PARLIAMENT OF VICTORIA

PARLIAMENTARY DEBATES (HANSARD)

LEGISLATIVE COUNCIL

FIFTY-EIGHTH PARLIAMENT

FIRST SESSION

Book 7 Tuesday, 2 May 2017

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

By authority of the Victorian Government Printer

The Governor The Honourable LINDA DESSAU, AC The Lieutenant-Governor The Honourable Justice MARILYN WARREN, AC, QC

The ministry (from 10 November 2016)

Premier ...... The Hon. D. M. Andrews, MP

Deputy Premier, Minister for Education and Minister for Emergency Services ...... The Hon. J. A. Merlino, MP

Treasurer ...... The Hon. T. H. Pallas, MP

Minister for Public Transport and Minister for Major Projects ...... The Hon. J. Allan, MP

Minister for Small Business, Innovation and Trade ...... The Hon. P. Dalidakis, MLC

Minister for Energy, Environment and Climate Change, and Minister for Suburban Development ...... The Hon. L. D’Ambrosio, MP

Minister for Roads and Road Safety, and Minister for Ports ...... The Hon. L. A. Donnellan, MP

Minister for Tourism and Major Events, Minister for Sport and Minister for Veterans ...... The Hon. J. H. Eren, MP

Minister for Housing, Disability and Ageing, Minister for Mental Health, Minister for Equality and Minister for Creative Industries ...... The Hon. M. P. Foley, MP

Minister for Health and Minister for Ambulance Services ...... The Hon. J. Hennessy, MP

Minister for Local Government, Minister for Aboriginal Affairs and Minister for Industrial Relations ...... The Hon. N. M. Hutchins, MP

Special Minister of State ...... The Hon. G. Jennings, MLC

Minister for Consumer Affairs, Gaming and Liquor Regulation ...... The Hon. M. Kairouz, MP

Minister for Families and Children, and Minister for Youth Affairs ..... The Hon. J. Mikakos, MLC

Minister for Police and Minister for Water ...... The Hon. L. M. Neville, MP

Minister for Industry and Employment, and Minister for Resources ..... The Hon. W. M. Noonan, MP

Attorney-General and Minister for Racing ...... The Hon. M. P. Pakula, MP

Minister for Agriculture and Minister for Regional Development ...... The Hon. J. L. Pulford, MLC

Minister for Women and Minister for the Prevention of Family Violence ...... The Hon. F. Richardson, MP

Minister for Finance and Minister for Multicultural Affairs ...... The Hon. R. D. Scott, MP

Minister for Training and Skills, and Minister for Corrections ...... The Hon. G. A. Tierney, MLC

Minister for Planning ...... The Hon. R. W. Wynne, MP

Cabinet Secretary ...... Ms M. Thomas, MP

Legislative Council committees

Privileges Committee — Ms Hartland, Ms Mikakos, Mr O’Sullivan, Ms Pulford, Mr Purcell, Mr Rich-Phillips and Ms Wooldridge.

Procedure Committee — The President, Dr Carling-Jenkins, Mr Davis, Mr Jennings, Ms Pennicuik, Ms Pulford, Ms Tierney and Ms Wooldridge.

Legislative Council standing committees

Standing Committee on the Economy and Infrastructure — #Mr Barber, Mr Bourman, #Ms Dunn, Mr Eideh, Mr Elasmar, Mr Finn, Ms Hartland, Mr Leane, #Mr Melhem, Mr Ondarchie, Mr O’Sullivan and #Mr Rich-Phillips.

Standing Committee on the Environment and Planning — #Mr Barber, Ms Bath, #Mr Bourman, Mr Dalla-Riva, Mr Davis, Ms Dunn, Mr Eideh, #Ms Hartland, Mr Melhem, #Mr Purcell, #Mr Ramsay, Ms Shing, #Ms Symes and Mr Young.

Standing Committee on Legal and Social Issues — #Mr Barber, #Ms Crozier, #Mr Elasmar, Ms Fitzherbert, #Ms Hartland, Mr Mulino, Mr O’Donohue, Ms Patten, Mrs Peulich, #Mr Rich-Phillips, Mr Somyurek, Ms Springle and Ms Symes.

# participating members

Legislative Council select committees

Port of Melbourne Select Committee — Mr Barber, Mr Mulino, Mr Ondarchie, Mr Purcell, Mr Rich-Phillips, Ms Shing and Ms Tierney.

Joint committees

Accountability and Oversight Committee — (Council): Mr O’Sullivan, Mr Purcell and Ms Symes. (Assembly): Mr Angus, Mr Gidley, Mr Staikos and Ms Thomson.

Dispute Resolution Committee — (Council): Mr Bourman, Mr Dalidakis, Ms Dunn, Mr Jennings and Ms Wooldridge. (Assembly): Ms Allan, Mr Clark, Mr Merlino, Mr M. O’Brien, Mr Pakula, Ms Richardson and Mr Walsh.

Economic, Education, Jobs and Skills Committee — (Council): Mr Bourman, Mr Elasmar and Mr Melhem. (Assembly): Mr Crisp, Mrs Fyffe, Ms Garrett and Ms Ryall.

Electoral Matters Committee — (Council): Ms Patten and Mr Somyurek. (Assembly): Ms Asher, Ms Blandthorn, Mr Dixon, Mr Northe and Ms Spence.

Environment, Natural Resources and Regional Development Committee — (Council): Mr O’Sullivan, Mr Ramsay and Mr Young. (Assembly): Mr J. Bull, Ms Halfpenny, Mr Richardson and Mr Riordan.

Family and Community Development Committee — (Council): Mr Finn. (Assembly): Ms Britnell, Ms Couzens, Mr Edbrooke, Ms Edwards and Ms McLeish.

House Committee — (Council): The President (ex officio), Mr Eideh, Ms Hartland, Ms Lovell, Mr Mulino and Mr Young. (Assembly): The Speaker (ex officio), Mr J. Bull, Mr Crisp, Mrs Fyffe, Mr Staikos, Ms Suleyman and Mr Thompson.

Independent Broad-based Anti-corruption Commission Committee — (Council): Mr Ramsay and Ms Symes. (Assembly): Mr Hibbins, Mr D. O’Brien, Mr Richardson, Ms Thomson and Mr Wells.

Law Reform, Road and Community Safety Committee — (Council): Mr Eideh and Ms Patten. (Assembly): Mr Dixon, Mr Howard, Ms Suleyman, Mr Thompson and Mr Tilley.

Public Accounts and Estimates Committee — (Council): Ms Patten, Ms Pennicuik and Ms Shing. (Assembly): Mr Dimopoulos, Mr Morris, Mr D. O’Brien, Mr Pearson, Mr T. Smith and Ms Ward.

Scrutiny of Acts and Regulations Committee — (Council): Ms Bath and Mr Dalla-Riva. (Assembly): Ms Blandthorn, Mr J. Bull, Mr Dimopoulos, Ms Kilkenny and Mr Pesutto.

