to pass When we look at the City of Melbourne within its specific legislation each time an electoral representation current boundaries, we realise that the area of review occurred at the City of Melbourne. This bill Southbank, along with other areas around North fixes that situation, which is quite unusual. In fact there Melbourne, the rail areas and Docklands, is going to be are a few unusual situations around the City of subject to substantial population growth. In that Melbourne Act 2001 that will be fixed. context, as the member for Richmond pointed out, community groups such as the Southbank Residents I will give a bit of history about the City of Melbourne. Group have consistently made their position clear on It was formed in 1842 as the Town of Melbourne. It the electoral arrangements of the City of Melbourne. originally had 12 councillors and four three-member The Southbank Residents Group is a supporter of a wards. That structure largely stayed in place until 1996, ward-based approach essentially for the reason that they when the City of Melbourne was restructured. The see themselves as the forgotten cousins in the City of council was then reduced to nine members, with five Melbourne. councillors elected at large and four from single-member wards, so there was a mixture of Having said that, I make no judgement as to what the at-large and ward-based councillors. The present appropriate ward arrangement is or indeed what the structure was put in place in 2001. Now the Lord appropriate council arrangement is. As the minister Mayor and deputy lord mayor are elected at large by pointed out in her second-reading speech, this will be the entire voting population of the city of Melbourne, the subject of a review. The electoral representation and seven ordinary councillors are also elected at large. review of the City of Melbourne will commence early in the new year, as I understand it — or perhaps before. Previously there was no ability for an electoral Essentially it will be in place for the cycle of elections representation review to take place at the City of in 2012, which will reflect whatever those outcomes Melbourne. Earlier this year the Local Government from the VEC and the review, in discussions with the Amendment (Electoral Matters) Bill 2011 was passed City of Melbourne and the minister, might well bring to by the Parliament and facilitated this review taking pass. place. It is a good approach and brings the City of Melbourne into line with other councils. At all other councils electoral representation reviews take place, so CITY OF MELBOURNE AMENDMENT BILL 2011

Wednesday, 23 November 2011 ASSEMBLY PROOF 79 it is a simple and common-sense approach to say, ‘Why The review taking place at the City of Melbourne is should the City of Melbourne be any different?’. It looking only at the ordinary councillors; there will be should have the same electoral review as any other no change to the manner in which the Lord Mayor and council in Victoria. deputy lord mayor are elected. The bill will enable the recommendations of the VEC to be implemented by Since 2003 the reviews have been undertaken by the order in council. For example, there will be at least 3 Victorian Electoral Commission. Before 2003 councils and not more than 10 ordinary councillors, which conducted their own reviews. It is a much better system together with the Lord Mayor and deputy lord mayor now in which an independent body at the Victorian means there will be between 5 and 12 councillors, Electoral Commission undertakes the reviews. When which is stipulated in the Local Government Act 1989. the VEC conducts such a review, it looks at how many Whether councillors are elected to represent wards or councillors and what electoral structures are appropriate the municipal district will be fleshed out during the for the municipality — whether there should be review. It is a welcome process, as the council will now councillors at large, multimember wards, be in line with the other municipalities in the state. I single-member wards or perhaps a mixture. If there are commend the bill to the house. wards, the review looks at where the boundaries are located. This is particularly pertinent to the city of Sitting suspended 6.30 p.m. until 8.02 p.m. 20:00 Melbourne, which has experienced huge growth in Southbank and other areas. If a ward structure is Mr CARBINES (Ivanhoe) — I am pleased to rise recommended, there will have to be careful to make a contribution to debate on the City of consideration of the boundaries. Melbourne Amendment Bill 2011, and I would like to draw particularly on a couple of the key aspects of this The reviews take place every three election cycles, so bill. We note that this bill is about bringing the City of roughly every 12 years, which is something the City of Melbourne into line with the other 78 local government Melbourne requested. It was looking to have a review authorities here in Victoria in relation to the way in done, and I commend the Minister for Local which councillor numbers are determined, and it will Government, who is at the table, and who listened to also look at matters relating to whether the city should the City of Melbourne. I also commend the be divided into wards or councillors at large and those Parliamentary Secretary for Local Government and sorts of matters. even the Parliamentary Secretary for Primary Industries, who are also at the table. It is good to have There is a historical aspect in relation to the City of them all at the table. A review was requested by the Melbourne in particular. We have found that sometimes City of Melbourne, and it is common-sense stuff. Why it has been the plaything of governments of the day, as should one council not have a review of its electoral all local governments are. Those of us who served as structure done while the other 78 councils in Victoria local government councillors would know the do? It did not make sense; it was an anomaly of the frustration sometimes of not being recognised in the City of Melbourne Act 2001. It is good that the bill constitution or being created out of an act of local amends and fixes the situation. government, which means we are sometimes subject to the will of the government of the day. But while these A process is followed in which public notice of the things might occupy our attention and they might review is given and people are invited to make occupy the attention of legislators and local government preliminary submissions. Then the VEC prepares a councillors, the people who are the ratepayers go about preliminary report, which includes recommendations their business and probably do not think too much on a and also alternative options. After the preliminary day-to-day basis about the structures of local options are put out, additional submissions may be government. They probably mostly think about rates, received. There is usually a public hearing, and then a roads and rubbish, how much they are paying for those final report is brought down. When I was a councillor at services and whether they are getting a benefit from the City of Greater Geelong a review was done before their local council for those services that are provided. the 2008 election, and the preliminary report recommended multicouncillor wards. In that situation What I do know as a former Banyule city councillor is the preliminary report was changed. It recommended that ratepayers were always very pleased with the multicouncillor wards as the preferred option, but it services they received from us but they were always ended up retaining 12 single-councillor wards, which very quick to make sure that it was known just how was the outcome all were seeking. important it was that we focused on the services of the day — which were, at the time, rates, roads and rubbish — and on providing good governance. These CITY OF MELBOURNE AMENDMENT BILL 2011

80 ASSEMBLY PROOF Wednesday, 23 November 2011 are the things that people looked for; it was about it is elected — that is, via wards or potentially under services and it was about leadership. different circumstances. I know through working with the member for Melbourne that the important work she What I have noticed in particular in relation to some of did back in 2006–07 advocating to allow her residents the changes that are being suggested here is that the to have a say on boundary changes very much fed into Victorian Electoral Commission will determine the the high level of interest that people in the city of boundary reviews. While those matters will not directly Melbourne have regarding not only their level of be looked at, the commission will be looking at the representation but also how they are represented by the number of councillors and whether wards are local councillors, whether they live in the city of appropriate or at-large councillors. I know from my Melbourne or the city of Moonee Valley. time living in Geelong and working for the member for Geelong in fact and as a journalist at the Geelong I refer back to a couple of examples. Back in July 2007, 20:07 Advertiser, there was a lot of debate in the community when we saw the Docklands come back into the about the role of ward councillors and the role of precinct of the City of Melbourne rather than being at-large councillors. There was perhaps a view, maybe under the Docklands Authority, the residents of anecdotal, that at-large councillors were not as Docklands were able to vote in local government accountable representing a whole city when there were elections. We have seen one particularly significant others who might have represented 30 000 or 40 000 or change to the way in which the City of Melbourne 10 000 — in Geelong there were about operates today — that saw some $200 million worth of 45 000 ratepayers — as ward councillors. Ward assets and many residents move from being part of the councillors were busy people because local residents Docklands Authority to being represented by the City saw them as the people who responded to and were of Melbourne. accountable to them for the services that were provided, whereas at-large councillors were perhaps, dare I say it, In July 2007 we also saw the member for Richmond, in a bit like senators, a bit like the members of another his role as local government minister at the time, pursue place, who maybe had a little bit more latitude in their the new panel to review the Kensington boundaries. accountability to individual constituents. That goes to some of the issues that Melbourne residents were keenly listening to — aspects that relate That is something that the electoral commission will to this bill’s consideration — because they are need to consider — making sure that people in the interested in democracy in the City of Melbourne and community have confidence about their local are not only interested in the boundaries. While with representative. It is also about having an understanding this bill there is no consideration of any tinkering of the of who to go to for assistance and support. I think most boundaries of the City of Melbourne by this Parliament, members of this chamber would know through their it is something that is dear to the hearts of Melbourne electorate offices that we are all very much accountable residents. They are strong advocates, and in the past to those people who, whatever the democratic process they have shown that they have been keen to make is, understand enough to know who their local member submissions and have a say in how they are is and who they are voting for. Sometimes with those represented. at-large processes — those processes that are of ward councillors or local Assembly members of Back in 2007 over 500 submissions were received by Parliament — it makes it a little bit harder to find those the panel that reviewed the Kensington boundaries that associations, those links and those accountabilities. were instituted by the Kennett government. At the time that boundary ran up Macaulay Road, splitting a pretty I am sure the electoral commission will consider very significant shopping strip between the city of Moonee carefully the sort of structure that is important for the Valley and the city of Melbourne. That created a lot of City of Melbourne. Naturally people living in the city difficulties for the local community. They expressed of Melbourne are a little bit fatigued and may have those views through the strong advocacy of the member some trepidation about what sort of processes are going for Melbourne at the time, and through that process to develop out of this bill and the consultations the there was an opportunity to make changes to the review electoral commission will pursue, because the City of of the Melbourne City Council boundaries. Those Melbourne has a history, particularly in the more recent boundaries that were considered were around years when I have been involved with it, of trying to Smithfield Road and the Maribyrnong River in the alter its boundaries and its discussions about its west, Racecourse and Flemington roads to the north, representation. While I acknowledge that this bill does Melrose Street to the east, and to the south Macaulay not go to the issues of boundary changes, it will go to Road, Moonee Ponds Creek and the Williamstown and the composition of the council’s representation and how Werribee railway line. CITY OF MELBOURNE AMENDMENT BILL 2011

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I mentioned that there were 500 submissions. That opportunities for local residents to have their say, and indicates that a lot of people in the city of Melbourne they reflected the local community’s views in have a strong interest in where they are represented, maintaining seven councillors in the City of Banyule. who they are represented by — which city council or That is perhaps an anomaly these days. There are not a particular councillors — and the system in which they lot of councils who have only seven elected are elected. A number of changes were made in representatives; usually they are up to about nine or December 2007. In my experience with dealing with a more. lot of those communities and with working with the member for Melbourne and meeting a lot of those I commend these changes. It is important that we move Kensington residents groups and Carlton residents away from the City of Melbourne being a plaything of groups, including the Kensington Association and governments of the day in this place and that there be many others, I saw firsthand that they had a particular more opportunity for local residents, through the interest in these matters. They felt strongly that there electoral commission, to have their say on their future. I needed to be reunification around some of the areas of commend the bill to the house. the City of Melbourne. Maybe they were not too happy with the rates they were paying compared with those in Mr GIDLEY (Mount Waverley) — I rise this the City of Moonee Valley, but that is another matter. evening to make a contribution to the debate on the City of Melbourne Amendment Bill 2011. What I I point out that this bill will give people in the City of intend to cover this evening are not only some technical Melbourne the opportunity to make contributions to the aspects and the aims and objectives of the bill but also electoral commission as to how they want their how it relates to the role of a good capital city council. representation to be continued in the future. I suspect This bill seeks to bring the City of Melbourne into line there will be an opportunity for them to make with other municipalities. It does that in a couple of submissions, as we have seen in the past, in relation to ways. Firstly, it ensures that when the Victorian whether they want ward councillors or whether they Electoral Commission (VEC) undertakes a review of want councillors at large or a broader representation. the electorate, the wards or other aspects of that These are the sorts of matters that I feel I have made a particular council, rather than the Parliament having to contribution on and which could be considered around legislate to implement those recommendations, the the experiences I have had. Governor in Council will be able to implement them. As I said, that is consistent with what happens in other At the time I was in Geelong we had community municipalities. debates and public meetings about councillors at large and ward councillors. While I was living there we The reason that is important is that, as we know, with eventually moved back to a system of having 12 ward legislation that comes before the house often greater councillors. You had 15 000 or 20 000 residents in your time is involved, whether it is in terms of drafting, ward, and you were accountable to those people. They stakeholder consultation or other aspects. This bill will elected you, or if they did not, they knew you were their amend the act to ensure that orders in council can make representative. You were who they dealt with, rather amendments to the constitution of the City of than the previous system whereby there were four ward Melbourne and other minor amendments. That is councillors — if you can believe that, in a place as large appropriate, because it will not only speed up the time as the City of Greater Geelong — who had about frame but also bring the council into line with other 45 000 ratepayers in their ward, and there was a large local councils. That is important, because the current number of councillors at large who perhaps did not electoral arrangements set out in legislation have been have that same level of day-to-day accountability that operating since 2001, and there has not been a review the ward councillors had. They were then expected to of those arrangements since that time. try to manage community issues and the day-to-day concerns people had. These are the sorts of issues that I I do not intend to speak on the matters that the VEC think people in the City of Melbourne — when they will need to engage in — that is, the number of have the opportunity, I hope, to make submissions councillors and the council structure — but I want to through the electoral commission on potential changes focus most of my contribution on the fact that when the to representation in the City of Melbourne — will want VEC has undertaken that process and when considered to give consideration to. decisions have been made, the government of the day should be able to act on and implement those decisions When I was a City of Banyule councillor we went in an effective manner, consistent with other councils, through these processes with the electoral commission. rather than them necessarily having to go through It handled them very well. They provided great legislation. That is appropriate. Although local CITY OF MELBOURNE AMENDMENT BILL 2011

