30 Apr 1997 Ministerial Statement 1103

WEDNESDAY, 30 APRIL 1997 MINISTERIAL STATEMENT Review of Members' Interests Hon. R. E. BORBIDGE (Surfers Mr SPEAKER (Hon. N. J. Turner, Nicklin) Paradise—Premier) (9.33 a.m.), by leave: I rise read prayers and took the chair at 9.30 a.m. pursuant to the Parliamentary Committees Act 1995 to give this House the Government's response to the report of the Members' Ethics and Parliamentary Privileges Committee on its PETITIONS review of members' interests. The Government The Clerk announced the receipt of the will not be adopting any of the following petitions— recommendations of the report until the consultation and detailed consideration that the Government wishes to give these Prison, Wacol important matters has been completed in the near future. I would expect this process to be From Mr Palaszczuk (2,516 petitioners) completed soon. It is the Government's requesting the House to immediately stop the intention to involve the Opposition in this construction of any planned prisons at Wacol process. I will inform the House of the and ensure that the prisons are constructed in outcome of such consultation at that time. other more suitable localities, where the construction of such facilities will be welcomed by the community. MINISTERIAL STATEMENT Children's Commission, Submission to Commonwealth Standing Committee Pork, Labelling Laws Hon K. R. LINGARD (Beaudesert— From Mr Healy (97 petitioners) Minister for Families, Youth and Community requesting the House to introduce labelling Care) (9.34 a.m.), by leave: As honourable laws so the public is aware of what they are members are aware, the Children's eating (local or imported pork); and/or Commissioner and Children's Services introducing a tariff that makes imported Appeals Tribunals Act was agreed by the pigmeat the same price as locally produced House on 22 November 1996. The Children's pigmeat. Commission was established with the appointment of Mr Norman Alford as Children's Commissioner on 19 December Parking Spaces, Thuringowa Drive 1996. The commission is now four months old. In that short time, I think it would be true to From Mr McElligott (1,308 petitioners) say that the commission has already had a requesting the House to recommend to the significant impact. When members spoke to Minister for Transport that he order the total or the Children's Commissioner Bill, many partial restoration of parking spaces which expressed the desire that the Children's have been eliminated as a result of recent Commission be pro-active as well as reactive. I improvements to Thuringowa Drive. am pleased to advise members of such a Petitions received. development. The Children's Commission has, at short notice, made a submission to the inquiry being PAPERS conducted by the joint Commonwealth Parliamentary Standing Committee on The following papers were laid on the Treaties. The inquiry relates to Australia's table— implementation of the United Nations (a) Deputy Premier, Treasurer and Minister for Convention on the Rights of the Child. The the Arts (Mrs Sheldon)— inquiry is taking place against the background Compulsory Third Party Premiums—1 July of considerable criticism of Australia's efforts in 1997 implementing the convention. In this regard, Queensland's establishment of the Children's (b) Attorney-General and Minister for Justice Commission is widely acknowledged as a (Mr Beanland)— positive contribution. Queensland Law Reform Commission— The Children's Commissioner is Report No. 51—Consent to Health independent of Government. Consistent with Care of Young People. that independence, the submission to the 1104 Ministerial Statement 30 Apr 1997 inquiry notes that it "should not necessarily be Coordinating Minister for Foreign Affairs, Dr construed as the views of the Queensland Hartarto, officially launched the agreement. Government or any department of that Significantly, Dr Hartarto described the Government". The submission warns of the agreement as being equal to any signed by need to avoid the perception of a false Indonesia and other regional nations. Both Mr dichotomy between parents' rights and Downer and Dr Hartarto described it as an children's rights. The view is taken that historic milestone in the bilateral relationship members of a family have mutual rights and between the two neighbours which will create responsibilities. The submission suggests that real benefits for the private sectors of both as Queensland is the only State with a countries and enhance the regional Children's Commissioner, it may well provide a development of member areas. model for other States and the Commonwealth. The submission canvasses Under the agreement, Queensland's the need for a change agenda and delineates business sector will benefit commercially as a range of issues which need to be addressed well as from having a direct input into to implement the convention successfully. The commercial development strategies and submission concludes with recommendations cooperation in Indonesia's eastern provinces. centred on process, structural change and AIDA, the Australian/Indonesia Development research considerations. As the submission Area agreement, also provides Australian and Queensland business with a forum for raising has been under an embargo by the inquiry issues about constraints on doing business in until yesterday, the Children's Commissioner eastern Indonesia and for devising solutions to has today provided me with sufficient copies to those constraints. To accomplish this, AIDA enable distribution to all members. has established working groups in agriculture, Accordingly, I table the submission for fisheries and animal husbandry, mining and members' information. energy, tourism, transport, trade and industry, It is my intention to propose a committee and education and training. To ensure that of Parliament consisting of Opposition and Queensland's interests are represented, my Government members. The Committee on senior trade executive has been appointed Children and Their Parents is to continue this Queensland's convenor on each of these Government's pro-active approach to working parties. children's issues and continue our leading role in this area. This committee would have a I am pleased to announce that major role in monitoring Queensland's Queensland has been awarded chairmanship compliance with the United Nations of the very important education and training Convention on the Rights of the Child. It would working party. I am pleased to announce the also liaise closely with the Children's name of the inaugural chairman of that Commissioner to continue our State's progress working party. He is distinguished Professor of in caring for children. Engineering and Pro-Vice Chancellor (Research and Advancement) at Queensland University of Technology, Professor John MINISTERIAL STATEMENT Corderoy. Professor Corderoy is also a Australia/Indonesia Development Area barrister of the New South Wales Supreme Agreement Court and a fellow of the Institution of Engineers, Australia. Hon. D. J. SLACK (Burnett—Minister for Economic Development and Trade and AIDA, under the education and training Minister Assisting the Premier) (9.37 a.m.), by chairmanship of Dr Corderoy, offers leave: I am pleased to inform the House of Queensland and Australia significant some exciting developments in Queensland's opportunities in the area of education and friendly and productive relations with training exports. Professor Corderoy is well Indonesia. I am pleased to announce that qualified in this area. Currently, he is Queensland will benefit from this responsible for the international marketing of Government's promotion of business sector QUT's courses and the recruitment of involvement in economic development overseas students, especially from South East opportunities opening up in eastern Indonesia. Asia. The number of Indonesians studying in Last week my senior international trade Queensland has increased from 310 to 1,364 executive represented Queensland at the in five years—an increase of 440%. I expect launch of the Australia/Indonesia student numbers to accelerate further as Development Area agreement in Ambon in economic development in Indonesia delivers Indonesia. Australia's Foreign Affairs Minister, greater prosperity and increased educational Alexander Downer, and Indonesia's opportunities to millions of young Indonesians. 30 Apr 1997 Ministerial Statement 1105

Two hundred Queensland companies are with accommodation in Queensland since currently commercially active in Indonesia. I 1956 and the company has proven itself to be encourage Queensland's private sector to perhaps the most innovative and consistent participate in AIDA and, by doing so, profit and company of its type in the State. contribute to the economic development and Vic Trimble is the managing director of stability of a near northern neighbour. Australian Bareboat Charters, one of Australia's oldest and best-known bareboat MINISTERIAL STATEMENT charter companies. His contribution to the growth of that sector of the Queensland Queensland Tourist and Travel tourism industry has been significant and I Corporation Board look forward to him bringing this unique Hon. B. W. DAVIDSON (Noosa— experience to the board. Minister for Tourism, Small Business and Kerry Watson is the managing director of Industry) (9.40 a.m.), by leave: Yesterday Pacific Global Corporation Pty Ltd, an afternoon, I announced six new appointments independent tourism advisory and property to the board of the Queensland Tourist and management company on the Gold Coast. Mr Travel Corporation. These six vacancies are Watson is also well known as chairman of the the result of recent amendments to the QTTC JAL Gold Coast Marathon and has held Act and the resignation of three existing board numerous senior positions on a number of members. As a result, there are now nine State and national tourism bodies. members of the QTTC board and the chairman. The new members are Mr Bob Blair, I would also like to take this opportunity to Mr Grant Kenny, Mr John Menzies, Mr David thank the three retiring members of the board: Pradella, Mr Vic Trimble and Mr Kerry Watson. Mr Paul Morgan, Mr Gary Baildon and Mr David Hutchen. When I appointed these men While some of these names will be and their fellow members last year, I gave familiar to members, I would like to give a brief them the unenviable task of straightening out description of each. Bob Blair is the director of the mess which the previous Government had Rockhampton's Dreamtime Cultural Centre left of the QTTC. Not only have they and one of the most respected members of succeeded in turning the corporation around, Queensland's indigenous tourism industry. Mr but they have done so in a way which has Blair is a former Regimental Sergeant Major of seen the staff of the corporation embrace the the Royal Queensland Regiment and has change and emerge with a renewed made significant contributions to the central commitment to being the best in Australia. Queensland region both through tourism and This has been no small task. In addition, they other community services. have overseen the development of the new Grant Kenny is one of Australia's best branding campaigns which we are all confident known athletes, but he is building an almost will see Queensland retain its position as the equivalent reputation for his business acumen No. 1 tourist destination in Australia. and commitment to growing the tourism and I commend these new board members to business economy of the Sunshine Coast the House and am confident they will work region. I am delighted that Mr Kenny accepted superbly with chairman Frank Burnett and my invitation to join the board as I know he will fellow board members Wendy Morris, Robyn make an invaluable contribution. Toohey and John Osborne. John Menzies is well known to all in the tourism industry as chief executive officer of Warner Bros. Movie World, Seaworld, Wet 'N' MINISTERIAL STATEMENT Wild Water Park and Seaworld Nara Resort. Young Unemployed Job Training He is a board member of the Gold Coast Hon. B. G. LITTLEPROUD (Western Tourism Bureau and is, in fact, one of its Downs—Minister for Environment) (9.44 a.m.), founding members. Mr Menzies is widely by leave: I am pleased to inform honourable respected as one of the most experienced members that the Department of and knowledgeable people in the Australian Environment, in conjunction with the Federal tourism industry and his unique understanding Department of Employment, Education, of our State's major international markets will Training and Youth Affairs, has implemented a be invaluable to the board. $1.83m program to provide short-term on-the- David Pradella is the chief executive of job training for young unemployed people. Pradella Services Pty Ltd, Brisbane's longest Funding of $1.5m is being provided by the running accommodation operator. The Department of Environment and the Pradella family name has been associated remainder by the Commonwealth department, 1106 Ministerial Statement 30 Apr 1997 which nominated the areas where the program paths for research and extension officers, and would operate. the best of training. I promised DPI would The Youth Conservation Corps/Special properly recognise and reward professional Employer Support Program, managed by the excellence. Department of Environment, will provide 132 Today I am pleased to report I have unemployed young people in the Ipswich, delivered on each and every one of these Redcliffe, Caboolture, Maroochydore, Gympie, commitments. We have acted to fill over 400 Maryborough and Bundaberg areas with the new positions, including 200 permanent ones, opportunity to gain new skills in landscape as well as over 300 vacant existing positions construction, bush regeneration, maintenance across Queensland. That is more than 700 of small machinery, workplace health and positions focused on research, development safety, and first aid. During the 20-week and extension services to primary producers, program, participants will have the opportunity which in turn benefits the Queensland to work on 10 projects with a variety of economy and community as a whole. employers in several industry areas, mostly in We are not resting on our laurels. We will our national parks and conservation parks. continue to create more industry-focused Support will be sought from local employers positions in the next year. DPI has re- who are interested in giving young people the established links with universities and opportunity to work for them, with a view to agricultural colleges to enhance our permanent employment. It should be noted recruitment of graduates. Training priorities that participants will be paid in line with the have been identified and are being national training wage awards. addressed. Of particular note, the department This is a unique opportunity for has developed and implemented a strategy to unemployed people. As well as accredited on- recognise and reward its highest achieving the-job training in recreational infrastructure, professional staff—the DPI progression participants will receive training in scheme. Today, we announce the 72 communication skills, working as part of a successful applicants from the first round of team, problem solving and planning, and this new scheme designed to retain the best organising their own work activities. These are research and extension staff in DPI and all skills identified by employers as necessary provide career paths for professional staff. in the people they employ. Training in the field Under Labor, these people were unable of work provided through such a program does to progress far past the mid levels in the pay not restrict participants to working only in that scales. To be promoted, people had to industry area. The benefit of the program is abandon their chosen careers and move to the tremendous confidence boost young the administrative stream. I promised change, participants get from such a positive and the progression scheme delivers. Panels experience. Simply by increasing their self- of their peers can now assess applicants who esteem, this helps them apply for jobs with a believe the excellence of their work deserves new confidence and they are more likely to be promotion within their discipline and those successful. As Minister for the Environment, I panels, rather than management, can grant am pleased that my department can play its promotions. This unique scheme has drawn part in providing a valuable experience for approaches from public services throughout young Australians to help them in their quest Australia, as well as private enterprise, and to find a secure future. has been endorsed by the State Public Services Federation of Queensland. The progression scheme is a tribute to DPI staff MINISTERIAL STATEMENT who took the idea and ran with it. These DPI Progression Scheme initiatives have boosted morale and will Hon. T. J. PERRETT (Barambah— certainly help us retain our greatest Minister for Primary Industries, Fisheries and resource—our staff. Forestry) (9.46 a.m.), by leave: I inherited a It is ironic that Labor members bleat dispirited and decimated department from about how well they look after the interests of which Labor had retrenched almost 700 staff workers. They could have introduced such a between 1990 and 1995. Career opportunities scheme during the six and a half years that for professional research and extension staff they brutalised DPI's scientific workforce, but were limited, so was recognition for they did nothing. I am proud to say it was this professional excellence. I promised to take coalition Government which took the step to DPI back to the bush, to increase the do something worth while for the self-esteem department's focus on research, development and dignity of this department's hardworking and extension. I promised to provide career professional staff. 30 Apr 1997 Ministerial Statement 1107

MINISTERIAL STATEMENT the vocational education and training budget. Rural Training Initiatives This will ease existing pressure on colleges to fund capital development by way of loan funds Hon. S. SANTORO (Clayfield—Minister and release revenue from college commercial for Training and Industrial Relations) activities for training and curriculum (9.48 a.m.), by leave: The Government's development purposes. To ensure effective commitment to the rural sector and, in lines of communication between my office and particular, to rural training is clearly the agricultural colleges, a dedicated demonstrated by a number of rural training departmental liaison officer has been initiatives that I have overseen since becoming appointed to service the needs of colleges the Minister for Training and Industrial and related rural sector issues and to be a Relations. The four agricultural colleges— source of independent advice to me. One Burdekin, Dalby, Emerald and Longreach— need that has been conveyed to me as a have traditionally been the major sources of result of the better lines of communication that entry level training for the rural industries. have been established is the need to more To assist agricultural colleges to respond effectively promote the good work that the positively to rapid changes in the training colleges do. One outcome is that my market, I announced a number of measures department, in January of this year, funded an as part of my "Year of Training" initiatives. I advertising campaign to attract city kids to the was able to confirm progress on these bush. This campaign is only an initial step. measures during my recent visit to Longreach Indeed, next week the directors of all four to participate in the Agricultural Colleges Co- agricultural colleges will meet with ordinating Committee's meetings which are departmental officers in an effort to formulate held twice a year. In the first instance, I a comprehensive marketing plan. announced in December last year that the At Longreach, I was informed that my Government would implement an enterprise participation in the Agricultural Colleges Co- bargaining agreement which would see staff at ordinating Committee meeting was the first these colleges receiving a wage increase of time since 1991 that the responsible Minister 12% over two years, effective from 1 October had travelled to such a meeting. Again, that is 1996. The enterprise bargaining agreement a sorry indictment of the previous was ratified by the Queensland Industrial administration's lack of concern for the rural Relations Commission on 2 April this year. sector. Let me add that the enterprise bargaining In February this year, as part of the Year agreement that this Government has finalised of Training initiatives, I set up a Rural Industry should have been concluded before the Task Force whose role is to examine the coalition came to power, but the previous training and vocational education needs of administration unfortunately sat on its hands. rural industries. This is in recognition of the fact Given that this agreement was the first time in that the rural sector is so diverse and so vital over five years that the colleges received any to Queensland's economic wellbeing that it increases in remuneration apart from safety warrants special attention—the sort of special net adjustments, one would have thought that attention which I fear was sadly lacking until the Labor Party should have tried harder to the advent of this Government. I am pleased ratify the agreement. Labor's pitiful efforts in to inform the House that the Rural Industry finalising the colleges' first round of enterprise Task Force held its second meeting in bargaining are an indictment of the ALP and Longreach on 6 April, and I was able to those opposite for their neglect of agricultural participate in its deliberations. Issues currently colleges under Labor. The Government has being reviewed include the appropriateness of also rectified the totally inequitable practice of present rural sector vocational education and the previous Government which resulted in training, rural training in schools and the agricultural colleges not receiving entitled development of an industry-led grassroots funds. In future funding allocations, agricultural training culture. colleges will receive their full funding escalation Members of the task force are not from Treasury to ensure that colleges are able academics. They represent primary producers to keep pace with at least the cost of living with a huge range of knowledge of rural increases. industries' needs, the agricultural colleges, My department has also established TAFE and the Queensland Rural Industry processes whereby agricultural colleges will be Training Council. Although members represent accommodated in the capital development peak rural industry organisations, their terms of plan for 1997 and 1998 and therefore have reference are such that the needs of smaller access to the capital development grants in producers or emerging industries will not be 1108 Ministerial Statement 30 Apr 1997 overlooked. I have asked the task force to the profile of the project, which has the undertake information and consultation potential to become an asset of international sessions around the State to ensure that the renown. The trail has had little development views of rural constituents at all levels are over its 2,650 kilometre length in Queensland. captured. This is absolutely vital to guarantee The work done in marking the trail and that the Government has the best possible compiling information has relied upon the advice on the type of training needed and the input of unpaid volunteers. The only external best methods of delivery. assistance has been a small grant from I am sure that all members would Jupiters Casino Trust. appreciate that rural industries are undergoing I have instructed my department to liaise constant technological change. Today's further with the Bicentennial National Trail primary producer has to know more than how Association to sort out the major problems to operate machinery or look after stock. facing the project and get the basic framework Today's farmer is a manager, a marketer, a right before we look for some capital funding scientist, and many things besides. for improvements. I am looking to rural The rural sector plays a significant role in communities to become further involved, Queensland's and Australia's economy, and possibly in the construction of facilities, in its competitiveness in a global marketplace is planning and construction of local loops and in allied to its capacity to be at the leading edge maintenance of sections of the trail. The of industry advances. Training and education Bicentennial National Trail Association will be which is relevant to rural industry will help the point of contact with users and those bridge the training gap and see a successful interested in assisting. It is my aim to see transition into the 21st century. I have not put Queensland playing a part in a properly a restrictive timetable on the Rural Industry established and well-maintained national trail Task Force, but I anticipate that some which runs the full length of the country. preliminary findings and advice would be forthcoming by October, with more detailed PUBLIC ACCOUNTS COMMITTEE findings by early 1998. This will ensure that we get a good result rather than just a quick one. Addendum to Report I again reiterate that this Government is truly Mr HARPER (Mount Ommaney) committed to the wellbeing of the rural sector. (9.55 a.m.): I lay upon the table an addendum to the publication tabled yesterday titled "Review of Financial Reporting Requirements MINISTERIAL STATEMENT for Aboriginal Councils and Torres Strait Island Bicentennial National Trail Councils, Volume 1: Submissions". I Hon. H. W. T. HOBBS (Warrego— commend this document to the House. Minister for Natural Resources) (9.53 a.m.), by leave: The Bicentennial National Trail is the world's longest multi-use recreational trail, over NOTICE OF MOTION half of which is in Queensland. Since its Leading Schools opening in 1988, the trail has been used by Mr BREDHAUER (Cook) (9.56 a.m.): I thousands of people, and many more give notice that I will move— consider the concept to be exciting, even if they have no intention of ever walking or riding "That this House condemns the along it. There is a great sense of national Borbidge Government and the Minister for pride in knowing that such a facility exists. The Education for their incompetent handling Queensland Government supported the of the restructure of Queensland's concept up to 1991, when the Goss Education system 'Leading Schools'. Government disbanded the National Trail We note that the Minister has Committee. Development has not progressed caused deep divisions within the significantly since and, in many places, the trail education community as he has has regressed significantly. deliberately sought to fragment and Ministerial responsibility for matters isolate key stakeholders in education to affecting the trail has recently passed to me as the long-term detriment of the relationship Minister for Natural Resources. I believe that between parents, teachers and the the trail can be made into one of Education Department. Queensland's great outdoor recreation We call on the Government to halt attractions with some basic improvements in the implementation of 'Leading Schools' facilities and image. I will be seeking to raise and to negotiate with all education 30 Apr 1997 Private Members' Statements 1109

stakeholders before implementing any of The Minister for Tourism, Small Business and the proposed changes." Industry, Bruce Davidson, informs me that financial assistance of $9,600 has been provided by his department to enable the PRIVATE MEMBERS' STATEMENTS festival organisers to prepare a development Performance of Coalition Government plan for this annual event. Mr BEATTIE (Brisbane Central—Leader The festival is not only an important of the Opposition) (9.56 a.m.): Today's celebration of Ingham's strong connection with Morgan poll shows that disillusioned coalition Italy and the Italian community but also a voters have given Pauline Hanson's party 20% vibrant tourism event attracting significant support in Queensland and shows a massive numbers of visitors to Ingham and north drop in coalition support. Why? The answer is Queensland in general. There is no doubt that simple: the coalition Government's deplorable this Government funding will provide a performance in Queensland is dragging down tremendous boost for this event. The the Federal coalition vote. The Australian-Italian Festival will be held from 8 to Borbidge/Sheldon Government has betrayed 11 May. Highlights of the event will include the Queensland and, most importantly, betrayed Brisbane Opera Company, the Strictly the bush. The bush is burning with anger—the Ballroom dancers, accordion and choir anger of coalition betrayal. The Queensland competitions, some 200 street performers, coalition has failed on Wik. It has failed on and Brisbane, Cairns and Townsville bands. competition policy. It has failed on law and I am sure that with this Government's order. It has failed on education. It has failed backing and continued support from the on health. It has failed to deliver on capital Ingham community, the Australian-Italian works. It has failed to create jobs. It has failed Festival will become an event of which on the environment. It has failed to stand up everyone can be proud and one that brings for Queensland or stand for anything. But it is both entertainment and significant economic good at turning back the clock and looking benefit to our State. I am very pleased to be after its mates—putting its hand in the public supporting this event because it has a wide till for its friends. degree of acceptance within the community in Let me take one example this morning: Ingham. the scandal in emergency services. Do members remember when Minister Veivers told us that his Gold Coast mate Lyn Staib Capital Works Program was a highly qualified lady employed to review Hon. D. J. HAMILL (Ipswich) the Queensland Fire Service at a really cheap (10.01 a.m.): Yesterday I drew the attention of rate? What is a cheap rate for a Veivers the House to the incompetence of this mate? Last night we discovered the cost to coalition Government and its inability to deliver taxpayers so far: $52,265 in fees to Lyn Staib its Capital Works Program. By the end of and $106,493 for her office and travel and February, two-thirds of the year having other costs, making a total of $180,531. That elapsed, less than half of the Consolidated was in the Fire Service. Now she is into the Fund capital works had been delivered. Who, Ambulance Service. To date, she has received apart from the Treasurer—whose $40,237 in consultancy fees alone. That incompetence in budget management is well represents a grand total of $220,768 for just known—is responsible for the fact that capital over a year's work. And Mr Veivers calls that spending at the end of February was running cheap! The total of this review is $757,181, over $414m behind budget? Ray Connor, of but 23,000 Queenslanders have lost their course! Yes, it is easy to blame Mr Connor, jobs. the recently resigned Public Works and Time expired. Housing Minister. Just look at how his Liberal colleague Education Minister Quinn dumped on him and his department's performance. Australian-Italian Festival Ray's former ministerial colleagues are happy Mr ROWELL (Hinchinbrook) (9.58 a.m.): for him to take the rap. Look how smug they It is pleasing to see that the Government is are now that he is sitting at the back of the getting behind an event which has the Chamber and they are still sitting on the potential to become one of the State's biggest ministerial leather! cultural festivals. I am referring to the financial What is the truth of the matter? Yes, the assistance which the Department of Tourism, former Minister for Public Works and Housing Small Business and Industry is providing for was an incompetent manager of his capital the 1997 Australian-Italian Festival at Ingham. works budget. Look at his performance to the 1110 Private Members' Statements 30 Apr 1997 end of February. With two-thirds of the year the most valuable resource that an elapsed, this Minister had delivered only organisation can have. The people of the Far 42.9% of his capital works program—a shortfall North Queensland Institute of TAFE have of $90m. I have not risen today to condemn shown that they have that resource. As a poor Ray Connor. I want to obtain some result, they and the north Queensland justice for him. When it comes to incompetent community will reap the benefits. This contract budget management, Ray was no Robinson will not only bring greater revenue into TAFE Crusoe. The Treasurer's figures speak for generally but will also generate more export themselves. Mr Horan in Health spent only income for Queensland across-the-board. The 34.5% of his capital works budget—a shortfall members of this House are all too aware that of $82m. Under Mr Johnson, in Transport and the generation of export income is the Main Roads capital spending lagged by lifeblood of the State's and the nation's almost $68m. Let us not forget Mr Quinn, the economic prosperity. Today I wish to Minister who dumped on his former colleague; acknowledge the innovation of the Far North only 48% of his capital works budget was Queensland Institute of TAFE and the spent—a shortfall of almost $48m. Shame on ingenuity of the people of north Queensland the members opposite; shame on them all! for adding to our prosperity. That occurred despite the Premier's The Far North Queensland Institute of warnings that failure to spend the capital works TAFE does have the support of the Minister. budget would mean a loss of the money. Mr He has been supportive of that college since Connor should not take the rap for the gaining office. Certainly that has been an incompetence of this administration. The indication of the way the college has Premier shows no leadership. The Treasurer expanded. I am proud to bring that to the does not deliver on budget management. The attention of members in this House, because key Ministers responsible for delivering the the north will benefit, as will the people of Government's Capital Works Program are Papua New Guinea. simply not up to the task. Mr Connor deserves more friends on the back bench—friends with whom he used to sit around the Cabinet table Woodford Prison Riot only couple of weeks ago. Mr BARTON (Waterford) (10.05 a.m.): On Saturday in the Courier-Mail, we saw another selective leak from the inquiry report Far North Queensland Institute of into the 1 April riot at Woodford Prison. It TAFE revealed that the prison was far from ready Mrs WILSON (Mulgrave) (10.03 a.m.): I when prisoners were shipped in and that have always been someone who believes that training programs were not in place. What a we should encourage innovation, ingenuity huge surprise! When the findings of the report and a commitment to excellence in all things were published on 18 April, they cited a that we undertake. One of the best ways to cocktail of reasons for the riot. Primarily, it was encourage the entrepreneurial spirit among caused by the ridiculous smoking ban, food Queenslanders is to formally acknowledge and complaints and the poor and hurried recognise those people or organisations who preparation of the prison before its opening. are taking on the challenge. Only in that way For most members of the public, that may can we as a community, as a society, raise the come as a complete shock, but for those who standard. One such organisation of people have taken a keen interest in Corrective who have raised the bar, and should be Services in Queensland, unfortunately it will be recognised for doing so, are the staff of the no surprise. Every single one of those reasons Far North Queensland Institute of TAFE, of has been raised by a multitude of people, which I am proud to have been a member and including the Opposition both publicly and where I have taught for a number of years. privately before and after the opening of the I would like to inform the House that, gaol. Those people could justifiably say to the through a lot of hard work and the ability to Minister for Police and Corrective Services: we think innovatively, the Far North Queensland told you so. However, this is an issue that Institute of TAFE has just won a contract to goes to the heart of the problem with a deliver training in Papua New Guinea. That Minister who has consistently run away from does not happen easily; that happens through his responsibility. Mr Cooper was told about a lot of hard work, networking, visits and each of those problems weeks before the riot, consultancies. We in Cairns are very proud but he continued to pass them off as rumours. that that has happened. The ability to identify For starters, when the smoking issue was new markets and expand into them is perhaps raised, Mr Cooper's contribution was to say 30 Apr 1997 Private Members' Statements 1111 that the smoking ban was a ridiculous idea. entire health system of Queensland. That That is another insightful display of reasoning contrasts starkly with what did not happen from our Minister. Did he try to halt the during the Labor years. smoking ban? No! I pay tribute to the hard work of the QE II In early March before the prison opened, Hospital auxiliary who not only fought to see prison officers warned of problems about the the hospital retained and restored but gaol being underprepared and training throughout the dark Labor years continued programs not being in place. Did the Minister also to contribute small profits from their hold off opening the prison until those cafeteria to provide for much-needed medical problems were fixed? Again, no! He pushed equipment. The local newspaper, the ahead. At every new prison opened in Southern Star, also was a strong campaigner Queensland, prisoners have attempted to for the reopening of that hospital. christen it with a riot. Did the Minister put Time expired. measures in place to ensure that Queensland's worst prisoners, the dirty 30, did not have an opportunity to christen Woodford? Bowen State High School, Community No, he ignored the advice. As pressure Recreational Centre mounted at Woodford, Mr Cooper continued to sit on his hands. Mrs BIRD (Whitsunday) (10.11 a.m.): In February 1996 I received a letter outlining Time expired. favourable consideration from the Clem Jones Advisory Council for a community recreational QE II Hospital centre at the Bowen State High School. Subsequent to this, the P & C wrote to the Mr CARROLL (Mansfield) (10.07 a.m.): new Minister, the Honourable Mick Veivers, During the regrettable days of the former inquiring about the status of the project. Mr Labor Government, the QE II Hospital serving Veivers, with a great deal of media fanfare, the Mansfield electorate was seriously announced the approval of $300,000 for a downgraded. It was so bad that at one stage project which he said will add significantly to during 1995 only nine patients were present in the community recreational resources in the hospital. Minister Mike Horan has brought Bowen and cater for the young people. the QE II Hospital back from the doldrums. On 25 March 1997, 106 in-patients were admitted Imagine the dismay of the Bowen to the hospital—its busiest day in years. That community when the P & C were advised by was clear proof of the community's new-found the Minister that he had withdrawn funding trust in Queensland Health. and that the school was not now eligible under The QE II redevelopment has continued the National Standard Sports Facility Program, with the recent opening of the new $400,000 especially when the P & C had not applied level 1 intensive care unit and upgraded under that program. The Premier's man in emergency department. The new intensive north Queensland, the honourable Mr care unit contains five beds and has the ability Stoneman, announced in the Bowen to treat patients who were previously Independent that it was the Government, and transferred to major tertiary hospitals, thus specifically Mr Veivers, who were at fault and relieving pressure on these hospitals and that the funding may still or could still go to inevitably leading to increased patient care. Bowen. Despite letters from my office and The coalition's $2.7m phase 1 redevelopment from the council to the Premier, Ministers Veivers, Quinn and Sheldon on 13 March, we was completed in February of this year. It have received no response from anyone. involved the upgrading of outpatients and allied health areas, renovations to the hospital The people of Bowen are getting used to entry and refurbishment of the day surgery. the rug being pulled out from under them by The $4.4m phase 2 redevelopment is due for this Government. First it was Comalco, then it completion in mid July 1997 and will increase was the failure of the Minister for Industrial the number of operating theatres from four to Relations to respond to the Borthwicks six, establish a preadmission clinic and a 30- situation, and now the P & C. At the first bed medical ward, and provide for an meeting of the new Bowen Shire Council, upgraded rehabilitation area. Planning is well under the leadership of the new Mayor advanced for the $1m phase 3 for aged care, Michael Brunker, council moved very quickly to community health and breast screening secure the funding for Bowen. However, they facilities. That illustrates the coalition are adamant that they will not rest now until Government's commitment to the the commitment of funding for the Bowen redevelopment of the QE II Hospital and the community centre is realised. 1112 Private Members' Statements 30 Apr 1997

Olympic Flag or developers get up to their nonsense—with Mr TANTI (Mundingburra) (10.12 a.m.): I an urgent environmental problem, they are take great pleasure in informing the House told that they will be sent a form in Monday's that the Olympic flag will tour Queensland mail. Upon receiving the form and the throughout this August. My colleague Bruce department receiving the form back, the Davidson, the Minister for Tourism, Small department will put the matter in a queue and Business and Industry, has told me that his a job number will be allotted. That means that Queensland Olympic 2000 Task Force has it will be some three or four weeks before an been informed by the Sydney Olympic Games inspector is sent to investigate the problem. Organising Committee that the journey of the Recently, I have personally attempted to flag throughout Australia will include a number contact inspectors three times outside of of Queensland cities and towns. normal working hours with constituent complaints regarding urgent environmental The journey of the Olympic flag around matters. In each case I was asked by the Australia is SOCOG's first official event in the person on the other end of the line to put my three-year journey to the 2000 Olympic complaint in writing. In each case I have asked Games. Whilst the Games will be held in for a follow-up from the inspections detailing Sydney, they are Australia's Games. The the results of the investigation, how it was journey of the flag will bring this message dealt with and whether the company will be home to all Australians. The Olympic journey prosecuted. To this date, I have not received a will comprise street parades, family picnics and reply. interactive Olympic exhibitions at shopping centres throughout the country. At this stage Ordinary residents have a right to expect we understand the Queensland leg proposes that this Government department will carry out to travel to Townsville, Rockhampton, the Gold its brief as required by Parliament to protect Coast and Brisbane. I join the Minister in them and their families. They do not expect to encouraging all Queenslanders to embrace be told to put their complaints in writing. the Olympic spirit and to turn out in large Residents have become totally disillusioned numbers to these events. with this response and cannot see any point in making a complaint. That must certainly cut As the year 2000 approaches, down on an inspector's workload—inspectors Queensland will play an increasingly important must have nothing to do. role in the success of the Olympic Games. Not only will hundreds of international athletes An excellent example is Hornibrook, which base themselves here for pre-Games training is a business that is located right in the middle but also we will be holding some official events of Bulimba. Residents live all around that here. A number of matches for the official company. At the moment, Lyn Mathieson is soccer competition will be played at Lang keeping me up to date with the operations of Park, making Brisbane an Olympic city, too. I a trucking company in my electorate. urge all members to encourage their Yesterday, she rang me and gave me an constituents to make sure Queensland makes update. The company works until 11 or 12 these our Games. o'clock at night and then at 4 o'clock in the morning starts banging and bashing containers for the port. It is no wonder local Department of Environment residents see no point in taking up the matter with the department when they have been Mr PURCELL (Bulimba) (10.13 a.m.): I trying to do something about it for the last two wish to bring to the attention of the Parliament or three months. I am still waiting on a written how the Department of Environment has gone report. to sleep since Labor is no longer in Government. The department had a 24-hour hotline which was set up specifically to handle Retail Sector urgent environmental matters which happened Mr HARPER (Mount Ommaney) outside ordinary working hours. How many (10.15 a.m.): I wish to inform members of this companies and developers break the law House of the significant work being done by during working hours? I can assure members: the Minister for Tourism, Small Business and not many from where I come; that all occurs Industry and his department to ensure outside working hours. Queensland retail firms have an opportunity to The current system is that if residents ring increase their wealth and create further the department on a weekend or at night—but employment for Queenslanders. I am sure it is mainly on the weekend when companies that, although members opposite are 30 Apr 1997 Private Members' Statements 1113 laughing, they must be interested in that of this Government. In those five years, particular facet of Queensland's industry. we have had a focus on the The retail sector is Queensland's largest administrative and management systems employer and employs nearly one half of the within the schools. They have been 15 to 25 age group in this State. That certainly turned upside down without regard for the is a key factor in this Government's thrust to effects on classroom teachers, who have help young people. It is a major employer in had change right up to their ears." many regional areas. It may interest members Who made that statement? The then shadow of the House to know that one in six Minister for Education, Mr Quinn. What does establishments in the State is a retail he do now that he is Minister? At that time he business. This Government is committed to said that in five years there had been a focus ensuring that this sector has every opportunity on the administrative and management to grow, and the aim of the retail strategy is to systems and that the schools had been turned look at ways of solving the issues and upside down. What does he do? He becomes problems faced by the sector. Minister and introduces Leading Schools. The Minister has just released a progress What do teachers have to do? Exactly what report on the Government's retail strategy he complained about in October 1994. based on consultation with 33 different Teachers will have to focus on administrative industry bodies and Government agencies. I and management systems at the cost of am sure that interested parties will be more student outcomes. than happy with some of the suggestions and In the United States, all the research on will welcome the chance to have an input. school-based management shows Rather than release a policy, which will no unequivocally that, as a result of school doubt meet with criticism from some sections communities having to concentrate on of the retail sector, the Minister has released a organisational matters rather than educational discussion paper for comment. The progress outcomes, organisational matters have report highlights 22 major initiatives for predominated and educational outcomes consideration, covering such areas as have suffered. proliferation of shopping centres, excessive I support the principle of school-based regulation, retail leasing arrangements, management. I support the right of parents increasing business skills, franchising and and teachers in school communities to have a technology. say in the running of their schools. However, I reiterate that this report has been Leading Schools is a divisive weapon. It is a distributed to gain the views of interested division program—it is dividing our school parties on the responses suggested. Out of communities. It will have outcomes that are this discussion process will come the best going to result in gross unfairness. In relation possible strategy for retailers in Queensland. to every school in bands 4 to 7—as every This strategy is only the first step in a long line member who visits such a school would know, of initiatives that this Government has for this when $100m of the budget is given to schools sector and confirms this Government's in bands 8 to 11, they are going to be worse commitment to retail firms to help them to off. They are going to suffer. increase their wealth and create further Time expired. employment for Queenslanders. Time expired. One-stop Apprenticeship Shops Ms WARWICK (Barron River) Leading Schools (10.19 a.m.): Recently, the Minister for Hon. J. FOURAS (Ashgrove) Training and Industrial Relations launched (10.17 a.m.): I would like to read from Hansard three one-stop apprenticeship shops as part of of 26 October 1994, which states— the Queensland Government's response to "At the moment, the system suffers reforming the way in which services are from a lack of certainty because of the provided to employers who take on constant changes being made to it. Every apprentices and trainees. Of the three time another change is introduced, the demonstration projects, one is located in teachers have to adjust. Then the people Cairns and is known locally as the Cairns at the top bring in another change— Apprenticeship and Traineeship Service. another directive. The system has been in The concept behind these agencies is to a constant state of turmoil for the past five provide a range of Commonwealth and State years. That is a direct result of the policies Government services to employers, 1114 Private Members' Statements 30 Apr 1997 apprentices, trainees and job seekers through education centre with preschool in Year 1 or a one-stop apprentice shop facility. The whether the preschool students would be a current system for providing services to separate group. In that letter the Minister employers when taking on a trainee or stated— apprentice is seen by some unfamiliar with "I am advised that the school entry level training as being too complex, community indicated a preference for involving multiple layers of Government. It is option 2 and this was put in place for the not uncommon to hear employers describe beginning of the school year." the task of employing an apprentice or trainee as like being trapped in a maze of However, I said to the Minister that the school bureaucracy, buried in paperwork, lost in the made a decision based on information that system and confused by conflicting was incomplete. information. The end result is often "Never The people advising the Minister have again". refused to tell him that the parents are upset Having listened to numerous employers, I because they were conned and officers of the believe that the concept of the one-stop department in Rockhampton have failed to apprenticeship shops has the potential to admit that they did not properly explain the full redress all of their concerns and is a major impact of the options put to the school step forward in assisting business and industry community. The school now knows that it to create real and meaningful employment chose the wrong option and the school opportunities. The one-stop apprenticeship community is angry that the situation was not shop in Cairns is the only demonstration properly explained to them. All they ask for is a project in Queensland that has the capacity to fair go. The department, supported by the deliver the full range of services proposed for Minister, has denied them that. If this is how other one-stop shops. schools are going to be treated under the Leading Schools Program, it is no wonder that The one-stop apprenticeship shop will that program is being rejected. The Minister combine Commonwealth and State services will regret his arrogant approach to dealing and functions, ranging from receiving with education issues. vacancies and matching job seekers to those vacancies to providing all the administration of Despite the Minister's rhetoric, the morale the training agreement, including the payment in State schools is at its lowest in the history of of subsidies and allowances. No longer will the State. Cleanliness in schools is on the employers in Cairns need to go from one decline as the department continues its department to another. The one-stop shop agenda to privatise school cleaning, despite its effectively consolidates six potential client- failings in other States. Teachers and parents service centres to just one. That is what the have lost faith in the Minister, who is now employers want and I am committed to being referred to as "Peachey's Puppet". ensuring that the Queensland Government The Minister is incapable of making a plays its part in ensuring that those wants decision, and he has no respect for teachers, continue to be met. students or parents. If he did have respect for The involvement of industry is paramount them, he would have consulted with school to the success of the one-stop shop. communities before attempting to force Therefore, I am pleased to acknowledge the Leading Schools on the people of Queensland Chamber—— Queensland. Promises of bags of money are a con because the Minister does not have the Time expired. courage to spell out the additional cost burdens that will be handed back to schools under Leading Schools. What impact will Bouldercombe State School Leading Schools have on rural—— Mr PEARCE (Fitzroy) (10.21 a.m.): On Time expired. behalf of the Bouldercombe State School community, I wish to express my disgust at the manner in which the Education Minister has Richmond Fossil Fields handled the issue of staff numbers. The Mr MITCHELL (Charters Towers) Minister has not listened to what has been (10.23 a.m.): It is my pleasure to inform the said. House of an initiative of the Minister for In a letter dated 25 March, the Minister Tourism, Small Business and Industry, Bruce explained to me the options put to the school Davidson, to protect Queensland's rich fossil principal and the P & C association, based on heritage. Over the past 12 months the Minister whether the school would have an early has had the opportunity to visit some of 30 Apr 1997 Private Members' Statements 1115