Heads of parliamentary departments

Assembly — Clerk of the Parliaments and Clerk of the Legislative Assembly: Mr R. W. Purdey Council — Clerk of the Legislative Council: Mr A. Young Parliamentary Services — Secretary: Mr P. Lochert

MEMBERS OF THE LEGISLATIVE COUNCIL FIFTY-EIGHTH PARLIAMENT — FIRST SESSION

President: The Hon. B. N. ATKINSON Deputy President: Mr K. EIDEH Acting Presidents: Ms Dunn, Mr Elasmar, Mr Finn, Mr Melhem, Mr Morris, Ms Patten, Mr Ramsay Leader of the Government: The Hon. G. JENNINGS Deputy Leader of the Government: The Hon. J. L. PULFORD Leader of the Opposition: The Hon. M. WOOLDRIDGE Deputy Leader of the Opposition: The Hon. G. K. RICH-PHILLIPS Leader of The Nationals: Mr L. B. O’SULLIVAN Leader of the Greens: Mr G. BARBER

Member Region Party Member Region Party

Atkinson, Mr Bruce Norman Eastern Metropolitan LP Mikakos, Ms Jenny Northern Metropolitan ALP Barber, Mr Gregory John Northern Metropolitan Greens Morris, Mr Joshua Western Victoria LP Bath, Ms Melina 2 Eastern Victoria Nats Mulino, Mr Daniel Eastern Victoria ALP Bourman, Mr Jeffrey Eastern Victoria SFFP O’Brien, Mr Daniel David 1 Eastern Victoria Nats Carling-Jenkins, Dr Rachel Western Metropolitan DLP O’Donohue, Mr Edward John Eastern Victoria LP Crozier, Ms Georgina Mary Southern Metropolitan LP Ondarchie, Mr Craig Philip Northern Metropolitan LP Dalidakis, Mr Philip Southern Metropolitan ALP O’Sullivan, Luke Bartholomew 4 Northern Victoria Nats Dalla-Riva, Mr Richard Alex Gordon Eastern Metropolitan LP Patten, Ms Fiona Northern Metropolitan ASP Davis, Mr David McLean Southern Metropolitan LP Pennicuik, Ms Susan Margaret Southern Metropolitan Greens Drum, Mr Damian Kevin 3 Northern Victoria Nats Peulich, Mrs Inga South Eastern Metropolitan LP Dunn, Ms Samantha Eastern Metropolitan Greens Pulford, Ms Jaala Lee Western Victoria ALP Eideh, Mr Khalil M. Western Metropolitan ALP Purcell, Mr James Western Victoria V1LJ Elasmar, Mr Nazih Northern Metropolitan ALP Ramsay, Mr Simon Western Victoria LP Finn, Mr Bernard Thomas C. Western Metropolitan LP Rich-Phillips, Mr Gordon Kenneth South Eastern Metropolitan LP Fitzherbert, Ms Margaret Southern Metropolitan LP Shing, Ms Harriet Eastern Victoria ALP Hartland, Ms Colleen Mildred Western Metropolitan Greens Somyurek, Mr Adem South Eastern Metropolitan ALP Herbert, Mr Steven Ralph 5 Northern Victoria ALP Springle, Ms Nina South Eastern Metropolitan Greens Jennings, Mr Gavin Wayne South Eastern Metropolitan ALP Symes, Ms Jaclyn Northern Victoria ALP Leane, Mr Shaun Leo Eastern Metropolitan ALP Tierney, Ms Gayle Anne Western Victoria ALP Lovell, Ms Wendy Ann Northern Victoria LP Wooldridge, Ms Mary Louise Newling Eastern Metropolitan LP Melhem, Mr Cesar Western Metropolitan ALP Young, Mr Daniel Northern Victoria SFFP

2 Appointed 15 April 2015 1 Resigned 25 February 2015 3 Resigned 27 May 2016 4 Appointed 12 October 2016 5 Resigned 6 April 2017

PARTY ABBREVIATIONS ALP — Labor Party; ASP — Australian Sex Party; DLP — Democratic Labour Party; Greens — Australian Greens; LP — Liberal Party; Nats — The Nationals; SFFP — Shooters, Fishers and Farmers Party; V1LJ — Vote 1 Local Jobs

CONTENTS

TUESDAY, 2 MAY 2017 Cherished Mother and Child ...... 1718 Anzac Day ...... 1718, 1719 ACKNOWLEDGEMENT OF COUNTRY ...... 1695 Holmesglen Private Hospital ...... 1718 RESIGNATION OF MEMBER Regional rail funding ...... 1719 Mr Herbert ...... 1695 Government performance ...... 1719 ROYAL ASSENT ...... 1695 Upper Ferntree Gully building height limit...... 1720 DRUGS, POISONS AND CONTROLLED LORD MAYOR’S CHARITABLE FOUNDATION SUBSTANCES MISCELLANEOUS AMENDMENT BILL 2016 BILL 2017 Second reading ...... 1720 Introduction and first reading...... 1695 Declared private ...... 1720 Statement of compatibility ...... 1695 Third reading ...... 1723 Second reading ...... 1699 CREATIVE VICTORIA BILL 2016 FAMILY VIOLENCE PROTECTION AMENDMENT Second reading ...... 1724 BILL 2017 Third reading ...... 1728 Introduction and first reading...... 1702 BUDGET PAPERS 2017–18 ...... 1728 JURY DIRECTIONS AND OTHER ACTS QUESTIONS WITHOUT NOTICE AMENDMENT BILL 2017 Member for Melton ...... 1728, 1729 Introduction and first reading...... 1702 Prison capacity ...... 1729, 1730 Statement of compatibility ...... 1702 Heyfield timber mill ...... 1730 Second reading ...... 1703 Caulfield–Dandenong line elevated rail ...... 1731 PORTS AND MARINE LEGISLATION AMENDMENT Portland aluminium smelter ...... 1732 BILL 2017 Child sexual abuse ...... 1732, 1733 Introduction and first reading...... 1707 Naloxone supply ...... 1733 Statement of compatibility ...... 1707 Correctional facility disability services ...... 1733, 1734 Second reading ...... 1709 Written responses ...... 1734 PETITIONS QUESTIONS ON NOTICE Crime prevention ...... 1711 Answers ...... 1734 AUDIT COMMITTEE CONSTITUENCY QUESTIONS Review of members second residence Southern Metropolitan Region ...... 1735, 1736, 1737 allowance ...... 1711, 1712 Western Metropolitan Region ...... 1735, 1736 UNIVERSITY OF DIVINITY Western Victoria Region ...... 1735, 1736 Report 2016 ...... 1712 Eastern Victoria Region ...... 1736 SCRUTINY OF ACTS AND REGULATIONS CONSUMER ACTS AMENDMENT BILL 2016 COMMITTEE Second reading ...... 1737 Alert Digest No. 5 ...... 1712 Third reading ...... 1739 ELECTORAL MATTERS COMMITTEE STATUTE LAW REPEALS BILL 2014 Electronic voting ...... 1712 Second reading ...... 1740 INDEPENDENT BROAD-BASED ANTI-CORRUPTION Third reading ...... 1740 COMMISSION SMALL BUSINESS COMMISSION BILL 2016 Operation Nepean ...... 1713 Second reading ...... 1740 OMBUDSMAN Committee ...... 1751 Apologies ...... 1713 Third reading ...... 1767 PAPERS ...... 1713 ADJOURNMENT STANDING COMMITTEE ON THE ENVIRONMENT Melbourne Regional Landfill ...... 1767 AND PLANNING Public transport disability access ...... 1767 Reporting date ...... 1715 Police numbers ...... 1767 BUSINESS OF THE HOUSE Newton Reserve, St Kilda...... 1768 Adjournment ...... 1715 Geelong–Melbourne rail service ...... 1769 MEMBERS STATEMENTS Responses ...... 1769 Western Metropolitan Region constituent ...... 1715 RULINGS BY THE CHAIR West Gate tunnel project ...... 1716 Questions on notice ...... 1769 Warrnambool May Racing Carnival ...... 1716 Member for Melton ...... 1716, 1719 Plastic bag ban ...... 1716 International Parliamentarians for West Papua ...... 1717 Local government elections ...... 1717 Safe access zones ...... 1717 Latrobe Valley employment ...... 1718