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government in Victoria is overseen significantly by of a capital city council, which is retained in this bill, is state governments — and that is appropriate, given the more than just providing services to its residents. That history of local government and given its standing in is important — there is no doubt about that — but as a the constitution — there is also an important balance to capital city council the City of Melbourne has an be kept, and that is a balance which is best maintained important role to play in promoting our capital city and by the VEC undertaking its role and the our state. recommendations being left to be made through orders in council, which is an important aspect of that. We have been fortunate in recent times that we have had a fairly well run and stable Melbourne City I note that quite a bit of work has been done by the Council, but it has not always been that way. If you Minister for Local Government and the Parliamentary look at times gone by, before Victoria acknowledged Secretary for Local Government, and many have had the role of a capital city council, things were not so the opportunity to make a contribution to that. That is a rosy. I cast my thoughts back to the early 1990s as a welcome initiative, and it really does shape the local very good example. You looked around Melbourne and government reform agenda of this government, which there were no Agenda 21 projects in the very early is well considered, inclusive and gives people an 1990s — 1990 and 1991. Melbourne and the City of opportunity to have their say. No doubt that is Melbourne were really closed. There were no something that will continue to evolve over the term of Agenda 21 projects and no projects that talked about this government and the government that is elected on the cultural renaissance, if you like. There was no 29 November 2014. Melbourne Museum. There was no restoration of the Royal Exhibition Building and no Immigration There are some aspects that are not up for consideration Museum, and the removal of the Gas and Fuel under this bill. They include the fact that the Lord Corporation towers had yet to occur. There were none Mayor and the deputy lord mayor will not be looked at of those iconic projects that shaped the city of as a result of the VEC undertaking its review. It will Melbourne in the early to mid-1990s — projects which also not look at, as it has been put to me, the external were consistent with the role of a capital city council boundaries of the council and that sort of thing. The bill that provided more than just goods and services to its touches on elements of the City of Melbourne and residents. That just did not exist prior to that time. elements of the way in which the government of Victoria implements the VEC’s recommendations, but I even cast my mind back prior to the acceptance of a it still leaves quite a few of the other aspects intact, capital city policy, in many ways, under the former which is appropriate. I am sure the VEC, having Liberal-Nationals coalition government — the reached a well-considered position with submissions bluestone on the streets, which was a hallmark of the having been received, will take all of those things into renaissance of Melbourne coming out of those dark account, which is important. years of the Cain-Kirner history; the streetscapes; the Agenda 21 projects, the removal of debt arrangements 20:17 I understand that the effect of the legislation which will for the City of Melbourne; the Marriner projects to go through this house is that when somebody, such as a rejuvenate that magnificent theatre, the Regent Theatre; candidate, wishes to nominate and lodge certain and the magnificent agenda of the former documents there would be some changes in the time Liberal-Nationals coalition government, which really frames there, with deadlines being changed from 4 p.m. took the sign ‘Closed for business’ out and rejuvenated to 12 noon. You might ask yourself why that is our city. As I said, it did not matter whether it was important. It is important because it brings the City of Agenda 21 projects or the open days. We might take for Melbourne into line with lodgement times for other granted that we have open days in the city of council elections, which I note are usually at 12 noon. I Melbourne and think that that has always been the know that is the case for the City of Monash, which is case — it has not. We know that those open days for in the area I represent, and most other councils. It is grand places, whether they be the State Library of another example of a well considered, sensible Victoria, Government House or other cultural precincts, amendment to this act, which is very much the hallmark were instituted by the former Liberal-Nationals of this government. coalition government.

The nature of a capital city council is that it is about I read this bill as building on the success of the great more than simply services. Through contributions in the days of the former Liberal-Nationals coalition chamber tonight we have had discussions on the role of government, which recognised the role of a capital city the City of Melbourne in the past and its role in the policy in promoting Melbourne and promoting future. In my view it goes without saying that the role Victoria. This bill goes the next step in ensuring that CITY OF MELBOURNE AMENDMENT BILL 2011

Wednesday, 23 November 2011 ASSEMBLY PROOF 83 that capital city policy remains so as to ensure that we have been discussed in terms of the boundaries at do not go back to those dark days of Cain and Kirner or previous points in history. the previous Labor government. This provides a welcome mechanism to ensure that the VEC is able to However, what we have are the corridors in and around 20:25 act in a consistent way, that our government recognises Melbourne. While they may not necessarily reflect the our capital city policy and that we do not return to those municipalities that sit within them, these corridors tend dark days, which we have not forgotten and the people to reflect shared services. The city of Moonee Valley of Victoria have not forgotten. I commend the bill to shares some services with sections of the city of the house. Melbourne relating to the Ascot Vale, Flemington and Kensington areas. They share services like the part of The ACTING SPEAKER (Mr Morris) — Order! the rail network that runs along the Craigieburn line and Before I call on the member for Essendon, the tram routes 57 and 59, which basically run along honourable member for Richmond, who has been Flemington Road in one form or another. They also interjecting, needs to pipe down share health services like Doutta Galla Community Health. Many of those shared services operate in a Mr MADDEN (Essendon) — I rise to speak on the particular corridor based on geographical boundaries. In City of Melbourne Amendment Bill 2011. As we have this case the geographical boundaries around the city of already mentioned, we are not opposing the bill. There Moonee Valley are the Maribyrnong River and the are obviously a number of technical amendments that Moonee Ponds Creek, but there are some anomalies. As basically bring the City of Melbourne in line with a you get closer towards the central area — — number of other municipalities. This is not to talk broadly about the boundary issues in relation to where An honourable member interjected. the City of Moonee Valley sits alongside the City of Melbourne, but it is certainly worth considering that the Mr MADDEN — I am coming in from a long form of the City of Melbourne, being a capital city run-up here, and I am happy to get to the point. The council — which has already been mentioned by issue is that we have some anomalies. Those anomalies members on the other side of the chamber — means are the Flemington Racecourse and the Melbourne that it has a few anomalies in terms of the surrounding showgrounds. They sit within the city of Melbourne, suburbs. It takes in a number of suburbs that in a sense, but residents of the city of Moonee Valley are the ones while having a degree of proximity geographically, who are predominantly affected by the events at those may not have similarities. If you look at the City of locations. Whilst the planning minister of the day has Moonee Valley, you see it basically sits between control of Flemington Racecourse and the Melbourne Moonee Ponds Creek and the Maribyrnong River and showgrounds — and this tends to work reasonably well predominantly goes out to a bit beyond — — in terms of the events at those locations and their impact on the local community — many people in the An honourable member interjected. local community have mentioned to me that they believe at some point in the future Flemington Mr MADDEN — Yes, absolutely. It goes out a bit Racecourse and the showgrounds would be of more use towards Niddrie there, and in terms of its proximity to if they were located in the city of Moonee Valley rather the city and its boundary with the City of Melbourne, it than the city of Melbourne. I do not have a view one finishes in or around Ascot Vale. In a sense Melbourne way or the other, but I recognise the issues that have is a radial city. The Greater Melbourne area is radial, been raised by those community members who have based not only on a river system but on the road system pointed this out to me. and the public transport network. I am happy to tell the minister on the other side of the table more about the In addition the geographical boundaries formed by water systems in and around my electorate if he has the Moonee Ponds Creek and the Maribyrnong River mean time. The point I am making is that basically some of that residents of parts of Ascot Vale, Flemington and the geographic elements of the radial city — not only Kensington probably have more in common with the road system and the public transport system but the residents of the Moonee Valley corridor than they do waterways — determine very much the form of where with residents of the city of Melbourne who live in municipalities are. What we have with the City of Southbank, Jolimont, South Yarra, Carlton or Parkville. Melbourne is a few anomalies in relation to that, and That is because they share a locality, services and we have already heard the member for Ivanhoe talk transport networks. about some of those issues around the Flemington-Kensington area and about those issues that Whilst I am not advocating this change on this occasion, I am sharing with the chamber some of the CITY OF MELBOURNE AMENDMENT BILL 2011

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views that have been put to me by the local community. that those recommendations will reflect not only a good As a good local representative for the seat of Essendon outcome for the city of Melbourne but also a good and I am representing some of those views tonight. I do not like outcome for the city of Moonee Valley. necessarily endorse them strongly, but I recognise there is legitimacy in some of those views. In particular if Ms WREFORD (Mordialloc) — I rise to speak in you take into account the fact that the people who live support of the City of Melbourne Amendment Bill in the areas at the intersection or dovetailing of these 2011. The council of the City of Melbourne has seen two municipalities share many services, it might be many electoral structures since it was first established worth giving that consideration in the future. in 1842. In that year 12 councillors were elected to represent four wards of three members. Since that time An honourable member interjected. the City of Melbourne has undergone many changes. For most of its history council was structured with Mr MADDEN — What this bill does — and I am three-member wards. That changed in 1996 and again coming in from a long run-up — is give the opportunity in 2001, when the current structure arrangements were for wards or multimember wards in one shape or form. put in place. I have been a councillor and a mayor. That might give greater representation to some urban areas like Ascot Vale, Flemington and Kensington, Mr Wynne — We know. which share services in one form or another with neighbouring suburbs in the city of Moonee Valley. It Ms WREFORD — I am glad you remember. I have might provide more acute local representation for those been through the electoral changes that come with those neighbourhoods in some of these areas. jobs. The city of Melbourne has a number of anomalies because it is unique. Because it is our capital city, I look forward to seeing what the Victorian Electoral Melbourne needs a different city structure. It has the Commission says in terms of its electoral representation biggest budget of any local government council, being review of the City of Melbourne, and I look forward to more than $350 million per annum, which is huge by it making recommendations to the minister. I hope that, any standard. It has high-density living, and many whatever recommendations the VEC might make, we people who live in the city do not have a car — I know will see an opportunity for communities of residents in many people who live and work in the city and do not the areas of Ascot Vale, Flemington and Kensington to need to have a car — therefore Melbourne City Council have some of their issues reflected. I expect that some has different needs from many other councils. of these issues will be very similar to the issues of residents of not only the seat of Essendon but also the One amendment made by the bill follows the Local city of Moonee Valley. Government Amendment (Electoral Matters) Bill 2011, which received royal assent in September. That act 20:30 Whether it be ward structures, if they arise out of the provides for the general council election date to be review of Melbourne, or even electoral boundaries in a moved to October. It gives Melbourne City Council VEC review at not only local government but state voters the same entitlements relating to electoral government levels, I look forward in future to seeing reviews as other voters have. This bill allows those corridor elements being taken into consideration recommendations from an electoral review in the City in one form or another. I think that the shared services, of Melbourne to be implemented. With Melbourne City whether they be transport, roads, health care or even the Council agreement, the government has requested that river systems, and the common elements and beliefs the Victorian Electoral Commission undertake an should be reflected in representation, whether it be in electoral review prior to the October 2012 council multimember wards or state electorates, so that they are elections. manifest in representation of like-minded communities, not disparate suburbs that are around the fringe of the The ACTING SPEAKER (Mr Morris) — Order! city of Melbourne. There is a very high level of conversation in the chamber. I ask that it be toned down just a little. What I am saying, for the benefit of the Minister for Water, who obviously has not been listening very Ms WREFORD — The bill enables the closely to this debate, is that I look forward to the VEC recommendations of the electoral representation at some stage in the future making recommendations reviews for the City of Melbourne to be implemented which suit not only those in the seat of Essendon but by order in council. also those in the city of Moonee Valley, particularly those in that corridor that runs between the The bill allows for a variation in the number of 20:35 Maribyrnong River and the Moonee Creek. I anticipate councillors that can make up the Melbourne City Council and for a change in whether councillors are CITY OF MELBOURNE AMENDMENT BILL 2011

Wednesday, 23 November 2011 ASSEMBLY PROOF 85 elected to single wards or as councillors at large. There order to get smooth and thorough implementation of is going to be more choice and more say for the council whatever recommendation outcomes there might be. to put forward its views. Wards may or may not The reason we have a separate City of Melbourne bill is represent a better option as the city of Melbourne because of the important role the city plays in the changes, particularly with the growth at Docklands and development of our capital and also in terms of its the addition to Kensington. The city of Melbourne is reputation. changing, but that will not change the arrangements for the election of the Lord Mayor or deputy lord mayor, As a capital city centre it has a growing residential who will still be elected separately. The number of population, but the majority of the population are councillors, excluding the Lord Mayor and the deputy visitors to the city, whether they are from the outer lord mayor, is to be not less than 3 and not more than suburbs, country Victoria or other parts of Australia. 10. Once again it will depend on what the review Indeed many are tourists from overseas and many who recommends as to what will happen in the end. The bill choose to live in Melbourne are not Australian citizens. allows above-the-line voting to continue as an option The make-up of the council is therefore very important for Melbourne only. in that it has multiple stakeholders, including the business operators in the city — and some of those An honourable member interjected. businesses are owned by individuals who live overseas and who also have voting rights. It is a unique and Ms WREFORD — Depending on the structure, that different system. I know for some in the community the is right. The bill provides for either the grouping of issue of business voting rights versus residential voting candidates and above-the-line voting to apply to the rights is controversial. That will be a continuing issue. election of councillors or for it not to apply. However, this bill will continue to allow the City of Melbourne to As the population of the City of Melbourne grows now 20:40 be only the municipality that has the option of that Docklands has been incorporated and additional above-the-line ticket voting, which may or may not high-density living occurs, something that might be happen depending on what is decided. The bill also discussed further in the future is a different balance alters the time of day by which candidates must deliver between the voting rights of the resident population requests to the returning officer for their names to be versus the business owners. grouped on the ballot paper from 4.00 p.m. until noon. This bill will enable the recommendations of the The changes do not affect the way that the Lord Mayor Victorian Electoral Commission, following the and the deputy lord mayor are elected. It is important to electoral representation review, to be implemented by recognise that since the direct election of the mayor of order in council, as is done at other councils. Orders in the City of Melbourne was established we have had a council can apply specifically to, as I said before, the very stable capital city council. I know there is ongoing number of ordinary councillors, which will be between talk by the government about the direct election of 3 and 10, whether the councillors have been elected to mayors in the future. I am a supporter of that. As has represent wards or whether they represent the whole been proved by the City of Melbourne, from a municipal district. The location of ward boundaries governance point of view it is a good outcome. The may change, if required, whether or not the ability to be a mayor for the full term, and now for a Senate-style, above-the-line voting system is used. fixed four-year term, allows for certainty. It has given the community the opportunity to determine who they In summary, this bill will allow for electoral reviews of want the leaders of the council to be and, in Melbourne City Council similar to those done at other consideration of that, to then choose who they want to municipalities and a fairer representation of Docklands elect to the other important role of local councillors. and the changing inner suburbs. I commend the bill to the house. Mayoral elections are of course an ongoing tension in many municipalities. We are going through mayoral Mr PANDAZOPOULOS (Dandenong) — It is a elections at the moment in some municipalities, and it is pleasure to speak in the debate on the City of probably fair to say that many arguments and many Melbourne Amendment Bill 2011. Those of us who are negative effects occur as part of the negotiations and former councillors and mayors — I am not sure how behind-the-scenes moves around the election of many of us were on the Municipal Association of mayors. That has clearly disappeared with direct Victoria executive — take an interest in the important election. Whether we like the mayor or not, at the end role of local government, particularly of capital city of the day the public voted for them and gave them four councils. This is an enabling bill as part of the Victorian years. That gives the mayor authority among the Electoral Commission review, which is appropriate in officers of the council, authority in the community CITY OF MELBOURNE AMENDMENT BILL 2011

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among the residents and businesspeople, and authority leadership likes to have clear numbers, but the numbers as an individual who represents our capital city as Lord are very fluid in the city of Melbourne. In hindsight, Mayor in all the institutions of a capital city. We should that probably was not a bad outcome, and the voters be looking at extending this type of model as part of our probably did get that election right. Melbourne local government reforms. continues to evolve as an international city.