Queensland's remarkable fossil fields, at a time when banks are under pressure to including Richmond in my electorate. sustain the record-breaking $1 billion profit of the past two years and when annual reports The treasures found in Queensland's show top executives at the banks earn more fossil fields are of enormous value, not only to than $1m a year, some for the first time. scientific study but also as a potential economic boost for the various regions in Banking is an essential service, as which they are found. Like areas surrounding necessary to modern life as water, power and Hughenden, Muttaburra and Riversleigh, the ambulances. Pensions, pay packets and Richmond fossil fields have provided unique almost everything else are now paid into bank opportunities for the community to diversify its accounts whether we like it or not. They have economy into tourism. Many of the fossils are our money and they help themselves to it. A unique to the world and are a major attraction recent study by the Centre for Australian for people from all over the world. Financial Institutions at the University of Southern Queensland found that, without To protect this potential, the Minister has direct access to banking, rural people had taken the first steps to draft legislation to difficulties managing their access to cash. The prevent unwarranted commercial exploitation cost of getting loans from distant financial of significant Queensland fossils and to ensure institutions has increased at the community that appropriate tourism development can level and there has been a substantial occur. A reference group representing the spending drain as local people start to shop in University of Queensland, the Queensland other towns when they go to do their banking. Museum, the Office of Arts and Cultural Development, the Department of What do we hear from the State Environment, the Department of Natural Government, which purports to represent the Resources and the Department of Mines and interests of rural Queensland? There has been Energy has been established. This group will a disappointing lack of comment, a lack of look at a number of issues relevant to the concern and a lack of action from the development of the legislation. Should Treasurer and the Minister responsible for Queensland pass the proposed legislation, it consumer affairs to the threat to these will be one of the first Australian States to do essential services in central Queensland. I call so. Western Australia is currently in the on the Ministers to take some action, and here process of developing similar legislation. are some ideas: firstly, tell the Federal Queensland's reference group will liaise with Treasurer, who is currently preparing a the Western Australian authorities on relevant response to the Wallis inquiry, that the needs points. of rural Queensland must be considered; secondly, establish a telephone hotline to take I would also like to announce that people's comments and complaints about Richmond is holding its inaugural Fossils banking services, particularly in the bush—— Festival. That festival starts tomorrow and will Time expired. run for the next five days. I commend the Minister for this initiative on the fossil fields. 2001 Paediatric Oncology Conference Mr HEGARTY (Redlands) (10.27 a.m.): I Rural Bank Closures take great pleasure in informing the House Ms SPENCE (Mount Gravatt) that Queensland will host the 2001 Paediatric (10.25 a.m.): The Labor Party is extremely Oncology Conference. The State beat the US concerned at the current direction of changes city of Detroit to hold the $3.8m conference. taking place in the banking system which are This prestigious conference has previously hitting rural communities and disadvantaged been held in Austria, Turkey, Japan, Canada consumers hardest. This week a Coopers and and the Netherlands. Lybrand report stated that rural regions When the Honourable Minister for throughout Australia will see the closure of a Tourism, Small Business and Industry made large number of branches, particularly in the announcement, he said that central Queensland. Bank mergers such as approximately 1,700 delegates and their the recent Suncorp/Metway merger, which was partners from overseas and throughout engineered by the Government, mean branch Australia will be expected to travel to Brisbane closures and staff cuts, particularly in rural and for the conference. However, the benefits will regional Queensland. The major banks have spread far beyond the capital city limits. already signalled their intention to close further Conference delegates are well known for branches to maximise their profits. This comes touring both before and after the conference 1116 Questions Without Notice 30 Apr 1997 proper. Considerable effort will be put into that the election is intended by the Howard attracting these people to Queensland's many Government to be a mickey mouse affair. It is regional tourist destinations. inconsistent to require a compulsory vote for a The bid was led by the Brisbane Visitors general election, yet allow optional voting to and Convention Bureau and assisted by the elect a convention to overhaul the Constitution Brisbane Convention and Exhibition Centre which provides the legal foundation for and the QTTC. Congratulations should be parliamentary democracy in Australia. It is a extended to all involved. Conventions are vital dangerous precedent. This is a Liberal Party to Queensland's tourism industry, generating Trojan Horse to introduce optional voting around $360m annually for our economy. generally. Convention delegates are high-yield visitors Time expired. with the strong potential for repeat visitation. Convention business into Australia is growing at more than 27% per year. The Queensland QUESTIONS WITHOUT NOTICE Government, through the Department of Orchid Beach Airstrip Tourism, Small Business and Industry and the Mr BEATTIE (10.30 a.m.): I refer the Queensland Tourism and Travel Corporation, Premier to his $250,000 plan to reopen Fraser is increasing its focus on this burgeoning Island's Orchid Beach airstrip that was closed sector. The QTTC has a Conventions and by Labor in 1994, and I ask: as Bureau of Air Incentives Unit in its head office and specialist Safety records, which I table, show that the staff located in Munich, Los Angeles and Orchid Beach airstrip is notoriously dangerous Singapore. The QTTC also provides funding because of shifting sands and unpredictable for the State's five regional convention wind turbulence and has been the site of 13 bureaus in Brisbane, Cairns, Townsville, the major aircraft incidents, including four fatalities, Gold Coast and the Whitsundays. Under this since 1971, why is the Premier so eager to Government, Queensland can expect more reopen this dangerous airstrip in respect of announcements on major conventions and which the police, the Ambulance Service, events in the future. Customs, Coastwatch and Emergency This announcement, in conjunction with Services have all advised his Government is Brisbane's recent success in attracting the "not suitable for their aircraft" and "not $7.5m Fifteenth World Congress of Sociology essential for their current operations"? in the year 2002, proves our growing Mr BORBIDGE: What the previous reputation as an international conference Labor Government tried to do was to isolate destination. I am sure that the Minister, the people on Fraser Island, particularly the Honourable Bruce Davidson, will be pursuing northern part of Fraser Island, from all contact more of this type of business—— with the outside world. The former Time expired. Government did a shabby deal on the Orchid Beach Resort, which one of these days will come out, with a very substantial Australian Constitutional Reform compensation package paid to the owner of that resort. Hon. M. J. FOLEY (Yeronga) (10.29 a.m.): Reform of Australia's Constitution Mr Davidson interjected. is an historical imperative if we are to celebrate Mr BORBIDGE: The Minister for the centenary of Federation with the Tourism is obviously also aware of some of the proclamation of an Australian republic. curious dealings that the previous Labor Unfortunately, serious constitutional reform is Government had with Mr Leach and Orchid being hampered by the lack of a formal Beach, and that might make an interesting compulsory ballot for the election of tale to be told in this Parliament one day. candidates for the constitutional convention in Quite aside from that, the former Government December. The Federal Government's tried to close all the roads and took the airstrip decision to allow optional voting demeans the off the people despite the fact that a large importance of the community's wish for number of people visit the northern end of constitutional reform, particularly on the issue Fraser Island and, from time to time, there are of a republic. requirements for medical evacuations and The Constitution Convention Election Bill access. currently before Federal Parliament should be I found it absolutely fascinating that the amended to provide for compulsory voting Leader of the Opposition stood in this place similar to every other election. The message to today and said, "How dare you keep an ordinary voters of a non-compulsory ballot is election promise." We went to the people of 30 Apr 1997 Questions Without Notice 1117

Queensland with that commitment. We were been made in the politically correct press and satisfied on all the evidence available to us by the Labor Party opposite, rather than being that it was the right decision to reopen that isolated on this particular issue I received very airstrip, for which provision was made in last generous and widespread support from the year's Budget. We intend to proceed to peak industry groups in Queensland. It has honour our commitment, and no doubt in due been resolved and agreed with industry course we can have a more general groups that they will work with the Government discussion in this place about some of the on a working party as these issues evolve. curiosities relating to the trade-offs that were Mr BEATTIE: I rise to a point of order. done in respect of the compensation package Mr Speaker, the Premier is misleading the for the Orchid Beach Resort under the House. No motion was put to that meeting. I previous Labor Government. have been contacted by people who attended and they believe that the Premier has abused Orchid Beach Airstrip their trust by misrepresenting their opposition, or at least their cautious concern to wait until Mr BEATTIE: I direct a second question they see the detail. The Premier abused their to the Premier. I table a letter from the then trust, and now he comes in here and misleads acting Environment Department Director- the House. General, Tom Tolhurst, to the Premier's Director-General, Peter Ellis, about possible Mr SPEAKER: Order! There is no point litigation against the State Government—a of order. view confirmed by the Environment Minister, Mr BORBIDGE: The Leader of the Mr Littleproud, and I ask: as the Orchid Beach Opposition was not there. How would he airstrip is located inside the Great Sandy know? How typical of the Leader of the National Park and, therefore, is on State Opposition! The situation is that everyone Government land, why is the Premier ignoring who participated in that meeting will be Environment Department advice and planning working with the Government as this issue to wilfully expose Queensland taxpayers to evolves. I am very appreciative of the support public liability for any air crash that may occur that we received from peak industry groups as as a result of the Government's reopening of opposed to the splendid isolation of the dangerous Orchid Beach airstrip? honourable members opposite. Mr BORBIDGE: Procedures are being As the Leader of the Opposition wants to put in place to ensure that that does not talk about unanimous support, I wonder occur. I make the point that this is a whole-of- whether he agrees with the comments Government decision. Under our Government, attributed to the former Labor Attorney- unlike the former Government of honourable General, Michael Lavarch, husband of the members opposite, the Department of Labor Party candidate for Kurwongbah, who Environment does not have the right of veto said recently that the "Keating Government over Government policies that have been genuinely believed the outcome of the Mabo endorsed by the electorate in a general decision was that native title had been election campaign. extinguished by pastoral leases". That is what Mr Lavarch promised. What we are seeing on Wik and native Wik Negotiations title is an absolute betrayal by the Leader of Mr SPRINGBORG: I ask the Premier: the Opposition, by honourable members can he inform the House of the outcome of his opposite, by "Black Hole" Beazley down in meeting yesterday with peak industry groups Canberra and the assorted ragbag group that concerning the Commonwealth's proposed is out there today trying to say that once again response to the High Court's Wik ruling? the rural people of Australia—the farmers and Mr BORBIDGE: Yesterday afternoon, I the pastoralists—should have to carry the can had the opportunity to meet with most peak for everyone else. industry groups in Queensland to brief them I am also particularly concerned at certain on the current state of negotiations between comments that have been made by ATSIC. I Queensland and the Commonwealth and the refer in particular to comments that have been details of the Prime Minister's 10-point plan as made by ATSIC Commissioner Geoff Clark, presented to the Premiers Conference on who said— Monday. ". . . Aborigines would urge a boycott at I am pleased to report to the House that, the 'farm gate' and lobby black African contrary to some of the assertions that have nations to consider their participation in 1118 Questions Without Notice 30 Apr 1997

the Sydney Olympics if Mr Howard Mr BORBIDGE: I can only reiterate that refused to revise the plan." we make no apologies for implementing I would make this observation to those people Government policy. That is why we are the who are bloated by the ATSIC budget and the Government. The policy was taken to the income generated by Australian taxpayers: if people of Queensland at the last election. they want to go out into the community, if they Commitments were given—— want to boycott farm products, if they want to Mr Beattie: You didn't win. take action against the farmers of Australia, if they want to campaign internationally in Mr BORBIDGE: I reckon that 54% of respect of opposing the Sydney Olympics, if the vote isn't bad. Were it not for Labor's they want to go to Edinburgh to the CHOGM home-grown gerrymander, we would be over meeting and campaign against countries here with a 10-seat majority. We make no participating in the Sydney Olympics, then I apology for implementing our election say: let them do it at their own expense, not at commitments. In respect of the electorate of the expense of the taxpayers of Australia. Hervey Bay—I intend to make sure that That course of action, aided and abetted by everyone knows that the local member is honourable members opposite, that is being seeking to frustrate a very important initiative mooted by some of the extremists in the for the people of Fraser Island and the people Aboriginal industry—no doubt totally backed of Hervey Bay. and supported by people such as the member for Cook—is totally and absolutely un- Australian. If they want to go into the Media Reports on Native Title Issues international community, if they want to say to Mr CARROLL: I direct a question to the Australians, "Don't buy what our farmers Honourable the Premier. As Opposition produce", if they want to go to Edinburgh or members and some in the media have anywhere else and say, "Don't come to the suggested that the Queensland coalition Olympic Games", if they want to go out there Government's firm position on resolving native and advocate trade sanctions against title issues reflects not only parochialism but Australia, why should it be that the taxpayers also self-interest, I ask him to inform of Australia are paying their air fares and their honourable members of the latest remarkable meals and their hotel accommodation bills? exploits of one of those fearless media The stated position of ATSIC by investigators. Commissioner Clark speaks for itself. The Mr BORBIDGE: I thank the honourable Prime Minister and the Federal Government member for his question. I regret that when I have an immediate obligation to review its do want an accurate assessment of what is funding. happening in Queensland politics I increasingly turn to the Sydney Morning Herald Orchid Beach Airstrip or the Australian. The consistent attitude of the Courier-Mail in respect of native title is anti- Mr NUNN: I direct a question to the Queensland in the extreme. Premier. As FOI documents, which I table, show that the Environment Department I have a leak from the Courier-Mail. It is advised him and Cabinet that reopening the fascinating how they are trying, in concert with Orchid Beach airstrip would be viewed as the Labor Party, to suggest that the reason we ". . . inconsistent with the Great Sandy Region are taking this stand on native title is that there Management Plan and the findings of the might be some enormous benefit for (Fitzgerald) commission of inquiry into the ourselves. I have a fax from Queensland conservation, management and use of Fraser Newspapers dated 29 April 1997 to Bill Island and the Great Sandy Region" and, Bunting, Land Services Centre. It states— further, that the Environment Minister advised "Please charge a/c 1102. the Premier personally on 7 May 1996 that all departmental needs for access to the area are Bill, adequately provided without need for this airport, I ask: on whose instructions did the Could you please fax me information Premier's Director-General, Peter Ellis, ignore on whether any of the following 43 people this advice when he wrote to his Environment own pastoral leases and/or farm by owner/valuer and title searches. Department counterpart last June demanding the department prepare a funding submission As Paula Doneman discussed on the for urgent Cabinet consideration "in view of the phone with you, this material is requested Premier's position on this matter"? urgently! 30 Apr 1997 Questions Without Notice 1119

Thanking you for any assistance you Orchid Beach Airstrip can provide in this regard. Mr ELDER: I refer the Premier to the 10 Yours faithfully, October letter from his Director-General, Peter Paul Whittaker" Ellis, to his counterpart in the Environment Department in which Mr Ellis says about the Mr Beattie: So? planned reopening of Orchid Beach airstrip— Mr BORBIDGE: That is only half the "The Honourable the Premier is keen story. The names are: Robert Edward for the project to progress as quickly as Borbidge, Theo Russell Cooper, Thomas John possible and has indicated to me that, for George Gilmore. Let us have a look at the an official opening of the facility, he would strike rate. Robert Edward Borbidge: nil. Theo like to arrive at the airstrip in the new Russell Cooper: nil. Thomas John George Government aircraft." Gilmore: nil. Howard William Thomas Hobbs: I table that letter. I ask: why does the Premier strike—got one! Michael James Horan: nil. not just admit that the only people who stand Elizabeth (Liz) Anne Cunningham: nil. Jannion to benefit from the reopening of the airstrip are Anthony Elliott: nil. Andrew Anthony his Gold Coast developer mates at FitzGerald: nil. On it goes. After this great big Queensland Resort and Residential Projects investigative journalist finishes the job, they Pty Ltd, who want to build a new backpacker find out that Minister McCauley and Minister resort near their 65-block residential housing Slack might have a lease. Obviously subdivision at Orchid Beach? disappointed that they have found two out of 26,000 leaseholders—— Mr BORBIDGE: In the gutter again! The simple fact is that this policy was taken to Opposition members: Three. the people at the last election. It was Mr BORBIDGE: Three, I am sorry—we endorsed—— have a situation where they go to David Opposition members interjected. Russell, Ken Crooke, Robert Sparkes, Don McDonald, Joh Bjelke-Petersen—nil, nil, nil, nil, Mr BORBIDGE: I will tell members nil. But obviously the story for the Courier-Mail something about Mr Ferguson: it is likely that is not quite yet front-page material, so there is there will have to be a Criminal Justice a further fax which states— Commission investigation into the way he was treated by the former Government. The last "Bill, time I spoke to Mr Ferguson, I was unaware Sorry to put the pressure on again that he was in a position to fund anything, after your extremely helpful efforts today, because the former Government had just but would it be possible to search these about bankrupted him. names urgently as well?" The names are: Denver Edward Beanland, Capital Works Raymond Thomas Connor, Bruce William Mr HEGARTY: I refer the Honourable Davidson, Francis Edward Carroll, Robert the Premier to criticism of the Government by Malcolm Harper, Bruce Edric Laming, Robert the Opposition over the issue of capital works, Joseph Quinn, Theodore Paul Radke, Santo and I ask: will the Premier outline to the House Santoro, Joan Mary Sheldon, Francis John the true position in respect of this issue? Tanti, Lynette Robyn Warwick, Dr David John Hopetoun Watson, Lucas Scott Woolmer, Mr BORBIDGE: I thank the honourable John Herron, Ian Macdonald, David member for the question. Yesterday and MacGibbon—they might as well try the phone today, we have heard a great deal from the book! But after all this, where is the request for Opposition about the Capital Works Program Peter Douglas Beattie? Where is the request and what has been achieved and what has for honourable members opposite? not been achieved. If the Courier-Mail had rung yesterday, I Mr Livingstone interjected. would have given them a bit of simple advice: Mr BORBIDGE: I think it is quite there is a pecuniary interests register, and it is appropriate to educate the honourable free. I am told that MI5, the intelligence unit of member for Ipswich West in respect of the Queensland Newspapers, has seized upon performance of this Government compared to this fact, and Mr Whittaker and colleagues are the performance of the previous Government. currently—quite appropriately—rabbiting their Yesterday and today we have heard the way through the pecuniary interests register of Opposition criticise this Government over the Parliament, where they should have capital works spending. In light of this, I started in the first place. considered it appropriate to consider the 1120 Questions Without Notice 30 Apr 1997 record of this Government against that of our Mr BORBIDGE: In 1992-93, Labor predecessor and to update for members the underspent its alleged $3 billion capital works progress of spending in capital works this budget by a whopping $411m, or 12.5%. In month. fact, in the first three alleged $3 billion-plus In the Department of Education, April saw capital works budgets, Labor underspent $47.3m approved for projects such as the allocations by almost $900m—by $242.2m in Tannum Sands State High School and the 1991-92, by $411.04m in 1992-93 and by Kuranda State High School. This expenditure, $227.821m in 1993-94. all approved and all funded, will generate I am quite happy to fully detail, for the 533.6 person-years of employment. In the benefit of the honourable member, those Department of Health, April saw a total of capital works programs approved by Executive $62.9m, including the Redlands Hospital Council during April—the total in excess of redevelopment. This expenditure, again all $176m. No doubt, if I tried to read them out, funded, will generated 580.9 person-years of the Labor Party would accuse me of employment. In the Main Roads Department, filibustering. a total of $43.778m has been approved, Mr Elder: Table it. generating 351.2 person-years of employment. I am advised that Executive Council approvals Mr BORBIDGE: Perhaps seeing that for capital works spending in April totalled—— the honourable member wants to know what we are doing, I should go through them line by Mr Livingstone: How much have you line. In Education they are: Tannum Sands spent? State High School; Springfield State School; Mr BORBIDGE: I am trying to tell you, Eatons Hill State School; Clifton State High you dill. I will have to go a bit slower. I will School; Logan City Special School; repeat the sentence. It is no wonder people Homestead Drive State School; Beenleigh vote for Pauline Hanson out the honourable Special School; Runcorn State High School; member's way. Bowen State School; Kuranda State High I am advised that Executive Council School; Pimlico State High School— approvals for capital works spending in April Performing Arts Centre; The Gap State High total $176.346m, fully funded, amounting to School; Talara State School, Currimundi; 1,679 person-years of employment. I am Jinibara State School, Narangba; Mountain further advised that during the course of this Creek State High School, Maroochy; Mountain calendar year, submissions to Executive Creek State High School, Maroochy; Hendra Council approving capital works spending have State High School; and Boonah State High generated almost 7,000 person-years of School. employment. Have members opposite got In Health we have: the Redlands Hospital that—7,000 person-years of employment? redevelopment contract, Ipswich Hospital That is the number after 6,999—7,000 person- redevelopment, North Brisbane Breast years of employment. Screening Clinic—— How does this compare with Labor? Let Mr Fouras: Mr Speaker, do we have to us consider for a moment the record of those put up with this? opposite when it comes to capital works—the Mr SPEAKER: Order! The member for people who have been most vocal in their Ashgrove asks the question, "Should we have criticism of this Government. to put up with this?" I will quote from Speaker Mr Hamill: Your Treasurer promised Fouras on 17 March 1992, who said that when everything would be spent. questions are multi-pronged and long answers Mr BORBIDGE: No, no, we are going to are required, a Minister should be allowed to talk about the record of the members answer each part of the question. I believe the opposite. Premier is answering each part of the question. We will have some order on both Mr Elder interjected. sides. Mr SPEAKER: Order! The member for Mr BORBIDGE: Mr Speaker, thank you Capalaba! for upholding the wise decision of Speaker Mr BORBIDGE: The members opposite Fouras in this place. do not like the truth. I will continue with the Health capital Mr SPEAKER: Order! I warn the works: Ipswich Hospital redevelopment, North member for Capalaba under Standing Order Brisbane Breast Screening Clinic, Herston 123A. Let us have a little less interjecting. Complex, RBH Angiography and Fluoroscopic 30 Apr 1997 Questions Without Notice 1121

Units, and the Accommodation Rationalisation spending by the previous Labor Government, Strategy. we are leaving it in the dust. In terms of Corrective Services we have: Arthur Gorrie Centre, Wacol Dog Squad, Airconditioning Schools Numinbah Correctional Centre, Townsville— Cleveland Detention Centre, John Oxley Youth Mr PEARCE: My single-pronged Detention Centre, Townsville Correctional question is to the Education Minister. Centre, and the Townsville Correctional Mr SPEAKER: I ask him for a single- Centre. In Justice we have: Brisbane Law pronged answer. Courts. In Main Roads there are: Warwick, Mr PEARCE: I refer the Education Cunningham Highway; Inglewood, Minister to his Government's policy that only Cunningham Highway; Maroochy, Bruce schools in the tropics north of Bowen will Highway; and Banana Shire, Leichhardt receive State funding for airconditioning of Highway. their classrooms, and I ask: did the Premier Ms Bligh: You're spending only half consult the Minister before he ignored this what you said you would. policy and allocated $300,000 in State funding to aircondition three Moranbah schools in the Mr BORBIDGE: Honourable members National Party electorate of Charters Towers? opposite said we are not doing anything. They Why has he rejected similar funding requests accused my colleague the Minister for Main from schools at Blackwater, Middlemount, Roads. I must respect the decision of the former Speaker in this regard. Dysart and Tieri in the adjoining Labor electorate of Fitzroy which have raised nearly Mr WELLS: I rise to a point or order. Mr $700,000 towards airconditioning in their Speaker, I refer to the precedent that you just schools and only want to be given a fair go like quoted to the House when questions are the Moranbah schools? multi-pronged. This question was not multi- Mr QUINN: When we were looking at pronged; the precedent does not apply. I ask the Cool Schools initiative, there was an issue you, therefore, to bring the Premier to order. of how far south we would go and whether, in Mr SPEAKER: I ask the honourable fact, we would take it to the 20th parallel or member to resume his seat. There is no point further south. There was a debate at that of order. I call on the Premier and ask him to particular time as to whether we would go wind up his answer. I think it has gone on long down to the 22nd parallel. Because of enough. budgetary limitations, we decided that we Mr BORBIDGE: Certainly, Mr Speaker. would stick with the 20th parallel and, as honourable members would know, we are in I will continue with the Main Roads capital the process of implementing that Cool Schools works: Cairns, Brinsmead Road; Hervey Bay, program north of that particular line. There are Bruce Highway; Brisbane-Ipswich, some minor variations around Charters Towers Cunningham Highway; Caboolture, Bruce and through Bowen, because the line goes Highway; Oxenford, Pacific Motorway; through those two towns and splits Pimpama, Pacific Motorway; Cloncurry, Burke communities. They are only minor variations to Developmental Road; Brisbane, Redcliffe Sub- those lines in the interests of keeping together arterial Road; Bungil Shire, Warrego Highway; the communities in those particular towns. Maroochy Shire, Bruce Highway. Office of Tourism and Sport, Police, Public Works and As to the issue of the additional moneys Housing—— to the school at Moranbah—I understand that the Premier's Department has provided some Mr HAMILL: I rise to a point of order. I funding on the indication that, in the move that the Premier table the document foreseeable future, we will be looking at from which he is quoting in the Chamber. extending the range to the 22nd parallel, as I Mr SPEAKER: The honourable indicated in the first part of my answer. member has asked that he table it? Mr Hamill: I move that he table it. Law and Order, Mackay Mr BORBIDGE: I am absolutely Mr MALONE: I ask the Minister for delighted to table the document. Police: could he outline what action police I say in conclusion that there are similar have taken to address law and order issues in programs for most months and, as I said Mackay? earlier in my answer, in terms of our spending Mr COOPER: With the greatest of of the Capital Works Program compared to pleasure! I commend the member for Mirani 1122 Questions Without Notice 30 Apr 1997 for his question. Obviously, he has concerns Mr COOPER: I am pretty sure that the about Mackay. Earlier this year and prior to the member for Mackay would agree that he last election I had discussions with members would like another 14 police this year. Why of the Mackay City Council. I am certainly does he not put up his hand? Or does he not aware that there are issues there to be want them? Maybe they can go elsewhere. addressed, and we are addressing them—as Mr SPEAKER: Order! We are not we are doing right across the State. We are debating this issue. trying to fill in the gaps and clean up the mess that members opposite left behind. We are Mrs BIRD: I rise to a point of order. getting there. We are cleaning up the mess. Could the Minister clarify for me whether he is The police themselves worked very closely with talking about Mackay City or the Mackay the Mackay community as well as the city region? Most of those are to fill the gaps in the council, local businesses and ATSI groups, Whitsunday region. particularly in relation to alcohol-related crime Mr SPEAKER: Order! I will do some and subsequent street offences. clarification. Members have been taking far As a matter of interest, because of the too many frivolous points of order. There is no work that has been going on with the police, point of order. This is not a debate. The the Mackay City Council and the business Minister will stick to the answer to the question. community in that area, crime rates actually Mr COOPER: Sure. I am enjoying every fell in 1996 compared to 1995, when that lot bit of it. opposite were in Government. This is yet It is planned to increase the Dog Squad another demonstration of the fact that things by a dog and a handler in the medium term. are improving, and we will continue to improve Again, the numbers are going up. Dog them. That means a drop in offences against numbers are going up. The main thing is to the person, which is one of the issues of deal with the problems that people have in concern in that area and in other places. But that area. That is being done. But we must not the fact is that this is working and working well. forget that the gaps were caused by this lot As well, the people up there want dedicated opposite. Rostering has been changed to foot patrols, especially in the inner-city area. ensure the highest possible police profile in These sorts of things are happening, and they the Mackay central business district at critical will increase as more staff come into play. times. It is planned to give a higher priority to Those staff are coming into play. establishing daily foot patrols in the Mackay An Opposition member interjected. CBD when the number of general duties Mr COOPER: That is on the member's personnel at the Mackay station is restored by figures. I will give him the figures. I have them this Government after the Labor regime so all here. Those numbers are coming through. irresponsibly ground down those numbers. Even the member for Mackay—an Opposition Between 1993 and 1996, numbers fell from member—knows and admits that there will be 171 to 159 in the Mackay police district, an extra 14 police in Mackay this year. He representing a drop of 7%. That was Labor's knows that they are coming. Some of them form in 1996. We are delivering those extra 14 are already there. Special patrols have been police. By June 1997 that number will increase conducted by the CIB, Juvenile Aid Bureau to 176. officers, the Dog Squad and the Traffic Mr BARTON: I rise to a point of order. Branch. That is already happening. The Dog The Minister is misleading the House. Squad in particular is receiving a significant Yesterday, as recorded in Hansard, he said increase in the weekend budget. that this year Mackay would be getting not 14, Mr MULHERIN: I rise to a point of not 10, but eight. order. I just want a point clarified. The Mr SPEAKER: Order! I call the Minister. Honourable Minister said yesterday in this Mr COOPER: It is 14. The number is 14 House that there were 10 police for Mackay. extra police this calendar year. Mr SPEAKER: Order! The member Opposition members interjected. cannot ask for clarification. Mr COOPER: I will wait until members Mr MULHERIN: Now he is saying 14. opposite are ready. Mr SPEAKER: Order! The member will Mr SPEAKER: Order! state his point of order. Mr COOPER: Five additional police are Mr MULHERIN: What is the answer? on their way to Mackay after inductions in the Mr SPEAKER: Order! I did not hear the past week, boosting numbers in the member. I call the Minister. immediate future. Two from Oxley will be on 30 Apr 1997 Questions Without Notice 1123 the roster at the Mackay station on 7 May and down so hopelessly and irresponsibly. They two from the Townsville induction will be on should be ashamed of themselves. duty at the Mackay station on 10 May. Mr SPEAKER: Order! The Minister will Mr BARTON: I rise to a point of order. I table the document. He indicated that he move that the Minister table the document would table it. that he is reading from so that we can all see for ourselves. Mr SPEAKER: Order! It has been Sunbelt Developments Pty Ltd; Gold moved that the Minister table the document. Coast Indy Mr COOPER: I will be quite happy to do Mr GIBBS: I draw the attention of the that once I am finished. Two from the Minister for Tourism to the fact that receivers Townsville induction will be at the Mackay were appointed yesterday to Gold Coast Indy station on 10 May. A third Townsville graduate sponsorship company Sunbelt Developments will be on roster in the near future. Another Pty Ltd. I ask: is he aware that Indy may be three additional officers are expected to forced to surrender the $400,000 sponsorship transfer to Mackay in the near future. Those payments from Sunbelt if receivers judge that incoming officers will give the district officer the the transactions were not made in the normal chance to enhance service delivery in the course of business and seek a court order to CBD. Further to this, the Mackay district will have the money given back for distribution to benefit from a further allocation from Oxley in Sunbelt creditors? August and another in December. The Mr DAVIDSON: No, I am not aware of additional staff are coming on line, and they the issues raised by the member for will increase the district figures by 14 by the Bundamba. I will take a briefing from the end of the calendar year. The extra officers will chairman of the board today. As the member allow a substantial increase in pro-active police is aware, an article in the newspaper today work. Those numbers will be there. That is advised that Sunbelt had been placed in good news for Mackay. liquidation. The administrators are concerned Last night there was a community that the undue and adverse publicity received consultative meeting, of which I know that the in the last month or two has resulted in a rush member is aware. The assistant commissioner of creditors on Sunbelt. After question time, I for that region did attend that meeting. Many will take a briefing from the chairman of the good things for the people of Mackay will flow Indy board. I will be happy to inform the from that meeting. There is a recognition by member for Bundamba of the position of the the community and the police that a Indy board in relation to the Sunbelt partnership is needed to work together to bring sponsorship. down the crime rates. That is exactly what is happening. That is why that is catching on so QE II Hospital well and why police and community councils are becoming so popular. That is the sort of Mr RADKE: I ask the Minister for Health: partnership that the people need. will he inform the House of the improvements that the coalition Government has made to Mr SPEAKER: Order! The Minister will Brisbane's QE II Hospital since coming to wind up his answer. power? Mr COOPER: Mr Speaker, there is more. A lot has happened and is happening in Mr HORAN: I know that all the coalition members on the south side of Brisbane are Mackay, and it needs to be known. extremely interested in the vast improvements As to police youth camps—there was one that we have brought about at the QE II under way last week. There is a group up Hospital. If anything demonstrates the there called the Elders, who are bringing absolute mess of Health that was made by the together respected representatives of previous Labor Government, it is what it did to indigenous groups in Mackay. Again, that is a the QE II Hospital. In 1995, that once great, step in the right direction. The Mackay proud hospital that served the south side of Aboriginal and Islander Justice Alternative Brisbane was reduced to nine beds. Group has been formed. There are blue-light discos. The list goes on and on and on. They Mr Ardill interjected. are very positive moves. They are the sorts of Mr HORAN: The honourable member moves which we fully intend to continue. I was one of the people who stood by, saw enjoy saying that those numbers are being what happened and did nothing. He should delivered after members opposite ran them hang his head in disgrace. 1124 Questions Without Notice 30 Apr 1997

Mr ARDILL: I rise to a point of order. outpatients, upgrade of allied health areas The Minister knows that that is not true. I seek and refurbishment of day surgery. The figures a withdrawal of that absolute untruth. He speak for themselves. A comparison of knows very well that I objected all the way to January-March 1996 with January-March 1997 any change to QE II and that I supported that shows a 58% increase in the number of hospital. people admitted in that period. At midnight on Mr SPEAKER: Order! The member will 25 March, just last month, the QE II recorded resume his seat. The honourable member has its busiest day for many years with 106 in- found the remark offensive and has asked the patients. Compare that with the dismal record Minister to withdraw. of the previous Labor Government. Every one of the Labor members in that area should Mr HORAN: I will withdraw. I am pleased hang their head in shame that they were not to hear that he tried so hard in vain. Obviously, able to stop the Labor Government from the powers that be in the Labor Government downgrading the QE II Hospital as they did. I were determined to destroy the QE II Hospital am proud to say that the coalition Government and reduced it to just nine occupied beds, just has been able to return that hospital to do a shadow of its once great self. The QE II what it should be doing: serving the people of Hospital once had the third biggest accident the south side. and emergency section in the State and the third biggest maternity section. It was one of I will wind up by reading the opening part the great jewels in the crown of the of the editorial in the Southern Star of 23 April, Queensland health system. "'Miracle' cure", which states—— The coalition Government, an action "If the QEII Hospital were a patient, Government, made an election promise. We its recent recovery would be viewed as have restored that hospital to a true nothing short of miraculous. community general hospital. We have Amputation of nearly all of its provided up to $11m in capital works, which services was followed by the lost 'limbs' are under way at the hospital now. Indeed, it somehow rejuvenating, some stronger was a great pleasure to go there recently to than ever. open the $400,000 level one intensive care Downgrading of the hospital was unit and the upgrade of the emergency started by the Labor Government in the department, to see those departments busy early 1990s and culminated in 1995 when with staff bustling around, to see patients just nine beds were occupied. being treated and to know that if people have serious cardiac problems, major trauma or Despite explanations from the fractures they can now go to their hospital and Government at the time, the decision to be treated. In addition to those capital works, downgrade did not sit well with hospital we provided the hospital with an additional staff and Southside residents." $9m for its recurrent budget—a record The editorial concluded— increase. With that increase, we have been "The Coalition, then in Opposition, able to provide five beds in the ICU, two of pledged to restore QEII to full community which are ventilated. In the first month of hospital status should it win government. operation, that unit has been able to treat 57 It did both." critically ill patients. We are about treating people, not closing down the hospital as did the previous Labor Government. Itinerant Vendors Specialist services that are now available Mr WELLS: I draw the attention of the at the QE II Hospital include ophthalmology, Honourable Minister for Tourism, Small urology, general surgery, orthopaedics, Business and Industry to the numerous gynaecology and gastroenterology. Already, complaints to my office on behalf of small we have appointed 68 additional full-time businesses about the invasion of itinerant food equivalent nurses and 36 full-time equivalent vendors into their local areas. As the Minister doctors. They are staff who can treat people. should be aware, local shopkeepers employ We have reopened a 30-bed medical ward, local people, pay taxes and go to great which is expected to treat 1,500 patients a expense to establish clientele only to face year. The redevelopment of the QE II Hospital competition from itinerant food vendors, such has included increasing the operating theatres as pie vans and snack mobiles, who drive into from four to six, the establishment of a their area every day and poach thousands of preadmission clinic, the upgrade of the dollars worth of business from local rehabilitation treatment area, the upgrade of shopkeepers. I ask: what steps is he taking to 30 Apr 1997 Questions Without Notice 1125 protect the livelihoods of hardworking local Mrs EDMOND: I rise to a point of order. shopkeepers from those itinerant food I wrote to the Minister about an issue and so vendors? far he has not agreed to meet with the people Mr DAVIDSON: The member should be concerned. aware that I cannot get around every day of Mr SPEAKER: Order! Was it a long the week to every suburb and town in letter? There is no point of order. Another Queensland checking up on the activities of point of order? Did you write to the Minister? itinerant or casual food vendors. I would think Mr WELLS: My point of order—— that the honourable member has a Mr SPEAKER: Very, very in-depth stuff responsibility to write to me as the Minister for here today. Small Business and bring those issues to my attention. Mr WELLS: Mr Speaker, this will appeal to your own profundity. Will the Minister look Mr ELDER: Is the Minister aware that into it if we do write to him? Peter Rankin, the Liberal candidate for Kurwongbah, is an itinerant vendor who runs Mr SPEAKER: I call the Minister. Not his pie vans through those suburbs? long to go. Mr DAVIDSON: Obviously, I take note Mr DAVIDSON: I will just ask the of the concerns that the member has raised Minister for Environment to pinch me to make today. I will raise this issue with the Minister for sure that I am awake. I have sat in this House Local Government and Planning, Di for over 14 months and when the Deputy McCauley. I will also bring it to the attention of Leader of the Opposition was Small Business the Queensland Small Business Council spokesperson he never asked me a question. Chairman, Mr Geoff Murphy. I will have the The only question that I have had from the Small Business Council place this issue on the present Opposition spokesperson for Small agenda for the next meeting. As I understand Business is a point of order. I cannot believe from the Premier, Mrs McCauley already has that the present Opposition spokesperson for instituted action and is developing an overview Small Business would rise to a point of order for the Government on these issues. to make reference to the candidate for Kurwongbah. I have been concerned for some time Statewide Land Cover and Trees about the small-business community in Labor Study Party electorates. Recently, I had my staff Mr ELLIOTT: I ask the Minister for check every file in my office to ensure that Natural Resources: can he inform the House they were being represented by Labor Party of the latest results from the Statewide land members. I am constantly receiving letters cover and trees study, especially as it relates from members on this side of the House. I am to vegetation change and greenhouse gas constantly being invited by members on this emissions? side of the House to meetings with small- Mr HOBBS: I thank the honourable business people. I am constantly being member for the question. A group called the reminded by members on this side of the Statewide Land Cover and Tree Study House of the needs of business and small Committee has put together a lot of work on business. On checking my files, I found it vegetation change, vegetation density and unbelievable that in 14 months I had received satellite imagery maps in relation to the about seven or eight letters from Opposition variances in land cover in Queensland. The members, not on behalf of small business but preliminary assessment of vegetation change on a variety of other issues. for 1991-1995 shows the average annual rate I cannot believe, with all the work that we of tree clearing to be 308,000 hectares a year. as a Government have done for small I also make the point that 60% to 70% of that business in establishing The Red Tape land is regrowth. Reduction Task Force, in establishing the The conservation groups make a fair bit of Queensland Small Business Council, in setting the permits that are issued. I make the point up the Queensland Retail Strategy—all the to the Parliament that the issuing of permits initiatives that we have put in place as a does not really indicate at all that any timber is Government—that not one member opposite cleared or is even contemplated to be cleared; bothers to take the time to bring to my it is just that graziers or farmers may intend attention the concerns of small-business some time down the track to do that clearing, people in their electorates. The member who but that certainly does not mean to say that asked the question—— the permits are being used. 1126 Questions Without Notice 30 Apr 1997

Interestingly, the measured trends in We are genuinely making sure that we vegetation thickening indicate that have a professional basis upon which we can greenhouse gas emissions from tree clearing put in place our tree management guidelines. may be in balance with carbon being stored as We want to have sustainable guidelines that a result of woodland thickening in will be able to take Queensland into the next Queensland. People must understand—and century. this is very important—that because of the different types of biodiversity in Queensland, we have enormous regrowth. In fact, there is Native Title Compensation more standing woodland in Queensland today Mr HAMILL: I refer the Treasurer to than there was at the time of white settlement. media reports stating that she as Treasurer The situation in Queensland is not the would not be prepared to pay more than 25% same as the situation down south—and I refer of native title compensation claims, and I ask: to the problems experienced with the Murray- what other aspects of the Prime Minister's 10- Darling system—and it is about time that point plan on native title does she endorse, or members opposite, particularly the shadow does she subscribe to the Premier's Ministers for Environment and Natural discredited one-point plan? Resources, understood that. Mrs SHELDON: I am pleased that The satellite imagery for 1988, 1991 and finally the Opposition has a question for me 1995 will be analysed to detect change in tree about Wik. I am sure that the shadow cover across the entire State. The process will Treasurer would be interested in the amount be repeated in 1997 and 1998. Maps of of compensation that we as a State would vegetation cover change, and summary have to pay if, in fact, State legislation was put statistics categorised by shire, pastoral zone, in place. I have had discussions with the Prime biogeographic zone and province will be Minister on this matter, the last one as late as produced. The accuracy of the computer Friday night. My understanding from that analysis of the satellite imagery will be verified discussion was that the State would have to by ground measurements. The tree pay no more than indeed the compensation management guidelines that we have been that had been proposed earlier, which was the working on for quite a long time will, in fact, Commonwealth Government pay 75% and the come into being fairly soon. Thirty-six groups State pay 25%. In fact, the Premier had have been involved in that work, which indicated to me that it may be less than 25%, includes undertaking a regional assessment of and I raised that particular point with John the guidelines. We are looking to have those Howard. The fact of the matter is that the guidelines in place by mid 1997. State does not have money put aside for compensation. It is unfortunate that the conservation groups have pulled out of the State trees Mr Beattie: Why pay anything? group. They have pulled out on the basis that Mrs SHELDON: Why pay anything? there has been a dilution of the 1995 Because I suppose people who have a legal preliminary policy. I make it quite clear to the claim and a rightful claim have a right to some Parliament and the people of Queensland that compensation. an enormous amount of study and Mr Beattie: The Commonwealth should investigation has been carried out into tree- pay. clearing guidelines in this State. As we go along, we find more information and, on that Mrs SHELDON: It is very interesting to basis, we have to update our guidelines. We note that the Leader of the Opposition is have done an exhaustive study and saying, "Why pay anything?" I wonder if the investigation into this process and we in this Aboriginal groups are listening? They will State will have the best tree management certainly know—— guidelines that will be the envy of the rest of Mr T. B. Sullivan: He didn't say that at Australia. all. I make the point also that Senator Hill is Mrs SHELDON: Yes, he did. He said it visiting Queensland this week to inspect some yesterday, too. He said, "Why should we pay of the tree management programs that we anything?" The fact of the matter is that if the have in place. We are certainly keen to make State legislates, the State will be in the sure that he receives a real perspective of position that the question of compensation will what is happening in Queensland in contrast have to be addressed. I am supporting the to what he has been told by perhaps situation where the States must pay their fair conservation groups or the Opposition. share. As I said quite clearly—— 30 Apr 1997 Gaming Machine Amendment Bill 1127