CONTENTS

WRITTEN RESPONSES TO QUESTIONS Eastern Victoria Region ...... 1797 WITHOUT NOTICE Western Metropolitan Region ...... 1798 Western Metropolitan Region ...... 1799 24 MARCH TO 2 MAY 2017 Western Victoria Region ...... 1800 Eastern Victoria Region ...... 1800 Desalination plant ...... 1771 Southern Metropolitan Region ...... 1801 Duck season ...... 1771 Western Victoria Region ...... 1802 Drug law reform ...... 1772 Western Metropolitan Region ...... 1802 Port Phillip Prison ...... 1772 Northern Victoria Region ...... 1803 Duck season ...... 1773 South Eastern Metropolitan Region ...... 1803 Child protection ...... 1773 Southern Metropolitan Region ...... 1803 Western Metropolitan Region ...... 1804 Western Victoria Region ...... 1804 ANSWERS TO CONSTITUENCY QUESTIONS Eastern Victoria Region ...... 1805 Southern Metropolitan Region ...... 1805 24 MARCH TO 2 MAY 2017 Northern Metropolitan Region ...... 1806 South Eastern Metropolitan Region ...... 1806 Western Victoria Region ...... 1775 Western Victoria Region ...... 1806 Western Victoria Region ...... 1776 Western Victoria Region ...... 1807 Southern Metropolitan Region...... 1776 Western Victoria Region ...... 1777 Northern Metropolitan Region ...... 1777 WRITTEN ADJOURNMENT RESPONSES Eastern Victoria Region ...... 1777 Eastern Victoria Region ...... 1778 TUESDAY, 2 MAY 2017 Western Metropolitan Region ...... 1778 Western Metropolitan Region ...... 1779 Bellarine Peninsula community safety ...... 1809 Eastern Metropolitan Region ...... 1780 Bangerang Cultural Centre ...... 1809 Western Victoria Region ...... 1780 Campaspe crime ...... 1810 Western Victoria Region ...... 1781 Heyfield timber mill ...... 1810, 1811, 1812 Eastern Metropolitan Region ...... 1781 Land 400 project ...... 1811, 1818 Northern Metropolitan Region ...... 1782 Energy supply ...... 1812 Eastern Victoria Region ...... 1782 West Gippsland Hospital ...... 1813, 1814 Western Metropolitan Region ...... 1783 Homeschooling ...... 1814 Southern Metropolitan Region...... 1783 Belfast Coastal Reserve ...... 1815 Northern Victoria Region ...... 1783 Ambulance services ...... 1815 Southern Metropolitan Region...... 1784 Kilmore-Wallan bypass ...... 1815 Eastern Metropolitan Region ...... 1784 Shepparton bypass ...... 1816 Northern Victoria Region ...... 1785 Moonee Valley planning permit ...... 1816 Eastern Victoria Region ...... 1786 Victoria Polytechnic skills development hub ...... 1816 Eastern Metropolitan Region ...... 1786 Thompsons Road duplication ...... 1817, 1818 Western Metropolitan Region ...... 1786 Essendon Airport ...... 1817 Western Metropolitan Region ...... 1787 Emerald Secondary College ...... 1818 Southern Metropolitan Region...... 1788 Buckley Street, Essendon, level crossing ...... 1819 Western Victoria Region ...... 1788 Syndal–Heatherdale pipe reserve trail ...... 1819 Eastern Metropolitan Region ...... 1789 Monbulk sewerage project ...... 1820 Southern Metropolitan Region...... 1789 Port Phillip Bay bait fishing ...... 1820 Northern Metropolitan Region ...... 1790 Richmond railway station ...... 1820 Western Metropolitan Region ...... 1790 Rushworth police numbers ...... 1821 Western Victoria Region ...... 1790 Goulburn Valley Highway ...... 1822 Northern Victoria Region ...... 1791 Ridesharing regulation ...... 1822 Western Metropolitan Region ...... 1792 Point Cook–Sneydes roads, Point Cook ...... 1823 Eastern Metropolitan Region ...... 1793 Cancer medication...... 1823 Northern Metropolitan Region ...... 1793 Family violence emergency relief ...... 1823 Northern Victoria Region ...... 1794 Burnet Park camp site ...... 1824 Western Victoria Region ...... 1794 Shepparton freight airport ...... 1824 Western Metropolitan Region ...... 1794 Federation Training ...... 1824 Western Metropolitan Region ...... 1795 Deep Creek boat ramp ...... 1825 Eastern Victoria Region ...... 1796 Sunbury Road duplication ...... 1825 Southern Metropolitan Region...... 1796 Ballarat rail line incident ...... 1826 Northern Victoria Region ...... 1797 Australian Pain Management Association ...... 1826

CONTENTS

Officer Primary School ...... 1827 10 529. Health ...... 1852 Northern Metropolitan Region road 10 530. Health ...... 1853 infrastructure ...... 1827 10 531. Health ...... 1853 CityLink-Tullamarine Freeway widening ...... 1827 10 532. Health ...... 1853 Eastern Ranges School ...... 1828 10 533. Health ...... 1854 Adolescent family violence ...... 1828 10 534. Health ...... 1854 Foster care ...... 1829 10 535. Health ...... 1855 Benalla railway station precinct ...... 1829 10 536. Health ...... 1855 School racial discrimination ...... 1830 10 537. Health ...... 1855 Port of Melbourne lease ...... 1830 10 538. Health ...... 1856 Melbourne Metro rail project ...... 1831 10 539. Health ...... 1856 Goulburn Valley Health ...... 1831 10 540. Health ...... 1857 Furlong Road, St Albans, level crossing ...... 1831 10 541. Health ...... 1857 Summary Offences Act 1966 ...... 1832 10 542. Health ...... 1857 Child protection ...... 1832 10 543. Health ...... 1858 Mouse control ...... 1833 10 544. Health ...... 1858 William Angliss Institute ...... 1833 10 545. Health ...... 1858 Southern Migrant & Refugee Centre ...... 1834 10 546. Health ...... 1859 Tatura V/Line services ...... 1834 10 547. Health ...... 1859 Gippsland bus services ...... 1835 10 548. Health ...... 1860 Mental health services ...... 1835 10 549. Health ...... 1860 Public Transport Access Committee ...... 1835 10 550. Health ...... 1861 Black Rock Primary School ...... 1836 10 551. Health ...... 1861 Shepparton rail services ...... 1836 10 552. Health ...... 1861 Assisted Suicide: The Musical ...... 1836 10 553. Health ...... 1861 Mildura passenger rail service ...... 1837 10 554. Health ...... 1862 Sunbury–Broadmeadows bus service ...... 1838 10 555. Health ...... 1862 Coburg High School ...... 1838 10 556. Health ...... 1862 Casey community crime forum ...... 1839 10 557. Health ...... 1863 Western Highway road safety ...... 1839 10 558. Health ...... 1863 Plan Melbourne: Refresh ...... 1840 10 559. Health ...... 1863 Sheep and goat electronic identification ...... 1840 10 561. Health ...... 1864 10 562. Health ...... 1864 10 563. Health ...... 1864 QUESTIONS ON NOTICE 10 564. Health ...... 1865 10 565. Health ...... 1865 TUESDAY, 2 MAY 2017 10 566. Health ...... 1865 10 567. Health ...... 1865 7658. Finance ...... 1843 10 568. Health ...... 1866 7703. Health ...... 1843 10 569. Health ...... 1866 7704. Health ...... 1845 10 570. Health ...... 1866 7721. Health ...... 1846 10 576. Health ...... 1867 9723. Corrections...... 1847 10 577. Health ...... 1867 9724. Corrections...... 1847 10 578. Health ...... 1868 10 503. Health ...... 1848 10 579. Health ...... 1868 10 504. Health ...... 1848 10 583. Energy, environment and climate 10 505. Roads and road safety ...... 1848 change ...... 1868 10 506. Roads and road safety ...... 1848 10 584. Treasurer ...... 1869 10 507. Roads and road safety ...... 1849 10 585. Energy, environment and climate 10 508. Roads and road safety ...... 1849 change ...... 1869 10 510. Roads and road safety ...... 1849 10 587. Roads and road safety ...... 1870 10 511. Roads and road safety ...... 1849 10 588. Roads and road safety ...... 1870 10 513. Roads and road safety ...... 1849 10 589. Roads and road safety ...... 1870 10 514. Roads and road safety ...... 1850 10 590. Roads and road safety ...... 1870 10 523. Families and children ...... 1850 10 591. Roads and road safety ...... 1871 10 524. Families and children ...... 1850 10 592. Roads and road safety ...... 1871 10 525. Public transport ...... 1851 10 593. Roads and road safety ...... 1871 10 526. Health ...... 1851 10 594. Roads and road safety ...... 1872 10 527. Health ...... 1851 10 595. Roads and road safety ...... 1872 10 528. Health ...... 1852 10 596. Public transport ...... 1872