Capital cities have a different role because of the nature Members of the business community value their voting of the residents and businesses they have in their rights. It is important that they be formally recognised communities. Australia is behind the mark compared in an act of Parliament for the significant role they play with many other capital cities in the world in that we as investors and employers in the city. This adds to the give voting rights to non-residents if they are property attraction of investment in Melbourne and to the owners but we do not give voting rights to business community’s commitment to a strong, non-residents who have been living here for a long functioning CBD area of Melbourne, which is growing period of time, whether they are international students very quickly. I have an apartment in the member for or businesspeople who have been seconded here. It is a Albert Park’s electorate but in the city of Melbourne, debate we need to have. The reality is that all these just behind — as we will still affectionately call it — people are taxpayers, and I strongly believe in the Jeff’s shed. We can see the phenomenal growth that is principle of no taxation without representation. occurring in residential living but also in terms of other business and commercial investments in the city. In the UK if you are an Australian working in London who has lived there for more than three years, you have It is great that, because of this good governance model, the right to vote in your council elections, because you we are all kicking in the same direction with the city. are a local resident and therefore you should have a say. We have seen that with the direct election of the mayor. Something like this would be beneficial to It is important that the city work closely with the strengthening the reputation of the capital city council, government of Victoria in promoting the city as a because we have many thousands of potential voters tourist destination but also a destination for events, who are not voting and who believe they might have including sporting, cultural and conference events. This rights as citizens of a municipal area. It could working relationship can be seen in join project strengthen the governance of the municipality. The investments between the council and the state extra inclusion could also ensure that people who government — for example, the river works and bridge choose to live in Melbourne but are not Australian crossing at the new convention centre that link citizens have a sense of ownership of the city through Docklands with Southbank. These are all good, having a say in the city’s governance. practical things. When you have good governance you tend to work closely together, recognising that you also Being one of the big university cities in the world have distinct roles and identities. Sometimes there are Melbourne has a great reputation with many different constituencies, but you still need to be able to international students, but one of the marketing work together. strengths we could have, apart from the quality and accessibility of both public and private tertiary I commend the bill to the house. We will look to the education, is giving these students, as long as they are Victorian Electoral Commission’s review and see what adults, extra rights to have a say in their city. I am we can learn from that which may be applicable to throwing up this idea because other cities do it. We other municipalities. debate giving ourselves a competitive advantage in the international student market, where we have been Mr BURGESS (Hastings) — It is a great pleasure affected by the high Aussie dollar, the visa crackdown to rise to speak on the City of Melbourne Amendment and, unfortunately, the Indian student issue. We need to Bill 2011. The provisions of this bill will allow for the rebuild our reputation. This is one good way to rebuild recommendations of an electoral representation review our reputation because every overseas student and to be implemented in orders in council, if necessary in every person who is seconded to work from here for an the same way as other councils. Orders in council will overseas company is paying tax in the Australian tax also be able to specify the number of councillors to be system and should be able to have a say. elected, whether the councillors will be elected at large or to represent wards and also the location of ward 20:45 I have been fortunate to work with the City of boundaries, if required. Melbourne administration over a number of years. I think we have a great city. The electoral result last time There will, however, continue to be a significant was that no-one had the clear numbers. The political difference between Melbourne City Council and other CITY OF MELBOURNE AMENDMENT BILL 2011

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councils. The councillors at the moment are elected entire district. As I say, Melbourne council has had a through an above-the-line voting system. That system fairly changeable history since 1842 and has done a lot will continue to be an option for the City of Melbourne of travelling to get to the situation it is in today. I but will not be available to other councils. In addition to believe this bill will again take it forward and prepare other matters, orders in council will be able to specify Melbourne for the future. whether or not above-the-line voting is used. The bill will also make minor amendments to the City of Electoral representation reviews are reviews of the Melbourne Act 2001 to change from 4.00 p.m. to electoral structures of councils. Those reviews consider 12 noon the time by which candidates must lodge three matters: how many councillors are appropriate for particular electoral documents on relevant days. This each municipality; what electoral structure is change is part of a process to bring City of Melbourne suitable — the options obviously being an election processes into line with other council elections. unsubdivided council, multimember wards and single-member wards; and where ward boundaries It is very important, Acting Speaker, and I know you should be located if wards are required. Until 2003 would agree with me, that we protect the independence, councils conducted their own electoral representation effectiveness and efficiency of councils. Could there be reviews. Now all electoral representation reviews are any more important council than the City of Melbourne conducted independently by the VEC (Victorian is to Victoria? My electorate is spread across three Electoral Commission). However, the City of council areas, and that makes a difference to the Melbourne has been excluded from the process. Unlike communities living within those council areas and how the case with other councils, its electoral structure has much those communities rely on the effectiveness of been prescribed in detail in the City of Melbourne Act the councils and councillors. How councillors go about 2001. getting their jobs and how they then do their jobs is clearly critical. Without wanting to besmirch the Electoral representation reviews are required for each reputations of any of the councils, there are significant council before every third general election at least; differences in the implementation of particular policies however the minister can also require a review to be by those councils, both in how those policies are conducted at any time. The process for a review created and in how they are put into practice. includes the following statutory processes: the electoral commission gives public notice of the review, and 20:50 It is critical that we deal in an expeditious but very people are then invited to make preliminary circumspect way with anything that will significantly submissions. The electoral commission prepares an affect councils, and particularly a council as important preliminary report with a preferred option and usually as the City of Melbourne. also with alternative options. People are invited to make submissions in response to the preliminary report, and The City of Melbourne has quite a varied history from people making submissions may also request at that the perspective of the way it has appointed its time to be heard. The electoral commission submits a councillors and the way it was structured. In fact the final report to the minister. The electoral commission city council has seen many electoral structures since its generally organises these processes, and we are establishment as the Town of Melbourne in 1842. In the fortunate that it does, by publishing a guide and having 1842 elections 12 councillors were elected to represent informal and sometimes formal meetings to give people four three-member wards. Voting was done in licensed information about the processes it is undergoing. The hotels, and the first meeting was held at the Royal Hotel Local Government Act 1989 provides for the minister in Collins Street. For most of its history Melbourne had to seek orders in council to implement the structures that involved three-member wards. This recommendations made by the electoral commission changed in 1996, when a completely new structure was after conducting a review. introduced following municipal structuring. The 1996 council had 9 members: 5 councillors were elected at The Melbourne review specifically is currently large from the entire district and 4 councillors were undertaking a review of the election of councillors at elected the from single-member wards. This structure the City of Melbourne at the request of the minister and was changed again in 2001, when the current with the agreement of council. The report of this review arrangements were put in place. This was the first time is due out in March 2012. The minister requested this that the Lord Mayor was duly elected directly by review following a request from council to have voters. Melbourne now has seven councillors elected reviews similar to those of other councils. The Local from the entire municipal district using a Senate-style Government Legislation Amendment (Electoral voting system, plus a Lord Mayor and a deputy lord Matters) Act 2011 was also passed this year to amend mayor, who are elected as a team to also represent that the City of Melbourne Act 2001 to allow for CITY OF MELBOURNE AMENDMENT BILL 2011

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subsequent reviews for the City of Melbourne. Having said all that, I add that I think this bill goes a Electoral representation reviews for the City of long way towards assisting us with the processes that Melbourne are limited to election of ordinary are bringing about a situation whereby the City of councillors. They do not consider the positions of Lord Melbourne can, from a council perspective, move Mayor or deputy lord mayor, which remain subject to confidently into the future. I commend the bill to the legislation. house.

The timetable for the current Melbourne review Mr McGUIRE (Broadmeadows) — I rise to make a includes public information sessions in early November contribution in the public interest on the City of 2011; preliminary public submissions due by Melbourne Amendment Bill 2011. The main purpose 24 November 2011; the release of preliminary reports of this bill is to alter the City of Melbourne Act 2001 to in January 2012; submissions in response to the report allow the government to implement the due by 23 February 2012; a public hearing conducted recommendations of the electoral representation review on 29 February 2012; and a final report, with of the City of Melbourne by the Victorian Electoral recommendations, due on 21 March 2012. Commission (VEC) without further legislative changes.

20:55 I say again that we are considering a very important The review and subsequent reforms are important piece of legislation here. During my earlier life, when I because the relationship between the Victorian lived in a country area, there was a lot of angst about government and the Melbourne City Council has been councils and how they operated. Obviously these issues fractious, controversial and colourful, to say the least. can become quite parochial too. For instance, I lived in Even in the time I can remember, we have moved from Tocumwal, and the local council was Berrigan. The a metropolis run by Clown Hall to Melbourne Berrigan Shire Council controlled all of the facilities blossoming into the world’s most livable city. The and everything within that council; it was quite a large, VEC’s review and findings are important not just to sprawling council. The membership of the council was Melburnians but to all Victorians, because they go to mainly made up of council officers who came from the the heart of issues concerning democracy and Berrigan area and who had a considerable amount of representation and they will play a role in safeguarding control over what went on in the Tocumwal area. Melbourne’s international reputation and standing as People from Tocumwal thought the Tocumwal area the state’s economic and financial engine room and was the jewel in the crown, but the Berrigan Shire Australia’s sporting, arts and cultural capital. Council officers tended to negate that. The point I am making is that the job of a councillor is obviously The review is under way and is expected to be critical. Councillors are there to guide, to assist their completed by March, in time for next year’s Melbourne constituents and to make sure the decisions made by a City Council elections. It does not interfere with the council in a particular area are supportive of what is election of the Lord Mayor of Melbourne or the required in their electorate. position of deputy lord mayor. However, there are issues that will be contested and consequent findings Moving forward to my current situation, I note that that will inevitably prove contentious. These will there are three councils that are imposed upon the include whether Melbourne city councillors are elected constituents of my electorate. It is very interesting to at large, in Senate style, or in wards. The significance of watch each council operate in a different way and to see this should not be underestimated, given how hard these how those different operations impact upon the lives of issues have been fought in the past. people in the community. One of the really interesting aspects is the variation in graffiti policy. One council Melbourne City Council helped deliver separation from will clean graffiti off anything, the next council will New South Wales, but even when the city was only clean it off public buildings and another council impoverished and the roads were unmade and choked really has not quite made up its mind what it is doing. with mud in the pre-gold rush days of the 1840s, public To drive through those townships and see the different attention centred on who had the decision-making effect brought about on each of those townships by power in Victoria’s capital city. Despite the passage of those council policies, which have clearly been brought time emasculating many of the Melbourne City into place by the councillors, really lets you know just Council’s powers and responsibilities and Victorian how important those decisions are, which likewise lets governments repeatedly sacking the council, issues us know how important the mechanism we are concerning representation are acutely felt and discussing tonight is and emphasises how important contested. The timeless tensions between the wants and this legislation is as we go through our consideration of needs of residents and the commercial interests of it. business big and small will be played out again after the CITY OF MELBOURNE AMENDMENT BILL 2011

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VEC’s review and findings are released for public served both tiers of government with distinction, and he debate. provided a special insight into the views of representation and power sharing. He highlighted that 21:00 It is worth reflecting on how this power struggle has the VEC’s findings regarding the internal structure of evolved. David Dunstan provided an insight in an the City of Melbourne and the number of councillors article in the Age in 2004 entitled ‘The evolution of will be hotly contested. Therefore the conundrum is “Clown Hall”‘. It states: now, as it was in the past, the question of balance between the extraordinary blend of skyscrapers housing Jeff Kennett’s Liberals removed those pesky residential areas and councillors who, in the 1980s, committed the political sin international companies to workers cottages, high arts of representing the interests of their areas. The Kennett to fringe festivals and cutting edge research institutions government broadly accepted the recommendations of city to heritage architecture. It is the mix that makes property and commercial interests that wanted a compliant, Melbourne marvellous, and so is its representation. business-oriented council.