Mr Hamill: Are you supporting John area of training, which will help to overcome Howard? the enormous lack of culture that this Mrs SHELDON: I said this at a press Government inherited as a result of the conference on Monday night, so there is no commitment of the previous Government. secret of it—that the State should pay no Mr SPEAKER: Order! The time for more than 25%. questions has expired. Mr Hamill: Are you supporting Rob Borbidge? GAMING MACHINE AMENDMENT BILL Mrs SHELDON: I am supporting our State not having to pay any more. The Hon. J. M. SHELDON (Caloundra— member asked the question; he should listen Deputy Premier, Treasurer and Minister for to the answer. I assume that he wants to hear The Arts) (11.31 a.m.), by leave, without it and that he is not like his leader and playing notice: I move— politics for the sake of playing politics and not "That leave be granted to bring in a looking after the interests of the people of Bill for an Act to amend the Gaming Queensland, whoever they might be. Machine Act 1991." The fact of the matter is that we as a Motion agreed to. State cannot afford to pay compensation; but if it is State legislation, there will be an onus obviously on us to look after equality for the First Reading Aboriginal people in this State. Bill and Explanatory Notes presented and Mr Beattie: You're avoiding the Bill, on motion of Mrs Sheldon, read a first question and you know it. time. Mrs SHELDON: Why does the Leader of the Opposition not listen? He asked the Second Reading question, and the question was about compensation. Hon. J. M. SHELDON (Caloundra— Deputy Premier, Treasurer and Minister for Mr Hamill: I asked the question. The Arts) (11.32 a.m.): I move— Mrs SHELDON: I know the member "That the Bill be now read a second did. However, the Leader of the Opposition is time." now asking one. I will answer this question as I see fit. We must be fair to all people in this This Bill will amend the Gaming Machine State—the pastoralists, the industrialists, the Act 1991. The Act is the primary legislative miners, the developers, the people who have measure regulating the operation of gaming ordinary leases and the Aboriginal community. machines in Queensland clubs and hotels. If compensation has to be paid, we as a State The Act has undergone minor amendments in must pay our fair share. That should be no 1993 and 1995, but has largely been more than 25%. unchanged since its commencement in 1991. However, a review of the Act in the light of experience and changing times has resulted in Training various amendments being proposed to Mr BAUMANN: I ask the Minister for enhance the operational arrangements for Training and Industrial Relations, if the time will machine gaming in Queensland. allow, to inform the House of a recent Due to the wide-ranging and fundamental Government initiative which will ensure that nature of the proposed changes, as well as small business becomes more involved in industry agreement on the timetable for their training. implementation, the Bill only deals with the Mr SANTORO: The honourable amendments required to be operational by 1 member asked an extremely interesting July 1997 and involves changes to ownership question which deserves a far more and possession of machines, the provision of comprehensive answer than what I am able to licensed commercial operators and approved give to the House today. However, I wish to financiers, and a taxation structure based on assure the House that as soon as I have an metered site win. A second Bill dealing with opportunity to amplify the matter raised in the other issues, including changes to the question—perhaps tomorrow—I would like to licensing requirements, the electronic bring to the attention of the House the many monitoring of gaming machines and a range initiatives that this Government has taken in of administrative matters will be introduced in relation to small business, particularly in the the second half of calendar 1997. 1128 Gaming Machine Amendment Bill 30 Apr 1997

The Bill is the result of a two-year review The Bill provides for the Government to of the regulatory arrangements for gaming withdraw from ownership of gaming machines machines in Queensland clubs and hotels. and to allow licensed sites, licensed The review followed the successful introduction commercial operators and prescribed of machines into Queensland in February financiers to own machines. Ultimately, this will 1992. A partial measure of this success has allow licensed sites to select the brands of been the overwhelming acceptance of gaming machines and games of their choice. By machines into Queensland and the providing for the introduction of prescribed transformation of the clubs and, to a lesser financiers to supply finance and licensed extent, the hotel industries in the period since commercial operators to provide machines then. As at 31 March 1997, there were over and monitoring services to the industry, as well 21,000 gaming machines in over 1,100 sites. as additional services such as management, marketing and analysis, licensees will have While the current regulatory regime has access to a range of ownership options that served a new and relatively mature industry will best suit their individual needs. well and has ensured that it meets the highest standards of integrity, it is timely that the To ensure the continued integrity of the regulatory structure be reviewed to strategically industry, commercial operators wishing to position the industry to meet the future participate in the Queensland market will be demands and expectations that will be placed licensed under current strict licensing on it. The review has included extensive procedures and all purchasing arrangements consultation with all parts of the industry and entered into by the industry will require the Bill proposes a new model for the approval by the Queensland Office of Gaming regulation of machine gaming in Queensland. Regulation prior to purchase. It also provides It is a Bill based on the needs of a mature, the Queensland Office of Gaming Regulation highly competitive industry, particularly its with a clearer regulatory focus, enabling it to needs to be flexible and responsive to the perform its functions without the conflicting role increasingly sophisticated requirements of the of engaging in commercial activities. gaming industry. Critically, though, it does not The Bill also deals with the taxation compromise the very high standards with structure, which was another key issue regards to probity and integrity achieved in the identified by the review. The present method Queensland industry. of calculating tax as a flat 3% plus levies of Under existing legislation, the ownership site turnover is a simple, effective and easily of gaming machines, other than by the controlled method which ensures that the Government, excluding casinos, is illegal. This Government receives its full entitlements. strict regulation of the industry was originally However, due to the constantly changing required to ensure the integrity of gaming. nature of new technology in gaming Under this system, however, sites have no machines, many new innovations such as choice regarding the brand of machine or linked jackpot systems and multi-bet games game supplied to them. As the popularity of that require increased player returns run the brands of machines and games varies widely, risk of failure in the marketplace under the a key issue identified by all major industry current taxation structure. Also, under a participants was this absence of choice. turnover-based system, a licensed site could Further, as the rental fees charged by the lose money in any given assessment period Government to licensees were calculated over because of a large jackpot payout. Irrespective a five-year life cycle and the average age of of the win or loss for the period, the full machines is currently approximately 2.5 years, turnover tax assessed is payable, which may together with the rising cost of new gaming impose cash flow difficulties in these technology, the ability of the Government to circumstances. maintain supply of the most modern and The Bill allows for a shift from a flat popular gaming technology to the industry has taxation based on turnover to a progressive declined. tax scale based on the metered win, or loss, of the site. In amendments to the gaming Furthermore, the Government is placed in machine regulation which have already been a position of potential conflict through being a implemented and commenced as of 1 March participant in the industry as a direct purchaser 1997, the actual level of tax paid by licensed and owner of machines and also maintaining clubs has been reduced from 4% of a regulatory role. This has been especially turnover—plus community benefit levy over brought to note in both the National $500,000—for clubs to 2% on the first Competition Policy and the Commission of $66,666 of turnover and 4% on all turnover Audit. over this amount—plus the community benefit 30 Apr 1997 Superannuation and Other Legislation Amendment Bill 1129 levy. For hotels, tax has been reduced from portion of superannuation benefits of corrupt 10%—including all levies—of turnover to 7.5%. public officials. The progressive taxation rates based on the Currently the provision of superannuation metered win of the site and provided for in the benefits for Queensland State Public Sector gaming machine regulation incorporate these employees is through the State Public Sector tax reductions which means that sites will (Q Super), Gosuper, State Service, Police and continue to benefit from the reduction in the the Fires Superannuation Schemes. The five effective tax rate under the proposed change schemes contain different benefit designs and to a metered win based structure. Additionally, are administered through separate Acts, funds the metered win based tax allows for an and trustee boards. increased player return, as the site only pays tax on profit. The corresponding advantages The Bill amends the Superannuation of new innovations, as previously mentioned, (State Public Sector) Act 1990—which is the can also be introduced without the risk of Q Super legislation—and the Fire and Rescue failure due to poor player returns. Authority Act 1990 to provide for the merger of the five funds and the trustee boards of such The Bill is a necessary result of the review funds. As all operative provisions covering the of the Gaming Machine Act's operation since schemes of the merged funds will be its inception in 1991. It has been developed in contained under the Superannuation (State full and open consultation with industry Public Sector) Act 1990, the Bill also repeals participants and agreement with these those superannuation Acts which will be participants has been achieved. I commend redundant following the merger. the Bill to the House. The Commonwealth Government has Debate, on motion of Mr Hamill, provided for superannuation funds to merge adjourned. without incurring a capital gains tax liability where the merger occurs by 30 June 1997. SUPERANNUATION AND OTHER The merger is being pursued to— LEGISLATION AMENDMENT BILL simplify the operating structure of the trustee boards; Hon. J. M. SHELDON (Caloundra— Deputy Premier, Treasurer and Minister for permit the most efficient taxation The Arts) (11.40 a.m.), by leave, without arrangements, allowing members to notice: I move— transfer between the funds without incurring capital gains tax; and "That leave be granted to bring in a Bill for an Act to amend or repeal certain access administration cost savings Acts establishing superannuation through the rationalisation of schemes, to provide for the administration processes such as the amalgamation of the schemes, and for preparation of financial statements and other purposes." taxation returns. Motion agreed to. The merger will not alter any member's benefits, with members of the separate schemes having their benefits specified under First Reading different categories of the deed of the State Bill and Explanatory Notes presented and Public Sector Superannuation Scheme. The Bill, on motion of Mrs Sheldon, read a first merger has the support of the trustee boards time. of the various schemes which include representatives of employees. A single board will oversee the scheme and the board Second Reading membership has been expanded from 8 Hon. J. M. SHELDON (Caloundra— persons to 10 to cater for additional employee Deputy Premier, Treasurer and Minister for and employer representatives. The Arts) (11.41 a.m.): I move— In addition, the Bill amends the Public "That the Bill be now read a second Officers' Superannuation Benefits Recovery time." Act 1988. This Act permits recovery of the Crown financed portion of superannuation The purpose of the Bill is to amend benefits where a person has been convicted superannuation legislation to merge the major of an offence involving the corruption of their superannuation funds catering for public office. A number of deficiencies have been sector employees, and also strengthen the identified in the Recovery Act and its operation provisions for the recovery of the employer with other superannuation legislation, including 1130 Queensland Competition Authority Bill 30 Apr 1997 the inability to access preserved Act 1959 (Commonwealth) to carry on banking superannuation benefits. The amendments business in Australia. As a result of the contained in this Bill will address these acquisition of BNZ by NAB, BNZ is required by inadequacies without changing the thrust of the Reserve Bank to surrender its authority the legislation in any way. and, as such, it is necessary to transfer the The Bill also makes consequential Australian undertaking of BNZ to NAB. amendments to the Building and Construction NAB has requested assistance from all Industry (Portable Long Service Leave) Act Australian jurisdictions to pass complementary 1991, as a result of the introduction of the legislation to facilitate the transfer of specific Queensland Workplace Relations Act 1997 assets and liabilities within each State and and the Commonwealth Workplace Relations Territory. The aim of the Bill is to transfer BNZ's Act 1996. Australian undertaking to NAB. The transfer The amendments commence from 27 could be achieved without legislation. March 1997 and prescribe the correct However, such legislation overcomes the need provisions under the Queensland Workplace for identification and transfer of individual Relations Act 1997 and facilitate the assets on an item by item basis. In addition, recognition for membership of employees legislation achieves continuity in customer working under Queensland and Australian relationships, as well as providing protection workplace agreements. I commend the Bill to for persons dealing with either bank in respect the House. of transferred assets and liabilities. Debate, on motion of Mr Hamill, Further, the Bill will exempt the transfer adjourned. transaction from State stamp duty which would normally be payable, on the condition that a lump sum in lieu of the duty is paid to the BANK OF NEW ZEALAND (TRANSFER Consolidated Fund by NAB. The amount of OF UNDERTAKING) BILL that payment will be determined by the Governor in Council, on my advice. The Office Hon. J. M. SHELDON (Caloundra— of State Revenue currently is in the process of Deputy Premier, Treasurer and Minister for finalising a figure for the payment, in The Arts) (11.45 a.m.), by leave, without consultation with NAB. notice: I move— The State's policy in the past has been to "That leave be granted to bring in a assist merging banks by enacting transfer Bill for an Act to provide for the transfer of legislation, most recently demonstrated by the the undertaking of Bank of New Zealand Challenge Bank (Transfer of Undertaking) Act to National Australia Bank Limited, and for 1996 and the Bank Merger (BankSA and related purposes." Advance Bank) Act 1996. The approach Motion agreed to. contemplated by the Bill accords with previous bank merger legislation in Queensland, and is consistent with complementary legislation in First Reading other Australian jurisdictions. NAB has Bill and Explanatory Notes presented and requested that the legislation be operative by Bill, on motion of Mrs Sheldon, read a first the earliest possible date in order to enable a time. coordinated transfer of undertakings across all jurisdictions. I commend the Bill to the House. Second Reading Debate, on motion of Mr Hamill, adjourned. Hon. J. M. SHELDON (Caloundra— Deputy Premier, Treasurer and Minister for The Arts) (11.46 a.m.): I move— QUEENSLAND COMPETITION "That the Bill be now read a second AUTHORITY BILL time." Hon. J. M. SHELDON (Caloundra— Deputy Premier, Treasurer and Minister for In February 1993, Bank of New Zealand, a New Zealand company, became a wholly The Arts) (11.48 a.m.), by leave, without owned subsidiary of National Australia Bank. notice: I move— Part of BNZ's business is a banking business "That leave be granted to bring in a in Australia, which operates with relative Bill for an Act to establish the Queensland autonomy as a division of BNZ, under the Competition Authority, give it powers and name of BNZ Australia. BNZ has an authority functions about pricing practices relating as a licensed foreign bank under the Banking to government monopoly business 30 Apr 1997 Queensland Competition Authority Bill 1131

activities, competitive neutrality and responsible manner. NCP is not about access to services, and for other competition for competition's sake. It is about purposes." introducing worthwhile competitive Motion agreed to. arrangements where the social as well as economic and financial benefits outweigh the Mr DEPUTY SPEAKER (Mr Laming) read costs. In this respect, the Bill does not contain a message from Her Excellency the Governor mechanisms to reduce the delivery of recommending the necessary appropriation. community service obligations, nor does it force Government businesses to abandon the First Reading provision of these services. The Bill does contain specific requirements that public Bill and Explanatory Notes presented and interest tests be conducted before reforms are Bill, on motion of Mrs Sheldon, read a first implemented. time. This Government is committed to implementing NCP in a manner which benefits Second Reading the community, that is, the State of Hon. J. M. SHELDON (Caloundra— Queensland. There must be clear, Deputy Premier, Treasurer and Minister for demonstrable benefits to the community The Arts) (11.49 a.m.): I move— before consideration will be given to implementing reforms. The impact of reform "That the Bill be now read a second on Queensland and on Queenslanders is time." most appropriately assessed under a State- The purpose of this Bill is to implement based regime. Without a State-based regime competition policy related initiatives consistent to take account of State-based issues, the with the Government's broader policy agenda, Commonwealth regime prevails and this risks including social and equity considerations, the interests of Queensland being environmental objectives and the continued subordinated to the national interest. This delivery of community service obligations. alone is reason enough for all members of this This legislation establishes an House to support this Bill. independent body, the Queensland As mentioned earlier, the Bill comprises Competition Authority (QCA), to undertake three components—prices oversight of prices oversight of Government monopoly monopoly or near monopoly Government business activities, administer a State-based business activities, a complaints mechanism third-party access regime and provide a for alleged breaches of competitive neutrality competitive neutrality complaints mechanism. and a third-party access regime. Government The QCA is to comprise at least three business activities with monopoly powers are members and a secretariat staffed with high- in a position to charge prices which are quality people who have the right balance of excessive. Accordingly, it is important that experience and technical skills. It is intended there is a mechanism to ensure independent that the membership of the QCA will comprise oversight of the prices charged by these individuals with an outstanding record of organisations to ensure they do not abuse success in both the private and the public their monopoly powers. The prices oversight sectors. This Government is committed to component of the Bill provides for the QCA to adequately resource the QCA to enable it to oversee the prices charged by monopoly or produce high quality results. near monopoly Government business activities. As honourable members are aware, The second component of the Bill deals Queensland is a fully participating jurisdiction with a competitive neutrality complaints of the National Competition Policy. This mechanism. Government business activities— package of reforms was agreed between all States and Territories and the Commonwealth be they undertaken by Government through the Council of Australian departments, GOCs or other statutory Governments in 1995 and significant benefits authorities—compete with private sector are attached to its implementation. businesses in a variety of markets. Competition of this nature will increase as At the same time it is important to Government continues to implement reforms recognise that the NCP is a political such as corporatisation and commercialisation. agreement between sovereign Governments Competitors of such Government businesses and the agreement provides legitimate must, however, be able to seek redress if they mechanisms for States and Territories to believe they are competing at a disadvantage. implement the NCP in a flexible and Accordingly, the Bill provides for an 1132 Land Sales and Land Title Amendment Bill 30 Apr 1997 independent mechanism which allows The drafting of this Bill has involved an competitors of Government businesses to unprecedented level of consultation with lodge a complaint where they believe that the stakeholders and community groups. For Government business enjoys a competitive example, particular care has been paid to the advantage by virtue of its ownership. need for streamlined processes and The third component of the Bill comprises mechanisms to increase investment certainty a State third-party access regime. This regime in the access regime. Ultimately, the reforms is to apply exclusively to public infrastructure, which will occur as a result of this Bill facilitate although subsequently it may also apply to significant growth in the economy, providing selected private infrastructure after due more jobs and higher living standards for Queenslanders. However, the fulfilment of the consultation with affected owners. Third-party Government's social objectives will not be access involves a two-step process. The first compromised. Indeed, one of the prime step ensures that the infrastructure to which motivations for State legislation, instead of another person seeks to gain access is of a relying upon the equivalent Commonwealth special category, which broadly can be regime, is to ensure that the interests of classified as a natural monopoly. This step in Queenslanders are fully considered in the process is extremely important because if assessing the need for competition policy access is applied too widely, it has the reform. It is only through the establishment of potential to adversely affect future investment State-based arrangements that the in this State. A second step involves Queensland Government can ensure that the compulsory dispute resolution through either a competition-related reforms are implemented private arbiter, or by the QCA if the parties in a manner consistent with this State's best cannot agree on the appointment of a private interests. Moreover, the reforms should not be arbiter. The third-party access regime has seen as a catalyst to privatisation. Nothing in been designed to maximise certainty for all the Bill compels any privatisation of parties and to streamline the process to the Government functions. Accordingly, the Bill maximum extent possible. should not be viewed as one which threatens This Government is not interested in to dismantle any part of the public sector in reform or NCP for its own sake. This this State. It will, however, promote greater Government is interested in protecting commercial accountability in major State consumers and users of affected services and Government business undertakings and will providing an avenue for aggrieved parties to facilitate fairer competition between complain against unfair competition. Government businesses and the private sector. Achievement of these outcomes is facilitated by the QCA in dealing with prices oversight, It is in Queensland's interests that the third-party access and competitive neutrality QCA be established and that it undertake the complaints. The Bill provides for open and important functions as specified in the Bill. I accountable processes. Of course, it also commend the Bill to the House. recognises and accommodates instances Debate, on motion of Mr Hamill, where information is commercially sensitive adjourned. and its disclosure could be prejudicial to the commercial interests of the disclosing LAND SALES AND LAND TITLE enterprise. AMENDMENT BILL One of the QCA's major functions is to Hon. D. E. BEANLAND (Indooroopilly— give advice to the responsible Ministers—that Attorney-General and Minister for Justice) is, the Premier and Treasurer—on the criteria (11.56 a.m.), by leave, without notice: I to be used by them for deciding whether a move— particular business activity carried on by a "That leave be granted to bring in a Government agency should be declared and Bill for an Act to amend the Land Sales brought under the authority's jurisdiction. In Act 1984 and the Land Title Act 1994, this regard, the regime promotes an open and and for other purposes." consultative approach which also encourages Motion agreed to. certainty. In relation to prices oversight, for example, the authority will produce guidelines on what constitutes a Government monopoly First Reading business activity, with all stakeholders to be Bill and Explanatory Notes presented and consulted and given every opportunity to Bill, on motion of Mr Beanland, read a first comment and provide input. time. 30 Apr 1997 Land Sales and Land Title Amendment Bill 1133

Second Reading local government or the local government has Hon. D. E. BEANLAND (Indooroopilly— bonded the developer. The Act also provides Attorney-General and Minister for Justice) that, if the final size and topography of the (11.57 a.m.): I move— allotment differ from that originally contracted for by the purchaser, the purchaser may avoid "That the Bill be now read a second the contract if he or she is materially time." prejudiced by the difference. In these cases Over a number of years, the real estate the purchaser will receive a refund of deposit and property development industries have moneys which have been held in trust. approached the Government expressing There is no compelling reason in principle concern over inadequacies in the existing to limit the sale of land prior to registration to legislation relating to the restrictions on selling the point where the subdivision plan has been land prior to registration. Currently pre- sealed, provided that certainty of identification registration restrictions do not apply to building of the land purchased is assured. The units in Queensland and do not apply to land amendments proposed by the Bill will not in any other Australian State or Territory infringe the original policy objectives of the except Victoria. Developers consider that their Land Sales Act 1984 of minimising as far as inability to sell land prior to registration is possible the deliberate or inadvertent hindering growth and development in that misdescription of land and of providing readily sector. By contrast, the provision which already available remedies to consumers who are exists to sell building units and group titles off nevertheless adversely affected. the plan prior to registration confers an unfair commercial advantage on developers in that The broad purpose of this Bill is to amend sector. the Land Sales Act 1984 to remove the constraints on the selling of all freehold and Extensive consultation followed the leasehold land prior to registration to allow circulation of a discussion paper on this land to be sold once a subdivision has been subject in July 1996 and the release of a draft approved and engineering drawings prepared Bill in early 1997. Submissions were received and, in doing so, to provide enhanced from industry groups, developers, surveyors and engineers, local governments, consumer protection measures. consumers, financiers, Queensland Turning to the specific provisions of the Government departments and the legal Bill, honourable members will note that this Bill profession. The Bill includes many of the has a number of elements, the chief of which proposals contained in the discussion paper is that sales of land—which are termed and many further refinements to the original "proposed allotments"—prior to registration will proposal which arose after submissions were be permitted at the stage at which a received. There was extensive consultation on subdivision is approved and engineering the technical aspects of the Bill with industry drawings are prepared. groups and the professional surveyors. The Bill contains provisions, including the I am pleased to report that the Bill has supply of a disclosure statement and received broad support from the commercial disclosure plan to a purchaser to ensure that a interests affected. Industry groups are very proposed allotment, when transferred to the strongly supportive of the proposal embodied purchaser, is substantially identical to that in the Bill and believe that this reform is long which was originally purchased. The purchaser overdue. In particular, they consider that also has the opportunity at this stage to selling land prior to registration will open up the inspect the allotment as pegged by a licensed market in times of rising demand, with the surveyor. If the allotment is not substantially consequence that costs will be contained identical, but there is a significant variation more readily. They also consider that the between the disclosure plan and either the ability to sell land at an earlier stage will make plan showing the constructed works or the it easier for developers to secure finance, a plan proposed to be registered—both view with which the finance industry concurs. prepared by a licensed surveyor—the The existing provisions of the Land Sales purchaser will have an automatic right to avoid Act 1984 place restrictions on selling land the contract of sale. before a plan of subdivision is approved and A significant variation is defined in the Bill then later sealed by the local government. By as a variation of 1% between the linear this stage, the allotments are readily dimensions on the disclosure plan and the identifiable and either the developer has approved plan of survey, or 2% between the completed the work necessary for the purpose areas shown on the disclosure plan and the of the subdivision to the satisfaction of the approved plan of survey or a difference of 500 1134 Townsville Breakwater Entertainment Centre Amendment Bill 30 Apr 1997 millimetres in contour intervals between the providing for consumer protection measures in disclosure plan and the plan showing the the Bill, the enforcement measures are constructed works. The definition of "significant correspondingly adequate. For the same variation" has been the subject of extensive reason, the Bill includes provisions whereby if consultation with industry groups and a body corporate commits an offence against surveyors. I am confident that these the Act, each director of the body corporate tolerances are achievable by developers and will be taken to have committed the offence. still protective of consumers. The passage of this Bill will provide Where the allotments are substantially Queensland's property development market identical, developers and purchasers will be with an opportunity to thrive, and offer able to enforce their contracts against each Queensland's home buyers greatly enhanced other at all times to allow commercial certainty opportunities for affordable housing in to developers and financiers. The Bill provides developing areas. This Bill establishes a that deposit moneys should continue to be regime whereby property development in retained in trust accounts, but a new measure Queensland will be significantly accelerated is that deposits are not to exceed 10% of the within an effective consumer protective purchase price. framework, which provides non-litigious The Bill inserts an objects clause in the remedies at no cost to any adversely affected Act which specifies that the objects of the Act consumers. I commend the Bill to the House. are to be achieved without imposing any Debate, on motion of Mr Foley, additional obligations on local governments as adjourned. a result of these amendments. Effectively, therefore, there will be no additional certification requirements imposed by the Bill TOWNSVILLE BREAKWATER on local governments and there should be no ENTERTAINMENT CENTRE increased financial or administrative burden on AMENDMENT BILL local governments as a result. Hon. T. J. G. GILMORE (Tablelands— If there is a delay of more than 18 months Minister for Mines and Energy) (12.05 p.m.), between the date of the contract and the date by leave, without notice: I move— of transfer for a proposed allotment, the "That leave be granted to bring in a purchaser will have a right under the Act to Bill for an Act to amend the Townsville avoid the contract. This period replaces the Breakwater Entertainment Centre Act present period of nine months. If there is a 1991." delay of more than 42 months between the date of the contract and the date of transfer Motion agreed to. for a proposed lot, the purchaser will have a right under the Act to avoid the contract. This First Reading period replaces the present period of 36 months. I am confident that experience has Bill and Explanatory Notes presented and shown that this extended period should be Bill, on motion of Mr Gilmore, read a first time. sufficient to cover all contingencies that may arise. At the same time, the ministerial Second Reading discretions to extend the periods of automatic avoidance will be removed as the existence of Hon. T. J. G. GILMORE (Tablelands— such provisions has, to some extent, resulted Minister for Mines and Energy) (12.06 p.m.): I in an element of uncertainty in the time frame move— which is not a commercially desirable feature "That the Bill be now read a second in legislation of this type. time." Finally, the Bill provides for increased Today I am pleased to introduce the penalties for breaches of the Act in order to Townsville Breakwater Entertainment Centre provide a more realistic deterrent and to bring Amendment Bill 1997. The original Act was the applicable penalties into line with those introduced in 1991 to provide the legal under the Fair Trading Act 1989. Clearly, authority for the Townsville and Thuringowa consumers must not be prejudiced by the City Councils to participate in a joint venture removal of restrictions on selling land prior to with the Breakwater Trust to establish and registration. The purchasers likely to be most operate the entertainment centre. Among affected by these amendments are first home other things, the Act also detailed the buyers who represent a relatively vulnerable contributions of the State and the local class of consumers. It is important that, in governments, and limited the liability of the 30 Apr 1997 Body Corporate and Community Management Bill 1135 local governments to their interests in the areas. Acoustics will be improved and centre. additional conference and meeting equipment The Act provided for the surrender and and catering equipment will be available to the grant of land to the joint venturers according to users of the centre. Generally, the overall their respective capital contributions and standard of finish for the entertainment centre provided for the appropriate zoning of the site. will be raised. Schedule 1 to the Act comprises the original The social benefits for the people of agreement between the parties to participate Townsville and surrounding areas will be in the joint venture, the management significant. The Townsville Suns have an agreement and the agreement for the original enthusiastic local following and games are development to be carried out. supported by sell-out crowds. The centre also Initial funding constraints caused the size provides a venue for local activities such as and scope of the proposal to be less than exhibitions and expos, as well as a variety of originally planned. Since the original imported sporting and entertainment events. construction of the centre, its potential has The upgrade of the centre should also been hampered by insufficient seating increase Townsville's market share of sporting capacity for basketball games, major concerts and other entertainment events and and other entertainment events which are strengthen the national and international consistently sold out. Without an increase in position of Queensland venues in the the seating capacity, the Townsville Suns are convention facilities industry. at risk of losing their National Basketball Conventions and meetings will provide League franchise, as the NBL requires a opportunities to promote this area of seating capacity of at least 5,000 at the home Queensland to delegates, who may return to base of each member team. In addition, while Townsville as tourists or may recognise or Townsville has had considerable success in identify potential business and employment attracting conventions, the centre suffers a opportunities. Visits by convention delegates competitive disadvantage because of poor should also provide economic benefits to the finish and lack of specialised equipment. local business community and the area On 16 December 1996, Cabinet approved generally through the spending potential of capital works funding to upgrade the delegates. Holding conventions in periods entertainment centre. The work is to be when business activity is generally slow will funded through the Departments of the also help to level out the region's economic Premier and Cabinet and Treasury by way of activity. special purpose capital grants totalling $11.5m The original legislation was generally well to Townsville and Thuringowa City Councils in received when it was introduced in 1991. We the same proportions as the original grants. hope to receive similar support for this The Townsville Breakwater Entertainment amendment Bill so that the upgrading of the Centre Amendment Bill will take care of the centre can proceed without delay. I commend formalities necessary to allow the funds to be the Bill to the House. made available and work to proceed on the Debate, on motion of Mr Mackenroth, upgrading of the centre. The amendments will adjourned. allow for the adjustment of the interests of the joint venturers in the land on which the BODY CORPORATE AND COMMUNITY entertainment centre is situated, which is MANAGEMENT BILL necessary as a consequence of the additional grants. The Bill also incorporates the form of Hon. H. W. T. HOBBS (Warrego— an agreement between the parties which Minister for Natural Resources) (12.10 p.m.), varies their original agreement as to shares in by leave, without notice: I move— the land and in profits and losses. "That leave be granted to bring in a The upgrade will provide seating capacity Bill for an Act providing for the for an additional 1,100 spectators, which will establishment and administration of satisfy the NBL requirements. The facilities for community titles schemes, and for other basketball games, major concerts and purposes." entertainment events will be upgraded and Motion agreed to. toilet facilities, fire exits, and airconditioning will be improved to cater for the larger audiences. The appeal of the convention and meeting First Reading facilities will be increased by providing Bill and Explanatory Notes presented and upholstered seating and carpeting in more Bill, on motion of Mr Hobbs, read a first time. 1136 Body Corporate and Community Management Bill 30 Apr 1997

Second Reading defeat the purpose of Government even trying Hon. H. W. T. HOBBS (Warrego— to legislate to provide security to those who Minister for Natural Resources) (12.11 p.m.): I choose to live, work or invest in the very move— different types of developments that are available through this lifestyle concept. "That the Bill be now read a second time." The first module, being the standard module, will provide for significantly regulated It is with a great sense of moral and management processes and is designed to professional obligation that I present the Body accommodate predominantly owner-occupied Corporate and Community Management Bill to buildings. It may also include developments the House. This legislation, which replaces the which are a mix of permanent residential and present Building Units and Group Titles Act, holiday letting. The second is the has been a long time coming. There are well accommodation module, which sets up in excess of 220,000 property owners affected management processes that are less by this legislation, so clearly it is of great regulated than the management processes relevance to a significant proportion of the under the standard module. This module is Queensland population. intended for schemes that are used Before addressing the principles of the predominantly as holiday letting or serviced Bill, it is appropriate to recap briefly the history apartment operations with the need for behind this legislative response. An attempt accommodation management. It may also be was made by Labor to draft a new Act to suitable for certain hotel or resort projects replace the Building Units and Group Titles Act where the majority of owners are investors. of 1980—or BUGTA, as it became known. This The third module deals with commercial commenced in 1991 with a Green Paper. It projects and is intended for non-residential finished with the unceremonious dumping of developments, although some mixed-use the ill-fated BUGTA 1994 legislation, which projects may be placed under it. I would like to was the subject of strong industry and stress that this will only be where any community criticism for its impracticality and residential component is not significant. inflexible response to very diverse concerns. Compared with the standard and The new body corporate and community accommodation modules, the management management legislation is by no means more processes are further deregulated. of the same. It is genuine reform involving— The fourth module intended for this phase innovative management arrangements; of the project is for small schemes. It will only flexible development mechanisms; be available for community title schemes much-improved dispute resolution; and which have six or less lots. It sets up very deregulated management processes which consumer protection mechanisms. encourage the owners to self-manage. There Its primary objective is to provide for flexible is no body corporate committee, and decisions arrangements for the application of a are made by the owners meeting informally. I community living concept on freehold land. cannot make the point strongly enough that The Act also needs to accommodate while owner occupiers, investment owners and emerging trends in community titling. The resident managers are all unit owners, their keystone is the establishment of a flexible needs and aspirations for their investment can framework—a framework which be very different. It is crucial to have a accommodates different types of development balanced response to cater for all these which have differing requirements. The primary concerns. It is here where the most strident means of achieving this flexibility is through a debate has resided and continues, in some legislative structure that comprises an umbrella instances, to reside. Act supported by separate regulatory modules People who have been involved in the that are tailor made for specific types of development of this legislation know that I development. It is intended that the legislation have not bowed to pressure to destroy this will commence with four modules in place. This balance merely because it would be politically structure has been formulated because the expedient to do so. The formulation of this Bill community told us that they were adamant involved some hard decisions. Hard decisions about the need for this flexibility. To repeat the made by any Government are often mistake of 1994 and formulate an Act which misconstrued as misappropriated favouritism. could not separate a law governing 500-room We only need to think of the present Wik resorts from that pertaining to a "six-pack" or deliberations or last year's gun law reform to duplex apartment would be useless. It would illustrate this. I can assure you that my 30 Apr 1997 Body Corporate and Community Management Bill 1137 personal commitment to this Act and the This provision will not affect agreements which extraordinary efforts of my departmental staff were clearly on foot prior to 24 October 1994. could simply not have been sustained if mere Similarly, in circumstances where a body favouritism had propelled our reason to stick corporate has taken action to validate an by this Bill. existing agreement by passing an empowering Notwithstanding the extensive by-law, these agreements will not be affected consultation process undertaken in developing by the term limitation provision. This date was the Bill and regulations, I am mindful that, for well known to the community following BUGTA a number of issues, it is impossible to 1994, and to choose an alternative date would reconcile all of the interests of all the parties have had the effect of creating unwarranted involved. However, I firmly believe that the Bill instability. represents a balanced package for those The second retrospective provision relates people who want—who need—a legislative to the High Court's 4 May 1994 decision in the response. The broad policy intent of the Surfers Palms North case, which found that a legislation is indicated in its secondary body corporate does not have the power to objectives, namely— enter into a letting agreement under the balancing the rights of individuals with the existing BUGTA legislation. The Body responsibility for self-management; Corporate and Community Management Bill provides that a body corporate is taken to promoting economic development by have the power to enter into a letting establishing sufficiently flexible agreement from 4 May 1994. Agreements administrative and management entered into prior to this date will not be arrangements; validated by the legislation. This date, too, was providing a legislative framework which similarly well recognised. It has been retained accommodates future trends in so as not to affect existing rights conferred as community titling; a result of the High Court's decision. ensuring that bodies corporate have This is one of the most complex pieces of control of the common property and real legislation that this Government has yet assets that they are responsible for presented to the House. It is also recognised managing on behalf of owners; nationally and internationally as a "first". Other providing bodies corporate with a level of Governments are keenly interested in flexibility in their operations and dealings Queensland's response to those issues that to accommodate changing circumstances they have simply been unable to tackle with within community title schemes; their incumbent laws. The community living concept is a rapidly developing lifestyle option providing an appropriate level of and industry. With this growth has come an consumer protection for those living or urgent need for Government to act—to serve intending to live in community title the needs of the ever-increasing number of schemes; Queenslanders who have chosen this life or improving accessibility to information line of work. about community title matters; and Over the last 15 months my department providing an efficient and effective dispute has worked incredibly hard alongside the resolution process. community and industry to get legislation up While the Government generally resists and running at last. It is now up to the introducing retrospective legislation, in the members opposite to respond constructively to case of two provisions in the Body Corporate the needs of the community and let us act. and Community Management Bill there are The Government has put before the House an very strong reasons why they are included. advanced, well-balanced, community-driven The first deals with term limitation provisions Act which will help provide more security and applying to the body corporate management certainty to the lives of those Queenslanders agreements, letting authorisations and service who have chosen to invest in this lifestyle. contracts. The maximum terms which are to Failing to deliver this legislation will create apply, the details of which are set out in the tenure and lifestyle uncertainty—and God various regulatory modules, will be knows we do not need any more of that. retrospective to 24 October 1994. For It may go without saying that I have great example, for agreements regulated by the faith in this legislation. However, we are standard module, a 10-year maximum term politicians first and foremost, not day-to-day applies to all letting authorisations and service practitioners of an Act of this magnitude. For contracts entered into from 24 October 1994. this reason, a Minister, a Government or 1138 Natural Resources Legislation Amendment Bill 30 Apr 1997

Parliament cannot be as arrogant as to Second Reading assume that an entire, complex legislative Hon. H. W. T. HOBBS (Warrego— package can translate from the black and Minister for Natural Resources) (12.23 p.m.): I white of a Bill into applied reality without some move— room to move. Inconsistencies between the intent and application of the objectives will be "That the Bill be now read a second addressed as part of a proposed assessment time." intended to be undertaken at the end of 12 months following commencement. In introducing this Bill to the House, I Commencement is the key. would point out that the Bill makes amendments to three Acts in the natural It is beyond doubt that this legislation will resources portfolio: the Land Act 1994, the pave the way for significant economic Valuation of Land Act 1944 and the development in the State while also providing more certainty for present and potential Water Resources Act 1989. The amendments owners—be it the investment owner or owner address a number of important policy and occupier. It enables flexible development and administrative changes to these Acts. The management arrangements which, in amendments cover a number of diverse conjunction with much-improved consumer issues, so I will briefly describe the major protection provisions, provide a legislative changes. package far superior and far more A number of lessees of former miners' representative than anything else in Australia. homesteads tenures, particularly in Mount Isa, I would like to express my gratitude to the missed the deadline to freehold their leases at hardworking and professional departmental the 1980 valuation. People had the staff who worked extremely hard to get to this opportunity to freehold but for various reasons stage. Rob Freeman, Paul Bidwell, Loren did not do so. I am aware that many have Leader, the instructing officer, Bevan Bailey, expressed concerns regarding the adverse Col Young and the support staff behind these effect on lessees who missed the deadline. people have been inspirational in their This Bill provides a further opportunity for dedication. My special thanks also goes to Mr these lessees to apply for freehold under the Gary Bugden, who developed the conceptual previous terms and conditions, and extends approach to the Bill's structure, laboured long the deadline for applications to 31 January and hard beside my staff to assist with day-to- 1998. After that date, leases where no day consultation and who was a crucial legal application has been lodged, or which cannot consult in the process. Finally, I express be freeholded, will become perpetual leases thanks to the 38-strong consultative under the Land Act 1994. committee and others who were the crucial In 1991, the previous Government links to the individual experiences of those introduced interest charges on the freeholding Queenslanders for whom we are legislating of grazing homestead perpetual leases. Then, responsively and responsibly. I commend the in 1994, it prohibited new perpetual leases for Bill to the House. grazing and agriculture from being able to Debate, on motion of Mr Palaszczuk, convert to freehold using time payments. In adjourned. this Bill, instalments of the purchase price which are due on or after 16 September 1996 for all grazing homestead freeholding leases NATURAL RESOURCES LEGISLATION will be free of interest. The date on which I AMENDMENT BILL publicly announced my intention to make this Hon. H. W. T. HOBBS (Warrego— amendment was 16 September 1996. In Minister for Natural Resources) (12.22 p.m.), addition, in this Bill time payment with no by leave, without notice: I move— interest has been reintroduced for lessees "That leave be granted to bring in a wishing to convert their perpetual leases for Bill for an Act to amend legislation about grazing or agriculture to freehold. This will natural resources, and for related assist graziers to obtain a more secure tenure purposes." over their land and enable lessees who have been unable to afford to freehold their leases Motion agreed to. to do so. The amendments to the Valuation of First Reading Land Act 1944 generally allow for a separate Bill and Explanatory Notes presented and value for each lot in a plan of subdivision Bill, on motion of Mr Hobbs, read a first time. registered after 30 June 1997. The need for 30 Apr 1997 Natural Resources Legislation Amendment Bill 1139 this amendment goes back to the enactment users in State-owned schemes, and provide of the new Local Government Act in 1993. benefits to the people of Queensland through Since then, adjustments of general rates are more efficient administration. Savings in the required to be made by the local authority order of half a million dollars each year are from the date of change in ownership of part expected through improved billing procedures of the land. This has resulted in fresh alone. Irrigation water users in State-owned amalgamated valuations needing to be made schemes have for some time been taking every time a lot in a plan of subdivision is advantage of administrative arrangements put transferred from the developer to an individual in place by the Primary Industries Corporation purchaser. This amendment will streamline the that provide for greater flexibility in the delivery issue of valuations for local authority rating of water. Under certain conditions, customers purposes. However, to ensure that this change can "carryover" the unused portion of their does not create a burden for subdividers, allocation to the next water year or they can amendments will be made to the valuation of "forward draw" on their allocation for the next land regulations 1993 and the Land Tax Act water year. Whilst these arrangements have 1915 so that, where the subject land remains operated on an administrative basis with the vacant and in the subdivider's ownership, the agreement of water users, they have not had valuation of the land would be subject to a any head of power with the Water Resources discount of 40%, and this would also apply to Act 1989. The amendments in the Bill provide any balance area created. This adjusted a head of power in the Water Resources Act amount will then be used as the basis for the 1989 to allow carryovers and forward draws to assessment of rates and land tax. be approved under a regulation. The current provisions of the Water At present the Water Resources Act 1989 Resources Act 1989 enable the State to provides for the sale, to owners of lands, of exercise control over the use and flow of water water entitlements that are issued as licences. in watercourses, lakes and springs. Such However, the current Act does not provide for control does not extend to water on a flood the sale of entitlements to enter into plain, except in areas specifically declared by a agreements. Water agreements may be the regulation as designated areas. There are preferred option for the purchase of certain currently no such designated areas in the water entitlements, for example coal mining State. For the purpose of inquiry into an and other industrial users. The Bill allows for application for a licence to construct a the sale, to owners of land, of entitlements to referable dam not on a watercourse nor in a enter into agreements with the Primary designated area, the Court of Appeal has Industries Corporation for the supply of water, interpreted the Act to require consideration of in addition to selling entitlements by issue of a water management principles in addition to licence. considering matters relating to safety and the Finally, as part of this Government's protection of life and property. This is a wider commitment to the implementation of its rural interpretation than was ever intended. The Bill water pricing and management policy, it is amends the Act to accord with that intent by planned to introduce a pilot program to enable defining matters to be considered when irrigation water users in some State-owned inquiring into an application for a licence for a irrigation areas to permanently trade part or all referable dam, not on a watercourse nor in a of their existing licensed water entitlements. designated area. It also makes clear that the The pilot program will be tightly managed and purpose of the referable dam process is to allow trading only within the confines of the ensure the safety of the referable dam and irrigation areas approved for inclusion in the the protection of life or property that would or pilot program. The amendments facilitate this could be endangered from the uncontrolled pilot program by formally allowing any loss or release of water or hazardous waste legitimate costs to the Primary Industries caused by the collapse or failure of the dam. Corporation associated with the transaction, as The current Water Resources Act 1989 well as the interests of the other customers, to be taken into consideration. Other minor requires that water charges are levied in a amendments in the Bill correct previous manner which is inconsistent with efficient business operations. The amendments in this anomalies or further streamline administration. I commend this Bill to the House. Bill will simplify and improve accounting and debt management practices. This in turn will Debate, on motion of Mr Palaszczuk, lead to improved service delivery to the water adjourned. 1140 Environmental Protection Amendment Bill (No. 2) 30 Apr 1997