CONTENTS

10 597. Public transport ...... 1873 10 951. Roads and road safety ...... 1890 10 598. Public transport ...... 1873 10 952. Roads and road safety ...... 1891 10 601. Roads and road safety ...... 1873 10 953. Roads and road safety ...... 1891 10 602. Health ...... 1874 10 954. Roads and road safety ...... 1891 10 603. Health ...... 1874 10 955. Roads and road safety ...... 1891 10 604. Health ...... 1875 10 956. Roads and road safety ...... 1891 10 606. Health ...... 1875 10 957. Emergency services ...... 1892 10 607. Health ...... 1875 10 958. Roads and road safety ...... 1892 10 609. Public transport ...... 1876 10 959. Roads and road safety ...... 1893 10 610. Public transport ...... 1876 10 960. Roads and road safety ...... 1893 10 611. Public transport ...... 1877 10 961. Roads and road safety ...... 1893 10 612. Public transport ...... 1877 10 962. Roads and road safety ...... 1893 10 613. Water...... 1878 10 964. Public transport ...... 1893 10 614. Public transport ...... 1878 10 965. Public transport ...... 1894 10 615. Public transport ...... 1879 10 966. Housing, disability and ageing ...... 1894 10 616. Roads and road safety ...... 1879 10 967. Housing, disability and ageing ...... 1894 10 617. Regional development ...... 1879 10 968. Housing, disability and ageing ...... 1894 10 618. Public transport ...... 1880 10 969. Housing, disability and ageing ...... 1894 10 909. Energy, environment and climate 10 970. Energy, environment and climate change ...... 1880 change ...... 1895 10 911. Energy, environment and climate 10 973. Roads and road safety ...... 1895 change ...... 1880 10 974. Training and skills ...... 1896 10 912. Energy, environment and climate 10 979. Roads and road safety ...... 1896 change ...... 1880 10 980. Roads and road safety ...... 1896 10 913. Energy, environment and climate 10 982. Tourism and major events ...... 1896 change ...... 1880 10 984. Small business, innovation and trade ...... 1897 10 914. Energy, environment and climate 10 985. Housing, disability and ageing ...... 1897 change ...... 1881 10 986. Housing, disability and ageing ...... 1898 10 915. Energy, environment and climate 10 987. Housing, disability and ageing ...... 1898 change ...... 1881 10 988. Housing, disability and ageing ...... 1899 10 916. Energy, environment and climate 11 016. Industry and employment ...... 1899 change ...... 1881 11 017. Energy, environment and climate 10 917. Energy, environment and climate change ...... 1899 change ...... 1881 11 018. Resources ...... 1900 10 918. Health ...... 1881 10 919. Health ...... 1882 10 925. Health ...... 1882 MEMBERS INDEX ...... i 10 926. Health ...... 1882 10 927. Health ...... 1883 10 928. Health ...... 1883 10 929. Health ...... 1883 10 930. Health ...... 1884 10 931. Health ...... 1884 10 932. Health ...... 1884 10 933. Health ...... 1885 10 934. Health ...... 1885 10 935. Health ...... 1885 10 936. Health ...... 1886 10 937. Health ...... 1886 10 938. Health ...... 1886 10 939. Health ...... 1887 10 940. Health ...... 1887 10 941. Health ...... 1887 10 942. Health ...... 1888 10 943. Health ...... 1888 10 944. Health ...... 1888 10 945. Health ...... 1889 10 946. Health ...... 1889 10 947. Health ...... 1889 10 950. Health ...... 1890

ACKNOWLEDGEMENT OF COUNTRY

Tuesday, 2 May 2017 COUNCIL 1695

Tuesday, 2 May 2017 Statement of compatibility

The PRESIDENT (Hon. B. N. Atkinson) took the Mr JENNINGS (Special Minister of State) tabled chair at 12.05 p.m. and read the prayer. following statement in accordance with Charter of Human Rights and Responsibilities Act 2006:

ACKNOWLEDGEMENT OF COUNTRY In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, (the charter), I make this The PRESIDENT — Order! On behalf of the statement of compatibility with respect to the Drugs, Poisons Victorian state Parliament I acknowledge the and Controlled Substances Miscellaneous Amendment Aboriginal peoples, the traditional custodians of this Bill 2017. land which has served as a significant meeting place of In my opinion, the Drugs, Poisons and Controlled Substances the first people of Victoria. I acknowledge and pay Miscellaneous Amendment Bill 2017, as introduced to the respect to the elders of the Aboriginal nations in Legislative Council, is compatible with human rights as set Victoria, past and present, and welcome any elders and out in the charter. I base my opinion on the reasons outlined members of the Aboriginal communities who may visit in this statement. or participate in the events or proceedings of the Overview Parliament this week. The bill amends the Drugs, Poisons and Controlled Substances Act 1981 to, among other things, prohibit the RESIGNATION OF MEMBER production, sale and promotion of substances (psychoactive substances) that either have a psychoactive effect when Mr Herbert consumed, or are represented as having such an effect. Amendments to existing police search, seizure and forfeiture The PRESIDENT — Order! I have been advised powers under both the Drugs, Poisons and Controlled by the Governor, by way of a letter dated 6 April 2017, Substances Act and the Confiscation Act 1997 will ensure of the resignation of Steve Herbert from this place. The those powers apply in relation to psychoactive substances. The bill also amends schedule 11 of the Drugs, Poisons and Governor wrote: Controlled Substances Act to reduce the large commercial and commercial trafficking quantities for The Governor transmits to the Legislative Council methylamphetamine. notification of the resignation of the Honourable Steve Herbert, member for Northern Victoria Region in the Human rights issues Legislative Council. Psychoactive substances reforms As I said, that was signed on 6 April. In order to consider the impact of the reforms related to psychoactive substances, it is necessary to turn to their ROYAL ASSENT purpose. The reforms are intended to overcome many of the practical difficulties in enforcing existing illicit drug Message read advising royal assent on 27 March to: prohibitions to newly emerging synthetic drugs, and prevent the harm that can be caused when they are consumed. Education and Care Services National Law Amendment Act 2017 Synthetic drugs are developed to mimic the effects of existing illicit drugs such as cannabis and ecstasy, while Urban Renewal Authority Victoria Amendment attempting to avoid drug control measures. They are often (Development Victoria) Act 2017 marketed as ‘legal highs’ and have been sold openly in Victorian Planning Authority Act 2017 some Victorian shops for the last 10 years. Prospective users may interpret the marketing and overt supply of these Wrongs Amendment (Organisational Child substances as meaning they are legal and safe to use, or less Abuse) Act 2017. harmful than illicit drugs. However, many of these substances have not been tested on humans, and their DRUGS, POISONS AND CONTROLLED ingredients and purity is generally unknown. SUBSTANCES MISCELLANEOUS Synthetic drugs have been linked to Australian hospital AMENDMENT BILL 2017 emergency admissions and even fatalities. For example, synthetic drugs were linked to three deaths in Victoria in a Introduction and first reading four-month period between 2013 and 2014, and last year the Alcohol and Drug Foundation issued a warning after Received from Assembly. 20 people were hospitalised after taking a new synthetic drug. The health and safety of others may also be at risk from those Read first time on motion of Mr JENNINGS who consume synthetic drugs. For example, the United (Special Minister of State); by leave, ordered to be Nations Commission on Narcotic Drugs has highlighted the read second time forthwith. potential for harm caused by instances of driving under the influence of synthetic drugs, and various symptoms