Instead of going bigger, as did provincial cities such as The critical public-interest test for governance is that Geelong, Bendigo and Ballarat, Melbourne went smaller. the new arrangements for the City of Melbourne deliver Now we have the irony of North Carlton, which has streets all stability; that is the key to the future. Victoria and named after city councillors and officials of the 1870s, but Melbourne cannot afford to have the Melbourne City which is in the neighbouring City of Yarra. Council again dissolve into warring factions. Defining In the 1950s and ‘60s, the MCC was controlled by how the Melbourne City Council was able to shrug off conservative business and political interests. A little known the dysfunctional Clown Hall tag, the former Liberal and secretive party organisation, the Civic Group, decided Minister for Local Government, Alan Hunt, argued in who would be Lord Mayor. No fuss, no bother. Leading members, such as Sir Maurice Nathan and Sir Leo Curtis, got the Age in November 2004: their turn. If they served for three years they were knighted. … we have seen the implementation of virtually all The Labor Party sought to control the MCC but the 1954-55 recommendations of the Kirner committee — split decimated its political talent. Finally, when conservative power began to crumble in 1979 the Liberal administration of the committee was formed under former Premier Joan Rupert Hamer, in one its less admirable moves, ‘sacked’ the Kirner, on which Mr Hunt stated he had the privilege of council to prevent existing ‘normal’ electoral means taking serving — their course. … as well as vastly improved relations with the state The conclusion of this political analysis was that neither government … and restored community respect for and party in government wants much trouble, or even lip, confidence in the council. from Clown Hall. Consequently, we will note how the relationship between Victoria’s two most important He cited leadership and teamwork and the following tiers of government evolves under the state coalition. I crucial strategy for success: have used historical insight to underscore the … teamwork has been neither Liberal nor Labor, but substantive point that there is a significant bipartisan; neither pro nor antidevelopment, but pro good responsibility inherent upon the City of Melbourne and development; neither pro nor antigovernment, but the government of Victoria to safeguard and enhance pro-Melbourne. Melbourne’s position as the world’s most livable city. I recommend this strategy to the current Melbourne This bill seeks to bring the City of Melbourne into line City Council and future councils. This is the least they with other municipalities. That is admirable, but as the should do. capital of Victoria the city of Melbourne is unique. This Labor does not oppose this bill. I wish the Victorian position must be safeguarded because Melbourne is Electoral Commission success in balancing competing home to more than 96 000 residents, boasts a day time interests and delivering stability so that Melbourne population of 788 000, a night-time population of thrives as the world’s most livable city. 363 000 and welcomes almost 1.5 million international visitors annually. More than 400 000 people work Mr CRISP (Mildura) — I move: within the city of Melbourne. Put simply, Melbourne is the jewel in Victoria’s crown and is too precious for That the debate be now adjourned. petty politics. House divided on Mr Crisp’s motion: 21:05 I note the contribution of Labor’s lead speaker, the Ayes, 44 member for Richmond. As a former Lord Mayor of Melbourne and Minister for Local Government, he has Angus, Mr Mulder, Mr Asher, Ms Napthine, Dr CITY OF GREATER GEELONG AMENDMENT BILL 2011

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Baillieu, Mr Newton-Brown, Mr In my opinion, the bill as introduced to the Legislative Battin, Mr Northe, Mr Assembly is compatible with the human rights protected by Bauer, Mrs O’Brien, Mr the charter act. I base my opinions on the reasons outlined in Blackwood, Mr Powell, Mrs this statement. Bull, Mr Ryall, Ms Burgess, Mr Ryan, Mr Overview of the bill Clark, Mr Shaw, Mr Crisp, Mr Smith, Mr R. The purpose of the bill is to provide for the direct election of Delahunty, Mr Southwick, Mr the mayor of Greater Geelong by the voters of the Dixon, Mr Sykes, Dr municipality and to make other related amendments. Fyffe, Mrs Thompson, Mr Gidley, Mr Tilley, Mr The bill achieves this by amending the City of Greater Hodgett, Mr Victoria, Mrs Geelong Act 1993. Katos, Mr Wakeling, Mr Human rights issues Kotsiras, Mr Walsh, Mr McCurdy, Mr Watt, Mr Section 18 of the charter act protects the right to take part in McIntosh, Mr Weller, Mr public life. Section 18 states that ‘every eligible person has McLeish, Ms Wells, Mr the right, and is to have opportunity without discrimination, to Miller, Ms Wooldridge, Ms vote and be elected at periodic state and municipal elections Morris, Mr Wreford, Ms that guarantee the free expression of the will of the Noes, 43 electors …’ Allan, Ms Hulls, Mr Clause 5 (new section 11) of the bill provides that a person Andrews, Mr Hutchins, Ms may not be a candidate for the positions of mayor and Barker, Ms Kairouz, Ms councillor simultaneously. This may be regarded as a Beattie, Ms Knight, Ms limitation of the right to take part in public life under Brooks, Mr Languiller, Mr section 18 of the charter act, as it imposes a condition on a Campbell, Ms Lim, Mr person’s eligibility to be a candidate for mayor or councillor Carbines, Mr McGuire, Mr in local council elections for the City of Greater Geelong. D’Ambrosio, Ms Madden, Mr Donnellan, Mr Merlino, Mr To the extent that clause 5 is a limitation on the right to Duncan, Ms Nardella, Mr participate in public life, the limitation is reasonable and Edwards, Ms Neville, Ms justified. The purpose of the limitation is to improve the Eren, Mr Noonan, Mr electoral process for the City of Greater Geelong by ensuring Foley, Mr Pallas, Mr a clear distinction between the roles of mayor and councillors Garrett, Ms Pandazopoulos, Mr at the City of Greater Geelong. The role of mayor is one of Graley, Ms Perera, Mr leadership and accountability to the entire municipality and is Green, Ms Pike, Ms distinct from the role of councillors elected to represent Halfpenny, Ms Richardson, Ms individual wards. This distinction minimises the possibility of Helper, Mr Scott, Mr bias or the perception of bias by the mayor towards a given Hennessy, Ms Thomson, Ms ward in the municipality. Herbert, Mr Trezise, Mr Holding, Mr Wynne, Mr The mayor of Greater Geelong will have additional Howard, Mr responsibilities and powers, which distinguish the mayoral role from that of a councillor. In addition to taking precedence Motion agreed to. at municipal proceedings in the municipality, clause 6 (new section 11E) of the bill gives the mayor of Greater Geelong Debate adjourned until later this day. the additional power to appoint a councillor to represent the council as well as the power to appoint a councillor as 21:10 chairperson of a special committee. CITY OF GREATER GEELONG Limiting the eligibility of candidates to nominate for a single AMENDMENT BILL 2011 role is not uncommon in municipal elections. The City of Melbourne Act 2001 contains a similar prohibition on dual Statement of compatibility nominations. In addition some other states, namely Queensland and South Australia, also prohibit dual Mrs POWELL (Minister for Local Government) nominations for mayor and councillor positions. tabled following statement in accordance with Jeanette Powell MP Charter of Human Rights and Responsibilities Act Minister for Local Government 2006: Second reading In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (‘the charter act’), I make this Mrs POWELL (Minister for Local Government) — statement of compatibility with respect to the City of Greater I move: Geelong Amendment Bill 2011 (‘the bill’). That this bill be now read a second time. CITY OF GREATER GEELONG AMENDMENT BILL 2011

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The City of Greater Geelong Amendment Bill 2011 that is, voters will elect 12 councillors to represent will amend the City of Greater Geelong Act 1993 to 12 single-member wards. reconstitute that council to include a mayor who is directly elected by all the voters of that municipality. The standard arrangement, which applies to all other Victorian councils under the Local Government Act The government made a commitment to the people of 1989, is that there may be no more than 12 councillors Geelong that it would allow them to directly elect their for a council. Under this bill, Greater Geelong will mayor. This bill will give legislative effect to that exceed this number for its next term of office. This is commitment. because the addition of the mayor will result in 13 councillors being elected. This situation will only Geelong is Victoria’s second largest city and the apply for one term of the council. council is one of the largest in the state. It is important that a municipality of such state and regional Before the following general election, in 2016, an 21:15 significance has governance arrangements that will help electoral representation review will be undertaken by it grow and prosper. the Victorian Electoral Commission to recommend an electoral structure that includes no more than A mayor elected by the whole Greater Geelong 11 ordinary councillors. This will realign Greater community will be someone with the endorsement to Geelong with other municipalities. speak on behalf of that community and to advocate for the city’s interests nationally and internationally. A After the election, the council will be required to elect mayor elected for the full four-year term of the council one of the councillors to be the deputy mayor. The term will also ensure consistent leadership for the council. of office of a deputy mayor will be up to 12 months and a councillor may be elected for successive terms as Before deciding what model for the direct election of deputy mayor. the mayor was best for Greater Geelong, the government undertook extensive consultation with the The deputy mayor will perform the duties of the mayor community. It also consulted key stakeholders, when the mayor is unavailable. If the position of mayor including the Greater Geelong City Council. The model is vacant for any period, the deputy mayor will become provided in this bill reflects the outcomes of those the acting mayor. consultations. Specific provision is also made in this bill for At the next local government elections, in October allowances for the mayor and deputy mayor. These 2012, the mayor of Greater Geelong will be directly allowances will be set by an order in council and elected to represent the entire Greater Geelong adjusted annually in the same way as the allowances for community. The form of election will be by preferential the Lord Mayor and deputy lord mayor of Melbourne. voting and election will be at the same time as the election of councillors. Each voter will receive two The mayor of Greater Geelong will have additional ballot papers; one for mayor and one for their ward powers appropriate to a leadership position elected by councillor. the entire community. The mayor will be able to decide which councillors will be the council representatives on Candidates will be required to decide whether they other organisations, except for remunerated positions wish to nominate for the position of mayor or for a which will continue to be appointed by council. In position as councillor. Dual nominations will not be addition, the mayor will be empowered to appoint allowed. This is consistent with the arrangement at the councillors to chair special committees of the council. City of Melbourne and with local governments in some other states. These additional powers of the mayor are generally similar to those of the Lord Mayor of Melbourne, Limiting nominations to either mayor or councillor except that the Lord Mayor’s powers are broader and recognises that the roles have distinct differences and subject to delegation by the council. will provide clarity for voters about the roles being sought by candidates. It will also ensure that the person The model proposed for Greater Geelong is different elected to be mayor is not someone who also sought from that applying at the Melbourne City Council, election in a particular ward and may be perceived as which is the only other Victorian council with a directly having a bias in favour of that ward. elected mayor. This reflects feedback from the Greater Geelong community about their preferred model. At the 2012 elections, the electoral structure for the election of ordinary councillors will be unchanged — LEO CUSSEN INSTITUTE (REGISTRATION AS A COMPANY) BILL 2011

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After the new model has been in operation for two Human rights issues years, the government intends to review its 1. Human rights protected by the charter act that are effectiveness and comparison to the Melbourne model. relevant to the bill The review will also consider whether a model for the direct election of mayors should also be available for The Bill does not engage any of the rights under the charter other councils. Further advice about this review will be act. provided in due course. 2. Consideration of reasonable limitations — section 7(2)

The provisions in this bill aim to enhance the leadership As the bill does not engage any of the rights under the charter and representative democracy in one of the most act, it is not necessary to consider section 7(2) of the charter significant councils in Victoria. act. Conclusion I commend the bill to the house. I consider that the bill is compatible with the charter act Debate adjourned on motion of Mr WYNNE because it does not engage or limit any of the rights under the (Richmond). charter act. Robert Clark, MP Debate adjourned until Wednesday, 7 December. Attorney-General Second reading LEO CUSSEN INSTITUTE (REGISTRATION AS A COMPANY) Mr CLARK (Attorney-General) — I move:

BILL 2011 That this bill be now read a second time. Statement of compatibility Almost 40 years ago, the Leo Cussen Institute was established in Victoria to provide professional training Mr CLARK (Attorney-General) tabled following for articled clerks and continuing education for lawyers statement in accordance with Charter of Human to keep them up to date with developments in the law. Rights and Responsibilities Act 2006: From 1975, the institute began offering a full-time In accordance with section 28 of the Charter of Human Rights practical training course for law graduates as an and Responsibilities Act 2006 (charter act), I make this alternative to articles of clerkship. This is perhaps the statement of compatibility with respect to the Leo Cussen course for which the institute is best known. The name Institute (Registration as a Company) Bill 2011. of the institute was chosen to honour Sir Leo Finn In my opinion, the Leo Cussen Institute (Registration as a Bernard Cussen, a highly respected barrister and a Company) Bill 2011, as introduced to the Legislative justice of the Supreme Court from 1906 to 1933. Assembly, is compatible with the human rights protected by the charter act. I base my opinion on the reasons outlined in Over the years, the institute has continued to provide this statement. high-quality legal training to both law graduates and Overview of bill practitioners, engraining in them the attributes for which Sir Leo Cussen himself was known: thorough The Leo Cussen Institute (the institute) was established as a preparation, clarity of argument and sound knowledge statutory body corporate by the Leo Cussen Institute Act 1972. The bill provides for the registration of the institute as a of legal principles. company limited by guarantee under section 5H of the Commonwealth Corporations Act 2001. Section 5H allows However, in this time, the market for legal training has state legislation to deem a body to be a company of a changed significantly, as has the regulatory oversight of particular type and to set the company’s registration day. The the substance and quality of legal training. The institute institute’s registration day will be set by the Attorney-General is no longer the only provider of practical legal training in an order published in the Government Gazette once satisfied that the institute has lodged the required registration in Victoria, and there are numerous providers of documents with the Australian Securities and Investments practical legal training at the national level. The Commission. The institute will be a company limited by institute is now an accredited higher education provider, guarantee with charitable purposes, providing education for trading under the business name of the Leo Cussen legal practitioners, prospective legal practitioners and others concerned with the application of the law. Registration of the Centre for Law, and, as such, is required to meet institute as a company will not create a new legal entity; the stringent regulatory requirements. The institute’s main company will be taken for all purposes to be a continuation areas of activity — continuing professional of, and the same legal entity as, the institute established by the development, practical legal training and supervised Leo Cussen Institute Act. The bill allows for the repeal of the Leo Cussen Institute Act after registration occurs. LEO CUSSEN INSTITUTE (REGISTRATION AS A COMPANY) BILL 2011

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workplace training — are governed by legal profession Following advice from the Australian Securities and rules and regulations. Investments Commission, the bill provides for registration of the institute as a company under 21:20 It is not surprising, then, that two recent reviews have section 5H of the Corporations Act. Section 5H allows made recommendations to allow the institute to operate state legislation to deem a body to be a company of a independently and competitively in the market for legal particular type and to set the company’s registration education services. day.