AMBULANCE SERVICE AMENDMENT ENVIRONMENTAL PROTECTION BILL AMENDMENT BILL (No. 2) Resumption of Committee Second Reading Hon. M. D. Veivers (Southport—Minister Resumed from 13 November 1996 (see for Emergency Services and Minister for Sport) p. 4002). in charge of the Bill. Mr WELFORD (Everton) (12.35 p.m.) This Bill has been a long time coming. Today I Resumed from 29 April (see p. 1083) on had hoped to be able to say a few kind things clause 17— about the Minister and the Government and I Mr J. H. SULLIVAN (12.31 p.m.): I had hoped that this Bill would have been a Bill had finished what I had been saying last of substance. But what an anticlimax it is. evening. I wait now with bated breath to hear This is the second amending Bill that the the Minister's response. Government has brought before the Mr VEIVERS: A new section 68—I have Parliament in relation to the Environmental to explain that it is unlikely that this wide Protection Act. The first Bill was brought in regulation-making power will be utilised. If it is, almost 12 months ago in May last year. At that time the Minister made much of the great the Scrutiny of Legislation Committee has reforms that he was going to sweep upon the been informed that any regulation will have a good citizenry of Queensland in relation to the 12-month sunset clause and any regulation Environmental Protection Act. Indeed, we had will simply assist in effecting necessary anticipated many more reforms to come transitional arrangements for the new before the Parliament throughout last year. Queensland Ambulance Service. But alas, nothing has happened and even Mr J. H. SULLIVAN: Just briefly, the with the amending Bill we have before us now, transitional regulation provision—section we have still very, very limited reform. 68—makes it quite clear that the power exists When launching into the second-reading only for 12 months. However, it does not make debate of this Bill some months ago, the it clear that a regulation made under that Minister said that this Bill will implement power would drop off in 12 months. recommendations of the ministerial advisory Mr VEIVERS: It would because it is a committee which he had established in March sunset clause. last year—some 15 months ago. The ministerial advisory committee made 103 Mr J. H. SULLIVAN: No, the recommendations in relation to the regulation-making power is sunsetted, not the Environmental Protect Act—most of them regulations under it. Previously, the Treasurer reasonably innocuous—but of special has accepted that particular point and importance was the fact that despite all the included in legislation before this Parliament a criticisms of the Government Ministers, former sunset clause on regulations made. I know Ministers for Environment, and the back bench that we do not want to drag this on, but what about this Environmental Protection Act, the that does is that if the regulation is sunsetted, ministerial advisory committee recommended changes made to the legislation by regulation that the central tenets of the legislation remain would have to come back to this place in an in place. amendment Bill within 12 months. The Minister has been embarrassed ever Mr VEIVERS: I reassure the since. He has been dragged along to a series honourable member that any regulation made of public meetings where all the people whom during this period will disappear with the he and the former Minister had previously sunset clause. That is what I have been inflamed over the operation of this legislation informed. are to some extent still expecting to be excited by the promises that they were making—but Clause 17, as read, agreed to. which they are now not keeping—about how Schedule, as read, agreed to. they were going to gut this legislation. They know and they have learned both from the Bill reported, with amendments. advice that the Minister received from his ministerial advisory committee, from the department and from a small dose of Third Reading commonsense that one need only bring to bear on this legislation to realise that it is Bill, on motion of Mr Veivers, by leave, sensible, balanced and easily justifiable read a third time. legislation which this State needs urgently. 30 Apr 1997 Environmental Protection Amendment Bill (No. 2) 1141

So it is that today we debate an It is extraordinary that in his amending Bill which, notwithstanding all the second-reading speech the Minister confessed grandiose claims that the Government and the that the moratorium which he initiated last year Minister have made in the political debate between 1 March and 1 July not only caused about reform of the Environmental Protection confusion in the business community but also Act, has not borne any fruit at all. Instead we caused confusion for administering authorities. have a bit of piecemeal amendment here and As a result, that added to further delays in the there and largely innocuous machinery consideration of applications which should adjustments to the legislation. have been lodged with the department at that As I say, this Bill implements only some of time. Of those very same groups, that is, the recommendations of the ministerial businesses and the administering authorities advisory committee. Members might ask, including local government, for which he said "How many is 'some'?" The ministerial advisory he was making changes 12 months ago, the Minister now says the changes resulted in committee made 103 recommendations. This confusion. As a result, he is back before the grand, reforming amendment Bill implements Parliament on this occasion purportedly to two out of the 103 recommendations made by address that confusion. I have outlined the the ministerial advisory committee. One of effects of some elements of this amendment, those recommendations which this Bill lean though it is, which shall only add to the implements does not even rate a mention in confusion that already exists in the the Minister's second-reading speech. Yet in community. I can tell the Minister that that that second-reading speech we were told by confusion is set to continue. the Minister that the whole point of the Bill was that it brings home the bacon to implement In light of the confusion that he had cast the recommendations of the ministerial the legislation into because of the delays, the advisory committee. Given the effect of the moratorium and all the rest of the amendment on which the Minister was silent in shenanigans that went on while he tried to his speech, I am not surprised, and I will have weasel his way through the false promises that more to say about that in a moment. It also had been held out to the business community introduces amendments to the transitional about what the Government would do with this provisions of the Bill which members should legislation, twelve months ago I advised the recall was first introduced in 1994. Here we are Minister that he should also ensure that a a full three years down the track and the consolidated reprint of the Bill was issued so Minister is still introducing amendments to that people would at least have some transitional provisions to allow for the delays opportunity to get their minds around just what over which he continues to preside in the the effect of his changes were to be at that implementation of this legislation. time. Of course, nothing of the kind has happened. We now have a series of As I indicated, in May last year the amendments to regulations in the interim Minister introduced his first amendments to which add to the pile of paper that goes to the Environmental Protection Act. I warned make up the legislation and which only the him then that, by going into the public arena best legal minds in the country could begin to and criticising the legislation and backing up grapple with if they were to try to understand the former National Party spokesperson for the what it is about. Is it any wonder that the Environment in his attack upon the licensing confusion which I predicted 12 months ago is fee structure, the Minister would make it very now even greater amongst the business difficult to properly administer the legislation community than it was then? because, after all, he has a responsibility to Just as occurred 12 months ago, the stand up for the environment and not Ministers's former Cabinet colleague and now undermine the legislative and legal framework Mayor of Pine Rivers Shire, Yvonne Chapman, upon which environmental protection depends is still attending public meetings called in in the State. I told him then that, by taking this honour of the false promises of the National almost schizophrenic approach to the issue, Party which claimed that it was going to he would only increase confusion in the garrotte this legislation and the licence fees community, particularly in the business that go with it. Only a few weeks ago there community, about how the legislation is was yet another public meeting at which Ms supposed to operate. In his second-reading Chapman was proudly sponsoring the attack speech when dealing with this amendment, upon this legislation. Therefore, in 12 months the Minister confessed that what I said a full nothing has changed and confusion reigns 12 months ago was in fact prophetic; it has supreme in the business community. The become true. latest gimmick which has been proposed by 1142 Environmental Protection Amendment Bill (No. 2) 30 Apr 1997 the Minister is to introduce some form of businesses are more hazardous, more toxic conditional licence as a way through the and more dangerous than others and they morass to achieve something approaching the have the potential to cause more promises that were made to alleviate the environmental harm than others. so-called burden of the legislation on smaller The Bill is largely a lost opportunity. Most business. Even that proposal, misconceived of the provisions are administrative and as it was in its inception, is running aground machinery in nature. However, there are three because of the difficulties of what is required. provisions on which I wish to dwell and pay At the end of the day, the Minister has a particular attention to in this debate. Firstly, I fundamental problem that he has to face if he refer to the proposal to provide for goes ahead with this notion of conditional environmental management programs to be licences as a means for reducing licences to amended. The Opposition supports that many smaller businesses across the State. proposal. This eminently sensible amendment The conundrum with which he is faced is: provides flexibility for the department to where is the money going to come from to negotiate with a business that has an properly administer the legislation? Where are environmental management program to adjust the financial resources of the Government and the program as new technologies, ideas and the other administering authorities in local environmental management practices become government going to be sourced from in order known or available. to ensure that the confused mess of licensing That is a good provision. Especially in regimes operate at the end of all the changes respect of a longer term environmental that the Minister proposes? They will not in management program—that is, one of over fact ever be effectively complied with or three to five years' duration—it is essential enforced simply because the Minister will not that, whatever the form of its drafting, it should have the resources that the licence fees are not be frozen in concrete if better, more cost supposed to provide in order to police the effective and environmentally favourable legislation. Where does that leave the alternatives become available within the term business community, particularly those of the EMP. It makes sense to include a businesses which are good corporate citizens provision which allows an EMP to be and fulfil their environmental duties fully, if amended. there is not proper enforcement and consistent application across-the-board of all However, it is important to note—again I the other businesses which sign their one- lend support to this element of the page conditional licences, pay their nominal amendment—that the administering authority levy and then ignore forever more their can approve such an amendment to an environmental responsibilities under the environmental management program only if it legislation with impunity in the absence of is reasonably satisfied that less environmental proper enforcement and inspection? harm will be caused by carrying out the activity than would otherwise have been caused. In Where are the resources going to come other words, an approval can be given for the from? After all, the $24m oil and tyre levy amendment of an EMP only if there will be a which was proposed to be one mechanism to net environmental gain—a net benefit for the siphon off funds for the environment division of the department to implement the environment. Again, that is a very sensible Environmental Protection Act is no longer basis upon which an amendment should be available. If on top of that reduction in allowed. It would be absurd in the extreme to budgetary funding we are now going to have allow environmental management programs to further cuts in the revenue available from be amended to weaken the range of initiatives licensing fees, how does the Minister ever that the EMP requires of the licence holder in propose to provide proper resourcing to the life of the EMP when that commitment to ensure the consistent and fair enforcement of improvement has already been given. this legislation across all polluters in industry? I The relevant amendment also provides do not say "polluters" in a derogatory sense. I for other matters to be taken into account, simply make the purely descriptive observation including the period of the original approval, that every business is in some way or another the period that remains under the life of the a producer of waste products. As the various current EMP—that is, the period remaining schedules of the legislation relating to under the original approval—and any change environmentally relevant activities makes clear, in the period that might be considered to be some businesses are more polluting and more part of the proposed amendment. That is a waste producing than others. Some of the potentially risk-laden element. In other words, categories of waste produced by some this provision contemplates clearly that there 30 Apr 1997 Environmental Protection Amendment Bill (No. 2) 1143 may be a change in the period of the Previously, the legislation provided that, approval, that is, the life of the EMP. where an EMP exceeded three years, public notice had to be given of the application for For example, an EMP may have a three- that EMP, and it was open to public scrutiny. year life by which time certain goals are to be The reason for that public notice provision achieved, but the amendment may be nothing being placed in the legislation was precisely more than to provide for a five, seven or 10- that if one allows a potential polluter—a year life of the approval of the EMP. I trust potential source of environmental harm—to that, for any such amendment to be continue to pollute while that business causing approved, the requirement that there would be environmental harm is bringing its practices up less environmental harm as a result will be to standard, then the extension of that time maintained. However, careful monitoring will could result in further environmental harm be needed to ensure that this provision is not being caused. seen by the business community and its advisers to be a mechanism for extending the It was considered that an appropriate life of an approval for an EMP simply because balance was reached, namely, that if a the business decides that it does not want to business has more than three years to get its live up to the standard that it set itself when it environmental act together, then it really ought submitted the original EMP approval. to be exposed to peer review of some kind. In other words, it ought to be known not only by The administrative authority must also those who want the environment protected but have regard to the risk of environmental harm also by other businesses that are putting in being caused by the activity. Obviously, it only place initiatives to improve their environmental makes sense that that be a key and central performance. factor to be taken into account. The nature of Even if objections or submissions were the risk of the environmental harm, the extent not lodged in relation to the EMP, it seems to of the risk, the seriousness of the me to be fair that, if I am operating a business consequences of the risk and the potential for in Robinson Road at Geebung and there is environmental harm being increased as a another business with which I am competing result of the amendment are all factors which down the road that lodges an EMP that gives should be taken into account by the it more than three years to reach the standard administering authority. that I am trying to attain relatively promptly, The factors to which the legislation says then I am entitled to know about it. the administering authority must have regard Under this legislation, the Minister is are not exhaustive. I would imagine that extending the length of the EMP approval experience will demonstrate to the relevant period for which it does not have to be notified administering authorities, whether it be the publicly. In other words, we can now have an State department or local government, that EMP that delays for five years the requirement over time, in relation to particular that we come up to standard instead of three environmental relevant activities, there will be years and we still do not have to notify anyone a range of other factors peculiar to those via a public notice. ERAs which may well need to be taken into Sitting suspended from 1 to 2.30 p.m. account before any amendment is approved. Mr WELFORD: The concern I am However, there is a sleeper in this expressing about the particular provision we legislation which causes me a good deal of are currently discussing is that, firstly, it restricts concern, and I hinted at it a moment ago. rather than expands the right of public scrutiny When we last debated the amendment to this and the opportunity for there to be public Bill in May of last year, I made a half-jesting accountability for the standards of criticism of the Minister for not having read his environmental protection that businesses are speech. This time his speech seems to be required to maintain. This is in stark contrast to okay, but if one read his speech one would the promises that this Government made after suspect that he has not read the Bill. Nowhere it came to office, particularly in respect of in his speech did he refer to a very important environmental policy, to be open and amendment which could have serious accountable. It made many promises to the ramifications for the maintenance of environment movement and held itself out as environmental quality and the prevention of being a new National Party, a new coalition, environmental harm. I refer to the provision which had put behind it the bad old days of that allows an extension of time within which slash and burn. In particular, as part of that an environmental management program can new image the coalition promoted itself as a be concealed from public scrutiny. Government that would be open in its 1144 Environmental Protection Amendment Bill (No. 2) 30 Apr 1997 consultations regarding environmental issues Minister that this particular provision has and publicly accountable. The Environment precisely that potential effect. Protection Council was feted as justification It is not just a question of extending the and reason for believing that this Government time within which scrutiny is denied. The point was in fact going to be open and accountable. about public scrutiny is that, in respect of But this measure restricts public accountability environmental management programs, the and restricts public scrutiny in precisely the longer the EMP goes on, then in many cases area of the legislation where public scrutiny the longer will be the period and the greater should be greatest—namely, where, rather the extent of the environmental harm than obtain a licence on the basis of meeting potentially caused pending the EMP licence the required environmental standards, an holder or approval holder actually measuring applicant obtains an environmental up to the required standard which every other management program which gives them a business will be required to meet. So the period over which to meet that standard, in protection provided by this provision is about other words, a period within which some public accountability. We might well ask: what measure of environmental harm, some proportion of EMPs are going to have a period standard less than the standard required, will between three and five years? If the number be permitted. of EMPs that are in excess of three years but I am not opposed in principle to less than five represents a large proportion of environmental management programs; do not the EMPs that are going to be established, misinterpret me on that. On the contrary, I then what we are saying is that a large think having a mechanism which gives people proportion of all the EMPs being established a period over which they will meet agreed will now escape public scrutiny and public goals in terms of environmental improvement notification, whereas previously they would is a very sensible mechanism to have, which is have required it. precisely why I am supporting the other significant amendment in this Bill which allows What support for this proposal can we find for an environmental program itself to be from the committee that recommended it? varied in mid course, particularly where that The Minister set up the ministerial advisory results in some sort of improvement in committee to look at a range of issues, and environmental quality or environmental one of the recommendations was in fact that management practice. But it is just as well we this extension from three to five years' have that measure in place, because what this exemption from public scrutiny or public measure does is weaken the position that the notification be implemented. One might be Act previously provided to ensure that the forgiven for thinking that there was good progress that a business was making towards reason for this, and, on its face, I was not achieving the outcomes which its EMP opposed to it if good reason could be found. If required would be met within time. there was good reason for concealing from public notification or public scrutiny an EMP One way in which the Government and, because it was four years instead of two or five more particularly, the community as a whole years instead of three, then the case might be has of ensuring that that EMP and the different. But on turning to the report of the progress of the various targets within it are ministerial advisory committee, this is the achieved is to allow, in respect of EMPs that argument that is put, and this is the full extent are for longer than a three-year period, a of the argument that is put in respect of this process of public scrutiny. What this significant amendment— amendment does is say, "Not only will we now allow a longer period—a five-year "It was argued that EMPs should be period—within which you can achieve your able to operate for 5 years rather than the required standard but also we will conceal you existing 3 years before public notice was from public scrutiny for the full extent of that required offering the opportunity for public longer period." By any measure, it is a comment." mechanism which reduces the capacity of this That is the full extent of the argument. So if legislation to deliver good environmental one wants to go to the ministerial advisory outcomes, in direct contrast to the statement committee report to find out what the which the Minister himself made in the justification for it is, one is not going to find it. If second-reading speech when he concluded one wants to go to the Minister's second- his speech by saying precisely that—that the reading speech to find out what the proposed changes are not weakening the justification for this amendment is, one is not ability of the Bill to achieve better going to find it. But there it is, conveniently environmental outcomes. I suggest to the slipping into the legislation, making what I 30 Apr 1997 Environmental Protection Amendment Bill (No. 2) 1145 suggest, on its face, is a significant change to got this morning, changes the division again. the potential for community involvement in Anyhow, it relates to the new sections 235 and maintaining environmental standards. 236. These are part of the transitional At the end of the day, it is not just the arrangements that were put in the Bill in 1994. Government that is responsible for improving Here we are in 1997 making further the environmental quality of our lives, it is not adjustments to the provisions that allow for the just the Government that has an interest in transition from the old laws to the new laws. making sure that environmental standards are These amendments epitomise the climate achieved and complied with; it is the of prevarication, delay and indecision that community as a whole. This is one provision pervades the Environment portfolio in the which gives the community an opportunity to current Government. This amendment is know what is going on, to know what needed precisely because of the excruciatingly standards are being required, and that one lengthy delays in considering applications for opportunity is now being wound back by a licences that are currently before the provision that denies public notice for what is department. The pre-existing transitional potentially a large proportion of the total provisions provided for a period within which number of EMPs to be put in place. It may be licences were to be dealt with after the Bill that there are very few so far, but I consider came into play. Those transitional provisions that because the EMP concept is such a were then amended by the current flexible and useful one, there will be many, Government last year to make allowance for many businesses that take advantage of it, the moratorium period so that there had to be and justifiably so. But in doing so, if the EMP yet another extension of the time within which that a business chooses is going to extend for any applications for environmental licences a lengthy period—and the previous policy would be approved. position was that anything over three years Here we are now three years down the was a relatively lengthy period—then surely track and not only do these amendments to the public should not be locked out of the the Bill that was presented to the House a consultation cycle. couple of months ago provide for an extension Given that it was not in the MAC report of time within which to approve licence and it was not in the Minister's speech, what applications, but this morning we get are we to make of this being in the legislation? amendments to the amending Bill which Why was it not drawn to our attention in this further extend the time within which the debate? Why was it not given greater department must either grant or not grant an prominence? Perhaps it is just a question of a approval for a licence application. This really is lack of competence in the way that the thing amateur hour stuff. It makes one wonder just was presented to the Parliament. Perhaps how many licences are outstanding, how there is a more sinister reason. After this many approvals are pending in the morning's outburst by the Premier, one department that have not been dealt with, wonders whether this Minister exercises any how many licences have, in fact, been granted real ministerial authority at all. If one wants to across the State compared to those which the go searching for a more sinister reason for this Department of Environment itself deals with, sort of amendment coming into the House, how many licences has the department one might start by wondering just what granted and how many applications have influence the Premier is exerting over the been made to the department which are yet to legislative program of the Department of be dealt with. Environment and the choices that this Minister The amendment we were given when this might otherwise wisely pursue based on his Bill was brought before the House— department's advice. I will come back to the Premier in a moment. Mr Littleproud: In 1996. The third element of this amending Bill Mr WELFORD: —in 1996 stated that that I would like to address relates to the applications lodged after 1 March last year section that the Minister's speech points to as would now be treated as if they were lodged the substantial component of the Bill, namely, from 1 January this year. In other words, we clause 13 which I will come back to in the have let it slip nine months, but "Don't you debate on the clauses. worry about that". The amendments that we were given this morning—and I am not going Mr Littleproud: Division 4. to make criticism of the timing of these most Mr WELFORD: I think at the end of the recent amendments to this Bill; the day it actually comes to fall within Division 6. amendments are not significant so I am not The Minister's further amendments, which we making criticism about that—which further 1146 Environmental Protection Amendment Bill (No. 2) 30 Apr 1997 amend the amending Bill tell us that we are These Explanatory Notes really are now letting it slip another six months, so that unsatisfactory. I am not up with the latest as to we will treat these applications that were who is responsible for preparing these— lodged after March last year as if they are whether it is Parliamentary Counsel; it may well being lodged on 1 June this year. This is be—but, ultimately, it is the Minister's Bill that Keystone Cops. How much further delay, how is introduced into the House. I have been much more indecision and how much longer commenting on this issue long enough now must this department and its operation of the for those in Government bureaucracy to Environmental Protection Act be frozen in time realise that there is really little point in having before someone somewhere says, "It is time Explanatory Notes which do not properly for this Act to take effect fully and effectively"? explain, to a lay person attempting to grasp I simply draw attention to the effect of the effect of an amending Bill, exactly what these amendments piled upon amendments. I the changes really are about. For example, in do not intend to divide on these amendments relation to the Bill's objectives, the Explanatory at the second-reading debate or on the Notes say that it has two main objectives. It clauses at the Committee stage. There really mentions the first one about implementing is no point because, after all, if the Ministerial Advisory Committee Government has so poorly managed the recommendations and then it says this— Department of Environment or under- "Secondly this Bill clarifies other resourced the Department of Environment so matters which have arisen during the severely that it is unable to perform its job any implementation of the Environmental better than these amendments allow, there is Protection Act 1994." hardly any point attempting to force upon the That is really informative! Really, really Government a law which in practice simply informative—other matters! One of those other cannot be lived up to. matters, I might say, gets short shrift in the If another period of time is required after 1 Explanatory Notes and no mention in the June this year for the department to even start second-reading speech, but it happens to be looking at some of the applications that were the most significant concern I have about the lodged after 1 March last year, so be it; but let Bill. It is quaintly smothered; it is not even it be well and truly noted and publicised in the political speech, it is just waffle about other community, especially amongst the business matters. community who are so concerned about the The Explanatory Notes also state that the confusion reigning over this legislation, that a Bill implements "the recommendations of the very significant part of that confusion is Ministerial Advisory Council". One might infer generated by the repeated delays wrought from that that it is, in fact, implementing all or upon the processes of the legislation by a nearly all of the recommendations of the Government that simply cannot properly ministerial advisory council. Of course, it does administer it. not. Of the 103 recommendations of the MAC, There are a couple of points I want to this Bill succeeds in implementing two. I am make about the Explanatory Notes. I made not being nitpicking for the sake of it; I am some comments about the Explanatory Notes being specific about this because it is to the first Environmental Protection important that, when people look at these Amendment Bill of 1996. This, of course, is Explanatory Notes, they actually do get an the second piece of amending legislation in accurate grasp of what this Bill is about. At the 1996 to the principal Act but has taken until very least, the Explanatory Notes should state now to actually be debated in the House. I that the Bill implements "some" of the think the members opposite as a Government recommendations of the ministerial advisory became so embarrassed by the delays in committee, not "the" recommendations, as if actually bringing this legislation on for debate the Bill implements all of them, or as if the only that they have moved it up the list of Bills on recommendations of the MAC are in fact the the Notice Paper. I dare say that the Minister things that this Bill implements. had something to say about that because he The Notes on Provisions refer to clause 2 was wondering whether he was ever going to as indicating when this Act commences. get legislation in. We might well have had Clause 2 of this amending Bill states that those transitional provisions in not referring to section 13 commences on—it is now 1 June, 1 January or 1 June but 1 December or 1 July assuming that the amendments which the next year if we had not got to debate the Bill Minister proposes are agreed to, and we have now, because there has been such an no objection—1 June 1997. So where do we extraordinary delay already. get it that the Explanatory Notes tell us that 30 Apr 1997 Environmental Protection Amendment Bill (No. 2) 1147 clause 2 indicates when the Act commences? place after 15 months of promises and Or is clause 2 itself in the amending Bill an Budgets and failed Budget initiatives in error or a misprint? It may be in the Minister's relation to oil recycling, tyre recycling or reuse, interest to clarify that. It may be just that the or in relation to oil filter recycling. What Explanatory Notes are inaccurate. If they are, outcomes can the Minister point to within the then although it is not an enormous last 15 months on environmental protection inaccuracy, it just lends support to my concern and say that that is evidence of any progress? that if we are going to have Explanatory Notes There has been no significant legislative that are meaningful and useful to people who reform, no benefit in net terms to the do want to come to understand what changes environment, and not a single initiative to the Government is actually making to the law, improve the extent of recycling or, indeed, it would be nice if the Explanatory Notes were cleaner production. There might be a seminar something resembling accurate. here and there. That is fine. But talkfests do not bring about results. So far we just have not There are a couple of other matters that I had any results. should raise in the context of the Environmental Protection Act. This This legislation has not recognised or Government has been in office for 15 months. responded to any of the concerns raised when The Environmental Protection Act itself was this issue was last discussed. Let me draw the going to be the cornerstone of a reform attention of Government members to part of program that the conservative Government what the discussion was about when we had promised. It has not been. The two debated the first amending Bill to this minuscule Bills that have come before the legislation in May last year. There was a House have done little more than make provision in it which was effectively a Henry VIII piecemeal change, albeit change which clause which I drew to the attention of the weakens, in my view, the capacity or ability of Minister, as did the Scrutiny of Legislation the legislation to protect our environment. Committee. A Henry VIII clause allows for a provision in a Bill that says that you can There are other things that the change the law by regulation. Henry VIII Government could be doing in relation to clauses are in breach of our legislative environmental protection to lift its stocks with standards—the standards to which this those in the community who care about the Parliament should subscribe in drafting new environment—those who are fast coming to laws. Any substantive law should be changed form the view that this Government simply by an Act of Parliament, not a regulation that does not care about the environment. goes through Executive Council and whisks Recently there was an article in the Daily through without proper public scrutiny in this Mercury about a visit by the Minister to a Parliament—the people's House. company called Environmental Filter Disposals which recycles oil filters. The owners of that In relation to the Henry VIII clause, Mr firm argue that there need to be either Elliott, the Chair of the Scrutiny of Legislation legislative or other economic measures taken Committee, said that he had a meeting with to drive a process of change so that more the Minister in relation to the relevant clause. people recycle oil filters. This is just one Then he said— example of an opportunity presented to the "The Scrutiny of Legislation Minister—among the undoubtedly dozens of Committee believes 251 (3) to be a Henry opportunities that he would come across in his VIII clause and we had some difficulty role as the Minister responsible for with the other two that I just mentioned. Environment—for actually improving the The Minister has indicated to me that he management of what would otherwise be a will be bringing this legislation back to the polluting waste. Oil filters, oil, tyres—pick what Chamber around June." you like—all of them have significant environmental effects. That was said in May 1996. It is now almost May 1997. Sure enough, we have had There are no doubt people with legislation come back to the Chamber only 11 technologies beating down the door to months later, but there is not a word—either in demonstrate to the Minister that they have the debate on the second reading of the Bill or something to offer, that they have a in the Bill or anywhere else—about having technology that can be of assistance in this addressed a weakness which he promised to regard, but what has been achieved? Apart address, not just to me in the Chamber but to from whatever paddling might be done by this the Parliament's Scrutiny of Legislation Daffy Duck under the water, there is just no Committee and its Chair, a member of his own progress being made. There is no measure in National Party. 1148 Environmental Protection Amendment Bill (No. 2) 30 Apr 1997

One wonders just what sort of control is I conclude by referring to those being exercised by the Minister over the extraordinary comments which must have agenda or the program of work that this severely embarrassed my counterpart Minister department conducts. I say that without this morning. Today in question time, when intending to be directly or personally critical of answering questions about the ludicrous, the Minister. It may be that forces beyond his scandalous squandering of taxpayers' money control are taking control of the environment on a handful of private residents on Fraser agenda of this Government out of his hands. Island to give them a private airstrip at The outburst by the Premier this morning Government expense, the Premier crowed. In would lend support to that view. But a the course of crowing about that action being commitment was given to this House when we a so-called election promise, he said that he last debated—many moons ago— no longer took any notice of the Environment amendments to this legislation which simply Minister or the Department of Environment. He has not been responded to. said that it was a whole-of-Government The Environmental Protection Act initiative—which was code for saying "This is depends for its effective implementation on a my initiative for a mate"—and that, unlike the range of specific environmental protection previous Government, his Environment policies—EPPs—with respect to specific Department does not have a veto over matters: noise, water, air and waste being the Government decisions. That is a bit like main ones. When our Government lost office saying, "We won't give someone a vote just in in February last year, we had water and air case they want to run the show." The Premier virtually finalised, water ready to be signed off is exaggerating it to the point of talking about and noise well and truly down the track. I vetoes. Officers in the Department of notice that the environmental protection policy Environment will be delighted to learn they for water has gone through and been reported had them under our previous Government. It on by the Environment Protection Council of will be interesting when they learn that the Queensland. The council has already reported veto that the Premier says they had is now on it in its March report, which was tabled going to be taken away. Not only will they not yesterday in the House. Yet the water policy have a veto but also they will not even have a has still not seen the light of day. Indeed, so say. That is precisely what has happened in controversial has been this policy that, after relation to the Fraser Island fiasco. being approved by the department, all the The Premier, bless him, has a mate and stakeholders in the consultation process and his mate is involved in profiting from the Environment Protection Council of development on Fraser Island and, Queensland, how far did it get? It reached the presumably, the developments that are up National Party bunker and fell over. It fell over there. Is it any wonder that Mr Whittaker from into the bowels of the National Party policy the Courier-Mail would be trawling through the committee, which wants to massage it a little property ownership of members of the bit here and a little bit there and hope that it Government benches when we have this just might go away. extraordinary proposition of the Queensland After all those sneaky, backroom deals to taxpayers shelling out $250,000 to create a undermine and undercut the Environmental private airstrip for a handful of people, one of Protection Act, which started with the scuttling whom appears to be a mate of the Premier, of the environmental protection policies upon contrary to advice about the safety which the Act depends for its effectiveness, requirements of the airstrip—the fact is that it why are we not surprised that the simply is not safe—and contrary to the advice departmental officer responsible for leading of the Department of Environment which has the preparation of that policy has resigned in specifically pointed out that the proposal for a disgust at the fact that his three-odd years of private airstrip is inconsistent with the work putting together an environmental management plan for a World Heritage area protection policy for water and steering it on Fraser Island. This has all the stench of sensibly through every consultation process private patronage for which this National Party necessary to make it effective only to see it is renowned. I sympathise with the Minister for then bowled over by some backroom National the second fiddle that he is playing in this Party committee? It is no wonder that in the scandalous affair. I hope that he has a better community, and in the environment say in the future. community, especially the environment lobby Time expired. groups, a distinct impression exists that this Ms WARWICK (Barron River) Government simply is not up to it when it (3.05 p.m.): It gives me great pleasure today comes to protecting our environment. to support the Environmental Protection 30 Apr 1997 Environmental Protection Amendment Bill (No. 2) 1149

Amendment Bill (No. 2). After the previous environment. In particular, my electorate of Labor Government had burdened the people Barron River is a very environmentally sensitive of Queensland with the Environmental area. The environment is a very big issue. I Protection Act, my office was inundated with live in a wonderful part of Queensland. I have genuine complaints regarding this very two World Heritage areas in my region. I am impractical, unworkable legislation. also aware that the economy of my region is Mrs Wilson interjected. very dependent on the tourist dollar. That in turn is very much dependent on preserving our Ms WARWICK: That is quite right: other natural environment. I am very much in favour members' offices were as well. of environmental controls, but I think we must I have no objection to the Environmental be very sensible about those controls. I put Protection Act. I am well aware of the need for myself in the place of a small-business person such an Act, but not that particular Act. It was who is struggling to make ends meet and to very hastily put together. As I said, it was pay workers' compensation, leave loading, totally unworkable. Small-business people holiday pay, sick pay, superannuation, wages were appalled, disturbed and just plain and rent. Of course, this is just another impost. anxious about the provisions of that new, I am not saying for one moment that we hastily concocted legislation. The Opposition should not impose environmental protection Environment spokesman referred to on small-business people. However, I am confusion. He is quite right: confusion reigned. saying that we must do it in a fairly sensible Confusion would be the one word that I would and consultative way. This Bill will allow for an associate with that legislation. No-one seemed administering authority to approve the to know what the legislation meant. Council amendment of an environmental officers who were policing the Act had no management program. That will allow a training and very little knowledge of the business to propose a program that will machinery of the legislation; hence they would overcome a temporary inability of that do inspections and totally confuse and upset business to comply with the requirements of small-business people. My office and those of the licence conditions under the Act. many of my colleagues were literally inundated As the Minister said in his second-reading with complaints. Consequently, I lobbied for its speech, this amendment Bill will provide amendment, as did many of my colleagues. flexibility in cases where new technology or Minister Brian Littleproud listened to our different management techniques have complaints and took some positive steps to become known after the initial approval is amend the legislation and to make it more granted. This Bill is about flexibility: it is not workable. endeavouring to go easy on environmental I have always been committed to responsibility; it is trying to make it easier for assisting small business. I think I have made business people to comply. That was certainly that quite clear in this place. The lacking in the old legislation. I think that it will National/Liberal coalition Government also is facilitate the achievement of improved committed to small business. We are acutely environmental management outcomes. It will aware that small business is the backbone of make the Act more user friendly. our economy. We felt that we must do The second recommendation that this Bill everything in our power to assist small will implement will allow an administering business. That is exactly why we went to the authority to continue to process applications Minister. He responded to the difficulties being for licences or approvals that were deemed to faced by the small-business sector and be refused because the administering established very early after taking Government authority did not respond within the statutory last March a ministerial advisory committee. time limit. Because of the large numbers of That has been commented on by the member applications that had to be processed in the for Everton. That committee reviewed the initial implementation of the Act, and because effectiveness, fairness and practicality of the of the difficulties encountered by administering environmental protection legislation. The authorities, there was widespread confusion. It advisory committee focused on the was impossible to handle all the applications Environmental Protection (Interim) Regulation within the statutory period. Unfortunately, the 1995, but it also made a small number of moratorium that was introduced for a four- recommendations that require amendments to month period from 1 March 1996 to 1 July the Environmental Protection Act 1994. 1996 caused some confusion for both This Government, while being aware of its business and for the administering authorities responsibilities to the small-business sector, is and added to the number of applications that also very aware of its responsibilities to the were deemed refused. 1150 Environmental Protection Amendment Bill (No. 2) 30 Apr 1997

The existing legislation was patently and just penalise those businesses that were inequitable as it would have required the doing the wrong thing; it provided incentives applicants to resubmit applications and to pay for those businesses that were wanting to do additional fees. These amendments will the right thing and it provided benefits to those resolve the situation that has arisen since 1 businesses that were doing the right thing. For March 1996 and will allow an administering example, where the licence fee structure authority an extension of the period for reflects the licensee's performance, the consideration of new applications more readily regulatory costs are decreased as the than what is currently available. The Minister is performance increases. very aware of the difficulties being faced by What has this Government done? It has small business and he is doing all in his power started chipping away at the tough laws that to alleviate those difficulties. These the Labor Government put in place—chipping amendments will go some way towards that away to weaken our environmental laws. This goal and hopefully more will follow. I know that latest effort of extending the required public he is aware of the current difficulties and the notification of licence applications to get a problems with the legislation and he is very management program in place from a three- receptive to providing an outcome that will be year period to five years is an example of that acceptable to all stakeholders. action—public notification to help to ensure I can assure the people of my electorate that community conflicts could be avoided or of Barron River that the Minister will not relax minimised. If as the Minister says it is for those environmental standards in the industrial businesses that may have to outlay large arena but he will facilitate the compliance amounts of capital to bring their environmental regulations that are required under this Act. performance up to standard, that is fine; that Therefore, I endorse the amendments and is okay. But what about those businesses that commend this Bill to the House. are merely going to use the extra time as a delaying tactic, to not have to be answerable Mrs ROSE (Currumbin) (3.13 pm): It is to community concerns, to not have to be with pleasure that I rise to participate in this available for public scrutiny? The debate on the Environmental Protection environmental management plan program Amendment Bill. As my colleague the shadow was put into place to assist those companies Minister for Environment said, although the that could not meet standards immediately, to Opposition will not be opposing the Bill and its give them time to develop a management amendments, I would like to speak for a few plan to established how compliance could be minutes to section 85 of the Act, which achieved; it was not put into place as a provides that where the length of an mechanism for them to delay implementing environmental management program is longer pollution preventive measures or than five years, public notification of the environmental management programs or to application is required. Of course, the avoid being available and open to public requirement at this time is three years. scrutiny. For six years, the Labor Government set What about the third person appeal about putting in place strategies and plans process? Has that been proclaimed? My through working with the community to rectify understanding is that the previous years of neglect of our natural environment by Government had it ready to be proclaimed, yet conservative Governments. Six years of a it still has not been proclaimed. If this concentrated effort to try to stop the amending Bill is to be passed, which it will as haphazard degradation of our natural the Opposition will not be opposing it, then the environment, to avoid the creation of pollution Minister is going to have to make sure that the havens and to penalise industries for taking businesses claiming the five-year period are environmental shortcuts! Months of working doing so for the right reasons. with the community, industry, business and local authorities to come up with a way to There have been some small businesses manage and deal with the irresponsible in my electorate that have found it a bit tough behaviour of a few whose callous disregard for to come up with the licence fee. I have received a few calls about this matter. In the environment was having serious, long-term general, most businesses accept that the fee implications for the future of our environment! is necessary to cover monitoring and Some of the practices harmful to the inspection costs. The fee structure is one that environment by some industries and is fair across-the-board and there is a businesses would make members' heads spin mechanism whereby businesses that are and turn their skin green. However, the former suffering severe financial hardship can make Government did not want to come down hard application to council for a reduction of the fee 30 Apr 1997 Environmental Protection Amendment Bill (No. 2) 1151 or, in exceptional circumstances, for a waiving joining the coalition Ministry to respond to the of the fee. However, as I said, most needs of small business in this State. companies accept paying the fee, which they Those on this side of the House and, I am know will go towards ensuring that proper sure, the majority of members on the other standards are set in the control and side of the House are all very keen to ensure management of waste. the best possible outcome for the I am sure that everyone in this House has environment. I recognise that the previous on more than one occasion witnessed Government was taking steps in that direction appalling practices by some businesses in the and had implemented certain measures to disposal of waste. I can vividly remember the ensure that a positive outcome was sought for day I was sitting in my car waiting at the traffic businesses that were polluting and were not lights and I looked across at a mechanical acting in the best interests of the State's workshop-cum-tyre servicing place and saw environment. However, in doing so the that a fellow was hosing out oil and grease previous Government may have been a little and bits of rubber and metal—and heaven hasty in not recognising that, in order to only knows what else, and it was all frothy as comply with some of the provisions that well from what must obviously have been a businesses will now be required to implement, harsh detergent—straight down the driveway they would have suffered a severe financial into the gutter and into the stormwater drain. It impact. The intensity of businesses' potential was because of those types of practices that to pollute will range fairly widely. For a number the previous Government introduced the of years larger businesses have been doing licensing of businesses which have the certain things to comply with the legislation potential to cause harm to the environment. because they have been financially able to do so. However, some smaller businesses, even Businesses that are licensed are required though they may have been willing to do so, to submit an annual return in which they are have to a certain extent turned a blind eye to required to answer questions about any the legislation. The Bill will focus their attention pollution prevention measures they were on the need for everyone to be conscious of required to implement and whether or not they the environment, to play their part and to be have done it; whether they have voluntarily responsible for its maintenance and installed any pollution control equipment and a management. number of other questions relating to a Mr WELFORD: Madam Deputy management program. The return also offers Speaker, I draw your attention to the state of the opportunity for people to seek further the House. advice from council if they are unsure of what they should be doing. The return is submitted Quorum formed. with the fee and that is then followed up with a Mr HEGARTY: As I was saying, upon visit from an officer from council to the coming into Government the Minister premises where that officer will assist with that recognised the plight that a number of business's requirements for environmental businesses would face if they were to comply management practices. So they have tried to with the new regulations within the time frame make it as easy on business as possible. laid down in the 1994 Act. The moratorium in response to their financial situation created a In his second-reading speech, the few administrative problems which it is in the Minister claimed that the proposed changes best interests of all parties to amend. are not weakening the Government's ability to achieve better environmental outcomes in Firstly, the Minister very sensibly Queensland. However, I would hope that the established a ministerial advisory committee to Minister will carefully monitor the extension of which he invited representatives from local the length of an environmental management government authorities, industry, program to five years before public notice is environmental groups and so on to put required and ensure that businesses are forward their views on how the Act could best honouring their obligations and are not merely be implemented and managed. As a result, using the extension of time as a delaying the Minister is now working through the 103 tactic. recommendations put forward by the committee to ensure that the very best Mr HEGARTY (Redlands) (3.21 p.m.): It positive outcome will emanate from the study. is with pleasure that I rise to speak on the I am pleased to say that, to date, 33 of those Environmental Protection Amendment Bill recommendations have been implemented (No. 2) 1996. In doing so, I commend the and the remainder are steadily being worked Minister on the initiative he took last year when through. 1152 Environmental Protection Amendment Bill (No. 2) 30 Apr 1997