DRUGS, POISONS AND CONTROLLED SUBSTANCES MISCELLANEOUS AMENDMENT BILL 2017

1696 COUNCIL Tuesday, 2 May 2017

associated with consumption of some synthetic drugs, such as where the person displaying or causing or permitting the severe agitation, violent behaviour, psychosis, and paranoia. advertisement to be displayed knows that may be the result. Importantly, the offences also do not interfere with a person’s Prohibition against production, sale and promotion of right to freedom of expression in their home or online. psychoactive substances Search, seizure and forfeiture powers Clause 8 of the bill inserts new offences into the Drugs, Poisons and Controlled Substances Act. These new To ensure the new psychoactive offences are effective in provisions will make it an offence to produce (new preventing the harm that can be caused when synthetic drugs section 56D), sell or supply in the course of carrying out a are consumed, clauses 13–15 and 22–23 of the bill extend commercial activity (new section 56E) or advertise (new existing police search, seizure and forfeiture powers under both section 56F) psychoactive substances. The bill defines the Drugs, Poisons and Controlled Substances Act and the psychoactive substances to mean substances that either have a Confiscation Act to psychoactive substances and related items. psychoactive effect when consumed, or are represented as having such an effect, subject to a range of exclusions to Section 82 of the Drugs, Poisons and Controlled Substances prevent the overreach of the new offences. Act empowers a police officer to search, without warrant, a person, animal or vehicle when in a public place or a boat or The right to be presumed innocent until proved guilty aircraft where they suspect on reasonable grounds that there is (section 25(1)) a prohibited drug of dependence in respect of which an offence under part V of the act has been committed or is I note that the right to be presumed innocent until proved reasonably suspected of having been committed. In carrying guilty (section 25(1)) is not limited by the new offences. out such a search, section 82 also authorises the police officer Section 25(1) of the charter provides that a person charged seize any drug of dependence or instrument, device or with a criminal offence has the right to be presumed innocent substance they believe to be used or capable of being used for until proved guilty according to law. New section 56B of the or in the manufacture, sale, preparation for manufacture, Drugs, Poisons and Controlled Substances Act provides that preparation for sale, or use of any drug of dependence. existing section 104 of the Drugs, Poisons and Controlled Substances Act — which provides that persons accused of Section 83 of the Drugs, Poisons and Controlled Substances offences under the act generally bear the burden of proving Act allows the Magistrates Court to order the forfeiture of the any matter of exception, qualification or defence they wish to same substances and items capable of being seized under rely upon — does not apply to the new offences. section 82. These substances and items may also be destroyed or disposed of under section 91 of the act with the The right to freedom of expression (section 15(2)) authorisation of the Chief Commissioner of Police or relevant delegate (that is, without a court order) where required in the New section 56F will create two new offences prohibiting a interests of health or safety. person from displaying, or causing or permitting to be displayed certain advertisements in or on public places — Clause 13 of the bill expands the search and seizure powers including in or on vehicles and vessels in a public place in section 82 to also apply where a police officer has (which clause 4 of the bill clarifies has the same meaning as reasonable grounds for suspecting that there is a in the Summary Offences Act 1966). The first offence in new psychoactive substance, albeit without the need for the section 56F(1) will only apply where the person intends the police officer to suspect that an offence has been committed advertisement to promote the consumption, sale or supply of in respect of the psychoactive substance before the search a psychoactive substance. The second offence in section 56(2) power is triggered. Similarly, clauses 14 and 15 expand the will apply where the person knows that there is a substantial forfeiture and destruction powers in sections 83 and 91 to risk that the consumption, sale or supply of a psychoactive also apply to psychoactive substances and instruments, substance may be promoted by the advertisement. devices or substances that may be used for or in the production, sale, commercial supply or preparation for sale These two offences will, therefore, limit the right to freedom or commercial supply of a psychoactive substance. of expression (section 15(2)), which includes the freedom to impart information and ideas whether orally, in writing, in Finally, clauses 22 and 23 of the bill amend the Confiscation print, by way of art or any other medium. However, special Act so that, upon conviction of one of the new psychoactive duties and responsibilities are attached to the right to freedom substance offences, a court may order the forfeiture and of expression, and this right may be subject to lawful disposal of any related psychoactive substance or instrument, restrictions, including where reasonably necessary to protect device or substance that may be used for or in the production, public health or public order. sale, commercial supply or preparation for sale or commercial supply of a psychoactive substance. I consider that prohibiting the advertisement of psychoactive services as described is necessary to protect public health and The rights to freedom of movement (section 12) and freedom public order. As I have already identified, psychoactive of expression (section 15) substances have been marketed and sold openly in Victoria in a way that prospective users — many of whom may be young Where police use the expanded power in section 82 to search or naïve — may interpret as meaning the substances are legal a person, they will need to, at least temporarily, limit the and safe to use, or less harmful than illicit drugs. However, person’s freedom of movement (section 12) while conducting for the reasons I have explained, this is not the case. the search. Section 12 of the charter provides that every person lawfully within Victoria has the right to move freely Further, the offences are appropriately limited. They do not within Victoria and to enter and leave it and has the freedom prohibit all advertisements that relate to psychoactive to choose where to live. The use of these powers may also, in substances but only those that are either intended to promote certain circumstances, limit the right to freedom of the consumption, sale or supply of psychoactive substances or

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expression. These rights may also be limited where police use protects against the unlawful or arbitrary interference with a the powers to search a vehicle, animal, vessel, boat or aircraft person’s privacy. in or on which a person is travelling. The proposed inclusion of the expanded search power in the However, I consider that such limitations are justified in Drugs, Poisons and Controlled Substances Act means that the accordance with section 7(2) of the charter. As with the new compatibility with the right to privacy turns on whether any psychoactive offences, the extension of existing search interference is arbitrary, as the new powers will be lawful. powers is designed to prevent public health and safety The prohibition on arbitrariness requires that any interference consequences that may result from the consumption of new with privacy must be reasonable or proportionate to a law’s synthetic drugs. Failing to extend these powers would mean legitimate purpose. As described above, the consumption of that police would be powerless to prevent a potential user psychoactive substances can have critical impacts on a from consuming a synthetic drug — even where police are person’s health and it is essential that police have the ability aware that doing so may have serious health risks. to prevent that from occurring.