A 2006 review of legal education services in Victoria In accordance with section 5H, the bill provides that the by Professor Susan Campbell, AM, who sadly passed institute will be registered as a company limited by away earlier this year, lead to the phasing out, over four guarantee with the proposed company name of ‘Leo years, of funding for the institute from the legal Cussen Institute’. The company’s registration day will profession’s Public Purpose Fund. With careful be specified in an order published in the Government management and an increase in its existing activities, Gazette but this order will not be made until the the institute is now in a position where it no longer institute has lodged with the Australian Securities and relies on this ongoing funding to operate. The institute Investments Commission all necessary information and does not otherwise receive government funding. documents as required by the Corporations Act for company registration. A 2009 review of the Leo Cussen Institute Act 1972 by Crown counsel, Dr John Lynch, found that it was not Registration of the institute as a company will not necessary for the institute to remain as a statutory body create a new legal entity; the registered company will for it to provide its legal education services. Crown be taken for all purposes to be a continuation of, and the counsel recommended that the institute be assisted to same legal entity as the institute. This is to provide transition to a business structure better suited to the certainty about the ownership of the institute’s current current competitive legal training environment. assets and the institute’s status as an accredited higher education provider, as well as to protect current staff In response to Crown counsel’s recommendation, the and students of the institute. institute proposed that it become a company limited by guarantee with charitable purposes, namely the Following registration of the institute as a company, the provision of education. Leo Cussen Institute Act 1972 will no longer have effect. The bill therefore provides for the repeal of this The government acknowledges that, across the legal act on a day to be proclaimed that is on or after the day community, there is great support for the institute to the institute is registered as a company. Other than for continue providing the services it does. The this repeal, the bill will come into operation on royal government has accepted the institute’s proposal to assent. change its corporate structure on the basis that it will allow the institute to continue to operate as a viable As a company limited by guarantee, the institute participant in the legal training sector in Victoria and intends to be governed by a corporate constitution, open up greater opportunities for it to operate in other which will require the institute to pursue charitable parts of Australia. purposes that include providing education for legal practitioners, prospective legal practitioners and others As a company, the institute will be able to provide its concerned with the application of the law, and services in Victoria and nationally, while being encouraging access to participation in legal practice by regulated under the regulatory scheme of the people with diverse and disadvantaged backgrounds. commonwealth Corporations Act 2001. As a company limited by guarantee for charitable purposes, the The constitution will require the institute to apply its institute will be required to apply its assets and property income solely in promoting its charitable purposes and for the purposes of legal education, not for the profit of no part of the institute’s income will be paid or company members. transferred by way of a dividend bonus to company members. In the event that the institute is wound up, the The bill the government is introducing today therefore constitution will require any surplus assets to be provides for the registration of the institute as a distributed to an entity with similar charitable purposes. company limited by guarantee. The bill has the support This will ensure that the assets and goodwill established of the institute and has been developed in consultation by the institute over the last 40 years will continue to be with the institute. applied for the benefit of educating the legal profession. BUSINESS NAMES (COMMONWEALTH POWERS) BILL 2011

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The institute is well equipped to take this next step in its The Business Names Act and Business Names Transitional history. In celebrating its 40th anniversary, the institute Act to be adopted by the bill are not subject to the interpretative obligation under section 32 of the charter act will also be able to celebrate a new beginning, which because both will operate as commonwealth legislation. The will be for the benefit of Victorian lawyers and aspiring power to make declarations of inconsistent interpretation lawyers alike. under section 36(1) of the charter act will likewise not be available. Furthermore, ASIC is not a public authority for the I commend the bill to the house. purposes of the charter act. While the Business Names Act and Business Names Debate adjourned on motion of Mr HOLDING Transitional Act will operate outside the charter act’s (Lyndhurst). protections, it is not possible to achieve the aims of the national business names scheme without adopting that Debate adjourned until Wednesday, 7 December. legislation. A national business names registration system will significantly reduce the bureaucracy, administrative cost and 21:25 fees associated with registering business names, as well as BUSINESS NAMES (COMMONWEALTH improve knowledge and certainty for Australian businesses. It will eliminate the inconvenience for business to engage with POWERS) BILL 2011 the registration office of each state and territory, and pay duplicate fees for registration and access to information. Statement of compatibility It is not possible to assess the charter act compatibility of any Mr McINTOSH (Minister for Corrections) tabled future amendments that may be made by the commonwealth Parliament in an exercise of the referred power to make following statement in accordance with Charter of amendments to the Business Names Act or Business Names Human Rights and Responsibilities Act 2006: Transitional Act. However, under clause 4.4(1) of the IGA, the commonwealth cannot repeal or amend the national law In accordance with section 28 of the Charter of Human Rights without the approval of the Ministerial Council for and Responsibilities Act 2006 (charter act), I make this Corporations, unless the amendment is of a minor or technical statement of compatibility with respect to the Business nature or could be made without reliance on state referrals of Names (Commonwealth Powers) Bill 2011. power.

In my opinion, the Business Names (Commonwealth Powers) Human rights issues Bill 2011, as introduced to the Legislative Assembly, is compatible with the human rights protected by the charter act. 1. Evidential onuses I base my opinion on the reasons outlined in this statement. The commonwealth legislation contains a number of Overview of bill regulatory offences that impose an evidential onus on a defendant to adduce or point to evidence that goes to an The purpose of this bill (the adoption bill) is to adopt the exception, excuse or defence (sections 18(2), 19(5), 20(3), Business Names Registration Act 2011 (commonwealth) (the 21(2), 77(2) and 77(4) of the Business Names Act and Business Names Act) and the Business Names Registration items 25(2) and 25(4) of schedule 1 to the Business Names (Transitional and Consequential Provisions) Act 2011 Transitional Act). (commonwealth) (the Business Names Transitional Act), and to refer certain matters relating to the registration and use of Right to be presumed innocent (section 25(1)) business names to the Parliament of the commonwealth for the purposes of section 51 (xxxvii) of the constitution of the Section 25(1) of the charter act provides that a person charged commonwealth, but only to the extent of the making of laws with a criminal offence has the right to be presumed innocent with respect to these matters by making express amendments until proved guilty according to law. A provision that shifts of the Business Names Act and Business Names Transitional the burden of proof to the accused, or applies a presumption Act. of fact operating against an accused, engages this right.

The adoption bill will also repeal the Business Names Act In my view, these provisions do not transfer the legal burden 1962 and make transitional and consequential arrangements of proof, because once the defendant has adduced or pointed necessary as a result of that repeal. to some evidence, the burden is on the prosecution to prove beyond reasonable doubt the absence of the exception raised. The adoption bill is intended to implement Victoria’s Furthermore, the burdens do not relate to essential elements commitments under the 2009 Intergovernmental Agreement of the offences and are only imposed on the defendant to raise for Business Names Agreement (IGA), which records the facts that support the existence of an exception, defence or Council of Australian Governments decision to establish a excuse. I consider this is appropriate in respect of each of national business names registration scheme, to be these offences because the defences and excuses provided in administered by the Australian Securities and Investments these acts relate to regulatory matters within the knowledge of Commission (ASIC). the defendant, who will possess the relevant records and documents needed to establish the excuse or defence. Without This statement assesses the compatibility of the adoption bill, an evidential onus on the defendant, it will be too difficult and the Business Names Act and the Business Names Transitional onerous for the Crown to investigate and prove the absence of Act with the charter act. an excuse or defence beyond reasonable doubt. BUSINESS NAMES (COMMONWEALTH POWERS) BILL 2011

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Accordingly, I consider the above sections to be compatible result of the move to a national scheme for business with the right to be presumed innocent in the charter act. names registration. 2. Restrictions on words and expressions Currently, entities carrying on a business under a Section 27 of the Business Names Act provides that the trading name (that is, a name that is not an individual’s minister may, by legislative instrument, determine the kinds own name or a corporation’s corporate name) are of names that are undesirable for the purposes of this scheme. required to register that name in the Australian state or Section 28 of the Business Names Act provides that the minister may, by legislative instrument, determine that a word territory in which the business is carried on. or expression is restricted completely or restricted in relation to a specific class of entity or business unless certain In Victoria, the Business Names Act 1962 requires conditions are met. These provisions engage the right to entities to register their business names with Consumer freedom of expression in the charter act. Affairs Victoria, which administers and maintains a Right to freedom of expression (section 15) publicly available register of business names. This register assists the community to identify individuals or Section 15(2) of the charter act provides that every person has entities operating under particular business names in the right to freedom of expression which includes the freedom Victoria. If a Victorian business wishes to operate to seek, receive and impart information and ideas of all kinds. Restricting the availability of business names that can be interstate, it must separately register its business name registered restricts this freedom to impart information and under the business names legislation of the state or ideas. territory in which it proposes to carry on business.

However, the right to freedom of expression includes special In 2005, Prime Minister Howard established a task duties and responsibilities and may be limited pursuant to section 15(3) to respect the rights of others, or for the force, led by the chairman of the Productivity protection of national security, public order, public health or Commission, Gary Banks, to identify options for public morality. reducing regulatory burden on business. This task force recommended the streamlining of business names, This restriction is to prevent the registration of names that are either undesirable due to their offensive nature or are likely to Australian business numbers and related licensing and be misleading to consumers, particularly in relation to certain registration processes. regulated specialist industries. The Business Names Act allows affected entities to apply to the minister for permission Following the release of the task force report, the to use a name that has been declared as undesirable Council of Australian Governments agreed in 2009 to (section 27(2)) and to seek internal and administrative review transfer responsibility for the registration of business of such decisions (section 56). I conclude that any limits on the freedom of expression are reasonably necessary under names from states and territories to the commonwealth section 15(3) for the purposes of public order and public government. morality. The bill delivers on Victoria’s commitments under the Conclusion Council of Australian Governments’ 2009 agreement I consider that the adoption bill, the Business Names Act and by providing for the adoption of the Business Names the Business Names Transitional Act are all compatible with Registration Act 2011 of the commonwealth and the the Charter of Human Rights and Responsibilities because Business Names Registration (Consequential and although some provisions do engage human rights, these Transitional Provisions) Act 2011 of the provisions do not limit these rights. commonwealth. These commonwealth laws received Hon. Michael O’Brien, MP royal assent on 3 November 2011. Minister for Consumer Affairs The bill also refers power to the commonwealth to Second reading make future amendments to the commonwealth laws. Mr McINTOSH (Minister for Corrections) — I This amendment reference is tightly confined, to move: protect areas of state legislative responsibility that are not intended to be referred to the commonwealth, such That this bill be now read a second time. as the registration of cooperatives, incorporated associations and partnerships. The purposes of the Business Names (Commonwealth Powers) Bill 2011 are to: adopt national laws for the The commonwealth laws will operate concurrently with registration of business names and provide the Victorian laws and this Parliament may still enact commonwealth with a referral of power to make future legislation that displaces or excludes the operation of amendments to those laws; repeal Victoria’s business the commonwealth laws or specified provisions of names registration legislation; and provide for those laws. consequential and transitional provisions necessary as a CITY OF MELBOURNE AMENDMENT BILL 2011

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The bill also repeals the Business Names Act and Victorian businesses and making it easier for Victorian makes consequential and transitional amendments to consumers to find out information about the businesses other Victorian legislation to ensure a smooth transfer they come into contact with. to the new national business names scheme. In particular, transitional provisions: I commend the bill to the house.

permit the transfer of data from the Victorian Debate adjourned on motion of Mr WYNNE business names register administered by Consumer (Richmond). Affairs Victoria to the Australian Securities and Investments Commission for the establishment of Debate adjourned until Wednesday, 7 December. the national register;

recognise that applications, renewals, cancellations CITY OF MELBOURNE AMENDMENT and other processes in progress in Victoria on BILL 2011 commencement of the national scheme will be Second reading completed by Consumer Affairs Victoria; Debate resumed from earlier this day; motion of maintain existing appeal rights for cancellation Mrs POWELL (Minister for Local Government). decisions made under section 19 of the Business Names Act by the director of Consumer Affairs Mr CRISP (Mildura) — I rise to make a Victoria; and contribution on the City of Melbourne Amendment Bill 2011. The purpose of the bill is to amend the City of enable renewal notices to be issued three months Melbourne Act 2001 to enable orders in council to be prior to a registration’s expiry, to avoid a backlog of made to alter the constitution of the Melbourne City outstanding renewals at the transition date. Council and to make consequential and minor 21:30 The bill will also amend the Partnership Act 1958, the amendments. Associations Incorporation Act 1981 and the In amending the City of Melbourne Act 2001 this bill Co-operatives Act 1996 to ensure that a name will not will enable recommendations arising from electoral be available for registration by a partnership, representation reviews of the City of Melbourne to be incorporated association or cooperative if that name is implemented by orders in council. At the government’s registered to another entity on the national register. request and with the agreement of the Melbourne City Finally, the bill makes minor consequential Council, the Victorian Electoral Commission is amendments to a range of other Victorian acts, undertaking an electoral review of the council. The including to update references to the Business Names provisions of the bill will allow the recommendations Act with references to the Business Names Registration from the electoral representation review to be Act 2011 of the commonwealth. implemented by orders in council if necessary as In providing for the adoption of the new national happens with other councils; that will save any of those business names laws, the bill supports the establishment changes having to come before the Parliament before of a national business names registration scheme that being implemented. will allow businesses to operate nationally under a This is really about the effective implementation of single registered name. The creation of a national these changes. The Victorian Electoral Commission is business names register will remove the inconvenience currently undertaking the review at the request of the and potential confusion caused by multiple registrations minister as the Victorian Electoral Commission across different states and territories, and ensure that undertakes these particular reviews across all of only one set of rules applies throughout Australia Victoria. Really we are asking, ‘What was Parliament’s regarding business name registration. Current role in the past?’. Parliament’s role in the past was to administrative and financial burdens associated with approve these reviews. The reason that these changes registering in multiple jurisdictions will be removed. have come about is that it is a long process to bring a The new national business names process will be an bill before this house, and to bring a bill before the online service provided by the Australian Securities and house to make changes that are of little concern to the Investments Commission. The new system is Parliament just burns up time. anticipated to commence in the first half of 2012. This Why is the review being undertaken? The electoral bill ensures that Victoria has played its part in making representation review is being undertaken at the request this new system a success, thereby reducing red tape for CITY OF MELBOURNE AMENDMENT BILL 2011

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of the council and with the agreement of the Melbourne is a place of which we can all be proud. government. The minister agreed to the review after International visitors come to our city, and Melbourne considering the council’s request and noticing that there in a sense provides the face for the state of Victoria. had been no review of the electoral arrangements of the The city of Melbourne has been very ably governed City of Melbourne for 10 years. over many years. I take this opportunity to draw the attention of the house to the fact that the now member 21:35 The review will be conducted by the Victorian for Richmond is one who in his role as Lord Mayor of Electoral Commission through some consultation the city of Melbourne provided good, strong sessions. Such a review normally considers how many governance. We continually need to ensure that the councillors are required for a municipality, whether right mechanisms are in place to make sure that councillors should be elected to represent wards and the governance is strong so that there is a good, strong location of the ward boundaries, if needed. The City of structure for decision making which is utterly Melbourne is a little different because of its directly democratic, sophisticated and not beholden to sectional elected Lord Mayor and deputy lord mayor. These interests. positions are elected at large as a legislative requirement and are not subject to review; therefore the That structure also needs to ensure that councillors are review of the City of Melbourne will limit itself to the positioned to be able to make decisions for the common election of the remaining councillors. good that genuinely benefit the city and all its constituents. Councillors need to make these decisions We all know the arrangements for the election of Lord by balancing the individual rights and responsibilities Mayor and deputy lord mayor of the City of Melbourne of all the city’s constituents and by making decisions are unique in local government in Victoria and are not that benefit the whole of our state. This amendment bill being considered as part of this review. Other issues gives us the opportunity to again refresh the democratic will be looked at, including the unique provisions that process for the city of Melbourne so we can put in place allow an extended voting roll so that those who are the means by which we can review the number of entitled to vote in council elections are set out in people who are councillors of the City of Melbourne legislation. The City of Melbourne has slightly different and the nature of their representation, whether it be provisions for voter enrolments that recognise its ward based or as a whole group. Essentially we want to differences as a capital city and centre of business. In have a stable, effective and democratic decision-making broad terms, the entitlement to vote is based on body for this very important council. enrolment on the state electoral roll, having an address in the municipality or being the owner-occupier of a It is, I think, our pre-eminent council because it 21:40 rateable property. An electoral representation review represents the core and heart of our state. Many of these considers the structure of council, and voter issues are hotly contested, and I am pleased that the entitlements have never been part of that review, so we minister has given guarantees and demonstrated to this do not have to go there. The review will be completed, point her willingness to be open and allow these and recommendations will come forward. This bill reviews to take place. I know that with the framework provides that those recommendations will be effectively of this amendment bill we will be able to have a good enacted without the delay of a parliamentary process. I and hard look at what are sometimes very complex commend the bill to the house. issues, but this is in the interests of serving all those different stakeholder groups that I mentioned Ms PIKE (Melbourne) — I am very pleased to previously and in continuing to uphold the very good speak on the City of Melbourne Amendment Bill name that the City of Melbourne has internationally as because, as the capital city of our fair state of Victoria, an attractive place for people to visit and begin to all members of the house and certainly all members of understand the various aspects of our culture and the Victorian community, hold our capital city in great society and the community that lives within that area. affection. Because of that the council that represents this city is an incredibly important body, so we need to As has been said before, the opposition supports this make sure that we have the right legislative and bill. We go forward with confidence that members of governance framework in place to ensure that the the community and the various constituent groups will council is acting effectively and in the interests of all be fully consulted as we move towards any potential the citizens it represents, including residents, changes to the structure and nature of the City of stakeholders and peak bodies of organisations that find Melbourne. their home in the city. Mr WATT (Burwood) — I take great pleasure in rising to speak on the City of Melbourne Amendment CITY OF MELBOURNE AMENDMENT BILL 2011