I will touch on a couple of the sections be a 100% environmentally clean business, that are proposed to be replaced or amended. even if that were to take five years or possibly Obviously, as I said before, some of the even longer. For example, take the large, dirty clauses deal with purely administrative industries that have problems because of matters, such as section 35. Proposed new ageing technology. As technology improves, section 65 essentially gives an applicant an their production methods and their disposal of extension of time to have his application waste methods improve. However, that reviewed. In other words, it ensures that the improvement will not be achieved overnight. applicant is not breaking the law if his For that reason, the extension of the period to application is not considered and approved five years for particular situations is not a bad within the statutory time. Proposed new thing. If we had left the period at three years, section 70 provides for prosecution for that may only have necessitated extension. breaches of approvals and contravention of Why go to the trouble of going through all the conditions of licences. Prior to this legislation, extra administrative requirements to make a only licensees would be prosecuted for business lawful when we can simply extend contravening the Act, which covered major the time frame from three years to five years. I offenders involved in major environmental am sure that the businesses which require disasters. However, as I said before, small such a provision will be in the minority, but businesses, especially cumulatively, also have they will be able to carry on their businesses an effect on the environment and can cause knowing that they are complying with the considerable degradation. Therefore, under legislation and are acting within the law, as the Bill, people with approvals will be liable to most businesspeople wish to do. I believe that prosecution in the same manner as licensees. most small-business people are only too keen That is a very positive change, despite the to be environmentally responsible. questions raised by the member for Everton However, as with all activities, the about the changes to the Act. problems come down to the dollar. Unless Members on the opposite side of the Government, local councils or whoever assist House should be very thankful for the businesses to become environmentally opportunity for a review at this very early responsible, they are left to their own stage. In relative terms, this is new legislation. resources. If they are pushed into a time The previous Government passed the frame that is unachievable, they may well be Environmental Protection Act in 1994. It an irrelevant environmental polluter because granted businesses a three-year period within they will go out of business. The whole thrust which to comply with its requirements. of the amendment and the moratorium that Therefore, by looking at this legislation now, the Minister initiated last year is to give those we are widening the net for smaller people a break. businesses. The member for Currumbin used Members on the opposite side of the the example of a small business which washes House have spoken fairly strongly about the waste down the pavement. Of course we do unacceptably high unemployment levels in not want to see that happening. In the past, recent years. I certainly support the view that such a business may have escaped those levels are unacceptably high. The prosecution if it had an approval. I am not Government is doing all that it can to reduce saying that it would have, but the Bill will pick those levels. up the smaller fish, which is a very positive outcome. Had we forged ahead with the Environmental Protection Act as conceived by A couple of speakers have suggested the previous Government, we might have had that extending to five years the period for a lot more people in the unemployment compliance before a business has to advertise queues. Opposition members should be very is a bad thing. I do not see the time frame as conscious of that. I appreciate their interest in being all that important in the sense that, the environment. I am as conscious of the when assessing an application for a environment and as concerned about it as management plan, the department or the anyone. However, at the same time, since the council will determine a reasonable time within First Fleet arrived in this country, people have which the business will have to comply, and been carrying out activities that have had a that may be 12 months or it may be three detrimental effect on the environment. years. However, a business may have a particular problem or part of a problem which Mr Welford: Don't blame Captain Cook. can be addressed within a certain time frame. Mr HEGARTY: I am not blaming It is a very positive thing that that business Captain Cook. I am just giving a chronological would be prepared to tidy up its act in order to sequence of when the environmental 30 Apr 1997 Environmental Protection Amendment Bill (No. 2) 1153 problems started. The Act came in in 1994, make sure that a person is lawful. Even because we had only just realised that things though the licence was not issued, we do not were getting a little beyond the pale and that want to see people being considered as being we had better start doing something about it. outside the law. Again, this is a means for That is good to see. However, in the time people to feel warm and fuzzy. Even though frame that I have given as an example, these their intent was good, we still have to make minor extensions of time and the moratorium sure that it complies with the letter of the law. given to business are minuscule. The main Finally, I turn to the amendments to object of the legislation is to get it right for the Schedule 1, which insert about 10 or 12 future. I think the Minister has been very clauses, providing for an applicant to lodge an judicious in the cautious way that he has appeal. In other words, if the demands by the approached this issue. He did not race into it department or the local government authority in the early stages. He took it on board and for a business' environmental management quite carefully considered the ministerial plan seem excessive, instead of having to committee's recommendations. Now he is comply with the requirements verbatim, this will putting forward those recommendations, and enable it to appeal and ask for a review of the amendments before us today will enable those requirements. These provisions are not those recommendations to be implemented. unnecessary; similar to any regulations, we I turn to proposed section 94A, which have to cover all bases. In this instance, we covers procedures and criteria for assessing want to make sure that we can skip the odd environmental management plans. Again, we section that is irrelevant to a particular need to have in place something which will business and move on to the area which stand up to scrutiny and pass the test of needs addressing for the environmental whether it is a reasonable plan. Again, that activity concerned. comes back to making sure that businesses are making the best effort within the time I fully endorse the Minister's initiative in frame and within their financial and physical amending the Environmental Protection Act. I capabilities to minimise the effects of their commend his thorough motives and practices to a point at which they are nearly procedures in undertaking this amendment, 100% environmentally friendly. which as always primarily has the environment in mind but also recognises that this cannot be Proposed section 236B overcomes a done at the expense of the business technical hitch to avoid categorisation of a community and those who may be caught up deemed refusal by way of a time delay. In in the web involuntarily and for no good other words, if the licence or approval could reason. not be met within the time, it would be a deemed refusal and obviously that business Mr ARDILL (Archerfield) (3.37 p.m.): I would be acting illegally. The proposed section was appalled by the attitude expressed by the prevents the need for an application to be previous speaker in relation to the protection resubmitted outside that time frame. Very of our environment. I was absolutely appalled importantly, it avoids the extra cost of at the lack of imagination of speakers on the reapplication incurred by businesses. Government side of the House. This matter is urgent. The past 200 years have seen the We are all for reducing red tape, terrible degradation of the environment of particularly in respect of small business. This Australia and seen species wiped out by our Act probably impacts on small business more attitude to the environment, yet the previous so than large business. As I said, large speaker said, "We can continue on for a while businesses have always been conscious of yet." Like St Augustine, he says, "Let us their activities and have taken appropriate continue to sin for a while longer." steps in the majority of cases. But small businesses find this a new impost on their day- Mr Santoro: Who wrote this? to-day activities while trying to survive in a very Mr ARDILL: Who is speaking it? Had I competitive and tough business sector. This is had more time to write this speech, I would a commonsense amendment enabling speak for 20 minutes, but this is a fairly flimsy businesses not to be overcome by Bill and it does not require a 20-minute bureaucratic red tape and the imposts of speech. Unfortunately, it is a flimsy Bill from a further reapplication fees. lightweight Minister who does not have the I wish also to speak to proposed section confidence of his own Government and party 236C, which concerns protection from to do what is necessary for the environment of prosecution where no licence or approval is this country and this State. That is the given. Again, this is a technical provision to problem. 1154 Environmental Protection Amendment Bill (No. 2) 30 Apr 1997

The present Minister for Environment— at. I agree that we cannot do much about whether he is for or against it we are not quite roads, but we certainly can do something sure—was an adequate Education Minister about industrial operations. Much better when in that role. I thought that he was a protection from water pollution should be Minister who could right the wrongs of 32 afforded to our environment. The problem of years of National Party neglect and destruction water pollution is quite evident in streams of the environment. throughout the length and breadth of this Government members interjected. State. Insufficient funding has been allocated to tackle this issue. In the last Budget that we Mr ARDILL: If Government members brought down in May 1995, $160m was wish, I can continue this speech for 20 dedicated to environmental purposes, but that minutes; I do not wish to. Unfortunately, the funding disappeared. This Government has Minister is not able to show his mettle in not allocated sufficient funding to carry out the relation to the protection of the environment necessary pollution controls throughout the simply because of the attitude of the National length and breadth of the State which the Party and even more so that of the Liberal degradation of our environment demands. Party and its economic rationalist lunacy. One positive feature of this flimsy Bill is Mr Welford: They're vandals. that amended management programs are Mr ARDILL: That is right, and they were catered for and that these will not be at the vandals for very many years. They even sent expense of the small operator. I congratulate the chief vandal over to Rio to prevent any sort the Minister on that. It is a worthwhile goal. of environmental protection being undertaken When new technology is implemented the in this country. opportunity must be afforded for adjustment of No provision was made in our Act for management programs, and that certainly proper advice to be given to small-business should be done without cost to the small- operators. That is something for which I business operator. I do not see that large criticise my own party. That was a feature industrial concerns should be able to escape sadly lacking in the legislation, and it is quite their responsibilities, particularly their okay for me to say so with hindsight. I did not responsibility for funding the environmental raise it at the time, but I am aware of the fact laws of this State and providing the necessary that much better advice should be given to environmental protection measures. small-business men who are caught in the net Another issue is the difficulty currently of environmental protection. The Minister does being experienced by the public in accessing not have that excuse. With the benefit of noise and air pollution control authorities. Even hindsight of three years, he should have under Minister Tenni there was provision for included a provision in this flimsy Bill that people to contact a noise and air pollution adequate advice be provided to people who control centre in Brisbane. The number was need help in deciding what is necessary to freely available. The officers who were there at protect the environment. In many cases, the time did their level best to take action. business operators are willing to undertake the However, when it came to the Government of required measures. The majority of small the day undertaking the necessary operators have not applied for environmental prosecutions, that was an entirely different management practices to be adopted in their matter. I believe that until the Labor small workshops. The way in which most Government came to power only two people councils around Queensland are picking up were prosecuted over air pollution and nobody this fact is by checking advertisements and by was prosecuted over noise pollution. The following up what is in the Yellow Pages. officers of the department at that stage were There are many hundreds of operators who able to do something through suggestion, have not been picked up, and it is not too late coercion and bluff. In many cases, that to include a provision in the legislation which approach was effective. These days some of would require the Environment Department to the officers in the department do give out their provide adequate advice to those people. I numbers so that the most extreme cases can urge the Minister to consider that suggestion. be attended to after hours, and it is after hours One of the environmental problems when the real problem exists. According to the encountered in this State is water pollution people who contact me, it is very difficult to caused by the run-off from roads and industrial reach officers after hours if noise and air areas which carries untreated waste into our pollution problems come to their attention. It is streams and rivers. That is a problem that this time that the Minister took action to make sure Bill does not tackle. Again, with hindsight, it is that after-hours phone numbers are available an issue that the Minister should have looked so that complaints can be attended to. 30 Apr 1997 Environmental Protection Amendment Bill (No. 2) 1155

The last matter that I want to talk about is Wherever the treatment plant is situated, it the problem of liquid waste disposal. The has to be removed from the present site at State Government should be responsible for Willawong to enable rehabilitation of that area liquid waste disposal, not local councils. As the to take place. Minister well knows, the problem at Willawong The previous speaker talked of imposing has gone on since 1982, when the Brisbane costs on industrial concerns which would put City Council attempted to close that facility, them out of business. That could be so for a and nothing has been done about it. Nothing very small operator. As I have said, the has been done about it and nothing is being department should provide specific assistance done about it, except that the treated waste and advice to small operators. As a member now goes to Gurrulmundi. The facility at of the free market forces in this House, he Willawong must be closed and the shows a great lack of confidence in the Government must take responsibility for marketplace to look after the problem of setting up new treatment plants, not only in treating the waste which that marketplace Brisbane but also in other areas of the State, generates. It should not be the responsibility where toxic waste can be dried and solidified of the general public to do that; it should be and disposed of in safe burial areas. the responsibility of the industry that generates Mr Palaszczuk: Not at Pialba. The that waste and uses the material that is students from Pialba are here today. produced. It should not be the responsibility of Mr ARDILL: I certainly would not the general public. suggest that. I do not believe that anywhere Mr Hegarty: What is the time frame you close to the coast would be suitable, quite are talking about? frankly. It does not have the stability to allow that. Mr ARDILL: The time frame is now. Not only have we gone 200 years too long; in the The problem at Willawong must be short term we have gone about 50 years too attended to. The Lord Mayor of Brisbane had long. A lot of these problems were known for a a proposal to transfer the treatment plant from long time and nothing was done about it until Willawong to a safe site at Pinkenba, where the Labor Party came to Government in 1990. most of the waste is generated, but he was It is up to members opposite to take over what torpedoed. He was torpedoed by a number of we started and to do something about it. To competing interests, none of whom had a real say that the marketplace cannot handle the appreciation of what the treatment plant was problem is wrong; it is its responsibility to about and talked of it as a dump and as a handle the problem. pollution area. In point of fact, Willawong is not a suitable location for that sort of treatment Mrs Wilson: They can in the long term, plant. Willawong is too far removed from the but not in the short term. It means increasing generating sources of liquid waste. In addition, prices if they have to do it straightaway. We're the site needs to be rehabilitated. What is just saying they need more time. under the ground there needs to be treated, Mr ARDILL: I am not saying that it has and that cannot be done until the treatment to be solved in a specific way; I am saying that plant is removed totally from that site to it is the responsibility of those industries to another site somewhere in the vicinity of our come up with schemes to combat the industrial areas. Other areas of Queensland problem. Those industries have had three should be treated in the same way. There years and, prior to that, they had four years of should be toxic waste treatment plants in other warning. Since the introduction of the Act they industrial areas such as Townsville and have had a further three years to do Gladstone, and possibly the mining areas. something about it. Surely any firm with any Proper disposal methods must be introduced degree of technological expertise should by by the Government throughout the State. It now have been able to solve most of its should not be the responsibility of a local problems. That is what Government members government in one area to treat the waste of have not come to terms with. It is too late to 100 surrounding councils and even those keep on procrastinating and saying that we interstate. can go on until these organisations feel so I urge the Minister, as I have done in the disposed to do something about it. The time is past, to look at the problem at Willawong and now. As I said, they have had seven years to to do something about it urgently. That do something about it. It should have been festering sore cannot be allowed to stay out done by now. It is time to demand that there. It is time that he solved the problem. I Government members come to terms with it thought we had the solution with Pinkenba. immediately. 1156 Environmental Protection Amendment Bill (No. 2) 30 Apr 1997

As I said, it is okay where organisations' allow business to overcome temporary management plans can be updated by better inabilities to comply with the 1992 Act and the technology or because existing technology licensing conditions. has been found not to work. We have to give There may be cases where improvements them a little bit of time to do something about in technology could improve business viability, it and, as I said, I am happy that the as well as improving the environmental Government is doing that without aspects of the operation. I noticed that the cost—certainly to the smaller firms. But can it member for Everton was speaking about that, please get on with the job? This is Australia as did other members on the Opposition side today; it is not back in the times of Captain of the House, and certainly those on this side. Cook and Arthur Phillip when there was so little Consideration needs to be given to the way knowledge of the damage that we could do to business finances are arranged, and their our environment. This problem is subsequent ability to finance changes. The taxation to the Industrial Revolution when this earth aspects of these demands should be altered began to be destroyed by industry and to make it attractive for business to implement technology. It is now time to reverse the the necessary changes. It would be in the process and get on with the job urgently. interests of the Federal Government to provide Mr ROWELL (Hinchinbrook) (3.54 p.m.): incentives that make it acceptable to business I rise to join the debate on the Environmental to put in place measures that would benefit Protection Amendment Bill No. 2 1996. the environment. If tax incentives are Business recognises it needs to play a role in provided, it makes it more feasible to adopt maintaining sound environmental standards. environmental measures to reduce the impact Criticism of the Act stems from the additional on business activities. cost imposed on enterprises by the It is difficult for these people to pay for the administering authority. But the heaviest levy and the variety of changes required while burden on business is the compliance that has at the same time they have to maintain their to be adhered to by many operators who are viability. We have heard people talking about almost on their knees. the onus that is on business as far as workers' In areas of the State that have been compensation, superannuation and all those affected by drought or where there has been a sorts of things that they have to comply with serious downturn in their economies, when they are employing people are businesses are battling to survive. It was the concerned. Larger organisations may to some former Government that brought in conditions extent be in a better position because their that were too rigid to comply with and many throughput would cover the cost burden much industries had to call on their meagre more easily. The ministerial council recognised resources to carry out the necessary changes. that a public notice of an application for an It is important that these small businesses environmental management program should continue because they provide an essential not be required unless the period of the service to these communities that often program exceeds five years. This gives a cannot be replicated. I think a number of better opportunity for planning, as the current speakers from both sides of the House have Act only allows for three years. I think that is a spoken on that issue. Sometimes 100 very worthwhile move. I was pleased to hear kilometres separates towns and the loss of the Opposition spokesman supporting this any service is unacceptable. initiative. If changes are required then it is In an effort to alleviate some of these reasonable that the program could and should pressures, the Minister appointed a ministerial be altered. advisory committee to address a range of Some authorities found it difficult to concerns with this unreasonable legislation. process the applications by the due date. It This took place in March 1996. The problem was deemed necessary to institute a that the current Government had to address moratorium—which the Minister did—from was the inflexible aspects of legislation that 1 March to 1 July 1996, but more confusion had no respect for small business. There was between business and the administering not a great deal of consideration at all, authorities increased the number of applicants particularly in the time constraints under which who were not eligible. Had the existing Act they had to act. The recommendations that remained in force, another application would were suggested by the advisory committee have been required and additional fees paid, reflected difficulties being experienced with the but the amendment allows for an extension of legislation. One of the proposals considered time for new applications since 1 March 1996. by the committee was for an amendment to A date of 1 January 1997 was nominated to the environmental management program to allow administering authorities time to tidy up 30 Apr 1997 Environmental Protection Amendment Bill (No. 2) 1157 the dealing with applications to make them any distance. There are proposals for a lawful. This period has now been extended to transportable unit that could shred these June 1997. containers to overcome this problem with their This amendment should rectify the volume. unrealistic expectations when businesses Paper is a product that has quite made application during last year. The whole successfully been recycled but, when this aspect of dealing with waste is an extremely continually occurs, the fibre shortens and new contentious issue. As closer settlement occurs fibre has to be introduced to maintain the and towns and cities get bigger, the problem strength of the article. Plastics are being will escalate. Businesses have been required recycled to a point where, if the specification to improve the manner in which they deal with can be met, the material can be incorporated their waste and provide safeguards in relation in high-quality piping. Low-grade material can to noise and drift from businesses such as be used in a range of polythene products. So spray-painting. There is a problem in that, in there is a range of variations that we can the past, a mixture of residential and business consider when introducing these plastics into workshops were considered to be compatible. different products. I am aware of an engineering works in Townsville that was established at some One of the main problems with recyclable distance from any other buildings except for a material is the cost of freighting it from the house, the occupants of which had no collection point to the recycling operation. concern with the engineering works' activities Some time ago, I approached the railways to at the time. However, the business's interest consider low-priority freight on empty wagons grew and the style of work taken on involved returning to Brisbane, where most of the more noise to a point where, over a number of recycling occurs. I hoped that a considerable years, friction occurred between the concession could have been provided to make engineering works and the adjoining the recycling operation viable. The material residence. To resolve the issue it was could have been left stored in railway yards necessary for the business to erect a wall that until empty wagons were available. This would cost in the order of $250,000 to abate initiative did not receive a favourable the noise and other activities being conducted. response. The other alternative was for the business to There is increasing difficulty in finding sites relocate, at some considerable expense, at a for landfill operations. In some cases the time when limited work was available for that rubbish may have to be transported some particular business. distance for disposal. Members have been There are other examples of how home- talking about Willawong. The Brisbane City grown businesses have sprung up in Council and the Government of the day really backyards and run into problems with did not have any qualms about making a neighbours complaining about their activities. I decision to take hazardous waste out to have been made aware of this situation quite Gurulmundi just out of Miles. They considered often. Many of them are only part-time it to be appropriate to send it to an area that operations, but they depend on their activities was well out of sight. The Murilla Shire was to supplement a wage. As I indicated earlier, heavily pressured to accept the treated in the smaller towns throughout the State material for a landfill operation which was close many of the small enterprises provide a to catchment areas of the town water supply worthwhile service to the community but have and at the headwaters of the Great Artesian difficulty complying with the requirements of Basin. There now seem to be problems with the current Act. the design of the evaporation ponds, which is causing concern to the community. In the past we have been dependent on landfill operations, but it is evident that, as a In the future, it will be necessary for society, we are generating increasing volumes Governments to make the generators of waste of waste and that other solutions for its responsible for the disposal of their waste disposal have to be considered. Recycling has products. I believe that that has been been seen as a panacea to the problem and, confirmed by most members of the House in some instances, it has assisted in turning during their contributions. It will have to be a unwanted products into useful entities. The cost and an initiative that is built into products cost of collecting, and the viability of producing to ensure that solutions are found to this a product that can be sold, is an issue that escalating problem. Technology will assist with business has to deal with. With material such the separation of effluent substances from as chemical plastic containers, the volume for sewage. Settling ponds, extraction of methane weight makes it unattractive to transport them gas and biological assistance are measures 1158 Environmental Protection Amendment Bill (No. 2) 30 Apr 1997 being used to purify water before entering the ground throughout the season. At the end waterways throughout the State. In many of the season it is stockpiled and dispersed in cases this water is being used for irrigation, a number of ways, firstly, into fills at the local which is proving a benefit where water is in council. Some has recently gone to Collinsville. short supply. However, the problem arises when farmers Private enterprise is providing services to become so upset about the amount of black pick up waste oil, acids and a range of waste plastic on their properties that they start to products generated by business. Materials burn it. It burns for some time and causes all such as waste oils are being used for bunker sorts of health problems with the inhalation of fuel, which benefits the firing of boiler stations. fumes. It also causes discomfort for those Many machinery repair based industries are people who suffer from asthma. using a dry management technique of dealing The problem has been dispersal of the with oil rather than allowing this oil to be black plastic. The previous Government did set carried away to the pits by water, then having up a committee within the department to the waste separated into its respective investigate that. I am not so sure of the status substances before being removed from the of that committee now. The proposals that premises. were put forward in the earlier stages when I It is important that the Government attended the first few meetings were that a provides the framework in the form of way be investigated for dispersal perhaps legislation that places no greater burden than through recycling, burning off in incinerators or is absolutely necessary on business. I believe bulking it to some place other than where it that members have covered that in a number was. The issue of bulking it and sending it to of their speeches. At present, businesses are Collinsville was a very expensive one and one finding it difficult, particularly small business. that the farmers were forced to pay. It became They are the generators of wealth, providing a a burden for them. In the end, it was unable to range of jobs for the community at large. So if be used. Occasionally a truck takes a load to we stifle their activities and make it too difficult Collinsville when otherwise it would return for them to operate, we will find that we have empty. The incineration at the coke works was many communities that have lost job also an issue in terms of fumes, and the opportunities. It is necessary for the workers became concerned about what was in Government to monitor waste management to the plastic. ensure that the relevant concerns are It was not until large streams of black addressed. I believe that the Minister is plastic were picked up at the mouth of the river making every attempt to do this in this heading for the Great Barrier Reef that serious legislation. It is a difficult area to work in. It is a concern was expressed by the local very necessary area. I am certain that, as we community, particularly by people in Merinda. go down the track in the future, changes will It was then also becoming an environmental be required and adjustments will have to be hazard to the reef. The issue still stands. We made to ensure that we have good, safe are not able to do anything with the plastic. It environmental policies for the State. is time to look at recycling. As the Minister Mrs BIRD (Whitsunday) (4.08 p.m.): I says, the committee is still investigating. It is my view that the distributors of the plastic have rise to raise a couple of issues within my an enormous role to play in recycling, or at electorate which have been of some concern least picking up the used plastic and then for some time and which, quite seriously, could disposing of the plastic themselves. Currently, have been attended to had we had people in mounds of it are all over the area of Bowen. It the field who were not only dedicated to their is also a problem for cattle. Graziers will be jobs but, indeed, had the time to peruse the aware that bits of black plastic do rot and get situation and determine the real issues. The into the grass, which is ingested, and the first, of course, is the issue of black plastic at plastic finishes up at the now-redundant Bowen. As members may well remember, Borthwick meatworks. We have to consider black plastic is used for water retention, as a weed inhibitor and to increase the value of what we are going do with the black plastic, crops. It gives a better colour to the tomato and we need to do that fairly quickly. and a better type of crop. The town of Proserpine has a sugar mill and a sawmill. In 1990-1991 the Goss Mr Rowell interjected. Government asked the sugar mill to install Mrs BIRD: No, it does not. It makes the some inhibitors in its chutes. That has been tomato shiny and red. It does create a better done at a cost of $1m. The black grit that was quality fruit. As members can imagine, farms pouring over Proserpine for years and which have tonnes of black plastic which they lay on was part of the charm of Proserpine has now 30 Apr 1997 Environmental Protection Amendment Bill (No. 2) 1159 ceased. The mill no longer causes a problem I point out to the Minister that these in that respect. However, the sawmill is amendments to the legislation are all very well causing a problem. With the cancelling of the and it is very good to have matters spelt out in sawmill contracts for hardwoods earlier in the black and white, but if regional Queensland nineties, the mill switched over to pine does not have people with qualifications, time, processing and gluing. That meant a whole space and energy to fulfil their obligations new process. The mill had to install other sorts under the Act, he might as well not have this of equipment. The mill is right in the town of legislation. I appeal to the Minister to ensure Proserpine. Of course, it was there before the that rural and regional Queensland in residential area built up around it. Now people particular have access to people who have have to cope with glue fumes coming out skills to assess circumstances correctly, to look through the incinerators, the smell of the at them from the perspective of the people waste pine pieces being burnt and the drying who live in the region and to implement some equipment pouring out fumes into the air. solid enforcement of the legislation that the I have had people from the department Minister introduces. down there to investigate those circumstances Mrs CUNNINGHAM (Gladstone) time and time again. They have come back (4.18 p.m.): I will make a couple of comments with stories such as, "There ain't no problem; on the intent not necessarily of the the noise isn't bad." I spent a weekend of amendment only but also of the Bill. The complete horror at the home of an elderly electorate that I represent is in a heavily couple who are residents in Telford Street. The industrialised area. Waste and waste driers were in use for the whole weekend. The management are very important issues. We stench and the sore eyes made it almost have a mix of products. Some of them could unbearable. As a result of the noise from the be a feedstock if we could get the right mix of sawmill, the elderly couples who live in that industry into the area in the future. One of the street have to keep their windows closed wisest environmental management tools for constantly to keep the noise out. Previously, our region would be to have good synergies in they suffered from the sawdust problems. Now terms of industrial siting and development. they have stinging and sore eyes from the glue. Eventually, we will have to give I listened to the comments of one of the consideration to moving that mill. The previous speakers in relation to Willawong and residential area around it is growing very, very Gurulmundi. I have visited both of those sites. quickly and we will have to move the mill. If honourable members want an experience in There is no other option, because people waste management sites, they should visit cannot tolerate what is happening, despite the Willawong. It is an eye-opener. The fact that the department continues to say that Gurulmundi site is very clean and very sterile, there is not a problem. Of course there is a but it depends on the process that is carried problem. out at Willawong to remain as clean looking as it is—on the surface at least. This morning I had a call from residents who live near the Aspley East State School. I believe that we have a push in my Their concern is mostly noise pollution. electorate to have an additional waste Apparently the school is having some disposal area established. I have opposed extensions built and the operators of that in the sense that the Gladstone City jackhammers and dozers are working from 6 Council is pursuing fairly strongly a landfill. I a.m. seven days a week. That is causing a believe that at this stage in the technology of headache for the residents whose properties this State we should have gone past that. At are adjacent to the Aspley East State School. landfills we bury the stuff for somebody to try I have contacted the Department of Public to fix in 20 years. I would hope—and I believe Works and asked them to do something about that we have the technologies—that we would that. That is just an indication of what happens deal differently with waste. when legislation is in place that is not pursued When Molly Robson was the Minister for or enforced. Environment she did quite a lot of work with I have outlined three problems: the the CSIRO on waste technologies—plasma burning of black plastic, and the legislation is technologies and other transportable quite clear that that is illegal; a mill sending out technologies. She had almost reached the unhealthy fumes and smoke, and quite stage of developing a pilot program for a obviously that is illegal; and a company not mobile plant that would go across this State complying with the restrictions on noise, and dispose of certain waste streams. That especially for Sunday and Saturday could be done environmentally safely. The afternoons, yet the legislation is not enforced. initial plan was to go up Mount Isa way. As 1160 Environmental Protection Amendment Bill (No. 2) 30 Apr 1997 there was no set spot for the plant to stay, compliance, they can get a little bit tardy. So if obviously it would attract transportation of toxic there is a policing mechanism in the legislation waste. As the plant was to be mobile, it could to ensure that compliance continues, that is of visit a region for three to six months, dispose great benefit to the community. of the accumulated waste and then press on. My only continuing concern is one about That was an excellent program. It was a which I believe the Minister has had some shame that when Molly Robson met her dialogue with the shadow Minister, namely, Waterloo, that program appeared to have also the change from three years of advertising to met its Waterloo. I would certainly encourage five years of advertising. I have some concern the Minister to see where that program is at. about that. In an industry that is creating The CSIRO was actively and very progressively environmental emissions, whether they be air- involved in that program. As I said, in 1997, borne emissions, liquid emissions, or when our communities are aware of such whatever, five years is a long time. I would be things as leachates and the cocktailing effect concerned that that extra two years could still of chemicals, we should not be considering be granted but in a more public manner. I am any new waste disposal methods that involve concerned about that extension. Three years the burying of toxic waste. is still four budgets to be able to get funding to I can understand the concerns that the do the retro-fitting or whatever is required. Just Minister is trying to address with this Bill, because it is three years does not preclude particularly considering the impact that the Bill the fit out taking longer; the Bill is just saying had on small business when it was first that if it is longer than three years, then it introduced. At that time, some of the small requires public advertisement. There is a great businesses in the Gladstone/Calliope area just positive to that. The community is its own did not know what to do. The financial impost watchdog. I do not mean that in the excessive on them to comply in a relatively short period sense but in the sense that if companies know was more than their businesses were worth. that the people of the community—the Many people said to me, "I am considering surrounding neighbours to that industry—are closing the door." Subsequent to that, there watching, they will tend to get on with the job. was a moratorium and those small businesses There are those business—not many—that received some breathing space to comply with would, given an extension to five years before some of the requirements. However, the Bill public notification was required, perhaps be a was a huge impost on people. bit tardy in turning their attention to the EMP. In relation to this Bill particularly, I would However, I think generally small business be interested to know whether any of the in particular will welcome some of the relief major environmental groups were involved in that the Minister is offering through this Bill. the consultation. Perhaps the Minister could For a long time now environmental issues tell me that in his reply. Those groups are not have been of primary concern to people. I included in the organisational list. It would be think that people are weighing up the interesting to hear what those groups had to difference between the ability for business to say about the proposal. When it comes to succeed and the requirement on business to the extension of time for deciding an be environmentally responsible. I think that the application from the environmental authority— expectations of the community are becoming again, administratively, that is understandable. very, very reasonable. I would hate to see the Some of the submissions are very complex. I extension of that three-year period to five hope that in authorising an extension there will years encourage a more lax attitude towards be a requirement to justify that extension. The environmental responsibility. I thank the House risk will be that the more complex or difficult for the opportunity. issues will be pigeonholed so that the Mr BEATTIE (Brisbane Central—Leader department or the officers could feel some of the Opposition) (4.26 p.m.): The Minister for justification in procrastinating. So the Minister is indicating that there will be some guidelines Environment prides himself on having established a ministerial advisory committee as to how and why applications or decisions under the chairmanship of his then acting on applications can be extended. director-general not long after the change of I commend the Minister for the proposal Government in February 1996. In the to create an offence to breach the conditions Minister's second-reading speech on this of the approval. That does not relate Environmental Protection Amendment Bill necessarily to small business or large (No. 2), he took further pride in enshrining the business, but human beings have a failing in recommendations of that committee in that once they are over the hill of the initial legislation. 30 Apr 1997 Environmental Protection Amendment Bill (No. 2) 1161

That is all very nice, but unfortunately it is backs, yet the Minister has the hide to come just not the case. We know that the into this place and speak glowingly of the work committee, to its credit, thwarted the worst of this committee. I saw the notice the Minister excesses the Minister and his Government sent out about the meeting. The Minister wished to inflict on the Environmental could not lie straight in bed on this issue, and Protection Act. The Minister set out to gut this he knows it. legislation. He made it known to all his That is not the end of it. Having failed to business cronies that he intended to neuter gut the EPA through this committee, in an this legislation so thoroughly that it would attempt to deliver a commitment to his never trouble them again. During the run-up to polluting mates the Minister cooked up a the July 1995 election, the Minister sold his whole new scheme called "conditional message so well that he even had coalition approvals". That particular scheme was not candidates putting in their election hand-outs much better than his attempt to reduce the list the claim that a coalition Government would of environmentally relevant activities, and it did go as far as to "scrap this Act". And scrap it not fare much better. The same level-headed the Minister tried. members of the ministerial advisory committee Mr Littleproud: Before when? took to it with gusto and have again curbed Mr BEATTIE: The July 1995 election. the Minister's worst excesses. What a ridiculous idea that was. All the applicant had Mr Littleproud: I wasn't the shadow to do was make a statutory declaration on a Minister then. piece of paper that the business referred to Mr BEATTIE: I am talking about the did not cause pollution, sign it, add an Minister's party. I assume that the Minister address, a cheque for $100, and post it off to does not disown totally the Honourable Doug his or her local authority and, hey-presto, a Slack, who at that time was the relevant licence—not for a year, not for 10 years, not Minister. for 20 years, but a licence for life. There were Mr Littleproud interjected. no inspectors, no monitoring, no auditing, no enforcement and no reporting. Mr BEATTIE: I see, the Minister wants to disown him. He wants to stab him in the The Minister is supposed to be interested back because he is not present in the in the environment. If that is not a doozey, I Chamber. That is fine. I thought there was do not know what is! It is like saying to some consistency. I knew there was a split anybody, "You just choose your own licence. It between the National Party and the Liberal does not matter whether you can drive a Party, but I did not think that there was a split vehicle or a D10. You just grab hold of it, send within the National Party. I thank the Minister in a cheque, say you can drive it and, hey- for informing the House of the split. I assure presto, down the road you go." The sheer him that he will hear more of it. audacity of this move defies belief. It is no wonder that the conservation movement, the Scrap the Bill the Minister tried. He tried to Greens, the Local Government Association of pare back the environmentally relevant Queensland and the Brisbane City Council activities that under the Act require licensing to took to it with a big stick. If I am wrong, why virtually eliminate a whole raft of polluting have all those groups come out and attacked industries from environmental scrutiny. Thanks the legislation in the same way that I am to the more level-headed members of that attacking it today? If I am wrong, why do they committee and their desire, unlike the Minister, agree with me and disagree with the Minister? to drag Queensland into an environmentally Perhaps in his reply, the Minister will be kind aware 20th century before we move into the enough to tell the House why. 21st century, he did not get away with it. The Bill deserved to be belted, and belt it The Minister has a hide to continue they did, yet what did we get from the trumpeting the achievements of this blundering, blithering Environment Minister? committee when it is common knowledge that Another backdown, and he has had a few! it would not do his dirty work for him. Quite This is another one to add to the ever-growing rightly, the committee did not give the Minister list that includes Park Pass, kangaroo shooting what he and the National Party wanted. The and oil and tyre levies. Now we have a new Government has been blasted from pillar to one: conditional approvals. The Minister does post throughout Queensland for failing to have a fine record. I think that he leads the deliver on its ill-conceived election promises. Ministry when it comes to backdowns. I think Recently in Pine Rivers, meetings of he is a neck ahead of the rest, and I have to small-business operators continued to criticise say that that is some achievement because the Minister for not getting the EPA off their he has a lot of clowns behind him. 1162 Environmental Protection Amendment Bill (No. 2) 30 Apr 1997