The new powers also include a range of safeguards that Further, the power to search is limited to where the person, minimise any limitation on the relevant charter rights. For vehicle, animal, boat, vessel or aircraft is in a public place. example, the powers may only be lawfully exercised where a This requirement is expressly stated in relation to searches of police officer suspects on reasonable grounds that there is a persons, vehicles or animals but it is also implied in relation psychoactive substance on the person, vehicle, boat, vessel or to vessels and aircraft as section 82 does not authorise entry aircraft. While this will ultimately be determined on the onto private premises. The search powers, therefore, do not individual facts of each case, cases such as Nguyen v. Elliot interfere with a person’s home. 6/2/1995 SC Vic demonstrate, the power does not extend to circumstances where the police officer is, for example, merely While the expanded search powers in section 82 do not curious as to whether there is a psychoactive substance. specify the manner in which any search may be conducted, this question must necessarily be determined by balancing the Unlike the existing powers in section 82 for drugs of circumstances giving rise to the need for the search against dependence, police will not also need to suspect that an any impacts of a search on the rights of the person. Section 38 offence has been committed. This does not mean that police of the charter ensures that police officers must act in a way will be able to search a person for legitimate products. As I that is compatible with a human right, and give proper have already outlined, the bill includes new offences that consideration to relevant human rights. In doing so, prohibit the production, sale or commercial supply of these section 7(2) of the charter would also require the police psychoactive substances. Several other Australian officer to consider any less-restrictive options available. jurisdictions, including New South Wales, South Australia Therefore, the police officer would need to consider, for and Western Australia, have similar offences and the example, the necessity of the search against the degree of importation of psychoactive substances into Australia is an force used, if any, the extent of the search, or the offence under section 320.2 of the commonwealth Criminal inconvenience caused by the search. These considerations Code Act 1995. will need to be made on a case-by-cases basis, taking into account all relevant factors. Rather, the difference between the existing search and seizure powers in relation to drugs of dependence, and their proposed Therefore, I consider that any interference with a person’s extension to psychoactive substance reflects the fact that the privacy under the extended search powers is lawful and not bill does not criminalise the simple possession of arbitrary. In particular, I consider that any interference will be psychoactive substances (whereas possession of a drug of proportionate to the purpose of preventing the harms that may dependence is an offence under section 73 of the Drugs, result from the consumption of synthetic drugs. Poisons and Controlled Substances Act). This decision to target the new offences at those responsible for making Property rights (section 20) synthetic drugs available in Victoria does not reduce the need for police to have appropriate powers to search persons in the The proposed extension of seizure, forfeiture and destruction circumstances described to prevent potential harm to both the powers in accordance with clauses 13–15 and 22–23 of the user and the wider public from the consumption of these bill also raise property rights. Section 20 of the charter substances. This may not be possible in all cases if police provides that a person must not be deprived of his or her were required to suspect that an offence had been committed. property other than in accordance with law. A deprivation of property is, therefore, permitted where authorised by I also note that any limitation of the right to freedom of legislation and is appropriately confined and structured. I movement is confined only to the period of time reasonably consider that the proposed extension of the existing powers necessary to conduct the search. satisfies these requirements.

The right to privacy (section 13(a)) The power to deprive a person of their property under the extended powers will be conferred by statute and for the Section 13(a) of the charter provides that a person has the purpose of preventing the consumption of synthetic drugs. As right not to have his or her privacy, family, home or stated earlier, and consistent with the purpose of preventing correspondence unlawfully or arbitrarily interfered with. A the consumption of synthetic drugs, only psychoactive person’s right to privacy may also be interfered with when a substances and instruments, devices or substances which a police officer conducts a search under the expanded powers, police officer reasonably believes to be used or capable of as it will either involve an interference with a person’s being used for or in the production, sale, commercial supply bodily integrity or, in the context of searches of vehicles, or preparation for sale or commercial supply of any animals, boats, vessels or aircraft, through the intrusion into psychoactive substance may be seized, forfeited or destroyed a person’s personal environment. However, the charter only under the amendments made by the bill.

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Further new section 82(2) of the Drugs, Poisons and Property rights (section 20) Controlled Substances Act provides that any such item that is seized must be dealt with according to law. That is, police Expanding the types of cases in which the confiscation of could only continue to hold or dispose of a psychoactive property under the serious drug offender regime applies raises substance or other item seized under section 82 in accordance the section 20 property rights. As I have already indicated, with a lawful power to do so. The amendments to section 83 those rights permit a deprivation of property where authorised in clause 14 provide one such mechanism for doing so. Under by legislation and appropriately confined and structured. those amendments, police may apply to the Magistrates Court for their forfeiture and disposal upon proof that they are such I consider that the proposed expansion of cases that may substances or items. This provides a well-established, trigger the existing serious drug offender regime satisfies independent court-based process and expressly provides an these requirements. The powers in the Confiscation Act opportunity for the court to direct notice to first be given to only apply to persons convicted of trafficking in large relevant persons, such as the person from whom the person commercial quantities of ice. These are the most serious was seized. The amendments to the Confiscation Act in cases of trafficking and it is reasonable to assume that in clauses 22 and 23 of the bill provide another similar process, those cases much of the offender’s property has been albeit post-conviction, for one of the new psychoactive obtained using the proceeds of criminal activity linked to substance offences. drug trafficking. While the bill lowers the threshold for trafficking in a large commercial quantity of As with the initial power to search for psychoactive methylamphetamine, it only does so to better reflect the substances and related items under section 82, the power to particular seriousness of the harms ice caused to the seize any such substances or items once found need not be community from the availability of ice in comparison to linked to a suspected offence. Nor is a successful prosecution other drugs of dependence in the same quantity. necessarily required before substances and items seized may be forfeited and destroyed. I recognise that the provision of Further, forfeiture of property under the serious drug offender forfeiture and destruction powers in particular are not regime will continue to be subject to various important commonly applied in relation to property that is not linked to safeguards regarding the restraint and forfeiture of property. For offending. However, as I have already explained, it is example, section 24 of the Confiscation Act provides that an essential that these powers apply in those circumstances. The accused may retain certain ‘protected’ property, such as alternative would completely undermine the public health and ordinary household items, clothing, tools of trade and property safety purposes of clauses 13–15 and 21–22 of the bill by used as transport under a prescribed value. These items cannot requiring police to return psychoactive substances that have be included in a restraining order and will not be subject to been seized to users if they are unable to commence automatic forfeiture limiting the impact on property rights. proceedings under the new psychoactive substance offences or any other relevant offences. Additionally, if a court makes a restraining order, any person claiming an interest in the property other than the accused can Finally, while the Drugs, Poisons and Controlled apply for an exclusion order, which will exclude certain Substances Act does not provide any separate power for a property from the operation of a serious drug offence person to seek the return of property seized from them in restraining order, where the interest was not subject to the accordance with section 82, such persons still have effective control of the accused. common-law remedies available to them where they believe police have no right for possession of the property. For Protection of families and children (section 17) example, a person may be able to apply to a court for an Section 17 of the charter states that families are the injunction for the return of property. fundamental group unit of society and are entitled to be Reduction of large commercial quantities for protected by society and the state. It also provides that every methylamphetamine child has the right without discrimination to such protection as is in his or her best interests and is needed by him or her by Clause 18 of the bill amends part 3 of schedule 11 to the reason of being a child. Drugs, Poisons and Controlled Substances Act, including by reducing the large commercial quantities of Expanding the types of cases in which the confiscation of methylamphetamine from 750 grams (pure) and 1 kilogram property under the serious drug offender regime applies also (mixed) to 500 grams and 750 grams respectively. has the potential to affect families and the ability of a child’s parents to provide for that child’s needs. However, the The purpose of reducing the large commercial quantity for safeguards under that regime will continue to protect families trafficking in methylamphetamine is to reduce the availability and children who may otherwise be adversely affected. of ice in Victoria by enabling courts to give greater deterrence and denunciation to trafficking of ice in particular, in light of For example, in addition to the safeguards under section 24, its prevalence and the harmful effects it has on the the Confiscation Act provides that an accused person may community. apply to the court for reasonable living and business expenses at any stage throughout the court proceedings, In addition to exposing offenders to higher penalties, the which may include medical expenses, rental or mortgage reduction in the large commercial quantities for trafficking in expenses or school fees. Section 26 of the Confiscation Act methylamphetamine will also expose a greater range of cases also enables a court, when it makes a restraining order or at to the ‘serious drug offender’ asset confiscation regime under any later time, to make such orders in relation to the the Confiscation Act. That regime provides for the automatic property to which the restraining order relates as it considers forfeiture of all property in which a person has an interest. just. For example, orders can be made under both these powers to ensure that an accused person is able to provide

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or maintain a reasonable standard of living for his or her drug being trafficked, and to disregard the harmfulness of the dependants. drug. Under this system, drug traffickers face one of three offences based on the quantity of drugs being trafficked: The Confiscation Act also specifically mitigates the risk that trafficking, trafficking in a commercial quantity, or trafficking family dependants will be left without a home as a result of in a large commercial quantity. The higher the quantity, the forfeiture of their residence. After forfeiture, dependants are greater the penalty that can be imposed by the courts. able to apply to the court for the payment of a prescribed amount of money from the sale of the property to secure However, the Drugs, Poisons and Controlled Substances Act alternative accommodation. The court has the discretion to 1981 generally applies similar quantity thresholds to a range order this payment if satisfied that the residence is not tainted of illicit drugs of dependence. For example, the large property and the dependant does not have sufficient financial commercial trafficable quantities of methylamphetamine are resources to purchase or rent alternative accommodation. the same as those for MDMA and cocaine. In the case of Ziad Haddara v. The Queen, the Court of Appeal stated that the The Hon. Gayle Tierney, MP prevalence of trafficking in ice is so great that general Minister for Police deterrence must be given more focus in the case of ice than other drugs and recommended that the trafficable quantities Second reading for methylamphetamine be revisited and that Parliament ‘legislate for lesser quantities to constitute both a commercial Ordered that second-reading speech be quantity, and large commercial quantity, of this very incorporated into Hansard on motion of dangerous drug’. Mr JENNINGS (Special Minister of State). Consequently, the bill will reduce the large commercial and commercial trafficable quantities for methylamphetamine — Mr JENNINGS (Special Minister of State) — I both when measured in its pure form and when mixed or cut move: with other substances.