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Bill 2011. The city of Melbourne has seen many review process. The government does not have a different electoral structures since its establishment as a particular preference for the outcome of this review. town in 1842. It is worth noting that voting was once Individual members might have particular views, but done in licensed hotels and the first meeting was held at the government does not have a view on the structure the Royal Hotel in Collins Street. That is just an that the review will recommend. interesting little fact. Ms Pike — What is your opinion? Have you got I thought I would speak on the bill rather than on other one? matters. If it helps the member for Essendon I can tell him that the City of Melbourne actually encompasses Mr WATT — I am happy to talk about my the Windsor Hotel. That might help him next time he opinion — — wants to speak on the City of Melbourne. The ACTING SPEAKER (Mrs Victoria) — The City of Melbourne now has seven councillors Order! Interjections are disorderly, and so is responding elected from the entire municipal district using a to them. I ask for interjections across the chamber to Senate-style voting system, plus a Lord Mayor and cease. deputy lord mayor who are elected as a team to also represent the entire district — — Mr WATT — I will not take up the interjection. 21:45 The city of Melbourne covers quite a diverse area with Ms Pike interjected. many different communities of interest, and I will allow the VEC to decide on that recommendation. I will allow The ACTING SPEAKER (Mrs Victoria) — the members of the house who actually live in the city Order! The member for Melbourne has had her turn. of Melbourne, such as the member for Lyndhurst, to decide what those actions are, rather than members Mr WATT — Currently there is a representation such as me who live in Boroondara — — review being conducted for the City of Melbourne. This was enabled by the Local Government Legislation Mr Wynne — On a point of order, Acting Speaker, Amendment (Electoral Matters) Act 2011, a bill this this is a relatively contained bill, and we have provided government introduced to this house. The Victorian the member for Burwood with some liberty tonight, but Electoral Commission (VEC) is undertaking a review I would ask you to draw him back to the bill. Perhaps of the election of councillors at the request of the he might have done a bit of research before he got up minister and with the agreement of the council. This and spoke. review is expected to be completed in March 2012. This bill will enable those recommendations to be The ACTING SPEAKER (Mrs Victoria) — implemented through orders in council rather than the Order! I do not uphold the point of order; however, I government having to introduce further legislation to ask the member to come back to the bill. change the principal act again. Honourable members interjecting. The Local Government Legislation Amendment (Electoral Matters) Act 2011 allowed for the review of Mr WATT — It is the City of Melbourne the council and for subsequent reviews. The timetable Amendment Bill 2011. I am happy to talk on the bill, as for the current City of Melbourne review includes a I have been doing, unlike the member for Essendon, public information session in early November 2011, who may have been talking about the city of Moonee preliminary public submissions to be submitted by Valley — — 24 November, which is fast coming up, the release of The ACTING SPEAKER (Mrs Victoria) — the preliminary report in January 2012, submissions in Order! I ask the member for Burwood to come back to response to the report by 23 February 2012, a public the bill. hearing on 29 February 2012 and the final report and recommendations are due on 21 March 2012. Mr WATT — This bill makes additional minor and technical amendments to the City of Melbourne Act This bill will enable any recommendations following 2001, which include changing the time for candidates to that review to be implemented by orders in council the lodge certain documents from 4.00 p.m. to 12.00 p.m. same way as is done for all other councils. The purpose This is part of a process of aligning lodgement times for of having the VEC conduct the review is to ensure that all council elections. It is important that the provisions it is independent from political direction. Having the of the bill come into effect in early 2012 — and I Parliament then consider these recommendations would mentioned the time line previously — so that changes be inconsistent with the independent nature of the CITY OF MELBOURNE AMENDMENT BILL 2011

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relating to the conduct of the City of Melbourne residents within Moorabool shire, but I am pleased to election can be fully implemented by October 2012. say that the councillors have helped to make it work, One of the orders that may be made is to specify that although time will tell whether residents in the west of schedule 1 of the act not apply. Schedule 1 of the act, Moorabool in my part of the shire still believe they are for those who have not bothered to read the bill, well represented. contains provisions that require the use of Senate-style above-the-line ballot papers. The bill will also repeal It is entirely appropriate that councils be reviewed and sections 28D and 28E of the City of Melbourne Act that the City of Melbourne be reviewed in the same 2001, because they preclude the making of orders in way as any other council. I hope the Victorian Electoral council after a review. I take great pleasure in Commission continues to do its job well, thoroughly recommending these provisions, and I commend the considers the submissions that are made and makes bill to the house. good recommendations to be considered by the minister. I am pleased to see this process continue. Mr HOWARD (Ballarat East) — I am pleased to say a few words about the City of Melbourne Honourable members interjecting. Amendment Bill 2011 because, as members in the house would know, there has been an ongoing process The ACTING SPEAKER (Mrs Victoria) — over a number of years whereby the Victorian Electoral Order! Before I allow the member for Frankston to Commission (VEC) has reviewed issues associated speak, I ask for a little shush in the chamber. with council boundaries — that is, their internal ward Mr SHAW (Frankston) — I am happy to speak on boundaries — whether there are better ways of the City of Melbourne Amendment Bill 2011. Local arranging the internal structures of the councils and councils are very important to Victorians. It is terrific to whether there ought to be a different number of see that Melbourne is up there as the world’s most councillors on the councils. livable city, beating Vienna as well as Vancouver and a The process of reviewing Melbourne City Council is few other cities in Canada. Our other capital cities in entirely appropriate and in line with what has been the top 10 are Adelaide, Perth and Sydney. Australia is happening in other places around the state. Within my a great place to live, and Melbourne is on top of the electorate all of the local governments, of which there tree. I will expand that a little. Melbourne is the most are five, have been reviewed, and in some cases quite livable city, but Frankston finished in the top five for substantial changes have been made. In other cases only singles, for couples and for a place on the Mornington minor changes were made. It is entirely appropriate that Peninsula, which I think is a fantastic result. these reviews take place and that those who live within This bill is enabling legislation, and its purpose is to the municipality be given an opportunity to put in allow the Minister for Local Government to seek orders submissions to have their views considered in relation in council to implement recommendations arising from to whether there should be new ways of viewing the a review of Melbourne City Council’s electoral boundaries within the council area, whether the overall structure. The Victorian Electoral Commission is ward structure that exists at the moment is appropriate, currently undertaking the review at the request of the whether there is a better way of structuring the internal minister. Without this legislation any recommended boundaries or, indeed, whether it is better to have no changes cannot be implemented unless Parliament is boundaries at all. involved and passes specific legislation. One good In each of the councils in my area we have seen thing about the bill is that it keeps the process out of different positions taken. For example, the City of Parliament and makes things move more quickly. It Ballarat has gone from nine individual wards down to takes time for legislation to be put together, drafted, three councillor wards with the same number of considered, debated and passed through both houses of councils. The Shire of Hepburn, for example, went Parliament. The second purpose of the bill, which is to from having five councillors in five wards to seven have the electoral commission conduct the review, will councillors in three or four wards. ensure that it is independent from political direction. It is about transparency of government. The electoral 21:50 There are different structures, and the Shire of commission is an independent body free from political Moorabool has quite a different structure in which the direction, and having the Parliament consider the area of Bacchus Marsh has become one ward, as recommendations would be inconsistent with the opposed to four separate wards, and there are now three independent nature of the review process. smaller country wards in the west of Moorabool. That restructure was something of a concern to some of my CITY OF MELBOURNE AMENDMENT BILL 2011

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Why is a review of the Melbourne City Council being essential to Victoria’s economic strength and undertaken at this particular moment? An electoral international reputation. I think this bill has the representation review is being undertaken at the request potential to enhance that reputation. It has the potential, of the council, and the minister agreed to the review if it is handled properly, to develop Melbourne by after considering the council’s request, which noted that making local government work better, and it also has there had been no review of the electoral arrangements the potential to enable many people who have a great of the City of Melbourne for just on a decade and that love of the city of Melbourne to have input into the other councils have regular reviews. review. I commend the bill to the house.

With that short contribution, I will hand over to the Mr WELLER (Rodney) — It is my great privilege member for Rodney. I commend the bill to the house. to rise this evening to speak on the City of Melbourne Amendment Bill 2011. The purpose of the bill — for Mr HERBERT (Eltham) — I can honestly say I am those who have trouble hearing — is to amend the City very pleased, in more ways than one, to be the member of Melbourne Act 2001 and to enable orders in council for Eltham and not the member for Rodney, and I say to be made to alter the constitution of the Melbourne that with all due respect to the member for Rodney. City Council and to make consequential and other minor amendments. It is a great pleasure to speak on the City of Melbourne Amendment Bill 2011. We have heard contributions As we have heard from many speakers this evening, it from many members who have been involved in local is all about the democracy of council and how we as a government. The member for Richmond is a former state government ensure that the City of Melbourne is Lord Mayor of the City of Melbourne, and he was a run in a very democratic way. What is the purpose of great Lord Mayor who did a lot to develop Melbourne this legislation? The City of Melbourne Amendment into the great city it is today. Daimaru was built under Bill 2011 will allow the minister to seek orders in the member for Richmond’s watch, and at the time it council to implement the recommendations arising was a great addition to Melbourne — an innovative from the review of the Melbourne City Council’s building that showed what we could do in terms of electoral structure. It is quite right that after many years being a centre of Australia. the electoral structure of the city council is indeed reviewed — — 21:55 This bill of course is about democracy, it is about change. It is about how we can improve local Mr Wynne — When was it reviewed last? government. It is about reviewing the type of electoral structure we have in terms of the City of Melbourne. It Mr WELLER — It does not matter when it was is about reviewing the boundaries and whether we have reviewed last; the fact is it is being reviewed. It is being multisector boundaries or whether we make other types reviewed, and we should implement the outcomes of of amendments. We do not oppose it. We think it is a the review. The Victorian Electoral Commission is good idea to have that boundary review. currently undertaking such a review at the request of the Minister for Local Government. For the member for I will say a few things, though, about local government Richmond’s benefit, the last review was in 2001, so and about democracy. When we come here we know 10 years on we are having a further review, which is from past experience that local government is quite appropriate. We came to government promising incredibly important in terms of providing services to fix the mess that was left to us, as the member for close to the ground, services that people use and Richmond would be well aware. One of our core services which as a state legislature we rely on for the promises was to fix the mess. We are having a review implementation of many of our larger policies and of the City of Melbourne to fix the mess. programs. If local government is not working efficiently, if it has a poor structure, if it is However, if I could get back to the bill, without this dysfunctional, then lots of the programs that we have legislation any recommended changes could not be here at a state government level will simply not be implemented unless the Parliament passed specific implemented. legislation, so obviously if we do not pass this bill, we may not be able to endorse the recommendations. I am In terms of the City of Melbourne, we know a lot about pleased to hear that the opposition is not opposing this the City of Brisbane, for instance, which is a very bill, because it is imperative that it goes through so that powerful local government unit, but the City of we can implement the changes that are recommended Melbourne is in fact a larger economic unit. It is more by a review that has not happened for 10 years. The central to Australia’s wellbeing and is absolutely opposition was in government for 11 long years, and ADJOURNMENT