Thankfully, we will now see the a role these EPPs were clearly designed for requirements of the Local Government when Labor drafted the Environmental Association of Queensland and the Brisbane Protection Act in 1994. City Council such as incentive licensing, risk To give the House an example, in our assessment, on-the-spot fines, compliance negotiations with Mount Isa Mines over the guidelines and, hopefully, environment proposed amendments to its special protection policies or EPPs put in place before agreement Act the company stated that had it conditional approvals become law. While on examined the use of the EPP provisions of the the subject of EPPs, I make an impassioned Act to achieve the certainty that it needed. plea to the Minister. While there are sections However, in all fairness to its shareholders, it of the Bill that we can live with, the precious could not do this due to the fact that the time of the Parliamentary Counsel could be provisions were an unknown quantity. Not one much better spent finalising these policies, was in place and, as such, no critical which were well advanced at the time of the assessment could be made of their capability, change of Government but which have effectiveness or limitations. languished ever since to the environmental detriment of the State. These policies have Industries' use of the EPA is being languished so badly that we now have highly severely limited by the Minister's inaction. experienced officers of the Division of Whilst the Minister continues to delay the Environment tendering their resignation in introduction of these measures, the more disgust at the Government's inability to get requests he is going to receive for special even one of these policies to Cabinet. When is legislation to give industry the certainty it there going to be some priority about needs to invest and expand. What needs to environmental issues from the Government? be remembered in terms of the debate about The best we have seen so far is a National Mount Isa Mines is exactly where the Party policy committee sidetracking the water negligence and problems started and where EPP for further consultation. Would you not responsibility rests; it rests with the Minister. love to be a fly on the wall at those meetings! Similarly, the Minister must make far more The National Party debating an environment use of the environmental management plan protection policy—the National Party would not provisions of the Environment Protection Act. be capable of spelling the words let alone These plans give industry the breathing space comprehending their content and, indeed, it needs to move from a position of non- intent and need! Queenslanders need compliance to one of compliance by giving it environmental standards spelt out, and spelt time to do so with the required protection from out clearly. the punitive provisions of the EPA. These I cannot understand where the Liberal plans, like the EPPs, have the ability when Party is in relation to these environmental properly used to again give industry the issues. At least in the last 20 years the Liberal certainty it needs in meeting the Party has sometimes raised concerns about environmental requirements of the day while environmental issues and not often, but maintaining its operations as an ongoing occasionally, even heritage issues. I recall financial entity. That is important to industry if Terry Gygar, a former Liberal member for we are going to have growth, development Stafford, had a view on the demolition of the and jobs. Bellevue Hotel. However, it is only an The Minister's plans to extend the public occasional interest. Under the leadership of scrutiny provisions of the EMPs from three the Deputy Premier and Treasurer, Joan years to five years requires a proclamation of Sheldon, we get no leadership from the the third-party, appeal-rights provisions in the Liberal Party on environmental heritage issues EPA to make them fully effective. I call on the at all. Government to do this as soon as possible, Queensland needs the three basic both as a sign of good faith to match the two- environmental protection policies of air, water year time extension and to give environment and noise. Without them, both industry and protection in the State the added impetus that local authorities are operating in a vacuum. will further protect our internationally evolving They need the direction that these EPPs will clean, green image. give. These three basic EPPs are needed I note the Minister's need to amend the most, not the EPPs on oil and mining, not the EPA to rectify the mess he created when he EPPs on the Brisbane River and not the EPP placed all environmental authorisations on on waste. Without these three basic EPPs, the hold for a four-month period from 1 March Minister is not going to get the support of 1996 to 1 July 1996 while he set about his industry to enter into EPPs on other subjects, devious plan to dismantle this most important 30 Apr 1997 Environmental Protection Amendment Bill (No. 2) 1163 piece of legislation. The Bill is more about the the environment but also some lead to Government's inability in the dying years of the industry about growth and development. It is 20th century to grasp the realities of modern- about a sensitive balance. We can have a day environmental thinking. It is more about sensitive balance. The Minister does not an admission by the Government that it simply have to kowtow to every one of his cannot meet the rabid calls of much of its white-shoe brigade mates simply to please consistency, but the environment is no them. passing phase. It is now mainstream thinking I urge members to think carefully about in Australian society and it is here to stay, and an amendment that will be moved at the industry and business are part of that appropriate stage by the Opposition mainstream thinking. Businesses want industry spokesman for the Environment. When he to grow, they want jobs and they also want to becomes Environment Minister, I look forward be environmentally friendly because it is good to seeing some sensible environmental for their corporate image. We do not need to policies. turn back the clock, as the Government is intent on doing in so many areas simply to Hon. B. G. LITTLEPROUD (Western please a few white-shoe brigade mates. Downs—Minister for Environment) (4.41 p.m.), Mainstream industry does not have a problem in reply: I wish to make a couple of general with sensible environmental regulation, comments about the debate before I talk provided there is some certainty, guidance about some of the specific issues raised. and direction, and they certainly have not got Firstly, it is pretty apparent from the that. The Government is going to have to contributions of members that, with the accept that and learn to live with the need for exception of one issue, there is general environmental protection, and it needs to learn support for the three issues in the legislation. to live with it politically. I have already spoken privately with the In the area of the environment the Opposition spokesman, the member for Government has nothing short of a disgraceful Everton, about the point that he raised about record. Bearing in mind the role played by the public disclosure. I am sure that that was former shadow Minister for the Environment, never the intent of the ministerial advisory Doug Slack, who went out and deliberately committee. The recommendation came from wooed particularly the Greens and also the it, and most of those people who are now environment movement prior to the 1995 members of the Environment Protection election, those groups have got nothing out of Council representing industry were members the commitments that were given by members of the ministerial advisory committee. I have opposite when they were in Opposition. The given an assurance to the Opposition Government has betrayed the people who spokesman and the member for Gladstone supported it or who believed that it had a that I am prepared to go back to the commitment to the protection of the Environment Protection Council of environment. They were betrayed in a most Queensland with the concerns raised. shameful way by the Government when it I wish also to refer to the notes provided came to office. The Premier did not allocate to me by my staff. Regardless of this the portfolio to Doug Slack who had given amendment, the environment management many of the commitments; it was allocated to programs have always been able to be this Minister, Mr Littleproud. That was a approved for longer than three years. There betrayal of faith. The Government then very was no maximum limit on an EMP's length in deliberately moved away from the the legislation that the previous Government commitments that were given; it also removed introduced in 1994. Secondly, the public funding from the Environment Department. notification provisions applied only to the The Government has set about neutering the length of time that a proposed EMP was to department. run, and that is what has been changed. If the Minister thinks that the environment Thirdly, if a proposed EMP is to extend for has disappeared as a political issue, he is longer than five years, it will undertake public wrong. If he believes that in the lead-up to the consultation on the draft EMP. next State election his failure to deliver on Having said that, I will make another policies will be ignored and will not be followed general comment. I have noticed that the up by environmental groups or the Opposition, debates we have had in relation to legislation he is wrong. If the Minister believes that he will under this portfolio in the last 12 months have not lose votes because of his behaviour in become much more mature. Rather than Government, he is wrong. This is all about a having a slanging match, we have tended to sensible balance to give not only protection to get down to finite things that need to be 1164 Environmental Protection Amendment Bill (No. 2) 30 Apr 1997 addressed, as opposed to taking extreme impact that the licensing provisions of the stances. One exception was the Leader of the Environmental Protection Act were having on Opposition's reading from a prepared text. The the business sector. When we came to power person who prepared that text was obviously in February last year the phones rang hot, more on about theatre than fact. That did not because on 1 March these provisions were to do much for the debate. However, some be fully implemented and literally hundreds points raised by members on both sides of the and hundreds of business people across the House were very relevant. Some touched on State were knocking on the doors of local matters other than those contained in the Bill. government. Local governments rang up and I will make some brief comments about those said, "You have to give us some relief. We matters, but I think I owe it to the House to talk cannot possibly process these people. Give us mainly about the comments on the Bill. some relief." It was not a matter of confusion; The member for Everton mentioned that it was a matter of answering a cry for help. 103 recommendations were made by the I then received pretty good advice that we ministerial advisory committee. He said that should create this ministerial advisory the ministerial advisory committee refused to committee. It served a great purpose. depart from the real intent of the Probably the best thing that has been done in Environmental Protection Act. That is quite so. respect of the environment in Queensland for I wrote down a set of guidelines for it and, many years was the introduction of the above all else, the first was that it should have Environment Protection Council of regard to the Act and its integrity. Members on Queensland, which consists of people from both sides of the House recognise that it is the conservation side, the business side and necessary; it was just a matter of making it the Government, all of whom are working practical and fairer. That would also negate together. It is a real clearing house of ideas. It the comments made by the Leader of the is because of those people that we are taking Opposition, who came in here and treated us these proposed EPPs. to a lot of theatre. It was never the case that I When the issue of the EPP licensing tried to gut it. provisions came up and I received 102 The first term of reference was to maintain recommendations for change, I clearly got the its integrity, or words to that effect, and to go message that there was something wrong with about making changes that were fair and them—a lot wrong. Bearing that in mind, when equitable. The member for Redlands said the issue of EPP Water first arose and we quite correctly that 33 of the 103 started to read through it, we could recommendations have been implemented. understand straightaway that, while it was very This Bill brings in another two and, of the good in concept, applying it would be a balance, quite a few are already being nightmare, just like the licensing provisions implemented. By their very nature, they will under the Act. require further negotiation with various bodies Similarly, when the issue of EPP Noise and other Government departments. It is an arose, we had people from north Queensland ongoing process. To state that nothing has pointing out that the household airconditioner been done since the committee reported at of the next-door neighbour was going to be in the end of May last year is quite fallacious. violation, and all sorts of things. The same It is also unfortunate that, because of the thing happened in respect of EPP Air. amount of legislation that the Government However, in the next couple of weeks the EPP wished to bring into the House, although the Water will be delivered. It will take a little longer legislation before us was introduced in 1996, it than that to get EPP Air and Noise through. could not get onto the agenda to be debated We are progressing with EPP Waste, which is and we have had to come back to make some also needed desperately. I would surmise that, alterations to the Bill, for example, changing while the concept of the Environmental dates. It has been acknowledged by the Protection Act and the whole suite of member opposite that he understands why subordinate legislation that hangs off it is a that is the case. However, I can assure him good idea, it is a matter of taking the public of that progress is still being made. Queensland step by step so that they can There was also comment about the digest and live with it, having due regard to environmental protection policies on water, air, environmental responsibilities and social and noise and waste. I want the member to economic considerations at the same time. understand that in the six months prior to the In his concluding remarks, the member for last general election there was enormous Everton said that the Environment Department angst in the business community about the no longer has the right of veto. That is one of 30 Apr 1997 Environmental Protection Amendment Bill (No. 2) 1165 the main things that was wrong with the Goss large local authorities across Queensland—the Government. There was an excess of power 15 big ones, which are already geared up and things were viewed more in terms of the under a budget because we paid all the environment rather than in terms of a whole- licence fees for them in the first year to give of-Government approach. them funding to get up and running—in terms Mr Welford: What rubbish! of incentive licensing does not appeal whatsoever to many of the small communities Mr LITTLEPROUD: My word it was! I west of the range or the small towns up and defended my Premier this morning when he down the coast. was saying that we have every right to implement the policies that we went to the I take my hat off to the many local people with. Those policies are whole-of- authorities which recognised just how much Government decisions. There are still impact this was going to have on the viability excesses in my portfolio. For example, I refer of their local economies. They took advantage to what would seem to be the right of veto of of the provisions included in the Bill by the these people who are singularly interested in a previous Government which allowed for the certain issue without giving due regard to waiving of fees in circumstances of hardship. others. When we sit around the Cabinet table, They have been lowering the fees so that they my fellow Ministers and I give due regard to do not impact unfairly on local small environmental matters and my colleagues will businesses. In some places there is a licence back me up. However, the decision we make fee of $80. That is accepted by the people in the end is a considered one which takes far paying it and the local authority, and they are more than that into account. budgeting accordingly. However, there are some other councils in Queensland which did The point was raised that the Opposition not fully understand or investigate the Act. would call for a consolidated Act. I am advised They imposed the maximum fee prescribed by that on 6 June 1996, not long after we the Act, and that is what has caused the debated the last Bill in May, a consolidated angst. Act was put together and on 27 September a reprint of the regulations was made available. It has been mentioned by various people For some reason or other, the Opposition that there has been a lack of information does not have them, but they have certainly going out to the community. I wholeheartedly been available. agree. When I inherited the Act, it was pretty obvious that many people did not know Both the honourable member and the enough about it, especially the local Leader of the Opposition spoke about authorities. Something like $300 per council conditional approvals. Conditional approvals was spent on putting together a training kit. are one of the recommendations put in place There have been various seminars going on. by the ministerial advisory committee, along Depending on the size of the local authority with others. I was attracted to that and perhaps on the commitment of the local recommendation because in Queensland authority, there are varying degrees of about 15,000 businesses are caught up in the understanding of how best to apply it. That is licensing provisions of this Act, whereas in an ongoing issue that has to be addressed. Victoria, under somewhat similar There was also some misunderstanding on circumstances, about 5,000 or 6,000 the part of the business people themselves. businesses have to carry a licence. Surely The larger firms which have an environmental there had to be some imbalance. It was worth division or office within their enterprise very while giving consideration to a quickly came up to speed. As various people recommendation from the ministerial advisory have said, it is in their corporate interest to do committee to look at that. the right thing, and they are willing to do it so I can advise the House that one of my long as they have certainty. They appealed, officers who would normally be sitting in the though, for an extension of time to better fit in advisers' box today is chairing a meeting with with the taxation provisions. I think that is the Brisbane City Council, other local covered in this particular Bill. On the other governments and my department to consider hand, there is the small bloke out there who the implementation of incentive licensing and works six days a week, 10 hours a day and conditional approvals. It will probably be then goes home and starts to read all the red somewhat of a hybrid of the two, because the tape coming from Government on Saturday Brisbane City Council already has what it calls night and Sunday morning and tries to green licences under which there are understand it. He got a bit uptight when he incentives for those people who perform best. found the part at the bottom that said, "You But it is a long process. What appeals to those may be up for a fee of $500." That is where 1166 Environmental Protection Amendment Bill (No. 2) 30 Apr 1997 the angst has come from, and it is still out into lengthy details on that issue now, except there. I am going through the process to to advise those members that there is a overcome it. This will not be the last time we realisation now that Brisbane City Council has come back to shape up this Act. carried probably an unfair burden for quite a The previous Government took a pretty number of years. I am well aware of its request brave step. It tried to encompass all the to close Willawong. The Lord Mayor and I controls we had on noise and air and water spoke about two weeks ago. We are going to have further talks to work out where we can pollution under a brand new Act in this suite of go. The move now is towards regional land fills conditions. It was put together, but it still and regional waste management. South-east needs refinement. I have made a statement Queensland ROC is one of those. Far-north saying that I am trying to be a practical sort of Queensland ROC is probably the best Minister. We will eventually achieve it. The organised to date. But certainly we are moving EPPs for water, air and noise pollution are on that. Gurulmundi and Willawong have to be almost ready now. Something like nine tied together. The private sector is playing a months have passed. We have been bigger role all the time. More and more of backwards and forwards talking to the them now recognise that it is a business. Environment Protection Council of Those who generate the waste know that it is Queensland and taking its advice. It is not the costing them money and they are reducing case, as the Leader of the Opposition would insist, that we have tried to gut the Act. We the amount of toxic waste and regulated have been talking to those people who are waste they generate, but there are still some representative of all the stakeholders. We at the hard end who generate excessive have been talking to my departmental people. quantities. The private sector knows it can Yes, we talked to my policy committee, make a quid out of it if in fact it learns how to because we are the Government and we destroy it or convert it or reuse it. promised the people of Queensland we would Mr Ardill: Or tip it down the drain. do it our way. I hope that the versions of these Mr LITTLEPROUD: We have to catch three EPPs that we put out in the next month those sorts of people. But there is still or two will be in a far more acceptable state something at the top end, the hard end, that than those proposed by the previous is the really difficult part for both the Brisbane Government. We will still probably find some City Council and myself to address. I am out hiccups and a few sore points, but I think they there consistently asking for updated advice. will be in a much more acceptable state than Sometimes I get conflicting advice because the licensing provisions that were introduced some people in the private sector will promise by the previous Government in March last you the world; when you ask other people who year. do not have a commercial interest about their I have spoken about the sleeper clause. capacity, they express some doubt, and so I The member for Whitsunday referred to black have to be rather careful as to what can plastic. happen. I have some sympathy for the Lord Mayor, Jim Soorley, and the Brisbane City Mr Palaszczuk: Let's vote on it now. Council, and I have a lot of sympathy for the Mr LITTLEPROUD: She has left the people of Gurulmundi in the Murilla Shire who Chamber, but I can inform the House that we have had the Gurulmundi toxic dump foisted have been working on that. There is a on them. It is an issue that needs careful committee headed by the DPI which has to consideration. I am on record—and I will say it come up with a proposition on how to better here again—as saying that I will close that handle waste plastic. It is a big issue dump when I am satisfied that I no longer environmentally and it is a big issue in terms of need it and that I can do everything else cost of production. We have to do something responsible as the Minister, but until that time about it. A line has been drawn in the sand. arises I just have to keep it going but make The committee has to come up with a sure that it operates correctly. There was some proposition a bit after halfway through this sort of concern in January and February year. Trevor Perrett will be reporting back on because of the heavy rain, but I was given that in his own way, but I was given an assurances both by the Brisbane City Council undertaking by the fruit and vegetable growers and my staff that it did not fail. The facility is that they would comply with that. not operating to the optimum level because there is an argument over the capacity of the The member for Gladstone and the evaporation ponds and their capacity to deal member for Archerfield referred to liquid waste with heavy rain over a prolonged period, but and Willawong and Gurulmundi. I will not go that is still subject to negotiations. 30 Apr 1997 Environmental Protection Amendment Bill (No. 2) 1167

The member for Archerfield commented DISTINGUISHED VISITORS on after-hours contacts. Yes, they are still out The CHAIRMAN: Order! I would like to there. Quite a few of those officers who were acknowledge the presence in the gallery of a operating in that way under the previous visiting delegation from the Nanjing Government are still in our department and Polytechnic. they are still out there, and I would hope that they are active. There was comment made by Honourable members: Hear, hear! the member for Bulimba earlier today on the same issue. I am having that investigated. ENVIRONMENTAL PROTECTION The issue of third-party appeals was AMENDMENT BILL (No. 2) raised by the member for Currumbin. The third-party appeals still have not commenced. Committee The previous Government did not commence Clause 1, as read, agreed to. them because it thought it would wait until Clause 2— such time as its PEDA Bill came in. We think it might be wise for us to hold off until an Mr LITTLEPROUD (5.01 p.m.): I integrated planning Bill comes through. It is move— still under consideration, but we are following "At page 4, line 6, 'January'— the same things members opposite—— omit, insert— Mr Welford: You promised to introduce that, didn't you? 'June'." Mr LITTLEPROUD: We did not say Mr WELFORD: There are two points I when—as did the previous Government. If the want to raise about this clause. Firstly, during Labor Party can defer under the PEDA Bill, I the second-reading debate I raised the query can defer under this. about what this clause is supposed to do. The Minister will recall that I referred to the Mr Welford: We were open about it. Explanatory Notes, which seem to suggest Mr LITTLEPROUD: There is nothing that this clause was supposed to refer to the more open than saying it now. commencement of the Act. It talks about, in In conclusion—I thank members for their fact, the commencement of the operation of contributions. I say sincerely that it was a clause 13. Of course, clause 13 relates only to better debate because we talked about the the transitional provisions. It certainly makes substance rather than extremes. We got down sense that those amended transitional to the substance of the issues, except for the provisions should take effect from 1 June, as it Leader of the Opposition, who came in with is now if these amendments go through, but it prepared text and presented a bit of theatre. is not clear when the Act itself will come into Mr Welford: Excellent speech, by the operation. What is supposed to be a way. commencement clause does not make any Mr LITTLEPROUD: Presentation—10; reference to when this amending Bill will take material—about 4. He was lacking on real effect. Normally, in a commencement clause facts. But I would hope that the spokesman or a clause headed "commencement", some for the Opposition understands my assurance reference is made to the Bill commencing on that I will take the issue of public disclosures the day of proclamation, assent or whatever. back to the Environment Protection Council There is no reference in this Bill at all about and my department for consideration. There is that. I assume it will commence on the date of certainly not an intent on my part to weaken assent, but that needs to be clarified. the public disclosure provisions, and I do not It also needs to be reiterated that the six- believe that was the intent of the ministerial month change resulting from the amendment advisory committee which made the which the Minister is now moving is a further recommendation. I give the member that delay in the finalisation of approvals, whether assurance. I recommend the passage of the they be licences or other forms of approval. Bill to the House. Notwithstanding the attempt by the Minister to Motion agreed to. dismiss the comments of the Leader of the Opposition as being theatre, the reality is that the moratorium that the Minister conjured up Committee on first coming to office has come back to Hon. B. G. Littleproud (Western haunt him and has caused not only the Downs—Minister for Environment) in charge of confusion out there in the business the Bill. community, about which the Government Interruption. members so loudly crowed before the last 1168 Environmental Protection Amendment Bill (No. 2) 30 Apr 1997 election and on which they went to the With regard to claims of confusion, I can election seeking political kudos on the basis tell the honourable member that I have got that this wretched piece of social engineering people in that Environment Protection Council would be brought undone, but also the of Queensland who represent small business moratorium was used as a device to try to buy and big business, and they are not expressing time to work out how the Government would to me any concern about our intent to make meet the unrealistic commitments it gave to the legislation more workable, neither are they certain sections of the business community. expressing concerns that they are confused; they just understand the process I have to go This has now caused the Government through and the process of this House. The even worse problems with the business Bill was before the Parliament before community and administering authorities Christmas. We have had to make some because it has had to make repeated amendments because it is now after amendments to allow repeated extensions of Christmas. That it is why the date has gone time within which to consider applications for from January to June. The Opposition various approvals. It needs to be recognised understands that process. Regardless of what that, although we will not divide on this the Opposition says, it well understands where particular clause, this clause in the amending we are at and what we were doing. Bill and the amendment to the clause that the With regard to the wording and lack of Minister has now moved have occurred only clarity, the Parliamentary Counsel and my because the Minister has been party to his department say that clause 2 indicates that Government's attempt to find ways to the Act commences on assent, except for undermine this legislation—an attempt which clause 13 which now commences on 1 June has failed precisely because anyone seriously 1997. If that was not clear, I can tell the concerned about the environment, including honourable member those are the words those people who have a genuine approach coming from the Parliamentary Counsel, which to the issues in business, has told him that the comes from looking at the Bill itself plus the legislation should continue to operate fully and amendment. effectively. Mr WELFORD: I thank the Minister for He should not try to water it down; he that clarification in respect of clause 2 and should not try to cut out ERAs, but still the acknowledge his current commitment to the Government continues to try to find ways to Environmental Protection Act, which the achieve what it says is a relieving of the previous Government introduced. The burden, but which, at the end of the day, will acknowledgment of the Minister is somewhat achieve one of two things. It will either result in belated because, before the last election, it more environmental harm going unmanaged was the then Opposition's position that it and the environment remaining unprotected or would not have a bar of this legislation. It ran result in the department and other local up and down Queensland criticising, bagging government administering authorities not and bucketing this legislation and all its having the resources to properly ensure ramifications. I acknowledge that the compliance with the legislation which this Minister—and I hope he is genuine in his Minister says—now that he is the Government assertion—now supports the central tenets of spokesperson—that he actually supports. His this legislation. He would be absolutely mad problems started with the previous not to because, without this legislation, without spokesperson, Mr Slack, and his problems are heading down this path of improved continuing in his attempt to try to patch over environmental management and protection, the gaping hole in the credibility of the all the things that underpin the quality of the promises that Mr Slack made to everyone life of Queenslanders are put at risk. It is a before the last election. pretty vain attempt by the Minister to say that the Government somehow was always in Mr LITTLEPROUD: I have to say again support of the legislation. to completely refute the accusation made by I knew that the terms of reference of the the spokesperson of the Opposition that the ministerial advisory committee said that "the coalition is not trying to water down or discard committee will have regard to the legislation". the Environmental Protection Act. I summed The terms of reference did not say that the up the second-reading debate by saying that committee must maintain the integrity of the the terms of reference insisted that the legislation or had to guarantee the integrity of integrity of the Act should remain. I was trying the legislation. I noted specifically what the to make it equitable, fair and practical, and wording said at that time early last year; it was that still remains the case. cast in the broadest possible terms so as not 30 Apr 1997 Environmental Protection Amendment Bill (No. 2) 1169 to give any indication to anyone who might motivation behind this. As I pointed out, the read it that the Government was, in fact, report of the previous committee gave us no behind this legislation. The Government was guidance as to the basis upon which that still out there bucketing the legislation as an recommendation was made. evil piece of social engineering established by As I mentioned during the debate on the the Labor Party which it was going to do second reading of the Bill, there may well be something about! What did it do about it? It sensible and powerful reasons for the established a committee which came back amendment. However, although the and advised it to keep the legislation! That is amendment is there, on its face it does the basic fact. present potential problems in terms of the I think a body such as the Environment extent of environmental harm that is being Protection Council of Queensland, which has tolerated. On its face it provides for a now been established, has some merit and I weakening of the existing legislation, a do not criticise the Minister for establishing it. weakening of a kind which the Minister says But, because of the feedback that I am he would not in general principle support. So I getting, I think he had better have a close look believe that it is appropriate that it go back to at it. Because of the body's size apparently the Environment Protection Council. But if it is the Minister, his staff or his department will not going back to that council for its consideration, allow any representatives of the nominees to why are we proceeding with it now if, as a come along on their behalf so, if someone result of the council's advice, we have to come cannot make it to a meeting, they are locked back with another amendment to remove it? out of the process. That and the size of it may My suggestion is that we should not have meant that, in some of its deliberations, proceed with this amendment pending the it has been unwieldy, cumbersome and very council's advice. If the council confirms the difficult in actually providing the Minister with advice and comes up with appropriate reasons prompt advice. for it—reasons which would satisfy both sides When one looks at the agenda of issues of this Parliament that it is an appropriate that the council dealt with in its report, one amendment—then we could all agree on it. cannot say that it is a heroic list. In principle, I But given that it is going back to the am not criticising the council or any of its Environment Protection Council, it does seem members. However, I would be careful about to be premature to opt for the amendment crowing about how brilliant an operation or before the council has a chance to deliberate outfit it is, because it does have its own on it. For that reason I believe that the Minister problems at the moment. But otherwise, in should take on board my suggestion that this respect of clause 2, I thank the Minister for the clause be held over until the council has had a clarification. chance to consider it. Amendment agreed to. Mr LITTLEPROUD: I will refer again to comments provided by my staff. In relation to Clause 2, as amended, agreed to. section 85 (1), we are making the alteration Clauses 3 to 9, as read, agreed to. from three years to five years. So the only Clause 10— thing in contention is that period from three years to five years. With anything over five Mr WELFORD (5.10 p.m.): Clause 10 is years, the person or public authority must give the clause to which I paid most attention public notice. So it is only that small period during the debate on the second reading of that is of concern. I ask members to bear in the Bill. That was quite deliberate, because I mind that, regardless of this amendment, have significant concerns, which the Minister environmental management programs have acknowledged, in relation to the effect of always been able to be approved for longer clause 10. The Minister advises me that than three years. There is no limit on the although he is not aware of the basis upon length of an EMP under the Act which the which the first ministerial advisory committee previous Government introduced in 1994. The recommended this change, he will take the public notification provisions apply only to the issue back to the Environment Protection length of time that the proposed EMP is to Council of Queensland, given that a number run. This is what has changed. Probably more of members who were on the previous MAC importantly, if a proposed EMP is to extend which reviewed the Environmental Protection longer than five years, it will require the Act are now on the Environment Protection applicant to undertake public consultation. So Council. I thank the Minister for doing that. I if it is over five years, that provision is going to believe that it is appropriate to have the apply. The EMPs are already out there on council review precisely what was the public notice, and people always have access 1170 Environmental Protection Amendment Bill (No. 2) 30 Apr 1997 through the department or the licensing of these EMPs? What sort of environmental authority to look at the EMP. I believe that the harm is being allowed to occur without public intent is still there and there is no need to notice as a result of this extension? None of delay it, because it would detract from the that information is available to us. impact of the Bill. If we agree to this amendment, we are Mr WELFORD: There are two points agreeing to the denial of public notice of that I should make. Firstly, I understand what potentially significant environmental harm the Minister's adviser is saying in respect of without any basis for making that decision. All I the length of EMPs. During this debate there am saying to the Minister is: I will give him a was a bit of confusion amongst other rails run on every clause in this Bill because, members who thought that we were allowing after all, they are only amending clauses, and what was previously a maximum three-year missing one is not going to make an period for EMPs to be expanded to five years. enormous difference. If the Minister says that I accept that that is not the case. EMPs can he has a powerhouse future program of be any length one likes. They can be for 10 reform of the environmental protection laws of years, or whatever is appropriate. That is why I the State, then he can bring them on as soon have supported in this amending Bill the as possible. However, if any change is going proposition that we allow the amendment of to the Environment Protection Council—a EMP approvals. Obviously, the longer the course which I wholeheartedly support—then I period of the EMP, the more appropriate it is see no reason to rush that change right now. likely to be that there be an amendment Mr LITTLEPROUD: For the benefit of halfway through as technology and practices the Committee I will read MAC change. recommendation 76, which states— I have no objection to the proposition that EMPs can be any period one likes. That is "That the Act be amended to require accepted. However, what I am saying is this: the public notice for Environmental there must have been some reason for the Management Programs to be changed advisory committee—the first MAC—proposing from three years to five years and that that the length of EMP for which notice was changes to Environmental Management not required to be made public should be Program conditions be allowed to take extended from three years to five years. That advantage of processes that will enhance means that there may well have been a whole environmental outcomes." batch of environmental management In the second-reading debate today it has programs which needed to have periods been stated that that relates to taxation longer than three years—perhaps five depreciation schedules and similar benefits. years—which previously would have required The advice coming to me from my department public notice to be given of them. We do not is that the legislation remains unchanged in know what proportion of all EMPs that that the administering authority has criteria particular batch of EMPs represents. The that must be assessed in granting any Minister says that it is only a short period: EMPs—I mentioned before that there is still between three years and five years. However, disclosure; it will not be a public notice, but we do not know what proportion of all EMPs people will have access to it—to ensure that that period represents. For example, it would environmental harm is minimised during that be very unlikely that we would have an EMP period of the EMP. I ask honourable members over one year. If that was the case, we could to be supportive of this provision. Further just about have a licence with an appropriate legislation will be introduced into the House in condition. terms of other matters relating to the If the EMP is going to be worthwhile at all, Environmental Protection Act. Subsequent to it is going to be at least two or three years the discussions that I have with the long. Previously we said that, if it is over three Environment Protection Council, we will correct years, public notice of it should be it then. In the short term, I can assure given—everyone should get that. The advisory honourable members that we are out there committee has said, "Let's make it five years." monitoring it. The advice is that the legislation Maybe we can make it five years, but we do remains unchanged. not know how many EMPs of a length Mr WELFORD: The Minister needs to exceeding three years but not more than five understand the distinction between having years should be given public notice of. What EMPs publicly available for scrutiny and sort of EMPs are we talking about? What sort anyone knowing about them. It is one matter of activities are we talking about? What level to say that all EMPs are available for scrutiny of risk are we being exposed to by the length at the relevant administering authority if 30 Apr 1997 Environmental Protection Amendment Bill (No. 2) 1171 people want to go along and comb through method by which they are accessing it that is the hundreds or thousands of them that there in question. I am prepared to stick with what I may be in some of the larger local authorities; have. If a change is recommended by the it is quite another matter to say that anyone Environment Protection Council—and I have knows about any particular one or two that taken on board what the member has said—I might be problematic. The whole point of will amend the legislation next time round. inserting the notice provision was to give some Question—That clause 10, as read, protection to communities. It was not just a stand part of the Bill—put; and the Committee case of Big Brother, a big stick, coming down divided— heavy on business or imposing an unnecessary burden, it is about letting local AYES, 42—Baumann, Beanland, Borbidge, Connor, Cooper, Davidson, Elliott, FitzGerald, Gamin, communities have a right to know. I am Gilmore, Goss J. N., Grice, Harper, Healy, Hegarty, concerned as a matter of principle that, if one Hobbs, Horan, Johnson, Lester, Lingard, Littleproud, or two larger polluting industries located in a Malone, Mitchell, Perrett, Quinn, Radke, Rowell, community apply for an EMP, that is now Santoro, Sheldon, Simpson, Slack, Stephan, going to be for a period of five years. They will Stoneman, Tanti, Turner, Veivers, Warwick, Watson, not have to come up to standard in three Wilson, Woolmer. Tellers: Springborg, Carroll years; they are going to be given more time to NOES, 43—Ardill, Barton, Beattie, Bird, Bligh, pollute before they meet the required standard Braddy, Bredhauer, Briskey, Campbell, Cunningham, than they might otherwise be given under the D'Arcy, De Lacy, Dollin, Edmond, Elder, Foley, existing law. We are weakening the public Fouras, Gibbs, Goss W. K., Hamill, Hayward, Hollis, notice requirement for them. They are getting Lucas, McElligott, McGrady, Mackenroth, Milliner, a better deal in terms of their EMP and the Mulherin, Nunn, Nuttall, Palaszczuk, Pearce, Purcell, community's awareness of it than they would if Robertson, Rose, Schwarten, Smith, Spence, Sullivan J. H., Welford, Wells. Tellers: Roberts, they were complying with the existing law. Sullivan T. B. Obviously, some of the polluting industries Pair: McCauley, Livingstone have said, "We don't think we can get up to speed in three years. We want to get up to Resolved in the negative. speed in five; but hell—if we have a five-year Clauses 11 and 12, as read, agreed to. EMP we will be exposed to public scrutiny, and Clause 13— we don't want that, do we?" Perhaps that is precisely the principle of the legislation: the Mr LITTLEPROUD (5.31 p.m.): I move community's right to know and the protection the following amendments— of the community depends on notice being "At page 8, line 1, '236B and given after three years. I think there is a 236C'— question of principle here. Either the Minister omit, insert— accepts it or he does not. He seems open to accepting it if, after reviewing it, the '235 and 236'. Environment Protection Council says, "Yes, At page 8, line 2, 'After section anything longer than three years probably 236A'— should be subject to public notice." It is not a public appeal process; it is not necessarily a omit, insert— public review: it is just a notice. That is all it is. 'Chapter 8, part 2, division 6'. While I thank the Minister for his proposal to At page 8, line 5, '236B'— refer it to the council, I must press ahead with my suggestion that he retain the current status omit, insert— quo pending the review that he proposes. '235'. Mr LITTLEPROUD: It comes down to a At page 8, line 13, 'January'— degree of public disclosure. At the one end omit, insert— there is a public notice. At the other end there is always the right for the person who has a 'June'. distinct interest to have public access to the At page 8, line 16, 'January'— information. It is not denying public omit, insert— knowledge. Perhaps those people who have a distinct interest in an issue will have enough 'June'. gumption to make inquiries, whether it be a At page 8, line 18, 'December competing interest as was suggested by one 1996'— of the previous speakers or some of the conservation groups who have a long-felt omit, insert— interest. They are not being denied. It is the 'May 1997'. 1172 Legal Aid Queensland Bill 30 Apr 1997

At page 8, line 21, '236C'— All members would be aware that the omit, insert— Commonwealth Government has given notice of its termination of the Commonwealth/State '236'. legal aid agreement on 30 June 1997. As a At page 8, line 25, '236B'— result of this action considerable controversy omit, insert— and disquiet has been reported in the Australian media and is clearly evident in '235'. negotiations that have taken place to date At page 9, line 4, 'January'— between the Commonwealth and Queensland omit, insert— Governments on the provision of funding for legal aid after 30 June 1997. 'June'." Negotiations between officers of the Amendments agreed to. Commonwealth Attorney-General's Clause 13, as amended, agreed to. Department and this State's equivalent—the Clause 14, as read, agreed to. Department of Justice—have continued since approximately September 1996. No definite Bill reported, with amendments. offer was made to Queensland until February 1997. Offers were subsequently revised and Third Reading received in April 1997. To date, no agreement has been reached with the Commonwealth. Bill, on motion of Mr Littleproud, by leave, read a third time. Notwithstanding these late negotiations on the part of the Commonwealth Attorney- General's Department, it is the Government's LEGAL AID QUEENSLAND BILL intention to maintain a continuing and more Hon. D. E. BEANLAND (Indooroopilly— effective involvement in the delivery of legal Attorney-General and Minister for Justice) aid services throughout this State. (5.33 p.m.), by leave, without notice: I move— I shall now turn to the Bill. The two main "That leave be granted to bring in a objects of this Bill are— Bill for an Act to establish Legal Aid (a) to provide for giving legal assistance Queensland, to provide for legal to financially disadvantaged persons assistance for persons throughout the in the most effective, efficient and State, and for other purposes." economical way; and Motion agreed to. (b) to pursue innovative commercial arrangements, including legal assistance arrangements, for giving First Reading legal assistance at a reasonable cost Bill and Explanatory Notes presented and to the community and on an Bill, on motion of Mr Beanland, read a first equitable basis throughout the State. time. These objects are to be achieved mainly by establishing Legal Aid Queensland. Second Reading This Bill is an example of the Hon. D. E. BEANLAND (Indooroopilly— Government's announced policy to provide Attorney-General and Minister for Justice) services more economically and efficiently (5.34 p.m.): I move— throughout Queensland by using a restructured legal aid body which is able to "That the Bill be now read a second enter into innovative commercial time." arrangements for giving legal assistance to the This Bill is about maintaining the delivery community. Fundamental to achieving this of legal aid services throughout Queensland objective, the Bill provides for the under new funding arrangements and the establishment of "legal assistance management of a restructured legal aid arrangements" which will form the basis of an organisation. It is not about downsizing legal innovative funding mechanism in services on State law issues for "purchaser/provider arrangements". The Bill Queenslanders, or about abolishing the role of will enable the restructured legal aid body to the current Legal Aid Commission as a enter into legal assistance arrangements with community service provider of legal services in the Commonwealth, the State and other this State. entities. 30 Apr 1997 Legal Aid Queensland Bill 1173

All members would be aware that the the functions and powers to provide legal current legal aid system is a cooperative assistance to financially disadvantaged scheme in which all States and Territories persons pursuant to various legal assistance through a single independent Legal Aid arrangements that it may enter into with the Commission under relevant State/Territory Commonwealth, State and other entities. legislation provide legal aid services in their Management of Legal Aid Queensland will be respective jurisdictions. The role of the carried out by this board and its statutory Commonwealth to date has been to provide officer—the chief executive officer. funding, albeit significant, for the operation of Under the new scheme, legal assistance these Legal Aid Commissions throughout will be provided throughout Queensland by Australia. Since the 1980s, this cooperative Legal Aid Queensland. As is the case with its scheme has been underpinned by negotiated predecessor, Legal Aid Queensland will decide agreements on similar conditions with the whether legal assistance may be given to an other States and Territories. applicant only if the applicant meets relevant The Queensland Government in its criteria. These criteria shall be determined by submission to the Senate Legal and Legal Aid Queensland in accordance with its Constitutional References Committee inquiry functions and the content of the legal into legal aid in January of this year stated it assistance arrangements which it will enter into would prefer to deliver legal aid services in its from time to time with the Commonwealth, the jurisdiction under a cooperative arrangement State and other entities. amongst the Commonwealth, States and The independence and autonomy of Territories. It considers the Commonwealth's Legal Aid Queensland are preserved by decision to terminate the current providing it with extensive powers in order to arrangements and renegotiate on a much manage the restructured body and to lower funding formula to be unacceptable and determine applications for legal assistance. untenable. The ability of Government to interfere in the Nonetheless, the Queensland operations of Legal Aid Queensland is Government recognises the ongoing need to constrained by limitations placed on the nature provide legal assistance to financially of directions given by the Attorney-General to disadvantaged persons in the most effective, the board. Any such directions are to be economic, commercial and efficient way tabled in Parliament. throughout the State. In this regard, as I have At my instructions, the Bill has been set publicly mentioned in the past, it will be out in such a way so as to be user friendly. business as usual for the provision of legal aid That is why the process of application for legal services to Queenslanders in relation to State assistance is contained in earlier parts of the law matters from 1 July 1997. If the Bill and the managerial and machinery parts Commonwealth has not entered into a legal are contained in the latter parts of the Bill. The assistance arrangement with the new legal aid Bill also enables Legal Aid Queensland to body by 1 July 1997, then it will be the refer a matter to alternative dispute resolution Commonwealth's responsibility to ensure that if it considers it appropriate in the those persons requiring legal assistance in circumstances. relation to Commonwealth matters are catered In addition to establishing the new for by making appropriate arrangements. restructured legal aid body, the Bill provides for This Bill gives legislative form to a significant transitional provisions so as to restructured Legal Aid Commission by ensure an easy transition for the operation of establishing a new legal aid body to be called the new Legal Aid Board. It preserves the Legal Aid Queensland. Included among the existing rights of legal aid applicants under the main functions of Legal Aid Queensland are current scheme. that it manages its resources so as to make Importantly, this Bill is not directed at legal assistance available at a reasonable cost diminishing, eroding or removing the existing to the community and on an equitable basis rights of the employees of the current Legal throughout the State. Legal Aid Queensland Aid Commission. In fact, a person who was an will also control and administer amounts given assistant director of legal aid or an employee to it by the State or the Commonwealth under of the current Legal Aid Commission is taken a legal assistance arrangement or otherwise. to be an employee under this Bill and the This Bill also provides for a better and person remains entitled to all existing and more rational approach of operation by accruing rights of employment. In other words, establishing a Legal Aid Board which is much this Bill is not about downsizing current staff smaller than its predecessor and which has levels or the sacking of those dedicated and 1174 Courts Reform Amendment Bill 30 Apr 1997 industrious employees who have given loyal "That the Bill be now read a second service to the current Legal Aid Commission. time." During the development and finalisation The purpose of this Bill is to introduce a of this Bill, there were consultations with the number of significant reforms to the State Public Services Federation Queensland Queensland courts system. The major reforms which resulted in the revision of some are designed to— provisions in the Bill. Another aspect to the restore authority to the Chief Justice of transitional arrangements is to ensure that Queensland; there is a timely and effective mechanism which ensures that the assets, rights and correct anomalies in the Supreme Court liabilities of the current Legal Aid Commission of Queensland Act 1991; are vested in the new legal aid body. provide for greater independence of the Overall, this Bill will enable Legal Aid judiciary; and Queensland to deliver legal aid services abolish the Litigation Reform Commission throughout the State in a more efficient and and transfer the Commission's main effective manner by preserving its autonomy functions to the existing law reform and by expanding its powers to deliver these commission. services under various legal assistance The coalition policy on the administration arrangements. Moreover, the Queensland of justice, released before the general election Government has not forgotten its commitment in July 1995, undertook to "ensure a Supreme to providing legal aid services as a Court judge is domiciled in Cairns". This Bill social/community service obligation. lays the legislative foundation for the delivery I also encourage the Commonwealth of that election commitment by including Government to finalise its negotiations with the amendments to the Supreme Court Act 1995 State with a view to entering into a satisfactory to create the position of far northern judge. legal assistance arrangement with this new legal aid body. In doing so, the Queensland The Bill will enhance the jurisdiction of and Commonwealth Governments will be in a District and Magistrates Courts and enable courts to make greater use of the alternative position to ensure the continued delivery of dispute resolution services offered within the legal aid services throughout this State to all Department of Justice. Queenslanders no matter what type of legal matter is in issue, that is whether it is a The Supreme Court of Queensland Act Commonwealth matter or a State matter. I 1991 was introduced by the previous commend the Bill to the House. Government. Amongst other things, that Act Debate, on motion of Mr Foley, made provision for the introduction of two new adjourned. bodies into the Queensland judicial system, namely the Court of Appeal and the Litigation Reform Commission. COURTS REFORM AMENDMENT BILL The effect of the Supreme Court of Hon. D. E. BEANLAND (Indooroopilly— Queensland Act 1991 in introducing the Court Attorney-General and Minister for Justice) of Appeal was to substantially diminish the role (5.41 p.m.), by leave, without notice: I move— of the Chief Justice of Queensland as the "That leave be granted to bring in a head of the whole Queensland judicial system. Bill for an Act to amend various Acts to Whilst the position of Chief Justice was change the jurisdiction of the Supreme, retained, that position was given only nominal District and Magistrates Courts, and for status. other purposes." Conversely, the President of the Court of Motion agreed to. Appeal was vested with substantive powers in respect of the administration of the Court of Appeal. Furthermore, the powers vested in the First Reading President of the Court of Appeal as regards Bill and Explanatory Notes presented and access to consolidated revenue funding, Bill, on motion of Mr Beanland, read a first employment of staff directly by the Court of time. Appeal and control of the precincts of the Court of Appeal were unprecedented in Second Reading Australia. Hon. D. E. BEANLAND (Indooroopilly— If the House is agreeable, I am happy to Attorney-General and Minister for Justice) incorporate the rest of the speech in Hansard. (5.41 p.m.): I move— Leave granted. 30 Apr 1997 Courts Reform Amendment Bill 1175