That the bill be now read a second time. The new large commercial trafficable quantities for methylamphetamine will be reduced from 750 grams to Incorporated speech as follows: 500 grams of pure methylamphetamine and from 1 kilogram to 750 grams when mixed. The commercial trafficable The Drugs, Poisons and Controlled Substances Miscellaneous quantities will be reduced from 100 grams to 50 grams of Amendment Bill 2017 delivers important reforms to target pure methylamphetamine and from 500 grams to 250 grams those responsible for the trade in ice as well as synthetic when mixed. drugs. The bill also includes sensible reforms to facilitate the provision of appropriate treatment for drug-dependent This means, for example, that persons found to have persons while in police gaol. trafficked anywhere between 50 and 100 grams of high-purity ice could now find themselves being prosecuted for Lowering of commercial trafficking quantities for commercial trafficking instead of simple trafficking. methylamphetamine Similarly, those found to have trafficked between 500 and 750 grams of high-purity ice could now face large The Victorian government will ensure that those most commercial trafficking charges. responsible for Victoria’s illegal ice trade face tough and appropriate penalties that recognise the particularly harmful The penalties for commercial-level drug trafficking are very effects of ice on the community. serious. The maximum penalty for large commercial trafficking is life imprisonment and a fine of up to 5000 Ice is a horrific drug that causes devastating harm to penalty units (which currently equates to approximately individuals and communities across Victoria. According to $777 300), and for commercial trafficking, 25 years the Australian Criminal Intelligence Commission the market imprisonment and a fine of 3000 penalty units (approximately for ice in Australia is entrenched and expanding, and of all $466 380). In addition, offenders may also face asset illicit drugs, ice poses the highest risk to the Australian confiscation under the Confiscation Act. community. In Victoria, a Sentencing Advisory Council report released in March 2015 found that ice was the most Reducing the trafficable quantities for methylamphetamine common drug trafficked in commercial quantities in Victoria could therefore provide an increased deterrent as more over the preceding five years. trafficking will fall into the large commercial and commercial offence categories. Any corresponding reduction in Ice is highly addictive and its use can have both physical and trafficking of ice will in turn reduce the amount of ice being psychological health consequences for users, disrupts families circulated at any one time and restrict its availability to users. and communities, is linked to violence and property crime, and damages the environment. Significant work has been undertaken, and is continuing, on a comprehensive response to ice under Victoria’s Ice Action More specifically, the use of ice can make people aggressive Plan. Reducing the trafficable quantities for or violent. It can also lead to serious sleep deprivation that methylamphetamine as recommended by the Court of Appeal wreaks havoc with a person’s moods, anxiety levels, and can will provide an important addition to the supply reduction lead to symptoms of psychosis. This can have a significant measures contained in the plan. It is intended that doing so impact on family and friends, leading to conflict and isolation. will act as an important deterrent to drug traffickers and reduce the overall availability of ice in the community. Victorian courts sentencing offenders for drug trafficking matters are required to sentence based on the quantity of the

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New synthetic drug offences It may not always be possible to prove that a new substance has a ‘psychoactive effect’, such as because there has been The second set of reforms included in this bill is aimed at insufficient research on the substance to establish its effects. closing the loopholes in the Drugs, Poisons and Controlled That is why the scheme also applies to substances represented Substances Act 1981, which has resulted in some Victorian as having a psychoactive effect. Representations may be retail outlets — including tobacconists and sex shops — explicit. For example, it is intended that oral or written openly selling the synthetic drugs. comments likening the effects of the substance to those of another drug of dependence, getting ‘high’, or helping a person Synthetic drugs are developed to mimic the effects of illicit party could be captured under the new scheme. There may also drugs such as cannabis and ecstasy, while attempting to avoid be many other ways in which a substance could be represented existing drug control measures. They are often marketed as as having a psychoactive effect. Packaging that includes images ‘legal highs’. of marijuana leaves or psychedelic imaging and selling a substance in a form commonly associated with illicit drugs such Prospective users may interpret the marketing and overt as dried leaves, powder or pills, and even selling a substance, supply of these substances as meaning they are legal and safe the location a substance is sold are further examples of when a to use, or less harmful than illicit drugs. However, we know substance may be captured by the scheme. this simply is not the case. There is often no testing done to gauge the suitability of these synthetic chemicals for human The bill includes two safeguards so that the scheme does not consumption prior to distribution. As a result, the effect on inadvertently capture lawful products that may also stimulate drug users is unpredictable and potentially volatile, addictive or depress the central nervous system. First, substances will and toxic, especially if mixed with other substances. only be captured where any disturbance or change resulting from the stimulation or depression of the central nervous The World Health Organization’s Expert Committee on Drug system is ‘significant’. Otherwise legitimate products that Dependence has highlighted the dangers posed by synthetic may have some very low level psychoactive effects are not drugs. It has indicated that the harmful effects vary between intended to be captured. For example, while products such as substances but can include seizures, heart problems, high chocolate and coffee may make a person feel good or slightly blood pressure, withdrawal symptoms and more alert when they consume it, it is not intended that these dependence-producing properties, transmission of bloodborne substances would be captured on the basis that the changes infectious diseases through drug injection and overdoses. resulting from consumption are not considered ‘significant’ or Further risks are associated with instances of driving under noteworthy (as an additional safeguard, chocolate and coffee the influence of synthetic drugs. would also be excluded from the definition as types of food within the meaning of the Food Act 1984 where they comply In Australia, these risks have been realised, with synthetic with the food standards code). By contrast, a substance that drugs linked to hospital emergency admissions and even makes a consumer feel ‘high’ or results in the consumer fatalities, including three deaths in Victoria in a four-month feeling a state of euphoria is intended to be captured within period between 2013 and 2014. the definition. Victoria has sought to prohibit the sale of synthetic drugs by Second, the scheme also excludes other specified types of adding specific synthetic drugs — that is, by reference to their substances that are already regulated or controlled elsewhere, chemical structure — to the list of illicit drugs prohibited in such as food, liquor, poisons, therapeutic goods and medicinal Victoria. There are currently 37 types of synthetic cannabis. cannabinoids and 26 other new psychoactive substances or classes of substances currently prohibited under the act and its The safeguards do not, however, apply in cases where a supporting regulations. However, the diversity of substances lawful product is mixed with another substance that is a available and the speed with which new drugs are developed psychoactive substance. For example, the scheme would has frustrated the operation of Victoria’s schemes, creating apply in relation to a substance that contains tobacco leaves ambiguity around what substances are prohibited and making mixed with another substance that has a psychoactive effect enforcement costly and time-consuming. when consumed or which is represented as having a psychoactive effect when consumed. This new scheme, which is based on similar provisions already in place in several Australian and international Other illicit drugs will also be exempt. This means that jurisdictions, including New South Wales, South Australia, persons found manufacturing or selling drugs such as ice will Western Australia, the UK and Ireland, shifts away from continue to be subject to higher penalties under existing listing specific substances by their chemical composition and trafficking offences. Synthetic drugs already listed in instead seeks to capture substances based on their effect or schedule 11 of the Drugs, Poisons and Controlled Substances purported effect. Act will also attract the higher penalties. In this respect it is also important to note that the new scheme will complement, Substances captured by the scheme not replace, the current approach of prohibiting specific The scheme will apply to what are referred to in the bill as synthetic drugs based on their chemical structure. psychoactive substances. These are substances that, when Consequently, the bill also updates the current list of illicit consumed, have a psychoactive effect, or substances that are drugs to include several other specific synthetic drugs or represented as having a psychoactive effect when consumed. classes of synthetic drugs that are subject to temporary For the purposes of the scheme, a psychoactive effect is prohibitions under regulations. defined to mean either the stimulation or depression of the Scope of new offences person’s central nervous system, resulting in hallucinations or in a significant disturbance in, or significant change to, motor The new offences will prohibit the production, sale, function, thinking, behaviour, perception, awareness or mood, commercial supply and promotion of all psychoactive or causing a state of dependence, such as addiction.