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for 10 of those 11 long years it did not have a review of for which everything had been organised, but the family the City of Melbourne. was advised that the date and time had been double booked. They had to change everything and notify all Mr Hodgett — Ten years! Nothing? the mourners who were coming to the service. When they were at the cemetery and attending their funeral, Mr WELLER — Nothing! they spoke to a family friend who had attended another An honourable member interjected. funeral service. When this group left the chapel and walked to where the deceased was to be buried in the Mr WELLER — No, no. Why should the changes grounds of the park, they discovered that the wrong not be left to — — grave had been dug. They then had to go back to the chapel, wait for another grave to be dug and then 22:00 The SPEAKER — Order! The time appointed by proceed with the service. sessional orders for me to interrupt business has now arrived. The honourable member may continue his Other complaints are that there is not one experienced speech when the matter is next before the Chair. staff member; people rang and asked who was interred in a grave, but they could not get an answer; the Business interrupted pursuant to sessional orders. number of errors and problems at Lilydale are growing; the staff have no training and have no idea how to deal with grieving families; phones ring out constantly; the ADJOURNMENT chapel has been booked out a number of times; staff have advised families that they cannot pay for their The SPEAKER — Order! The question is: graves direct to the cemetery trust and have to pay the That the house now adjourns. funeral director, which is wrong because this incurs GST; another wrong grave was dug; and families have Cemeteries: administration been turned away by staff who say they cannot take payments or are too busy. Mrs FYFFE (Evelyn) — The matter I raise is for the Minister for Health. The action I request is that he The service is getting worse and worse as time goes by. look into the operation and effectiveness of the Greater In the past Lilydale Memorial Park was a professionally Metropolitan Cemeteries Trust. When the trust was run organisation with staff who knew what they were being formed by the former Minister for Health, the doing and were highly regarded by the community. now Leader of the Opposition, the former member for Residents and funeral directors have implored me to Caulfield and I raised questions with the minister about have something done about the mismanagement of this the size of this new cemetery trust. Whilst cemetery. understanding the need at that time for a review of cemetery trusts and some changes to be made because Vocational education and training: national of issues that had arisen, the minister took a regulator sledgehammer to a walnut and abolished all the smaller trusts that were working well and were financially Mr HERBERT (Eltham) — I wish to raise an issue viable. They now form the Greater Metropolitan for the Minister for Higher Education and Skills. The Cemeteries Trust. action I seek is for the minister to extend the consultation period on the review by the Essential I express concern on behalf of those who were forced Services Commission (ESC) of vocational education into the amalgamation. It has not worked at the Lilydale and training. The ESC VET Fees and Funding Review cemetery. Since the amalgamation of the trusts I have was released on 12 October and contained received many complaints about how the Lilydale 43 recommendations which will have a major impact cemetery and other local cemeteries are managed. From on the operations of the training sector and the viability a handful of complaints in the beginning, it has now of TAFE institutes. The report had been concluded become a weekly occurrence. The then minister, now weeks earlier but had been hidden away in the Leader of the Opposition, refused to listen to the minister’s office until the Queen’s arrival in Australia, concerns raised by the Lilydale Cemeteries Trust, when it was quietly slipped into the public domain. concerns that were raised with respect and after careful Dr Peter Veenker and Professor Gerald Burke were consideration. employed to undertake consultation but despite the magnitude of this 200-page report were allowed only Some of the complaints I have been receiving lately are two weeks of formal consultation. about a service that had been booked and arranged and ADJOURNMENT

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Notwithstanding the depth of the changes advocated in Signature Dish competition will be held on 25 March the report, within a few days of its release and before 2012. formal consultations began, the government acted on selected recommendations and slashed hundreds of West Gippsland Gourmet Country is a local tourism millions of dollars from funding rates and TAFE association in West Gippsland that is one of the longest budgets — budgets which in most cases had been running tourism groups in the state. Formerly known as finalised after months of preparation and were central to the Gourmet Deli Group, the association has now the capacity of TAFEs to compete in a competitive expanded from being predominantly food and wine training market. The cuts have shocked TAFE and based to showcasing members who have wineries, training providers and will have a devastating effect on restaurants, galleries and retail stores, as well as skills training in Victoria. including accommodation operators, attractions and much more. 22:05 Whilst Victorian TAFEs are still now struggling to work out their budgets and staffing levels for 2012 in The Palate of Passions festival gives locals and visitors the face of these unexpected cuts, we know a number of from right across the country a chance to celebrate their things. We know that at least 250 Victorian TAFE love for fine food, wine and culture. This boutique teachers now face the sack just before Christmas. We festival is run by the members, who showcase their know that student fees will skyrocket and vocational product strengths by hosting individual events training providers will be forced to cut courses. throughout the festival. Apprenticeship fees will leap to $200 a year on average. Large metropolitan TAFEs will be $3 million The signature event for the festival is the Long Lunch to $5 million worse off and regional TAFEs will be on the Noojee Trestle Bridge, which is also part of the $500 000 to $1.2 million worse off each year. Although Melbourne Food and Wine Festival regional calendar. this is a disaster for Victorian TAFEs, the The minister for tourism attended this event earlier this implementation of the full 43 recommendations will year and thoroughly enjoyed the food, a little bit of have an even more profound impact on the sector, — wine and the friendship that is the hallmark of the one that is vital for Victoria’s future in providing the people in this part of Gippsland. I know the minister skills and training needs for our future economic was very impressed with the superior quality of the growth. produce and the professionalism of the organisation of the event. The minister would be very welcome if she The fact is that TAFEs and industry struggling to adjust has the time to attend next year’s Long Lunch, which is to the impact of funding cuts and institutions simply to be held on 2 March 2012. have not had time to analyse and model the impact of the full 43 ESC recommendations on their business or A selection of other events held during this year’s on the provision of high quality training in Victoria. festival included Shakespeare in the Vines, Romeo and Consequently, before he further acts on the ESC Juliet at Wild Dog Winery, Famous Paella Feasts at recommendations, the minister should substantially Brandy Creek Wines, A Taste of Croatia at Piedmont extend the consultation period well into next year, give Wines, Get Wild about Bush Foods at Peppermint TAFEs proper time to analyse the impact of the Ridge Farm, Jindi Harvest of Gippsland at Lardner ESelease the interim analysis of Professor Burke and Park, Passions on the Pavement in Yarragon Village Dr Veenker. and the Soiree with the Alpacas at Nickelby at Darnum. The Gippsland Signature Dish competition is on again Gippsland: events funding next year, and cooks are invited to create their very own Mr BLACKWOOD (Narracan) — I wish to raise a signature dish using Gippsland-grown produce and matter for the Minister for Tourism and Major Events, match their creations to a Gippsland wine or beer. From and the action I seek is for her to provide funding the written entries three finalists will be chosen to cook support for the marketing of two major events in off live on stage at Lardner Park on 25 March 2012. Gippsland in early 2012. All of these events provide a magnificent opportunity The West Gippsland Gourmet Country Tourism for the showcasing of Gippsland businesses and their Association hosts the Palate of Passions Festival and produce. The boost in tourism they provide is very the Gippsland Signature Dish competition. The Palate significant, and the economic benefit it brings to our of Passions Festival will run from February to region is huge and more than justifies consideration for April 2012 across the Baw Baw region and the financial assistance from the state government for the costs of marketing and advertising. ADJOURNMENT

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Freedom of information: government democracy. More than 150 years ago Victoria led the performance world by establishing a progressive democracy. This is a legacy that each member of this house inherits. It is Mr McGUIRE (Broadmeadows) — I wish to raise our responsibility not only to the Victorian people but a matter for the attention of the Premier. The action I also to the tradition of the institution of the Parliament seek is for the Premier to deliver on his election to preserve, protect and defend this legacy. I therefore promise to the people of Victoria to deliver a new era of call on the Premier to fulfil his election promise to transparency and accountability by establishing an establish an independent freedom of information independent Freedom of Information (FOl) commissioner as a critical step in his pledge for an Commissioner. open, accountable and transparent government. I refer the Premier to a news article in the Age on Libraries: funding 1l October 2011 entitled ‘Baillieu office a “black hole” for FOI requests’. The article states that the Premier’s Dr SYKES (Benalla) — The matter I raise is for the private office has been ‘vetting’ FOI requests to Minister for Local Government, and it is about government departments for ‘sensitive documents’. applications for funding under the Living Libraries Infrastructure Program, in particular one made by the According to the Age: Alpine shire. The action I seek is that the minister come and visit the Alpine shire, see the wonderful work being Premier Ted Baillieu’s office has been accused of undermining Victoria’s freedom of information laws by done by the libraries in our area and recognise the vetting requests for sensitive documents made to government benefits of the presence of those libraries and the fact departments. that a small amount of additional funding can often make a big difference in the delivery of their services. The revelations come as the government refused to release records of meetings attended by Mr Baillieu — despite identical requests being granted by the former Brumby I know that many other speakers on both sides of this government. house have highlighted the importance of libraries to our communities, and the coalition government has Departmental sources have confirmed that hundreds of FOI established the Living Libraries Infrastructure Program requests to government departments are now banked up on the desk of Mr Baillieu’s freedom of information adviser … following the end of the previous government’s library capital fund. I know the minister has been to a number This is an issue that goes to the heart of transparency of areas to support libraries in her travels around the and accountability. Not only does it impede scrutiny of state. Applications to the Living Libraries Infrastructure government by the media, opposition and organisations Program closed a little while ago, and I know the dedicated to the public interest, but it is contrary to the Alpine shire had put in an application for some liberal democratic ideal of government of the people, refurbishment works in a couple of its libraries. It by the people and for the people. would be great if the minister could come along and see what is going on. Also, given that it has put a fair bit of 22:10 I have even been lobbied by a leading Melbourne work into its application, it would be good if there was businessman to campaign on this issue. some money available for the shire. As I understand it, the infrastructure program has the ability to provide up After a year in government the coalition has failed in its to $750 000, which would really help a lot of libraries election promise of openness, transparency and in country Victoria. accountability. Ministers have overrun the conventional period to respond to adjournment debates, and I am still Libraries are not just places where books are. Libraries awaiting a response from the Minister for Health to an are a part of our community. They are learning centres. issue I raised on 4 May 2011, more than six months They are centres where people gather, where young ago. Responses to questions on notice have been slow people learn to interact, where young mums have the and obstructive, and question time has been a farce. The opportunity to catch up with each other, where people Premier, when in opposition, promised to form a can brush up on their computer skills, where people can spin-free government. This in itself was perhaps the chase up factual information and where people can most masterful display of spin. partake in leisure reading and just generally enjoy the benefits of further learning. I call on the Premier to deliver on one of the fundamental promises he made to the people of In my electorate of Benalla not only do we have Victoria. The freedom of information laws represent a stationary libraries but we also have a mobile library — key tenet of the progressive ideals that shape our the High Country Library Corporation service — which ADJOURNMENT

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has been a tremendous boon to the more isolated communities in my electorate. In terms of public communities in our area that do not have the ability to transport major works were undertaken to redevelop have an actual library. I know that in the community of railway lines as part of the regional rail project to Benalla libraries are considered extremely important. ensure good, quick and comfortable travel to and from We have one that is rather run-down, but the local Melbourne, and so on. community has formed a group called the Friends of the Benalla Library; many communities have similar I could keep listing the projects that were delivered groups. In Benalla we have Geraldine McCorkell under the previous government, but when I talk about leading that group, ably assisted by Godfrey and Carole what this government has delivered in its first year it is Marple and Robyn MacLean, and they are continuing a sad tale. Nothing has been delivered — actually that to push for an upgrade of our library. is not the case, because I recently visited Buninyong, where the government has provided funding to build Coming back to the issue, I ask the minister to come to new stone gateways at the Gong in Buninyong as part the Alpine shire and to the electorate of Benalla to have of the 150th anniversary celebrations at the Buninyong a look at the fantastic work being done there, and if Botanical Gardens, and that was well received. A stone there is money available in the infrastructure fund to gateway is one thing, but the people of Ballarat really kick our libraries along, it would be most welcome. need and deserve ongoing infrastructure works, which would not only improve community amenity but also Ballarat East electorate: government provide jobs both in the construction stage and commitments afterwards. In our term of government a great range of such projects were undertaken, including establishing Mr HOWARD (Ballarat East) — I have an issue to an office of the State Revenue Office and other raise with the Premier. I ask the Premier to take action infrastructure projects at the Ballarat Technology Park. in Ballarat East to ensure that his government actually delivers some capital projects in the near future. I I want the Premier to focus on delivering in this next would also welcome the Premier even coming to my year. electorate to explain why his government has failed to deliver any capital projects in the first year of this Higher education: Wangaratta coalition government. Mr McCURDY (Murray Valley) — I raise a matter As the member for Ballarat East, each year I have been for the Minister for Higher Education and Skills. The able to write to residents in the Ballarat East electorate action I seek is that the minister visit Wangaratta to inform them of what the state government has tertiary institutions and undertake discussions with the delivered in their communities. Under the former campuses to better understand the needs of my region. government, each year I was able to list a great range of projects that had been delivered. Wangaratta has a proud history in higher education. It was in Wangaratta in 1962 that that the late Colin Cave 22:15 For example, 22 schools received major refurbishments was appointed as executive officer of the Wangaratta or rebuilding works under the former government, but Centre for Continuing Education — the first of its type these projects appear to have stopped. This year there in regional Victoria. The centre is still operating was no funding for any major redevelopment of any effectively today, as I discovered when I presented a school in my electorate. Under the previous Learn Local certificate acknowledging funding of government hospitals were refurbished or even newly $50 000 earlier this year. The centre has a proud history built, as was the case in Kyneton. There was ongoing, of offering quality inclusive learning, training and regular support for the creation of major infrastructure community development opportunities from its projects and sporting facilities. Tennis courts were campuses in Wangaratta and Benalla, with a upgraded, as were facilities at sporting grounds and so philosophy of creating opportunities together. on. Wangaratta also has the Technical Education Centre This government has done nothing to date. In the past (TEC), a senior secondary education and training there were upgrades to community halls and option for young people who want to pursue a neighbourhood houses. There were transport projects vocational and technical career. It is another sector in and regular road upgrades were undertaken. New police the diverse range of educational opportunities available stations were built at Kyneton, Gordon and Buninyong. to young people in the Murray Valley. The Wangaratta New ambulance stations were built. I was also able to TEC, one of the first in regional Victoria, accepted its regularly report on new fire stations being built for first students while operating from temporary ADJOURNMENT

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accommodation at the former Ovens College premises of this work, the Brumby government made a fully in 2007, and its purpose-built $8 million facilities at the costed election commitment for a $6 million rebuild of Wangaratta campus of GOTAFE were officially the school. The design of the school is outdated, the opened in May 2010. It is a collaborative operation timber is rotting, there is rising damp, there is asbestos between GOTAFE and Wangaratta High School. It that must be removed, the paint is peeling, the roof enrols students in Victorian certificate of applied leaks and the ventilation is poor. During rain periods learning programs in conjunction with vocational the school cannot use many of the classrooms. That is education and training. Whilst boosting educational why the previous government assessed it as needing a opportunities for students, it also helps local industry to full upgrade and provided funding for the master plan address skills shortages. TEC students are generally and committed funding for the rebuild. around 16 to 19 years of age; they are part of an adult learning institution but have access to specialised It is simply not common sense to delay this project any learning support appropriate to their age group. longer. The expensive patch-up maintenance work that is being done means that delaying the rebuilding of the Then we have GOTAFE, one of the largest regional school is not cost effective. The minister has visited the TAFE institutes in Victoria, which developed out of the school and seen and acknowledged the genuine need. merger of the former Wangaratta and Goulburn Valley The initial plans for the new school have been drawn institutes of TAFE, with major campuses in up. Members of the school community have been Wangaratta, Shepparton, Seymour and Benalla. waiting patiently for a year to have funding approved so Activities are conducted locally, statewide, nationally they can go ahead with the more detailed design work. and internationally. The Docker Street campus in Portarlington Primary School does not need to go Wangaratta is one of the larger campuses and the hub through another maintenance audit; that work has of training in the north-east. GOTAFE Wangaratta already been done. The department knows, and the includes a world-class rural industries campus catering minister has seen, the urgent need for this fine school to to the needs of the animal science, agriculture, equine, be upgraded. horticulture and viticulture industries, and it is the main campus for the National Centre for Equine Education. Unfortunately the local Echo paper of 17 November This $10 million purpose-built facility attracts students reported that the government refused to rule out from all over Australia and overseas, and its hands-on delaying the project or committing to the upgrade. The approach to training ensures graduates are highly spokesperson for the minister was reported as having sought after by the stud and racing industries within said: Australia and overseas. With the aim of assisting … Portarlington school would benefit from the government’s individuals gain skills and knowledge to obtain increased commitment to maintenance funding … employment or further career aspirations, GOTAFE also offers Deakin at your Doorstep. The school clearly needs much more than maintenance. The works must be done. The plans have been Wangaratta has much to offer in the area of higher developed by the school and everyone but the minister education and I seek a visit from the minister as soon as agrees that the school must be rebuilt and it must be practicable. rebuilt urgently. The wonderful work that the staff do, supported by families and volunteers from the local 22:20 Portarlington Primary School: redevelopment community, needs to be matched with up-to-date, 21st century facilities. Members of the school Ms NEVILLE (Bellarine) — The matter I raise is community have worked hard and have waited for the Minister for Education, and the action I seek is patiently. Now is the time for the government to that the minister provide a guarantee to Portarlington support them. I call on the minister to guarantee that the Primary School that the proposed statewide upgrade of the school and the approval for schematic maintenance audit will not delay or prevent the school design will not be delayed by the flimsy excuse of a from receiving funding and approval for the schematic maintenance audit. The students of Portarlington design that needs to be done for the school’s urgently deserve nothing less. needed upgrade.