The Supreme Court of Queensland Act 1991 However, the commission's work in this regard also created the position of Senior Judge has been limited. Over the last four and a half Administrator. Under that Act, this office was years, although the commission has been given statutory responsibilities for responsible for various piecemeal reforms, the administration of the Supreme Court, separate Rules of the three courts in Queensland have from and overriding any responsibility not been made uniform or simplified. The possessed by the Chief Justice. The powers function of reviewing court practices and given to the President of the Court of Appeal procedures is vitally important. Although under and to the Senior Judge Administrator resulted this Bill the Litigation Reform Commission is to in a significant diminution of the role, function, be abolished, its central function of reviewing status and responsibilities of the Chief Justice court practices and procedures will continue to of Queensland. Other States, such as New be performed by the existing Queensland Law South Wales and Victoria, have introduced Reform Commission, which already has the Courts of Appeal into their judicial system statutory function of reviewing all the law without in any way diminishing the role, function applicable to the State. The effect of the and status of their Chief Justices. Instead of amendments contained in this Bill is, therefore, the Chief Justice being merely the nominal head to restore an appropriate balance in the of the Supreme Court, as is the case under the Queensland judicial system, protect judicial 1991 Act, this Bill will reinstate the Chief independence and re-establish the position of Justice's powers and responsibilities. The 1991 Chief Justice as the head of the Queensland Act also introduced a unique body in the judiciary. Litigation Reform Commission, whose function The civil jurisdiction of the District and is to make recommendations on: Magistrates Courts was last increased in 1989. (a) the structure of the court system of It is appropriate that the jurisdictional limits of Queensland; both courts are increased to take into account (b) court practices and procedures including the effects of inflation, and to maintain the the law of evidence; balance in the number of matters commenced in the Supreme, District and Magistrates Courts (c) the administration of the courts of respectively. The civil jurisdiction of both Queensland; courts will be increased, so that the (d) simplification and modernisation of all Acts jurisdictional limit in the District Courts will be and Statutory Rules relating to matters $250,000 and the jurisdictional limit in the mentioned in (a), (b) and (c) and also the Magistrates Courts will be $50,000. The Bill common law generally; also enables all appeals from decisions of Magistrates in relation to criminal offences dealt (e) as well as other matters referred to it by with summarily to be determined by the District the Minister. Courts. In respect of all of the above matters, except A significant part of the Court of Appeal's for the reform of the common law, the Act criminal case load has consisted of appeals provides that it is mandatory to obtain a report from Magistrates Courts. However, the and recommendation from the commission offences which are determined summarily by a before taking any action regarding those magistrate are generally at the less serious end matters. In effect, the Litigation Reform of the scale. It is appropriate that the limited Commission represented intervention by a resources of the Court of Appeal are confined body composed of judges in the executive to more serious cases, and those involving process of Government and in particular the significant questions of law, and that all appeals development of legislation. from orders of Magistrates Courts in exercising The previous Government's legislation required criminal jurisdiction should be dealt with in the that all proposals emanating from Government District Court, with a further right of appeal as regards amendments to the law in these available with the leave of the Court of Appeal. areas, have had to be submitted to the This reform will enable appeals relating to Litigation Reform Commission. This represents indictable and simple offences arising from the a gross breach of the principle of judicial same set of facts to be dealt with together. independence and separation of powers. The The Bill requires that video link facilities be justification for the existence of the body as used in criminal appeal proceedings. This will well as an independent Law Reform extend the efficiencies gained by use of these Commission is difficult to see. facilities in bail and remand matters. The use of Essentially, the purpose of the Litigation Reform the facilities will also reduce the security risks Commission was to reform the legislation and posed to the community in the transport of rules relating to the courts which were prisoners to the courts for the hearing of considered to be in urgent need of review. appeals. The diversion of appeals from Uniformity of the rules is an issue which the Magistrates Courts to the District Court, and National-Liberal Coalition Government believes the use of video-link facilities in criminal appeals is pivotal to meaningful reform of the court are reforms discussed in the 1994/95 annual system. report of the President of the Court of Appeal. 1176 Electricity Amendment Bill 30 Apr 1997

This Bill demonstrates that the Government is attractiveness for industry development. All of willing to listen to the concerns of the judiciary, this means more employment throughout the and implement measures which will enhance the State. effective operation of the Queensland judicial system. The Bill also includes amendments to The Electricity Amendment Bill is the first the Dispute Resolution Centres Act 1990 to of two branches of proposed amendments to enable dispute resolution centres established the Electricity Act 1994 necessary to deliver under that Act to conduct mediations which are these reforms. The Government's electricity referred from the Supreme, District and reform agenda, which I announced in Magistrates Courts. These amendments are December 1996, has as its blueprint the necessary because the Dispute Resolution recommendations of the Industry Structure Centres Act 1990 presently provides that Task Force. This reform agenda is necessary mediations conducted in dispute resolution centres must be voluntary. This excludes court to equip the Queensland industry to compete ordered mediations. The Government has effectively in the national electricity market, embarked on a significant restructure of the which Queensland will physically join following way in which it delivers alternative dispute interconnection between the New South resolution services. One of the principal Wales and Queensland electricity systems in objectives of the Government's reform is to 2001. There are five major elements of the enhance the ability of the lower courts to reform agenda— provide alternative dispute resolution services both before and after legal proceedings are an interim Queensland electricity market commenced. commencing in the last quarter of 1997; These amendments will facilitate greater use of large electricity customers becoming the services of the dispute resolution centres contestable from 1 January 1998, with all by the courts. I commend the Bill to the House. customers eventually having the option to Debate, on motion of Mr Foley, shop around for electricity supply; adjourned. establishing effective competition in generation by splitting AUSTA Electric into three independent and competing ELECTRICITY AMENDMENT BILL Government-owned generators, which will Hon. T. J. G. GILMORE (Tablelands— prevent the incumbent monopoly Minister for Mines and Energy) (5.44 p.m.), by generator from using its market power to leave, without notice: I move— manipulate the market and will also "That leave be granted to bring in a provide maximum opportunity for privately Bill for an Act to amend the Electricity Act owned generators to enter the industry; 1994 and another Act and for other creating three new retail corporations purposes." whilst retaining the seven regional Motion agreed to. electricity corporations as distributors; and providing price protection until such time as the benefits of competition take effect, First Reading as well as the long-term protection of Bill and Explanatory Notes presented and those customers who, because of their Bill, on motion of Mr Gilmore, read a first time. location, may not be able to gain from the impact of competition in the industry. Second Reading I emphasise that these reforms do not involve the privatisation of any of the Hon. T. J. G. GILMORE (Tablelands— Government's existing electricity industry Minister for Mines and Energy) (5.45 p.m.): I assets. Rather, as the owner of these move— significant assets, the Government must, in "That the Bill be now read a second the face of not only national but also time." worldwide electricity reform, restructure the I am pleased to introduce this legislation industry to ensure that Queensland is able to to the House. Last December I announced a deliver low cost electricity as well as a strategy for reforming the State's electricity commercial rate of return to Government on industry to return the industry to its place at these assets. This Bill seeks to achieve this the forefront of efficiency and effectiveness outcome. within Australia. Essentially, these reforms will The Queensland Electricity Reform Unit deliver lower electricity prices to which has responsibility for implementation of Queenslanders, increase the State's economic the reforms is progressing the reform agenda competitiveness and enhance Queensland's on a staged basis: first, the restructuring of the 30 Apr 1997 Electricity Amendment Bill 1177 existing industry; second, the establishment of The Bill therefore separates the concept of an interim electricity market in Queensland; supply into two new concepts: distribution and and, third, the phasing out over three years of retail. the customer franchise arrangements. It is The Bill proposes to replace supply entities and important for the industry restructure to be authorised suppliers with distribution entities completed sufficiently in advance of the and retail entities. The Bill also provides for commencement of the electricity market in the distribution and retail authorities (that is, last quarter of 1997 to enable industry licences). participants to undertake the necessary The Act imposes on supply entities and their planning and development. Accordingly, it is authorised suppliers an obligation to supply proposed that the restructuring be in place by electricity to customers within their supply 1 July 1997. The Queensland Electricity areas, who request to be supplied. Reform Unit, working in conjunction with the The introduction of the concepts of distribution industry, has been undertaking the necessary and retail requires the obligation of supply to be work to ensure this timetable is met. The separated into two obligations. purpose of this Bill, therefore, is to provide The first, an obligation to connect and supply, amendments to the Act to enable the is to be imposed on distributors. It should be restructured industry to operate the electricity noted that, in "connect and supply", "supply" system within the current regulatory framework refers to the conveyance of electricity through the wires of a supply network and the physical pending amendments to industry governance delivery of electricity to a connection point. arrangements later in the year. The second aspect an obligation to sell, is to A number of the amendments within the be imposed on retailers. Bill provide interim arrangements only, until Mr Speaker, these obligations mean that such time as the industry reform process is service quality to customers, wherever they are, will not be diminished. complete. It is proposed that a second series of amendments to the Act be submitted to the The obligation to connect and supply requires House later in the year which will primarily distributors to connect to the network any focus on industry regulation and also market person within their distribution area who requests to be connected, and whom it is arrangements. In view of the lateness of the technically and economically feasible to hour, I seek leave to incorporate the connect. In remote areas, where the cost of remainder of my speech in Hansard. connection is prohibitively high, the Government may choose to provide a Leave granted. connection subsidy through Community I will now comment on some of the proposed Service Obligation payments. This means that amendments in the Bill. remote customers will have, at the very least, the same level of service in relation to network In the Act, the obligation to supply now covers connection that they have now. the distribution of electricity through the wires The obligation to sell will require retailers to sell network and the sale of electricity to final electricity to non-contestable customers within customers. their retail area who are connected to the The Act currently establishes supply entities, network and who request to be sold electricity. who receive their authorities from the This obligation will also maintain the status quo. Regulator, and authorised suppliers, who In addition, the Bill requires distributors and receive their authorities from a supply entity. retailers to develop standard customer This supports the Queensland Transmission contracts for providing services. The Bill and Supply Corporation as the holding protects consumers by enabling regulations to company for the seven electricity corporations be made that set down required terms for that distribute and sell electricity. QTSC has a standard contracts. Customers will not need to supply entity authority and has issued formally sign a contract with an electricity authorised supplier authorities to these corporation. Rather, the standard contracts, subsidiaries. which will be public documents, are to be developed for oversight and enforcement by This arrangement within the Act is suited to the the regulator as a means of protecting current system where there is no retail customers and heightening service levels within competition. this important industry. The electricity strategy provides for the Mr Speaker, whilst most customers will abolition of the QTSC holding company continue to do their business with one structure, which has clearly not worked. In the company, providing customers with the option competitive market, the natural monopoly of choosing their electricity retailer is an distribution and contestable retail sectors will important element of achieving competition be separated so that effective retail competition within the industry and lower prices to can be established. consumers. 1178 Electricity Amendment Bill 30 Apr 1997

The Bill therefore provides for customer choice in enabling legislation but, rather, under that is appropriate in a competitive market. regulations to the GOC Act. The accountability While most customers will use a retailer to of the electricity corporations to Government access all distribution and retail services under and the Parliament will in no way be diminished. a standard contract, they may also choose to The Bill provides shareholding Ministers to deal separately with distributors and retailers direct a State electricity entity in regard to the and to negotiate non standard contracts with restructuring of the industry and implementation each. Larger businesses will, in particular, avail of reform. This power will ensure that the themselves of this opportunity. reform process continues smoothly once the Currently the Act provides for electricity new corporations are established, and in entities (which may be Government or privately accordance with Government policy. owned) to operate in each sector of the The power is to be used solely to facilitate the industry. To be an electricity entity, an reform process. It is not to be used to interfere organisation must obtain an authority from the in the general commercial operations of the regulator permitting it to operate in a particular electricity corporations. sector of the industry. For example, an organisation wanting to generate electricity The Act will continue to provide for a range of must hold a generation authority to be classed matters in respect of State electricity entities, as a generation entity. but this does not conflict with the policy of separating GOC governance arrangements from Upon the industry's restructuring, the relevant the electricity industry legislative framework. authorities from the regulator will not have been issued. The Bill proposes to overcome this Mr Speaker, the Bill contains a number of wide problem by inserting in the Act transitional transitional powers. In particular, proposed provisions which provide that each corporation section 305 in the Bill provides for a broad is deemed to hold an authority until issued with ranging transitional regulation making power. one by the regulator on terms approved by the These powers have not been put in the Bill Minister. without due consideration. The need for the Under the Bill, the Minister may choose to set powers has been balanced against the need to conditions for the initial authorities issued by maintain fundamental legislative principles. the regulator. This will ensure the co-ordinated The significance of the complex electricity application of new regulatory criteria to be set industry reforms to the people of this State by the Government prior to the start of the means that, on balance and over the short term, market. It would not, of course, be appropriate it is prudent to provide these powers. They will for such Ministerial control of the industry's enable the Government to ensure that, during regulatory arrangements to be maintained for the period up to and after the first round of more than a short term. Therefore, this contestability, the delivery of electricity Ministerial power will expire after twelve services to Queenslanders is business as usual. months. Once the reforms are implemented, It should be noted that the regulation making there can be no actual or perceived political power will expire twelve months after it is intervention in the regulation of the market. brought into force. The existing State electricity entities are The operation of the electricity transmission established by regulations made under the grid is vital to the integrity of the electricity Government Owned Corporations Act 1993. system of Queensland. With this Bill, we have However, while the regulations under the GOC moved to safeguard the operation of the Act establish their corporate powers, the Act transmission grid and guarantee reliability of sets out the functions of the corporations. supply throughout the State. The functions of State electricity entities in the Finally, Mr Speaker, an objective of this Bill is Act are inconsistent with the new industry to address difficulties faced by Powerlink structure. The Bill therefore provides for the Queensland in securing land tenure for repeal of the sections of the Act which set out transmission lines traversing State Forestry the existing corporations' functions. land. In some cases the use of Crown land, specifically forestry land, minimises the adverse The new corporations will be established with impacts of routing transmission lines over their functions and powers entirely under GOC private holdings. Act regulations. This arrangement will clearly establish the Act as the framework through Currently, neither the Forestry Act nor the which any public or private entity must seek Electricity Act provide any mechanism for authority to participate in the electricity creating easements over forestry land. industry. Moreover, it is consistent with The Bill does not give electricity entities any corporatisation policy by promoting more power than previously. It simply allows competitive neutrality. the consideration of an additional option for The House should note that this arrangement determining the route of transmission lines. will bring the Government owned electricity The route selection for transmission lines corporations into line with other GOCs, which, through State forests will be negotiated with in the main, do not have powers and functions the Department of Natural Resources and the 30 Apr 1997 Electricity—National Scheme (Queensland) Bill 1179

Department of Primary Industries in order to Electricity Law will ensure that the rules of the minimise: market are consistent and enforceable across any loss of productive resources on which all of the participating jurisdictions. In turn, this the timber industry depends; will optimise the National Electricity Market's any adverse environmental effects on efficiency and effectiveness and, particularly, natural areas of high conservation status; assure market participants that the market has and a stable governance regime. Therefore, on 9 any social and economic impacts on the May 1996, I signed the National Electricity immediate community. Market Legislation Agreement. This agreement commits the Government to Compensation for the use of forestry land will be paid to the Department of Natural seeking the enactment of legislation to apply Resources. the National Electricity Law in Queensland. The Bill provides for the Parliament to give Mr Speaker, I commend the Bill to the House. effect to the Government's commitment. Debate, on motion of Mr McGrady, Application of the National Electricity Law will adjourned. allow Queensland, after interconnection, to participate directly in the National Electricity Market that will operate across South ELECTRICITY—NATIONAL SCHEME Australia, Victoria, the Australian Capital (QUEENSLAND) BILL Territory and New South Wales. Hon. T. J. G. GILMORE (Tablelands— The Legislation Agreement provides for Minister for Mines and Energy) (5.48 p.m.), by the enactment by the Parliament of South leave, without notice: I move— Australia of legislation to establish the force "That leave be granted to bring in a and effect of the code. To ensure the code's Bill for an Act to make provision for the consistent application across the market, the operation of a national electricity market, Legislation Agreement requires Queensland and for other purposes." and the other jurisdictions to give force to the Motion agreed to. relevant South Australian legislation through the enactment of application of laws legislation. In June 1996, South Australia First Reading enacted the National Electricity (South Bill and Explanatory Notes presented and Australia) Act. The National Electricity Law Bill, on motion of Mr Gilmore, read a first time. forms a Schedule to the South Australian Act. The Electricity—National Scheme (Queensland) Bill 1997 is in a form nearly Second Reading identical to Part 2 of the National Electricity (South Australia) Act 1996 which provides for Hon. T. J. G. GILMORE (Tablelands— the law's application in South Australia. The Minister for Mines and Energy) (5.49 p.m.): I draft application Bills of the other jurisdictions move— are also in this form. "That the Bill be now read a second I now turn to the major points of the time." National Electricity Law and the code. Part 2 of I am pleased to introduce this Bill to the the National Electricity Law provides for the House. The Governments of eastern and approval of a National Electricity Code by the southern Australia have agreed to establish a relevant Ministers of each participating National Electricity Market in which the supply jurisdiction. The law also provides that certain of electricity will be open to competition. The constitutional provisions of the code, which are objective is to improve the allocation of classed as protected provisions, can be national resources and deliver cheaper amended only with the unanimous approval of electricity to consumers in Queensland and the jurisdictions' relevant Ministers. the other jurisdictions that are participating in The code will define the terms of the national market: New South Wales, participation in the market for generators, Victoria, South Australia and the Australian transmission and distribution network owners, Capital Territory. service providers, system operators, retailers, The operation of the National Electricity other market participants and customers. Market is to be governed by two instruments. Specific chapters of the code will deal with The first instrument, the National Electricity connection and access to networks, rules for Law, gives force and support to rules the operation of the wholesale electricity contained in the second instrument, the market, the provision of network services, National Electricity Code. The National metering, the security of the interconnected 1180 Electricity—National Scheme (Queensland) Bill 30 Apr 1997 power system and the administration of the Schedule 1 to the Law sets out provisions code itself through enforcement, dispute relating to the interpretation of the National resolution and, importantly, a process to Electricity Law to ensure that it is given change the code. The code will be a living consistent meanings across the jurisdictions document subject to some degree of change participating in the Market. as the market evolves. The Code is now being considered by the Australian Competition and Consumer Part 3 of the National Electricity Law Commission for authorisation and approval as provides for the regulation of relevant activities an access regime under the Trade Practices Act in the market. These activities will be the 1974. The Commission has advised that it ownership, control, or operation of generation expects to make a decision on the Code by systems and transmission or distribution August this year. I will table the Code after it systems, the administration or operation of has been cleared by the Commission and approved by the Government. I also undertake wholesale market for electricity by a person that the tabling of the Code will be prior to the other than the purposely established National proclamation of an Electricity - National Scheme Electricity Code Administrator and the National (Queensland) Act 1997. Electricity Market Management Company, and Mr Speaker, it is proposed that Queensland the purchase of electricity from a wholesale proclaim its application legislation when it market. A person will be able to engage in commences an electricity market that utilises such an activity only if the person is registered that the National Electricity Market or authorised by NEMMCO to do so, or is arrangements. However, the House should note exempt from that requirement. that, unless jurisdictions agree otherwise, each jurisdiction is required by the Legislation Part 4 of the National Electricity Law Agreement to apply the Law by June 1998. contains provisions governing the enforcement Victoria and New South Wales are planning to of the National Electricity Code. Part 5 creates enact their application legislation in their autumn a scheme for the review by a National parliamentary sittings and to proclaim it in early Electricity Tribunal of decisions by NEMMCO 1998. and NECA. The tribunal's jurisdiction and Mr Speaker, participation in the National powers to deal with breaches of the code and Electricity Market will complement the reforms the procedures to be followed in proceedings to the electricity industry that the Government before the tribunal are described. Part 5 also is currently implementing. This Bill should be describes the process of appointing the enacted as far as possible in advance of the members of the tribunal and the terms of their market's commencement. This will give to appointment. Appeals from decisions of the potential market participants and major tribunal may be made to the Supreme Court. customers clear signals about the Government's Mr Speaker, I seek leave to incorporate the commitment to the National Electricity Market remainder of my second-reading speech in and a sound investment and operational planning basis. Hansard. There are potential, significant advantages to Leave granted. be gained for Queensland in enacting this Bill. The Government is seeking to adopt the Part Six provides for the establishment of National Electricity Market arrangements from statutory funds by NEMMCO and NECA. the Queensland market's commencement to NEMMCO's and NECA's funds cover, ensure that the industry's transition following respectively, the receipt and payment of interconnection with New South Wales is monies incurred through the management of the seamless. Market, and the receipt and payment of civil penalties imposed under the Code. Queensland experience of the National Electricity Market before interconnection with Part Seven of the National Electricity Law the other States that will be vital for the provides for the issue of search warrants in industry because of the experience other limited circumstances and for NEMMCO to jurisdictions have gained already through less have certain powers of intervention in respect sophisticated market systems. of the power system for reasons of public safety or security of the system. A provision of The use of the National Electricity Market this Part also creates a rule to apply uniformly in arrangements from the outset will also free the participating jurisdictions that governs Queensland industry participants and liability for failures of electricity supply. Under consumers from the burdens experienced by the provision, a Code participant will not be their southern counterparts in moving first to an liable for failure to supply electricity unless the interim market system then to the National failure is due to an act or omission by the Code Electricity Market systems. participant in bad faith or the negligence of the The House should be aware that, if the Bill is Code participant. This rule may be modified by enacted, upon its proclamation a law will apply contract. in Queensland that has not been passed, and 30 Apr 1997 Primary Industries Legislation Amendment Bill 1181

will not be amended, by the Queensland Forestry Act. However, over the past five years Parliament. The view might be expressed that significant areas of Crown sandalwood have the Bill therefore has insufficient regard for the been cut illegally, often without regard for the institution of Parliament. environmental sustainability of the resource. However, there are precedents for this form of Legitimate harvesters sample the tree by legislation. In particular, the Corporations Law and the Australian Financial Institutions Code cutting a branch and inspecting the end grain, operate under applications of laws schemes. so the tree can stand if it is not suitable for harvest. Illegal harvesters cut the whole tree The application of law regime is essential to ensuring the nationally consistent operation of down, leaving it to rot if there is too much the electricity industry which is central to the sapwood, and sometimes cut trees less than strength of the economy. Further, the 12 cm in diameter, the minimum size allowed establishment and maintenance of a consistent for legitimate harvesting operations. As and stable legislative regime is necessary for honourable members will appreciate, this is the efficient operation of, and sound investment irresponsible both in environmental and decisions in, the National Electricity Market. economic terms. Mr GILMORE: I commend the Bill to The environmental importance can be the House. appreciated when one considers that Debate, on motion of Mr McGrady, sandalwood is an important part of the riverine adjourned. environment in western Queensland, growing frequently along creeks and gullies of the Channel Country. Illegally felled trees are PRIMARY INDUSTRIES LEGISLATION frequently left in watercourses, adding to the AMENDMENT BILL environmental vandalism. Hon. T. J. PERRETT (Barambah— The illegal harvesting of Crown Minister for Primary Industries, Fisheries and sandalwood trees has also depressed the Forestry) (5.54 p.m.), by leave, without notice: market for this timber. In the I move— Richmond/Hughenden area, around 30 "That leave be granted to bring in a sandalwood industry workers have been laid Bill for an Act to amend various Acts off or cannot operate because of the downturn administered by the Minister for Primary in prices caused by the black market, and lost Industries." revenue to the State is estimated at more than $1m annually. Motion agreed to. These amendments to the Forestry Act aim to protect this valuable commercial First Reading forestry by strengthening forest officers' Bill and Explanatory Notes presented and powers, significantly increasing penalties, and Bill, on motion of Mr Perrett, read a first time. providing for seizure of plant and equipment used for illegal activities. The Bill also amends the Grain Industry (Restructuring) Act 1991 to Second Reading extend the current "sunset" date by 12 months from 30 June 1997 to 30 June next Hon. T. J. PERRETT (Barambah— year. Minister for Primary Industries, Fisheries and Forestry) (5.55 p.m.): I move— As members are already well aware, there is a review of this legislation in progress "That the Bill be now read a second following our agreement to extend the time." legislation for 12 months last year. That review This Bill brings before the House a includes national competition policy number of small, but significant amendments imperatives and is expected to be completed to three Acts in the Primary Industries portfolio. within the next month or so and the The first of these is the Forestry Act 1959. Government will consider its report at that These amendments address the high levels of time. theft of sandalwood timber from Crown lands, If the amendments were not made as especially in western Queensland. proposed, the industry would be deregulated This valuable timber product is exported by default on 30 June next. This is clearly an to Asian centres, mostly for production of joss undesirable outcome, particularly in the light of sticks. At past peak rates, green logs have the timing of reviews by other States of their returned about $2,000 per tonne. Sandalwood similar legislation. For instance, New South trees growing on Crown lands can only be Wales will not have completed its review harvested with appropriate authority under the before the end of 1998. Victoria and South 1182 Leading Schools 30 Apr 1997

Australia have just commenced theirs, while The BSES is reformed from the very vague Western Australia is not expecting to structures that exist under the present Act, to commence its review in the foreseeable future. provide a clear line of management from the board of directors, through the Director of This Government does not want our grain Sugar Experiment Stations as chief executive, industry deregulated thereby exposing it to risk to the sugar experiment stations and other units of loss of business to other States or possible of the Bureau. predatory practices by other State authorities Directors will serve because of their expertise, in the marketplace, hiding behind legislation. and the old representative and ex officio Consequently, these amendments are not method of selection will be discarded as intended to pre-empt the review committee's recommended by the Working Party. findings, but rather to keep all options open for This new structure is clearly more workable the Government in considering its than the present one. recommendations and to provide flexibility to I am pleased to commend the Bill to the House. Government in managing the timing and extent of any changes it considers desirable Debate, on motion of Mr Schwarten, as a result of that review. adjourned. The final Act amended is the Sugar Industry Act 1991 to implement some of the LEADING SCHOOLS key recommendations of the Sugar Industry Mr BREDHAUER (Cook) (6 p.m.): I Review Working Party report "Sugar—Winning move— Globally". The report addresses the main National Competition Policy issues in the sugar "That this House condemns the industry, and was accepted by both the Borbidge Government and the Minister for Queensland and the Commonwealth Education for their incompetent handling Governments, with some minor adjustment to of the restructure of Queensland's the recommendations. Education system 'Leading Schools'. This Bill implements a number of the key We note that the Minister has recommendations, particularly those about the caused deep divisions within the composition and management of the education community as he has Queensland Sugar Corporation and the deliberately sought to fragment and Bureau of Sugar Experiment Stations. Both isolate key stakeholders in education to organisations are to be governed by a board the long-term detriment of the relationship of directors. between parents, teachers and the Education Department. The corporation's board is subjected to statutory duties and liabilities similar to those We call on the Government to halt imposed on the directors of other trading the implementation of 'Leading Schools' entities such as public companies and State and to negotiate with all education and Commonwealth owned corporations. Mr stakeholders before implementing any of Speaker, I seek leave to have the remainder the proposed changes." of the speech incorporated in Hansard. Tonight the Opposition moves this motion Leave granted. out of a deep sense of concern for the future of our education system. The proposed I will bring further amendments to the House restructure of Queensland's education system later this year or early next year to implement poses a serious threat to the standard of other recommendations about the Corporation, Queensland's public education and to the possibly including the acceptance by the board equitable distribution of educational services of a full range of duties and liabilities akin to those under the Corporations Law. and resources across Queensland. Those future amendments will also separate the Much of the rhetoric surrounding this administrative functions from the trading debate over the past three months has been functions, so the Corporation can focus on its couched in terms of an accelerated move primary role as single desk seller of Queensland towards school-based management and the sugar in both export and domestic markets. establishment of school councils to give In the meantime, the new structure for the parents greater input into decision making at board of the Corporation, with an independent schools. But Leading Schools is much more chairperson, 3 directors chosen for their than just school-based management. The expertise in cane production, 3 for their Labor Party supports moves to give schools expertise in milling, 2 for their wide commercial greater say over resource allocations within expertise, and including the chief executive, will their school community where there is a prepare the Corporation for its more focused demonstrated educational benefit to be role. 30 Apr 1997 Leading Schools 1183 derived. Devolving responsibilities to schools The Opposition is committed to ensuring should only occur, however, at a rate which that the appointment and transfer of principals parents and teachers can accommodate at and staff, the determination of staff levels for their own school and only with guarantees that schools and the conditions of employment for sufficient resources are provided to deal with teachers and other education employees are the added workload. We also support parents core functions of the education system which being given greater input into those decisions. should be determined at a central level. We However, the role of school councils must be do not support allocating schools a notional negotiated with the stakeholders. Importantly, staffing budget and allowing schools to trade however, the Opposition does not believe off teachers to fund other resources. We school councils should be mandated for any regard guarantees from the Education school. Leading Schools will force all band 8 to Department over class sizes, access to 11 schools to form school councils and deny specialist teachers and the transfer system as band 4 to 7 schools the opportunity. School worthless when it is allowing schools the communities must be provided with options opportunity not to fill vacancies which arise as and given the opportunity to decide for a result of transfers, resignations or themselves, not forced into it by this Minister retirements. Class sizes will rise and teachers or this Government. The Opposition does not, will refuse to transfer to rural and remote areas however, support changes which will entrench as a result of this Government's policies. We and exacerbate existing resource inequities also believe that the State Government has a between primary schools and secondary primary responsibility to maintain the standard schools, between large schools and smaller of our social infrastructure in school buildings schools, between schools which suffer high and other school assets. levels of socioeconomic disadvantage, ethnic Last week the Courier-Mail reported on a and cultural diversity, geographic isolation and speech by the Queensland Director-General of children with special needs and those schools Education to a conference of principals on which are better off. Leading Schools where he said that State Let us make no mistake: the Borbidge schools need to reinvent themselves to Government will not spend one extra cent on become market driven to compete more Education to fund Leading Schools, and for effectively with non-Government schools. most schools very little, if any, of the additional What Government schools need is a funds will be discretionary. This is the central fundamental commitment by Government at issue at stake in Leading Schools. The State and Federal levels to provide a quality question is whether all Queensland State public education system. Typically, this schools will continue to be properly resourced Government seeks to blame the victims—to to provide for the high standard of public blame the schools for their supposed failures education which both parents and the which allegedly causes the drift of students to community expect that Queensland's non-Government schools. This demonstrates education system will deliver. Leading Schools another of our fundamental concerns about is about whether we deliver to some schools Leading Schools. What Leading Schools is all an opportunity to enhance their resource base about is providing a mechanism for this and become better equipped to meet the Government to shift responsibility for resource educational needs of their students while other inadequacies onto schools and school schools are left behind. communities and away from the Governments which make the decisions about funding. The very notion of Leading Schools has caused considerable concern among parents But paramount among our concerns at and teachers throughout Queensland. What present in relation to the implementation of the Government is saying is that there will be Leading Schools is the climate of dissension, an elite group, initially only 100 schools, within of confrontation and of recrimination which this Queensland's education system which are Government has generated by its failure to entitled to call themselves "Leading Schools" consult stakeholders over the implementation which may benefit from the allocation of some of Leading Schools and by its deliberate additional resources, but that other schools will attempts to divide and fragment the education be marginalised and residualised by the community over its implementation. These process, both in terms of public perception reforms will not succeed in an environment and in terms of actual resource allocation. The where teachers, principals, parents and the Labor Party will ensure that all Queensland department are in disarray and fundamentally schools continue to provide equitable access disagreeing on the direction of the changes. to educational services for all Queensland Whatever happened to Partners in students. Excellence? Will the Minister accept schools 1184 Leading Schools 30 Apr 1997 into his pilot program where the teachers have against principals and school sector against overwhelmingly rejected participating in the school sector. He personally has torn the fabric pilot? What is needed in this debate is a that wove our system into a cohesive unit circuit-breaker. If the Government refuses to working cooperatively for the benefit of support the motion before the House tonight, Queensland students and schools. The which would provide that circuit-breaker, then Minister has replaced cooperation and the Opposition has determined that upon harmony with division and recrimination where coming to Government it will halt the teachers, parents, principals and bureaucrats implementation of Leading Schools. criticise each other's motives and engage in Opposition members: Hear, hear! heated debates across the spectrum of the media. An incident having occurred in the public gallery— The Minister must sleep well at night in the knowledge that he deliberately set out to Mr SPEAKER: Order in the Chamber divide and conquer, especially to isolate the and in the gallery! QTU, and that his campaign is being Mr BREDHAUER: We will halt the successful. But has the Minister ever stopped implementation of Leading Schools and we to ask himself what is happening in his will go back to the process that this schools? While all this energy is being Government should have put in train before it dissipated arguing, campaigning and embarked upon these changes. We will debating, who is teaching our kids? What sort consult and negotiate with the key of a debilitating effect is it having out there in stakeholders. We will seek common ground our schools? I will tell the Minister. It is and we will build on only those areas where affecting the long-suffering teachers of there is a demonstrated educational benefit to Queensland—the same teachers who go to P be derived from change. & C meetings and run stalls at the school fete; On 9 April the Minister for Education the same teachers who are members of the distributed a letter to all Queensland schools local sporting and service clubs; the same titled "Then and Now". In the opening teachers who take the musical, coach sporting paragraphs the Minister confesses to the world teams and take kids away on weekend that 30 years ago he became a teacher camps. Notwithstanding the additional because he wanted to make a difference. The pressure and anxiety and uncertainty the Minister says his purpose in life remains the Minister personally has created, those same today. Since 9 February 1997, there can teachers will be at school in the morning doing be no doubting that the Minister certainly has their best for our kids in their classrooms. made a difference! Never in my 20-year The Minister should have a look around association with Queensland Education has the gallery. Maybe those people came here to the education community been so deeply and thank the Minister for turning the system on its bitterly divided. The Minister's deliberate head once again. Maybe they came here to attempts to divide and isolate stakeholders in thank him for creating yet another rod for their education have successfully fragmented and backs. But maybe they didn't. Just for once, torn apart the key stakeholders in a way few why doesn't the Minister go and ask them? would have thought possible and in a way Just for once, why doesn't the Minister listen to which will have lasting consequences for the them? education of all Queensland children. Hon. D. J. HAMILL (Ipswich) When the Minister reads the newspapers (6.09 p.m.): I rise to second the motion moved and watches the news at night and as he by the member for Cook. In doing so, I want to drops off to sleep, how reassuring and recall some words that I spoke in this place satisfying it must be for him personally to know when we debated the issue of Leading that his campaign strategy is working. He has Schools not so long ago. At that time, I successfully wound back the clock and set the expressed my concern at the impact that the department against the QTU in a way not Minister's policy was having in relation to seen since Bjelke-Petersen was Premier of employment in my local area—the closure of Queensland. Tonight I predict that the Minister the regional office and the loss of the school will seek to escalate his dispute with the QTU support centres. At the time, I mentioned that over enterprise bargaining. Labor opposes the Minister, in his promotion of his Leading enterprise bargaining being dependent on Schools proposal, had been seeking to clothe teachers giving an open-ended commitment it in the words or the language of "school- to the Leading Schools process. The Minister based management". He knows and I has successfully set teachers against know—and I think most interested parties in teachers, parents against parents, principals the education community know—that Leading 30 Apr 1997 Leading Schools 1185

Schools is much more than school-based works, but that is the logical extension of a management. I think it is about time the totally devolved educational system. Minister exercised a bit of honesty in relation A lot of schools in my area have major to his proposal and told people exactly and capital works needs: the schools that were really what Leading Schools is all about. thrown up—the egg cartons of the 1950s and For some time, the Liberal Party and 1960s—to accommodate the baby boomers. particularly this Minister have held the view They have particular capital works needs which that the model that has been applied in places will not be met if we devolve the capital works like Victoria is the way we should be going in Budget around the State. In my view, a terms of school governance: that we should Statewide standard needs to be maintained in have school boards, that we should have a lot relation to issues such as class size and of autonomy vested with respect to those certain aspects of behaviour management. school boards and that that autonomy should We should not be allowing schools to have extend to a whole range of areas that have devolved decision making on suspension or traditionally been responsibilities of the exclusion policies. We should not have Education Department here in Queensland. schools making decisions about whether or not there should be corporal punishment, for I am talking here about staffing, about example. curriculum and about making decisions in relation to capital works needs of that school. I But there is a proper role for local decision state again: I support school-based making in terms of issues relating to behaviour management but I also support equity within management within the schools, but within our school system. I also support the those broader guidelines. There needs to be maintenance of standards and I am appalled local decision making in terms of minor works that any Minister for Education would be and maintenance and the resources in the promulgating a policy which is all about school, but one does not go down the path eroding standards and breaking down the that the Minister is taking to achieve those education system in our State. That is the goals. One does not achieve cooperative fundamental difference between what this schools and collaborative decision making in Minister is advocating in terms of Leading schools by setting staff against staff, principals Schools and what we, in Government and in against parents, parents against parents, Opposition, believe to be an appropriate which is exactly the outcome of the policy policy—and that is appropriate school-based which this Minister has pursued. He has struck management. a dreadful blow against the cohesiveness in our schools and, consequently, his policy There are a number of issues that I want should be halted forthwith. to canvass in relation to this proposition. As I Hon. R. J. QUINN (Merrimac—Minister said, there are certain matters which I believe for Education) (6.14 p.m.): I move the should not be left to the province of a local following amendment— school council or school board. One such matter is a school's curriculum. Certainly, not "Omit all words after 'That' and insert every school offers the same subject range. the following— Obviously, decisions are made at a local level this House notes the support for based on the resources the school has and, school-based management indeed, the demands of the students within expressed by the Queensland that school for certain subject choices but the Teachers' Union in their Enterprise selection is from a Statewide curriculum—and Bargaining Agreement, struck with so it should be if we are going to maintain the previous Labor Government in standards. 1994; We should not fall for the trap of the House also notes the support for devolving staffing matters to schools. Once we the Leading Schools program do that, we will strike the final blow against any expressed by the Presidents of the equity in our education system. It should not Queensland Association of State matter one jot whether a student is in School Principals and the Birdsville, Brisbane, Cairns or Caboolture: that Queensland Secondary Principals' student is entitled to the same quality staffing Association, in their joint statement at in our State schools. By breaking down the the recent Leading Schools system to undue local decision making and Conference; local recruitment, we will undermine that the House also notes the support for fundamental principle of equity. Schools Leading Schools by Queensland should not have to manage major capital state school parents, as stated by 1186 Leading Schools 30 Apr 1997

the Queensland Council of Parents' The QTU stands condemned; it is the only and Citizens' Associations; organisation that will not come to the party. It the House also notes the Executive has isolated itself. It is the one that is going of the State Public Services around to schools pitting principal against Federation, Queensland has principal, teachers against teachers, parents recommended that its members vote against teachers all the way down the line. Its to accept the Enterprise Bargaining tactics have been the most despicable in the Agreement which includes a industrial history of this State. It is going into commitment to support the schools where the principal has gone away on implementation of Leading Schools; a conference and calls meetings, poisons the staff so that, when the principal comes back, all education stakeholders will be he has to sit down and explain the situation provided with the opportunity to be again. involved in the implementation of the Leading Schools Pilot Program; and I have news for the Opposition and I have news for the QTU because when there is a all education stakeholders will be meeting with the QTU agenda on the line, the provided with an opportunity to be teachers are putting up their hands and voting involved in the ongoing monitoring the party line. When the QTU goes away, the and evaluation of the Leading principal is sitting down with the staff and they Schools pilot program." are voting to come into Leading Schools. I We have heard tonight the greatest lot of repeat: they are voting to come into Leading humbug and hypocrisy ever visited upon Schools. Last night, there was a meeting of Education in Queensland. The enterprise teachers at Mountain Creek State High School bargaining agreement struck with the QTU and on the Sunshine Coast. Forty to 6 they voted the previous Labor Government in 1994 to come into Leading Schools. specifically says in detail in a number of places Mr Bredhauer: That is one. that the QTU would commit itself to school- based management all the way down the line. Mr QUINN: That is one, and there are a The sticking point of all of this is the flexible lot more. I repeat: there are a lot more. This staffing arrangements. That is the only one has been the greatest deception campaign point that the QTU refuses to sign off on. We mounted by the QTU in order to disguise its have had negotiations with the QTU over the own deception, its blatant and outrageous enterprise bargaining agreements; we have campaign, to secure a wage rise in the order given them five pages of guarantees and right of 10% per annum for three years. Who has at the very last point it withdraws its support. ever heard of getting a 30% pay rise? The EBA signed by this mob on the other side Time expired. of the Chamber and the QTU in 1994 says— Mr SPEAKER: Before I call the next "The parties agree to advance this speaker, I would like to inform members that departmental priority"— lift No. 1 in the Parliamentary Annexe is not it is talking about school-based operating. I say this because I know that there management— will be a division later on. "through the implementation of pilot Mr RADKE (Greenslopes) (6.20 p.m.): I projects covering: second the amendment moved by the Honourable the Minister for Education. There flexible staffing arrangements . . ." has been widespread support from school The QTU put its name on the dotted line and it communities for the Leading Schools took the money. The problem with the QTU is Program. There is no doubt that the campaign that it has not had the courage to tell its of misinformation which has been conducted members that it signed on the dotted line for by the executive of the Queensland Teachers them to implement school-based Union has made the decision-making process management—Leading Schools. That is the more difficult for school communities. problem. It has not had the courage to tell its Mr Schwarten interjected. own members that it took the money; it got the pay rise for them; and now it has to deliver Mr SPEAKER: Order! The member for what it signed them up for. What do we have? Rockhampton! If the member wishes to We have had this greatest campaign of remain in the Chamber to speak later, he will misinformation, lies, innuendo, personal desist from his persistent interjections. attacks—everything the QTU could throw at Mr RADKE: Even though the this Government in order to disguise its own Queensland Teachers Union executive has deceit towards its own members. maintained considerable pressure on 30 Apr 1997 Leading Schools 1187 principals and has deliberately attempted to "Primary and secondary principals at disrupt particular schools, there is significant the Leading Schools Conference fully support from school communities and endorse the move to school based principals for the Leading Schools Program. management through the Leading More than 200 primary and secondary schools Schools Program. We see this in the best indicated that they were interested in interests of those children who attend our participating in the pilot of the Leading state schools." Schools Program. These schools are While these principals were attending the representative of all regions of our State. conference, the Queensland Teachers Union The president of the Queensland continued to attempt to undermine their Secondary Principals Association issued a position by holding sub-branch meetings. In position statement on 15 March 1997 which many schools this was done in the principal's indicates that the association supports the absence. This could be interpreted as a Leading Schools Program. It states— cynical attempt by the executive of the Queensland Teachers Union to ensure that, in "The Queensland Secondary the principal's absence, the other side of the Principals' Association supports the argument could not be provided to teachers. concept of Leading Schools and School Based Management." The Leading Schools Program is all about trusting teachers, parents and other members Queensland State schools have been of the school community to make local gradually implementing school-based decisions to achieve the best outcomes for our management over many years. students. The leadership of the Queensland The previous Government was Teachers Union continues, through its actions, responsible for devolving many responsibilities to prove that it does not trust teachers and to schools. But this was done in an principals to make appropriate decisions in uncoordinated, ad hoc fashion which caused their schools. The Queensland Teachers much dissatisfaction among teachers and Union executive seems to be unable to parents. On the other hand, the Leading change its old-world view. The leadership of Schools Program provides school communities the Queensland Teachers Union believes that with a framework for how school-based it should be making decisions centrally on management will operate in Queensland behalf of thousands of teachers and principals schools and then invites school communities throughout the State. The Queensland to be involved in determining the details of the Teachers Union executive believes that it was model. This was recognised by secondary born to rule school communities. This principals in the position statement which I Government will continue to support the mentioned earlier. It states— leadership role of principals in our schools and will continue to maintain the right of school "There is a belief that Leading communities to be involved in school decision Schools is simultaneously a culmination of making. where many schools have been heading over the past several years, and Mr T. B. SULLIVAN (Chermside) confidence that the project will resource (6.23 p.m.): The ALP supports appropriate the continuation of School Based school-based decision making. For decades Management." local decision making has evolved to give principals, staff, parents and, in more recent Principals have continued to show their years, students a greater say in the running of support for the Leading Schools Program our State schools. But Leading Schools, as even though the Queensland Teachers Union proposed by this Minister and this executive has run an aggressive and Government, is not the appropriate way to misleading campaign against those school lead to this. Leading Schools is a flawed, communities and, in particular, the principals imperfect vehicle to deliver additional school- of those schools which have indicated an based decision making. This Minister and this interest in participating in the program. Government have discarded cautious, The principals of more than 170 schools measured evolution and have proposed a recently attended the Leading Schools radical revolution in this particular case. For conference. The principals who attended the someone who proclaims himself to be part of conference expressed unanimous support for the conservative forces of politics, the Minister the Leading Schools Program. Both primary has even betrayed his side of politics. Even if, and secondary school principals issued a joint for the moment, we disregard the divisions media statement which included this that this Minister has caused and the statement— Minister's linking of this to industrial issues, 1188 Leading Schools 30 Apr 1997 there are major problems that have occurred, there will be more work and less time for and his words do not match his actions. teachers to spend with the kids. The Minister says that Leading Schools is Consideration of the partnership the way that will further strengthen the bonds agreement, the annual operation plan, the between members of the school community. annual report and the requesting and The Minister has divided everyone. Where the receiving of periodic reports from the principals Minister says that teachers will be better able reveals that we are going to see a huge to effectively exercise their professional amount of time of the principals and judgment and skills in the classroom, read that administrative staff devoted to developing and they will be smothered by reports, snowed writing reports. There will be endless meetings under with paperwork and attending endless for the consultation process that is required for meetings. Where the Minister says that the the budget and the various working parties to principals will become true educational leaders which the Minister refers. According to the in the schools, read that they will become full- annual report, there will be levels of time financial managers with less time for the satisfaction surveys. I am sure that parents will classrooms, the students and their staff. really enjoy getting more surveys and other Where the Minister says that the local forms coming home to them to add to their community will have a greater say in the financial reporting and level of students' present and future progress and direction of achievements, as shown in both State and the school, read that there will be more jobs local data. This is great. We are not having thrown onto the local school, the P & C will be just one level of reporting on students; the doing more fundraising for the basics and they Government has now given them another pile will be giving more administrative support to of work. The Minister says that there will be principals and teachers. more funds through the school gate, but what I agree with the goals or aims as he has not said is that the funding will not be espoused on page 4 of the Leading Schools accompanied by administrative support. A booklet. That is where the QTU could agree perfect example of that is the selection of with the Minister. But do not equate the goals staff. That work, which was being done by the of better educational outcomes through local HR section of the department, will now be decision making with this particular program. It done by principals and parents at the local is this particular program and the way in which school. the Minister has gone about it that is the The Minister has stated that Leading problem, not the general direction of wanting Schools will be expected to demonstrate their to go to greater local school-based decision commitment to initiatives proposed by the making. We support that; most people would department. That will lead to the ambitious support that. I have heard very little criticism of bureaucrats within the department setting their it. But the way in which the Minister has own agenda and, therefore, piling extra work chosen to do it is the problem. Leading onto principals and staff. It is a great way to Schools is not going to achieve what the divide the department. But it is not a Minister set out to do. He invites people to department now, is it? It is Education take account of the experience in other States Queensland, which has been segregated into and overseas. Let us do that, and we see that 36 districts. In addition there will be hundreds the Victorian scheme has now collapsed. Let of school councils. The Minister is fragmenting us have a look at the United States where the department which will not lead to better they are appointing accountants to run educational outcomes for schools. schools— people who have no educational background. The students and teachers are Time expired. suffering because those people do not Mr HEGARTY (Redlands) (6.28 p.m.): In appreciate what schools are about. rising to take part in this debate, I reject At a P & C meeting that I attended outright the hypocritical stance that the recently, the principal said, "Look, I do not Opposition has taken by moving this motion. care what job I am given, but I have not been Firstly, I fully endorse the statement by the trained to be a financial manager. I have been Minister about the QTU and its deceitful trained to be a teacher, to work with kids and dealings—allegedly on behalf of its curriculum. I am spending more and more of members—over the enterprise bargaining my time doing paperwork on finances." That agreements. Is it not ironic that the inclusion of principal criticised the Labor Government in school-based management and enterprise previous years and was very loyal to the bargaining occurred under, and was endorsed department. What we are going to find is that by, the previous Labor Government? Those 30 Apr 1997 Leading Schools 1189 members sitting opposite are the ones who in rejection of certain aspects of the Leading did it. Schools initiative. The union's ambit claim of The Queensland Teachers Union, the 10% per annum was moderated on 19 March State Public Services Federation of 1997 to a claim of 6% for the 1996-97, 1997- Queensland and the Australian Liquor 98 and 1998-99 financial years—effectively a Hospitality and Miscellaneous Workers Union claim of 7.7% per annum over 28 months. In signed an enterprise agreement with the late March, an agreement that included a Department of Education in 1994. This commitment to implementation of the Leading agreement included a commitment for a 9% Schools initiative was reached with the State increase in salaries over a period of two years Public Services Federation of Queensland. and four months. It is worth noting that this That union's executive had recommended that increase is actually less than what the QTU is members accept the 12% salary increase. rejecting as unsatisfactory in the current round Subject to the outcome of the members' of enterprise bargaining negotiations. ballot, which is currently under way, members of the SPSFQ in schools, regional education In accepting the 9% salary increase, the officers and central office will receive their first parties to the agreement committed to increase of 4% backdated to 1 March. advance school-based management as a departmental priority through the In late March, the QTU issued an interim implementation of pilot projects covering a directive to members not to participate in the variety of flexible arrangements. The most Leading Schools pilots. In spite of the interim recent claim by the Queensland Teachers directive, more than 170 schools formally Union to support school-based management expressed interest in the Leading Schools but not the Leading Schools Program is arrant pilots. Another 60 applications were received nonsense. Leading Schools is the phased after the closing date. That is the interest and implementation of school-based management support that the members opposite are not that delivers what the parties, including the picking up. At all times, the department has QTU, committed to in November 1994. continued to attempt to negotiate agreement with all parties to the agreement, other than What does Leading Schools involve? It suspension of negotiations with the QTU for a involves a volunteer pilot group of 100 larger short period during the 24-hour stoppage. schools, each of which will receive significant Concentrated negotiations with the QTU in financial support. A second and third phase early April resulted in the union being given a will allow time for the majority of schools to package of guarantees relating to the Leading reap the benefit of the experience of those Schools initiative. On 14 April, the QTU involved in the pilot and greater flexibility and executive rejected those guarantees. responsiveness, which is controlled by parents, Departmental negotiators believe that, by its teachers and other staff at the school and not actions, the QTU negotiating team engaged in in Mary Street. I repeat: Leading Schools is deceptive behaviour and, in so doing, did not the progressive and phased approach to negotiate in good faith. I must reiterate that school-based management to which the QTU the QTU committed to school-based committed itself and it members under a management pilots as a result of the last Labor Government in 1994. enterprise bargaining agreement. The Current enterprise bargaining negotiations potential benefit to schools—— with all unions commenced in 1996. An offer Time expired. of a 12% salary increase over three years was Mr PEARCE (Fitzroy) (6.34 p.m.): I made in February 1997. Unlike New South welcome the opportunity to support the motion Wales where $55m had to be found from moved by the Opposition as I am most within school budgets to fund the latest salary concerned about the deep divisions within increases for teachers, the Queensland offer Queensland school communities and the will be fully funded by Treasury. I would hope impact they are having on the delivery of that that would be accepted and received well education to our State schools and in by the Opposition at least. The Leading particular to rural schools. The silence of Schools initiative was approved by the National Party members from country Government in February 1997. The electorates in this place tells me that they do department sought an ongoing commitment not understand, or perhaps they just do not from the unions through the current enterprise care. I have 35 schools in my electorate. I am bargaining negotiations. receiving a clear message, and the Minister The QTU has maintained a constant and should listen: pull your head out of the sand; it misleading media campaign in support of a has been there for too long; you are starting to significant salary increase for its members and look like a sandcastle. 1190 Leading Schools 30 Apr 1997

The Leading Schools proposal is an elite will be handed back to schools. With the system and it is raising many concerns about additional money provided, will it be necessary the quality of education being maintained and to employ additional administration staff? improved for all students in State schools What formula will be used to guarantee that regardless of their location. I intend to put schools receive additional funding to meet those concerns in simple terms. In talking with their fluctuating needs? Will they be required parents, teachers and school principals, one to seek out corporate funding? In the future, finds a consensus of opinion that the whole will students be told that the next half hour is concept of Leading Schools is a shambles sponsored by McDonald's or KFC? Will the and a disgrace. It has turned into a political department give consideration and approve slanging match. additional funding for rural schools to meet the I point the finger of blame at the director- ongoing costs of professional development for general of the department. Leading Schools is teachers? his agenda. The Minister must share the The Minister may not realise that rural blame because he does not have the political schools contribute more to the professional know-how and strength to pull his DG into line. development of teachers than regional This morning in this place I saw that the schools or those in the south-east corner. The Minister is being seen as Peachey's puppet. In same cost burden on an ongoing basis does a rush to push through his agenda, the DG not apply to those schools in regional centres has forgotten the principles of fair, open and or in the south-east corner, because in most accountable consultation. The Minister should cases teachers come to them with training call his DG in and say, "Listen here, mate. The paid for by country schools. Rural schools put system is falling apart. The teachers don't like in dollars to provide the training and the me. Parents don't like me. No-one out there teachers then move on. Graduates and trusts me any more." He should fix it or else. incoming teachers who need the professional Of course, the DG would have kittens because development get it at the expense of country he would have in the back of his mind the schools, but the Minister does not cater for performance clause in his contract. If he does that. Those costs are not factored in. not deliver, he has real problems—and he knows it. But who cares? Surely the smooth How will Leading Schools address those running of Queensland's education system types of problems? There must be clarification that is providing education to our children is far on how schools will be staffed. Teachers want more important. answers. The Minister has a real problem: teachers do not trust him. I do not know how If the Minister wants to get out of this he feels about that, but there is nothing worse predicament with any credibility, he must, as a than not being trusted. Teachers have seen matter of priority, stop the process; halt the the untruthful and misleading statements on implementation of Leading Schools; consult their salaries. It has been a laughing matter in with the stakeholders in an open and crib rooms that I go into. How will the school- accountable way—no backdoor deals; be based selection process affect the Statewide honest with the stakeholders; stop the transfer system? Teachers in my area have no propaganda and the misleading, dishonest, confidence in what the Minister is saying—no divisive approach that he has; and show some confidence at all. How will he get the best respect for teachers and principals who have teachers into rural schools—he keeps genuine concerns and want answers. I say to forgetting about rural schools—if they have no the Minister: look at those teachers in the guarantee about how long they will have to gallery tonight and show some expression of put up with the posting? sorrow on your face for the way that you have targeted them in an effort to sell your agenda. Time expired. He should stop claiming that he has the Mr TANTI (Mundingburra) (6.39 p.m.): I support of P & C associations when, in most wish to thank Minister Quinn and his office cases, they do not understand Leading contact, Mr Ben Myers, for the way in which Schools. He should tell school communities they have communicated with me about this the facts. He should put his guarantees in issue. I would like to thank the Minister for the black and white on the table in front of them literature, booklets and seminars that were so they can ask questions and be told the provided in Townsville. I can say in this truth. He should answer their concerns, such Chamber that many schools in the Townsville as how they will benefit from Leading Schools, region are lining up for the Better Schools trial. what power the school council will have, what This Government is fully committed to the relationship that council will have with the restructure of Queensland's education system P & C and the local community and what costs through the Leading Schools Program. The 30 Apr 1997 Leading Schools 1191 implementation of school-based management "The Queensland Government in Queensland through the Leading Schools should provide for the establishment of Program is all about school communities representative . . . school councils." making the best decisions possible regarding Last week both the president and vice- teaching and learning in the local context for president of the QCPCA attended the Leading the benefit of our students. Schools principals conference, at which the Not even the Opposition will argue that Minister reinforced this Government's deep parents and other community members do not commitment to the introduction of Leading have a right to have a say in how their schools Schools. The QCPCA's attendance at this will be run. This belief in the right to have a say importance conference indicates the general is borne out by the high degree of school level of support that this important stakeholder community support for devolving greater has for the Leading Schools Program. authority, responsibility and accountability to It seems obvious to all that the only peak Leading Schools. body within the education community that is Rather than causing divisions in the currently misrepresenting and misinforming its school community, as is suggested in the members regarding the implementation of the Opposition's motion, this Government believes Leading Schools Program is the QTU that the Leading Schools Program and its executive. All the other representative school inclusion of such school councils will bring community groups have come out in favour of together parents, teachers and other school the program. And why would they not? community members to create workable, Ultimately, school-based management is cohesive and effective partnerships in our about improving student learning outcomes for schools. all Queensland students. The Queensland Council of Parents and A key issue on which the QTU leadership Citizens Associations, the peak body has blatantly misrepresented the department's representing over 1,200 State school P & C position to its members is the issue of flexible associations, has been consulted from the staffing. Unlike the QTU executive, the QCPCA very beginning of the implementation of is clearly supportive of the ability of Leading Leading Schools and is very supportive of this Schools to determine the resourcing mix. The program. On numerous recent occasions the QCPCA policy states— QCPCA and its members have reinforced the "Flexible staffing decisions should be benefits of Leading Schools for all students made in a consultative forum within the and the wider school community. In a media school community." release on 19 March, the QCPCA President, It is obvious to this Government that the Sarah Nelson ,stated— QTU executive's current refusal to engage in "The State Government's decision to meaningful dialogue with the department over introduce the Leading Schools program the Leading Schools Program is just a cheap into our State School system will give tactic to obtain increased teacher salaries. The parents a greater role in the management QCPCA seems to agree with this of their children's schooling and will lead interpretation. In a media release on 16 April, to better student outcomes." the QCPCA president stated— Importantly, she went on to state— "The collapse of the current negotiations would seem to have very "The QCPCA, a long time supporter little to do with improving student learning of the value of the Leading Schools outcomes. . . A dark day indeed Mr concept, believes direct parental Mackie!" involvement on school councils . . . is a That demonstrates clearly the QTU executive's major step forward for the Queensland self-imposed isolation from other key education system." stakeholders over this valuable and important This level of support from parents program. Once again, I stress this indicates clearly not only the educational Government's real commitment to the worthiness of the program but also the strong introduction of the Leading Schools Program level of agreement between the Education and condemn the Opposition for initiating this Department and the QCPCA. In addition, the motion in the House. This motion serves only QCPCA's policy on the decentralisation of to create a division in the educational schools supports the Government's position community which, apart from the QTU on the introduction of school councils in executive, is totally supportive of the Leading Leading Schools. The policy states the Schools Program. following— Time expired. 1192 Leading Schools 30 Apr 1997

Mr SCHWARTEN (Rockhampton) To cap it all off, we have the pièce de (6.44 p.m.): Before we get too far into this, let résistance. They cannot goad the teachers us just clarify one point, and that is that there with a photo of the Minister and his slate, they was no mention of Leading Schools in 1994. I cannot get them with the two grand in their challenge the Minister to table any reference kick, so what do they do? They get out the to Leading Schools. It is something that the sledgehammer. Today, they went down to the Minister has dreamt up himself. He should not Industrial Relations Commission and filed an try to blame the Teachers Union for his action to bring the bargaining process to an incompetence and bad handling of this whole end. Effectively, that takes away from teachers pathetic issue. The way in which it has been their right to enter into the dispute. I table the sold in the community is just absolutely document. The Minister probably has not even hopeless. Out there among the public, the seen it. That indicates how on top of the issue Minister has shrouded it in deceit—among the he is. teachers, among the kids, among all the An Opposition member: "Backdoor people to whom the Minister has spoken. Bob" again. Let us look at what we have: a Minister Mr SCHWARTEN: "Backdoor Bob" who could not teach a pig to be dirty and a again. Let me say that not one teacher whom director-general who could not lead a choko I have met supports this nonsense; not one vine over a fence. The result of that is what we parent whom I have met supports this have tonight—the necessity to move this nonsense—not one of them. Why not? This motion about this whole hapless and pathetic clown over here—— shambles called Leading Schools. Mr SPEAKER: Order! If teachers wanted any clarification on Mr SCHWARTEN: The Honourable the Leading Schools, they were told, "It is all in the Minister says that they will accept the blue book." However, when the Teachers guarantees that he has given. They would Union examined the blue book in fine detail, it rather trust a rabbit with a head of lettuce than found that there was no reference to the policy take any of the Minister's guarantees. They of, for example, trade a teacher for a tractor or recall the guarantees that the Minister gave to get rid of a teacher to paint a wall. Somehow, the school cleaners. What about when the that was left out. The Minister wonders why he Government had McHugh telling people that has no credibility when he talks to teachers, the transfer system was somehow going to be yet the document that he has circulated set in granite and could not be moved? When throughout the teaching service in this State is the QTU wanted to put that into the completely dishonest and completely flawed. agreement, the Minister would not do it. Why not? Because down the track he intends to Aside from the stealth of the Sunday backflip on that. The Minister knows that night release of this marvellous project, what damned well. That is why he will not put it in have the Government's efforts been so far? the agreement. That is why he will not show We have seen the Government trying to goad the colour of his money in that regard. teachers into accepting it by flashing, of all things, a photo of the Minister with his class. Mr Quinn: It's in there. Mind you, that class was standing with a slate, Mr SCHWARTEN: It is not in there at which demonstrates how far back the Minister all. Tonight I challenge the Minister to table a had to go. That indicates the amount of document that shows that in an agreed credibility that the Minister has. So then the statement between the Teachers Union and Government started dangling carrots in front of his idiotic department. The fact is that that is principals: "$100,000 for your school"—where not the case, and the Minister knows that to that comes from, heaven only knows; be true. If he does not, he should not be presumably from the poor old following sitting in that seat. In any case, he should not schools—"We will take you on a bit of a be sitting there. holiday to the Marriott", and goodness knows The fact of the matter is that if the what expense that would be; probably Minister had any political brains at all, he $150,000 or so, "and a 5% pay increase." would scuttle this matter right here and now. "And there is more", the Tim Shaw of the Here is his chance. The Minister should do Education Department tells us, "$2,000 into himself a favour and come over and vote with your kick for professional development. So the Opposition on this motion. If the Minister bundle up yourself and your trusted staff and really believes that teachers and parents go for a little trip to New Zealand to see what a support this project, then he should go to a shambles they have made of their education P & C meeting. system over there." Time expired. 30 Apr 1997 Leading Schools 1193

Mr BAUMANN (Albert) (6.50 p.m.): The Leading Schools Program will mean the end Leading Schools Program is the most exciting of the transfer system and will be a threat to initiative in Queensland education in 20 years. teacher jobs. These inaccurate and incorrect As we have already heard, parent groups and statements have been effectively answered by school principals are in support of the program the department. and have publicly expressed their support and Mr Ardill: When? enthusiasm for it. Mr BAUMANN: For the information of Mr Ardill: How many? the member for Archerfield, I point out that Mr BAUMANN: The honourable Education Queensland has made it clear that member cannot count to that number. If he current transfer and allocation mechanisms will waits, I will let him know. These groups see remain in place. Schools can be given the that the Leading Schools Program promises necessary flexibility to implement school-based real and educationally exciting long-term management within these frameworks. The benefits for our schools and students. Schools QTU leadership has pointed to examples of and their communities can see through the school-based management in other States misinformation being spread by the QTU and overseas where there have been leadership and are excited by the opportunity substantial cuts in resources and where that is being offered to them. Some of the teachers have been sacked. The QTU simple facts demonstrate this case. leadership has tried to pretend that our For the benefit of the member for approach will have the same results. Archerfield, I point out that of the 608 larger I am proud to say that Queensland is schools in Band 8 to 11 that were eligible to different. Many of the other States did not join the pilot phase of the program, over 200 have a sound budgetary position when they showed interest in the program. Well over 170 introduced school-based management. They principals from these schools attended a four- had to make major cuts in budgetary day conference to find out more about the allocations to deal with higher levels of public program. I am advised by the department that indebtedness. In Queensland, we have a long it anticipates that there will be no difficulty in history of having a strong budget. We do not reaching the target of 100 schools to have to make budget cuts to deal with high undertake the pilot program beginning in July levels of public indebtedness. 1997. In other words, well over one-quarter of Unlike other States which have been the eligible schools submitted an expression of making cuts in school funding, the coalition interest about the pilot program to Education Government has increased funding available Queensland. The department will also have an to education in the State to over $3 billion. All appropriate number of schools to run the pilot of our schools are benefiting from increased phase. The Leading Schools Program has funding, especially where there is increased strong support among both primary and provision for deputy principals, non-contact secondary schools. Over half of the more than time for teachers, facility upgrades and a 170 school principals who attended the recent greater concentration on early literacy conference were from primary schools. programs. Whereas other States such as New It should be noted that these numbers South Wales fund teachers' salary increases were achieved in the face of virulent by making cuts of some $55m from services to opposition from the QTU leadership which schools, the Queensland Government is issued a directive banning schools from committed to a fully funded pay increase for submitting an expression of interest to the teachers of 12.5% over three years. Indeed, Leading Schools Program. However, over one- we can move into the Leading Schools quarter of eligible schools still decided to Program with a clear commitment to push an volunteer. The QTU leadership threatened a additional $150m per year through the school "deal" with schools that volunteered. That gate when the program is fully implemented. sounds familiar! Those schools persisted in The Leading Schools Program will involve their intention to become better informed school communities across the State. As I about this great opportunity. The QTU have said, there has already been a major leadership has continued to try to spread conference for over 170 principals. The same misinformation and fear among teachers and conference was attended by representatives schools. Despite that, the department advises of principals' associations and the president that it will easily achieve the number it needs and vice-president of the QCPCA. Further for the pilot phase. conferences will be held around the State to The QTU leadership has tried to mislead explain to representatives of leading school teachers by spreading rumours that the staff and P & C associations the opportunities 1194 Adjournment 30 Apr 1997 available to them. A Statewide consultative The club has a great history. Being the process is currently occurring on the proposals 75th anniversary of the club, it was wonderful for school councils in leading schools. to see the great success that we had at the Time expired. State titles which were held in Mackay this year. That was probably one of the best Question—That the words proposed to results that the club has had. I am proud to be be omitted stand part of the question—put; an active member of the Mooloolaba Surf Life and the House divided— Saving Club, as I have been for some years. I AYES, 42—Ardill, Barton, Beattie, Bird, Bligh, consider it a great privilege to be a member of Braddy, Bredhauer, Briskey, Campbell, D'Arcy, a club of this stature. De Lacy, Dollin, Edmond, Elder, Foley, Fouras, Gibbs, Goss W. K., Hamill, Hayward, Hollis, Lucas, The committee of the Mooloolaba Surf McElligott, McGrady, Mackenroth, Milliner, Mulherin, Life Saving Club comprises Mr Doug Jewrey, Nunn, Nuttall, Palaszczuk, Pearce, Purcell, the president, and his wife, Bev, who have Robertson, Rose, Schwarten, Smith, Spence, been supporters and great stalwarts of the Sullivan J. H., Welford, Wells. Tellers: Roberts, club over a number of years. Indeed, Mr Sullivan T. B. Jewrey is a life member of the club. Mr Joe NOES, 43—Baumann, Beanland, Borbidge, Connor, Western is the secretary of the club, and both Cooper, Cunningham, Davidson, Elliott, FitzGerald, he and his wife, Judy, are life members. Mr Gamin, Gilmore, Goss J. N., Grice, Harper, Healy, Jim Summers is the treasurer of the club. Hegarty, Hobbs, Horan, Johnson, Laming, Lester, Much can be said about the great work that Lingard, Littleproud, Malone, Mitchell, Perrett, Quinn, these people have done for the Mooloolaba Radke, Rowell, Santoro, Sheldon, Simpson, Slack, Surf Life Saving Club over a number of years. Stephan, Stoneman, Tanti, Veivers, Warwick, Watson, Wilson, Woolmer. Tellers: Springborg, Some time ago, when I first joined the club, it Carroll was in some financial difficulties. Those people took over the reins and have made it the great Pair: McCauley, Livingstone club that it is today. Much must be said of the Resolved in the negative. great work that those people have done. Motion, as amended, agreed to. Mr Laming: Hear, hear! Mr NUTTALL: I am pleased to hear the ADJOURNMENT honourable member for Mooloolaba endorsing my comments, for which I thank him. The Mr FITZGERALD (Lockyer—Leader of managers of the club are Reg and Rosalyn Government Business) (7.02 p.m.): I move— Cannon—a well-known name in Rugby "That the House do now adjourn." League circles for people of my era. Reg and Ros are well respected at Mooloolaba for the great work they have done. I take this Mooloolaba Surf Life Saving Club opportunity to congratulate them on the work Mr NUTTALL (Sandgate) (7.02 p.m.): that they do at the Mooloolaba Surf Life This evening it is a great pleasure for me to Saving Club. speak about the Mooloolaba Surf Life Saving The club continues to have strong support Club and the 75th anniversary of its existence. in its local community. It has never lost sight of The club is one of the biggest clubs in the purpose for its existence, that is, to save Queensland and, without doubt, it is one of lives on beaches. Indeed, it contributed greatly the leading clubs in Australia today. to the establishment of an additional tower On Saturday, 7 December 1996, following along the strip at Mooloolaba and has also extensions and renovations costing some contributed towards the running costs of not $1.7m, the club was officially opened by the only the tower but also the lifeguard who is Australian President of Surf Life Saving, Mr stationed there permanently during the life- Alan Welpton, AM. That was a very saving season. momentous occasion indeed for the club. The tie that I am wearing this evening has Approximately 500 or 600 guests attended the been made as a memento of the 75th year of function and it was a great day. the club. In particular, I thank Mr Barry Munro, The 75th Anniversary Committee who presented me with the tie. Barry is a long- comprises the club chairman, Mr Ted Turner, serving member of the club. He is both an and the deputy chairman, Mr Bruce Pitman. active member and a life member of the Those gentlemen are also preparing a history supporters club at Mooloolaba. I congratulate of the club. If any member would like a copy of everybody involved with the Mooloolaba Surf that booklet, feel free to give my office a call Life Saving Club on a great milestone in its and we will make suitable arrangements. 75th year. 30 Apr 1997 Adjournment 1195

Papaya Fruit Fly some time after that to guard against and Mr ROWELL (Hinchinbrook) (7.06 p.m.): ensure the detection of flare-ups. The papaya fruit fly is a major threat to The key benefit of the SIT project will be horticulture in not only north Queensland but the eradication of the papaya fruit fly. It will also the rest of Australia. In recognition of that also reduce the need for chemical controls on threat, the papaya fruit fly eradication commercial horticultural crops, ease interstate campaign is a national effort managed by and overseas market restrictions and allow Queensland on behalf of the Commonwealth travellers to freely carry all varieties of fruit and and the other States. To date, more than vegetables out of north Queensland. The $19m has been expended on control of the facility will return a substantial benefit to the papaya fruit fly under the local economy through the hiring of local Commonwealth/State cost-sharing construction, transport and supply contractors arrangement. The Queensland Government and employment opportunities for process has contributed an additional $4.5m on workers in the facility. infrastructure costs and direct industry subsidy The DPI is proud of the success achieved by way of waiving inspection fees. in the papaya fruit fly eradication campaign. Encouraging success has been achieved The staff have worked closely with industry towards eradicating the papaya fruit fly. and the north Queensland community, and I Monitoring results indicate that the population look forward with optimism to the continuing of papaya fruit fly is now low enough to allow collaboration as we enter Stage 3 of the the introduction of sterile insect eradication campaign to release sterile flies technology—SIT—to mop up the remaining and finally bring the papaya fruit fly pest to hot spots. SIT uses sterile insects to suppress extinction. This has been a long program, it or eradicate populations of insect pests. has involved a lot of people and it is a very Mating between a sterile male and a fertile wearing process for the farming community. female results in infertile eggs. SIT involves The final process that we are now mass rearing, sterilisation, and release of flies, entering—the sterilisation—with the flies being and has great environmental advantages. bred up in the tablelands should overcome the Last February, the Commonwealth and difficulties that we have faced with the papaya other States approved a budget of almost fruit fly. $24m for the papaya fruit fly eradication campaign in 1997-98, including $9.95m for Base Funding for Outside School the construction and commissioning of a SIT Hours Care facility for papaya fruit fly. Planning of the SIT facility is proceeding well. The chosen site is Hon. T. McGRADY (Mount Isa) on the Department of Primary Industries (7.11 p.m.): A lot of rhetoric is spoken in this Walkamin Research Station, midway between place, and people often stand up and simply Mareeba and Atherton in north Queensland. recite speeches which have been written for them by ministerial staffers or departmental As part of the planning process, the DPI is officers. But members must feel sickened to following Queensland Department of defend policies which they know themselves Environment requirements to assess the are totally wrong and are going to have an environmental impact of this development. adverse effect on the people and the This will ensure that all necessary approvals communities which they represent. Tonight I are given before the construction begins. The want to say a few words about the Federal facility will have a production capacity of 125 Government's decision to drastically cut million sterile flies per week from a breeding funding for the Outside School Hours Care colony of more than 20 million flies. The facility Program. will operate three shifts per day, seven days a week to achieve this target. In my home city of Mount Isa, the local police and citizens youth club runs a service However, because SIT is a complex whereby they take their bus around the development, the release program is not various schools and collect those children who expected to be at full strength until late 1998 participate in their scheme. These are the or early 1999. In the interim, existing children of working parents or single parents. eradication methods must and will be The club provides afternoon tea and organises continued to maintain the papaya fruit fly interesting activities for the students. Under a population at low levels. The release program scheme which was initiated by the former is planned to continue until at least the year Keating Government, the club receives about 2000 to ensure the eradication of the papaya $2,000 a month to assist in this program—a fruit fly. The facility will remain functional for program which attracts some 80 students per 1196 Adjournment 30 Apr 1997 day. This scheme has a staff ratio of one mind children at a lower cost. In the present person to 12 students, and there are economic climate, there are many people who approximately five full-time staff working to would feel forced into having their children provide this much-needed service. minded by these backyarders. In a circular dated 8 April 1997 from the I understand that mothers-in-law, aunties Commonwealth Department of Family and or close members of the family often mind Children's Services, the club was informed that children, and I am sure that nobody has much the funding is being reviewed, and the of a problem with that. But when people chances are that the funding will be simply advertise in the local paper and set up suspended. This will mean that the police and a business, surely there should be some citizens youth club has to increase the fees standards. There should be checks on the which it already charges, which would possibly premises. There should be checks on the mean that many of those children who character of the individuals so that parents participate in the scheme will not be able to know that they are placing their children in continue and will become latchkey kids. The safe hands when they go about doing their worse scenario, of course, would be that the work trying to assist with the family budget. scheme simply winds up. The backyard operators should have a register with their local council and meet any local laws How can any Government which calls such as those that apply to food handling and itself a caring Government preside over the storage. Indeed, if it is a business, then they removal of such funds? How can any member should be required to register with the council of Parliament who cares about the family as a business before they are able to register support such a policy? All too often we hear of at Medicare for the child care cash rebate. the problems facing youth. Here we have a program in existence which gives practical I do not want to start imposing conditions support to our young people, yet the Federal and standards on people, but I think each and Government is trying to wind it back and, every one of us in this Parliament has a indeed, abolish it. I appeal to the members of responsibility to ensure that those people who the coalition to put as much pressure as stand up and volunteer to mind our children at possible on their mates in Canberra who have, a price should have standards and should be over two Budgets, reduced the allocation to compelled to meet some of those standards child care by almost $1 billion—and, indeed, which are already forced on to day care more cuts are expected in the coming Federal mums. This is an emotional subject. There are Budget. They should ask them to think again many people out there who are—— about the road they are going down. Time expired. There is one other issue which I want to bring to the attention of this House. It Mobile Training Unit, Central concerns the plight and the concerns of day Queensland Institute of TAFE care mothers. This system has been in Mrs CUNNINGHAM (Gladstone) operation in our State for a number of years (7.16 p.m.): The Central Queensland Institute and has proved to be of enormous value to of TAFE has extended its services to clients in parents who need child-minding facilities. the more distant parts of my electorate Parents know that if they place their children in through the acquisition of a second mobile family day care, the premises and the day training unit. The mobile unit was the library for carers have all been checked out. There are the Gladstone City Council. It was purchased standards with which they have to comply. by TAFE and refurbished by college staff to There are conditions laid down. The premises include desks, PCs, a printer and an area for are inspected and the carers require character books. The unit will ensure greater access to references. Obviously, there is a cost involved. training by people in the more remote areas in With the withdrawal of funding by the our region. The mobile training unit will prove a Government, the cost of family day care will successful and cost-effective means of rise, which will bring us back to more and more delivering vocational training and education to backyard operators. isolated communities in central Queensland, Currently, backyard operators can place particularly to those who wish to return to the an advertisement in the local paper. There are work force or combine work and study. no standards. There are no conditions. There The unit, worth more than $200,000, are no checks on the premises or, indeed, the offers a range of training, from computing and character of the people minding children. business studies to literacy and numeracy and Because of the increased cost for professional engineering. Areas in our region already family day care, the backyarders can often benefiting from mobile training include Boyne 30 Apr 1997 Adjournment 1197

Island and Tannum Sands, which is about 20 training that could be adopted by many minutes from the Gladstone TAFE; Miriam communities across the State. The TAFE in Vale, which is about half an hour to three our region is very innovative. Rather than quarters of an hour away; and Calliope, which having everybody rush up to the TAFE is another half an hour away. It is proposed to college, it looks at ways of providing training cover areas such as the town of Seventeen externally—going into the workplace with Seventy, which is a good hour's drive over laptops and the like to provide training in some fairly rough road, Mount Larcom, computer skills. This TAFE mobile learning unit Banana, Theodore, Moura and Springsure. will provide yet another venue at which people I had the opportunity to accompany the can learn to improve their job opportunities Minister for Training a week or so ago when he and to improve their self-esteem. officially launched the mobile unit. We visited the unit when there was actually a class of Clunies Ross Centre, Brisbane computer students there. They were Technology Park predominantly mature-age students, most of whom would not be able to access the TAFE Mr CARROLL (Mansfield) (7.20 p.m.): in Gladstone because they had children at This week I inspected the new Clunies Ross school. With the TAFE on site at the Boyne Centre at the Brisbane Technology Park in the Island State School, these people—they were electorate of Mansfield, which I am pleased to all women—were able to drop their children at represent. The centre has been established as school because the course started at 9 o'clock an important part of the Queensland and was concluded by 3 o'clock, and they Government's commitment to innovation, were able to pick up their children afterwards. research and development in this State and Over a 10 or 12-week course these women will have its soft opening this Friday with a were able to improve their own skills without formal opening later on. It represents a joint greatly disadvantaging their responsibilities as investment of over $6m by the Queensland far as home and family were concerned. Government and the Ian Clunies Ross Memorial Foundation. It will provide a focus for We had a break and posed for a the advancement of science, technology and photograph. We talked to the ladies. They innovation in Queensland. This was the ethic were absolutely thrilled with the service that promoted by the man after whom the Clunies was being provided. They commented on its Ross Foundation was named. convenience. They commented on the fact that they could access the service, because Mr T. B. Sullivan: A great Australian. there is no regular bus service to Gladstone to Mr CARROLL: He was, indeed. Ian enable them to attend the TAFE campus. Clunies Ross was a great Australian, a They commented on the range of courses that champion of science in a country which has were made available. They commented on the not always been as well focused on science tutor—in this case it was a business tutor. and innovation as it should have been. He They commented on the facility generally. used his position as head of the CSIRO to They were absolutely thrilled with the great advantage for the promotion of science opportunity to expand their knowledge. With in Australia. In more recent years, many of this the mobile unit going to places such as Mount country's most eminent citizens have done an Larcom, Banana, Theodore, Moura and admirable job in honouring the memory of Ian Springsure—and, I would hope, up the Boyne Clunies Ross by conducting the affairs of the Valley—that will provide opportunities for foundation in such a way to ensure that there women and men, particularly mature-age is always private support for the great minds students, to broaden their skills base without which Australia produces. imposing an unnecessary cost or an With the strong support of the unnecessary impost on them. Queensland Minister for Tourism, Small I have to commend the TAFE college Business and Industry, the Clunies Ross people in the Gladstone area for their initiative. Centre will provide a focal point for science They found out that the mobile library was and technology in Queensland. It contains a going to be sold. They grabbed that major conference facility equipped with state- opportunity and purchased it for TAFE. I of-the-art audiovisual and presentation tools. commend them also for the refurbishment. It These are readily accessible to disabled folk was all done in-house. The people in our and the facility can seat 600 people. This is region are certainly the beneficiaries of this quite an amazing addition to the electorate of initiative. Given its success to date—and it has Mansfield, which did not have a facility of that been operating for only a very short period—I capacity. There is a licensed cafeteria and expect that that is an approach to remote excellent catering facilities. It is near the 1198 Adjournment 30 Apr 1997

Sunnybank Star Motel and right across the constituency of Mansfield. It is right next door road from the historic Hughsville Homestead, to the Upper Mount Gravatt regional business which is in the process of being redeveloped centre about which I have often spoken in this with the addition of 60 rooms of motel House. I am still keen to see that centre accommodation. properly recognised and developed. It is near This will be an ideal facility in the to the light industrial areas of Wecker Road, electorate. It also houses serviced offices for Mansfield and Kessels Road, Macgregor and small emerging technology firms, larger the many commercial offices in Mansfield and commercial office space for established firms Upper Mount Gravatt. The Clunies Ross seeking to associate themselves with this Centre will certainly be a drawcard for my project and display space suitable for trade electorate and I am very pleased to see that fairs and other expositions. The architecture our Government has seen to its development on the building is brilliant. It is very well in the electorate of Mansfield. constructed and contains some interesting watercut marble work. It is bright and open with good access to daylight and has really Closure of Union Mining attractive landscaping. I believe it will play a Mr HAYWARD (Kallangur) (7.25 p.m.): major role in assisting technology-based Today, a significant Queensland based mining companies in commercialising their research company announced that in the near future and development. 40 of its workers would be heading for the dole Honourable members may be aware that queue. Union Mining today informed the the loss of innovative projects to overseas Australian Stock Exchange that the manufacturers has been a major problem for Georgetown mine in north Queensland will this country for decades, mainly because there close in early June 1997. That announcement has been a lack of expertise or will to brings home to this Parliament the commercialise those ideas here in this country. demonstrated and absolute failure of the Our Government and the Clunies Ross Centre Borbidge Government to work for a solution to will work together to make sure that that is no the Wik decision. But a worse tragedy is that longer the case in Queensland. the lack of Government action means that this tragic outcome for a little town such as In September this year, the centre will Georgetown was preventable. play host to a major exposition. The International Association of Science Parks, The background to this lack of known as IASP, will conduct its Asia-Pacific Government action basically means that for regional conference there. It will be held in Union Mining to viably operate the conjunction with the Australia and New Georgetown site, around 10 new mining Zealand Association of Business Incubators leases needed to be granted each year. In the Conference. This should attract both past 18 months, only two mining leases have academics and a host of technology been granted to the company by the Mines businesses to Queensland. The greatest Department. Of course, the Mines Department feature of all this is the opportunities that that through the Minister and this Government conference will provide for Queensland and imposed a freeze on the granting of mining Australian business. It will put Queensland leases which further delayed the opportunity businesses back at the cutting edge in for this company to continue its mining activity advertising their products to the world. It will in Georgetown. This Government later also give those overseas companies an relented and released that freeze, but the opportunity to see what magnificent trouble is that time has run out and it is too opportunities exist for investment in late because the Georgetown mine has been Queensland. working for the last few months on The Queensland Manufacturing Institute uneconomic quantities of ore. It has been is right next door to the Clunies Ross Centre at forced to operate on low grades of ore. the Eight Mile Plains Technology Park. In my The company wants—and I think all view, the centre now caps off the Queenslanders want and need—a attractiveness of that centre to innovative Government that is willing to work to find a industry. The recent establishment of the solution to the problem; a Government that is nearby Silicon Works Centre has created new willing to resolve the issue, not simply go opportunities for design and manufacturing around inflaming it. All we have got from this firms to have access to the best computer- Government and this Premier is plenty of talk aided design facilities in the world. I am proud and no action. Let us look at it in a practical of this leading edge activity taking place in the context. Let us look at the overall impact on 30 Apr 1997 Adjournment 1199

Queensland. What sort of signal does this When we talk about Union Mining and its send to the mining industry in this State? In activities in Queensland, we are talking about this case, we have an operating mine today a Queensland-based public company—and notifying the Australian Stock Exchange that it they are rare enough as it is without this is going to close. What does that mean for happening to them. What did the Australian any future investment in Queensland? Surely Mines Handbook, which is generally known as we are going to see it stall. the bible of Australian mining, say about Union The big picture, of course, is the focus for Mining? It says under the heading of regional Queensland. For Georgetown, the "operations"— closure of the mine will mean the loss of about "UMG has the Georgetown gold 40 jobs in a town of only 300 people and a project near Georgetown in Qld. The plant loss of significant income to local businesses. milled 120,000t ore averaging 2.76g/t There will be in excess of $1m less circulating gold for 8,332 oz gold to year end in the town each year. Of course, a similar December 1995." amount will be foregone by the Government in Under "development", it says— taxes and charges that were used to fund the "UMG has the Croydon gold project operation. What will happen next in 150kmW of Georgetown, Qld, where a Georgetown? There will be a loss of a teacher; feasibility was underway based on a total there will be the closure of another business; resource of 0.74Mt @ 3.6g/t gold." and the whole regional nature of that area will begin to collapse because this Government is Under "exploration" it says— doing nothing. It just concentrates on inaction. "UMG explores for gold in Qld and It spends its time grandstanding on the issue. PNG." We now have a major industry which has sunk When the next edition of this handbook into chaos with the loss of jobs and, most comes out, it is going to say that there are no importantly, the loss of confidence that that operations in Queensland, no Queensland brings. The Mayor of the Etheridge Shire, development—— John Smith, has been quoted as saying that the closure of the town's major employer will Time expired. have a major effect on the morale of the Motion agreed to. town's people. The House adjourned at 7.30 p.m.