The school has already been audited and assessed and Torquay and Jan Juc surf lifesaving clubs: recommended by the regional office of the Department ministerial visit of Education as being a priority. That is why at the end Mr KATOS (South Barwon) — It gives me great of 2009 the school was given approval by the Brumby pleasure to rise this evening on the adjournment to raise government to undertake master planning. As a result a matter for the Minister for Police and Emergency ADJOURNMENT

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Services. The action that I seek is for the minister to Will this government privatise one of Australia’s most visit the Torquay and Jan Juc surf lifesaving clubs in important pieces of infrastructure? the electorate of South Barwon to discuss their plans to And finally, after three invitations to commit to the reconstruct their facilities. government’s position, the Minister for Ports said, as reported at page 59 of Daily Hansard of yesterday: I have been working closely with both clubs to ensure that the election commitment of $300 000 for each club No such plans. is received and spent in a timely manner. The funding will ensure that the Torquay and Jan Juc clubs can be This of course is a mealy-mouthed commitment renovated so that their clubhouses are upgraded to because, as demonstrated by this government’s accommodate the demands of increasing local submission to Infrastructure Australia, it has no plans population and visitors to the Surf Coast. The Torquay for anything. It has no plans for a port and no plans for club is more than 40 years old and it is showing its age. delivering the infrastructure it has sought. Having won government with no plans, as evidenced by the Recently the Torquay and Jan Juc surf lifesaving clubs previous 12 months, it figures it is on a winner and were among more than 190 volunteer emergency questions why it should change a winning formula! services units across Victoria to receive funding under the $11.5 million volunteer emergency services The third reason I seek this commitment is that the equipment program established earlier this year. The minister was only too ready to give this commitment to Torquay Surf Lifesaving Club received a new my local community before the last election, especially all-terrain vehicle, and the Jan Juc Surf Life Saving to those groups concerned about the third container Club received an inshore rescue boat replacement and handler at Webb Dock in Port Melbourne. But he has motor. gone strangely silent on the issue since he has occupied the government benches and those same groups have These commitments recognise the important role that sought a commitment. He seems reluctant to give a surf lifesaving and volunteering continue to play in the commitment to those same community groups that lives of Victorian communities, especially in regional have sought an undertaking. The community of the port and rural areas. I look forward to continuing to work of Melbourne knows this minister is ducking the hard with the minister; the president of the Torquay Surf questions, but as the recent Infrastructure Australia Lifesaving Club, Ian Turner; the president of the Jan submission shows, he is starting to let the cat out of the Juc Surf Life Saving Club, Malcolm Leigh-Smith; and bag. all members of both clubs to ensure the construction of better facilities to benefit the wider community. We know the Liberal Party was the arch privatiser when it was last in government, and we know of its 22:25 Port of Melbourne Corporation: privatisation temptation when it starts putting skin into the game to demonstrate to Infrastructure Australia that it will have Mr FOLEY (Albert Park) — The matter I wish to some plans at some stage during the life of this raise is for the attention of the Minister for Ports. The Parliament to invest in the necessary infrastructure to specific action I seek from him is to rule out for the which it has apparently sought to commit in its recent term of this Parliament the Liberal-Nationals coalition submission. We know that when it comes to the government privatising the Port of Melbourne $9 billion price tag for the port of Hastings Corporation or indeed any other government-owned development it is going to have to demonstrate at some port entity or facility. I seek this assurance for a number point its commitment to both fund the east–west of reasons. Firstly, the coalition has form. When last in crossing of the river and provide a contribution towards government it showed itself to be the arch privatiser the port of Hastings. In that context we know that this generally and specifically in relation to state-owned government and particularly this minister will not be ports. Faced with the prospect of pocketing a cool able to resist the temptation. $3 billion or so by giving into the temptation, it is likely that this government is not going to be able to resist it. Responses Secondly, because of the minister’s commitments in this place only yesterday we now have an indication Ms ASHER (Minister for Innovation, Services and that the government is positioning to do this very thing. Small Business) — The member for Narracan has raised funding for two events in his electorate: the Yesterday in debate in this place the member for Gippsland Signature Dish Competition and the Palate Tarneit prompted the minister by saying: of Passions Festival, both to be held in 2012. The member for Narracan has been a very strong advocate ADJOURNMENT

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for his constituency overall but particularly in the area Tourism marketing and event development of these of tourism, because he understands this is a very local events attracts interstate and intrastate visitation, important economic generator for regional Victoria. which in turn provides an economic boost to local The Gippsland Signature Dish Competition will be held businesses in accommodation, retail and hospitality. I at Lardner Park in Warragul in March 2012, as the am delighted to assist the member for Narracan, and I member has explained. The idea behind this event is to look forward to taking many opportunities to visit his show chefs producing their signature dish using local electorate. produce in front of an audience. Again local produce is such an important feature of the food and wine industry Ms Neville — On a point of order, Acting Speaker, and the tourism industry for Victoria. the Minister for Tourism and Major Events has indicated that I may have some concerns about her The Palate of Passions will be held in the Baw Baw visiting my electorate. I thought we were on the same region throughout February and April 2012, and as the side in promoting the Bellarine Peninsula. I am very member for Narracan said, a number of food and wine happy for her to visit. events, such as the Long Lunch on the trestle bridge at Noojee, will be held together with the signature event. I The ACTING SPEAKER (Mr Nardella) — thank him for his invitation to that. It is probably Order! There is no point of order. important that the Brighton-based Minister for Tourism support regional events! I note that there are other Mrs POWELL (Minister for Local Government) — Brighton-based members in this chamber, but I think I The member for Benalla raised with me a request to will be supporting the regions in this instance, subject visit his electorate and in particular the Alpine shire. to invitation! The member for Benalla would like me to have a look at the libraries in his electorate. He is lobbying very As I said, the member for Narracan is a longstanding strongly for funding, as a good local member does. A advocate for local tourism opportunities. I look forward number of councils and regional libraries have put in to many visits to his electorate over the years ahead. applications for funding from the Living Libraries The coalition government through Tourism Victoria’s Infrastructure program. The member for Benalla has let Country Victoria Events program has allocated $45 000 me know that his councils have also put in applications. to Destination Gippsland Limited to help support the tourism marketing of five events in the Gippsland The Baillieu government is investing $17.2 million into region to be held in 2012. The campaign is known as the program which will deliver at least 40 new or Inspired by Gippsland. upgraded library facilities across the state in the next four years. The first round of funding applications has 22:30 The member for Narracan has outlined two of those recently closed, so I look forward to getting events. The other three events that will be part of the recommendations from the department as to which marketing push will be: the Inverloch Wine and Food areas are in most need of new libraries, library Festival, which has the very strong support of the renovations or upgrades to mobile libraries. Our member for Bass; the Boolarra Folk Festival, which has government has also lifted the maximum threshold of the very strong support of the member for Morwell; and funding from $500 000 to $750 000 in recognition of the Mossvale Music Festival, which has the very strong the increased costs to libraries. We understand that support of the member for Gippsland South, otherwise building costs have now increased and libraries are known as the Deputy Premier. In 2011 these events looking to upgrade some of the outdated facilities. combined attracted 22 500 visitors, which was 30 5 per cent of the overall visitation to the region, and provided Our government’s investment in library infrastructure an economic impact to the region of $1.75 million. Part will deliver much-needed local jobs in local of this funding will also be used to support and develop communities. As I travel around the state and look at an iconic water-based event for the region. libraries that have been upgraded or newly built, I see a lot of work that has been created for builders, Ms Neville interjected. carpenters and shops in the area that provide goods and services to the libraries and the extensions. It is a great Ms ASHER — The member for Bellarine is inviting thing when areas have new developments, particularly me to her electorate. I caution the member for Bellarine in regional Victoria. We have also provided that she may not want me in her electorate because the $100 million in the local government infrastructure purpose of my visit may not be very good for her. account which can also be assessed to fund library projects in regional areas. ADJOURNMENT

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I recently attended the opening of the Euroa library, the state. Unfortunately schools like Portarlington get to which is also in the member for Benalla’s electorate. the stage where they are spending a lot of money on That was a refurbishment where three shops were put maintenance, even hundreds of thousands of dollars. I together and made into one library. It is in the main think we have got 26 schools with more than $1 million street, and I hear the men love going there. If the worth of maintenance required. You get to the stage women want to go shopping in the main street, then the where you question whether it is even worth spending men can go into the library, have a cup of coffee and that amount of money. read magazines or a book while they are waiting for their partners to finish shopping — so it was a The member is concerned that the maintenance audit much-needed library. which we have announced may bring capital works to a halt, but that is certainly not the case. They are two The importance of libraries was noted by the member different things. Maintenance is recurrent money, and for Benalla. Libraries do not just lend books; they that maintenance audit is separate from capital works. become the hub of the community. A lot of people Portarlington Primary School is one of the schools learn to use computers at the library, and a lot of which is a fair way down the planning track, but it has schoolchildren now go to the library to study. Libraries not gone onto its final drawings. Funding for those have much-needed books, but they are much more than repairs would come out of the capital budget, and that that. There is also the technology that is available in will certainly be considered as part of this year’s libraries, with wi-fi and borderless libraries. We have a budget. I remind the member that the $1.4 billion that broadening use of libraries right across the state. was wasted on IT projects would have paid for all the maintenance in our schools. We could have gold-plated 22:35 I have just initiated a library ministerial advisory schools at Portarlington and a number of other places, council which has just had its first meeting. The but we are struggling. advisory council will look at the new role of libraries, the funding of libraries, the current role of libraries and For the interest of the member and the house, I have the community’s future needs from libraries. For the 200 schools that are either master planned or their first time this is a bipartisan committee, which is great. drawings are at the stage where they are ready for The chair is the member for Mornington, who is also construction, so there are a lot of schools that we have the Parliamentary Secretary for Local Government. The inherited that are almost ready for capital works but member for Macedon, from the Labor Party, is the have been forced to wait for many years. As I said, the deputy chair of that committee. The member for maintenance is quite separate to the capital, and one is Mildura, from The Nationals, is also on that committee, not relying on the other. We will certainly consider the as are other stakeholders. school’s needs as part of this year’s budget considerations. I advise the member for Benalla that I look forward to coming to his electorate. If the member can organise a Mr KOTSIRAS (Minister for Multicultural Affairs time, I would be happy to go there. I look forward to and Citizenship) — The member for Evelyn raised a seeing firsthand the wonderful work that the libraries in matter for the attention of the Minister for Health. The the Alpine shire do and the value that they add to their action she sought was for the minister to review the communities. structure of the Greater Metropolitan Cemeteries Trust. I will refer that matter to the minister for his direct Mr DIXON (Minister for Education) — The response. member for Bellarine raised with me an issue regarding Portarlington Primary School, which she rightly says I The member for Eltham raised a matter for the attention have visited. She mentioned a number of issues at the of the Minister for Higher Education and Skills. The school that require the school to be rebuilt. The issues action he sought was that the minister extend the there include rising damp, rotting windows, asbestos, consultation period for the Essential Services leaking roofs and so on. Obviously all that damage has Commission vocational education and training fee and not occurred since 27 November last year. This has funding review. I will refer that matter to the minister been an ongoing issue with the school, and rotting for his direct response. windows and leaking roofs point to a lack of maintenance. The member for Broadmeadows raised a matter for the attention of the Premier. The action he sought was that As we have just found out through an audit of a number the Premier establish an independent FOI of schools in Victoria, by a conservative estimate there commissioner. I will refer that matter to the Premier for is $300 million worth of maintenance required around his direct response. ADJOURNMENT

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22:40 The member for Ballarat East raised a matter for the attention of the Premier, and the action he sought was for the Premier to provide and deliver capital projects in Ballarat East. I will refer that matter to the Premier for his direct response.

The member for Murray Valley raised a matter for the attention of the Minister for Higher Education and Skills, and the action he sought was for the minister to visit the Murray Valley electorate and to speak to the tertiary institutions there. I will refer that matter for the minister’s attention.

The member for Albert Park raised a matter for the attention of the Minister for Ports, and the action he sought was for the minister to provide an assurance that he would not privatise the Port of Melbourne Corporation. I will refer that matter to the minister for his direct response.

The member for South Barwon raised a matter for the attention of the Minister for Police and Emergency Services, and the action he sought was for the minister to visit the Torquay and Jan Juc surf lifesaving clubs to view their plans for redevelopment and to speak to the presidents of the two clubs. I will refer that matter to the attention of the minister for his direct response.

The ACTING SPEAKER (Mr Nardella) — Order! The house is now adjourned.

House adjourned 10.41 p.m.