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substances. Persons found contravening the new offences will Facilitating opioid substitution therapy in police gaols face a maximum penalty of two years imprisonment and/or a fine of 240 penalty units (which currently equates to over Finally, the bill includes reforms that will facilitate the $37 000). treatment of opioid-dependent persons in police gaols.

Consistent with the approach taken in New South Wales and Opioid substitution therapy is an effective treatment for several other of these jurisdictions, the bill is targeted at those opioid dependence, resulting from long-term heroin use or the responsible for bringing synthetic drugs into our community. problematic use of prescription opioids and over-the-counter It does not criminalise the simple possession of a codeine containing analgesics. psychoactive substance. However, where a synthetic drug has already been listed as an illicit drug of dependence the offence Drugs such as methadone and buprenorphine, which are of possession of a drug of dependence (under section 73 of administered as part of opioid substitution therapy, are the Drugs, Poisons and Controlled Substances Act 1981) will classified as schedule 8 poisons under the Drugs, Poisons and continue to apply. Controlled Substances Act. This means that medical practitioners or nurse practitioners wanting to administer, Similarly, while the bill prohibits the sale and commercial supply or prescribe opioid substitution therapy must first supply of psychoactive substances, it does not extend to apply to the Department of Health and Human Services for a persons who, for example, may purchase a psychoactive permit before doing so. substance on behalf of a group of friends and then share it with them. However, the offence would capture any ‘free The permit system is designed to enable the tracking of a steak knives’ type offers. For example, it will be an offence to patient’s treatment with schedule 8 poisons to avoid the risk supply a psychoactive substance for free as part of a separate of inadvertent multiple dosing and poisoning where the purchase to ensure shops cannot use such supply to avoid patient seeks opioid substitution therapy from multiple liability under this offence. practitioners.

The new offence of promoting psychoactive substances However, these risks do not arise where the person is in gives police the necessary powers to prevent the supply of custody. Further, the temporary nature of detention in police synthetic drugs before it is too late. The offence will apply gaols and high turnover of persons withdrawing from opioids where a person: means that medical practitioners and nurse practitioners within Victoria Police’s custodial health service often have displays, or causes or permits to be displayed, an insufficient time to apply for a permit to treat detained advertisement in a public place; and persons who are withdrawing from opioid substances before they are released. either intends that the advertisement promote the consumption or sale of a psychoactive substance, or is Consequently, the bill will exempt practitioners within aware of a substantial risk that the advertisement may custodial health service from requiring a permit. A similar have that effect. exemption already applies in relation to the treatment of prisoners by Corrections Victoria medical staff under The promotion offence is only intended to capture physical section 34F(a) of the Drugs, Poisons and Controlled advertisements. It is not intended to capture online Substances Act 1981. As with the existing exemption, advertisements. This ensures that the offence does not custodial health service practitioners would be authorised to inadvertently capture young people who may post online administer, supply or prescribe schedule 8 poisons both for about substances they have heard of or tried. Persons the period a person is detained in a police gaol, and also for a advertising psychoactive substances for sale online will still period of up to seven days after they are released. This will be able to be caught before any purchase is made as the ensure that the detained person’s treatment can continue until definition of ‘sell’ includes offering for sale. such time they are able to make an appointment with another medical practitioner in the community. Police search and seizure powers Appropriate safeguards will continue to apply to the The bill applies the existing illicit drug search, seizure and administration of opioid substitution therapy in police gaols. forfeiture powers to psychoactive substances. This will ensure Custodial health service practitioners will continue to be that the new synthetic drug offences can be effectively required to complete specialised training before they can enforced as well as empowering police to prevent potential administer such treatment. Custodial health service will also harm from synthetic drugs. continue to be required to notify the Department of Health and Human Services when they have treated a For example, police will be able to search without warrant drug-dependent patient with a schedule 8 poison so that the persons or vehicles for psychoactive substances in the same tracking of treatment is maintained. way that they can currently search for other illicit drugs. The search powers only apply in public places and where police I commend the bill to the house. have reasonable grounds for suspecting that they will find a psychoactive substance. Any psychoactive substance or Debate adjourned for Mr O’DONOHUE (Eastern related instrument found may then be seized. Victoria) on motion of Mr Ondarchie. The bill also enables courts to order the forfeiture of any property tainted in connection with the proposed new Debate adjourned until Tuesday, 9 May. psychoactive substance offences (such as the profits from the sale of psychoactive substances) upon conviction of such offences. This will provide a further strong deterrent against the sale of synthetic drugs.

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FAMILY VIOLENCE PROTECTION provides that problematic common-law directions on previous representation evidence are not required; AMENDMENT BILL 2017 improves the timing of majority verdict and Introduction and first reading perseverance directions and allows for more helpful directions on jury deliberations; Received from Assembly. makes amendments in relation to the exceptions to the Read first time on motion of Mr JENNINGS hearsay rule relevant to previous representations, the giving of evidence by alternative means and accepting (Special Minister of State); by leave, ordered to be majority verdicts; read second time forthwith. provides legislative backing for a general jury guide to [Statement of compatibility and second-reading speech assist jurors during the trial and their deliberations; and expunged by order of the house on 9 May.] applies relevant aspects of the Jury Directions Act 2015 to criminal proceedings that do not involve a jury. JURY DIRECTIONS AND OTHER ACTS Finally, the bill amends the Juries Act 2000 in relation to AMENDMENT BILL 2017 peremptory challenges in criminal trials.

Introduction and first reading Human rights issues Received from Assembly. Jury directions are the directions a trial judge gives to a jury to help them to decide whether the accused is guilty or not Read first time on motion of Ms PULFORD guilty. Jury directions aim to ensure that jurors reach their verdict according to the law, by informing jurors about the (Minister for Agriculture); by leave, ordered to be relevant law, and on how they should (or should not) use or read second time forthwith. assess the evidence in the trial. Statement of compatibility The reforms in the bill are relevant to the right to a fair hearing (section 25) and rights in criminal proceedings Ms PULFORD (Minister for Agriculture) tabled (section 24) of the charter. In addition to these rights, the bill also engages the freedom of expression (section 15) and the following statement in accordance with Charter of protection of children (section 17). Human Rights and Responsibilities Act 2006: Right to a fair hearing (section 24) In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (the charter), I make this Section 24 of the charter provides that a person charged with statement of compatibility with respect to the Jury Directions a criminal offence has the right to have the charge decided by and Other Acts Amendment Bill 2017. a competent, independent and impartial court or tribunal after a fair and public hearing. In my opinion, the Jury Directions and Other Acts Amendment Bill 2017, as introduced to the Legislative The bill promotes this right through a number of Council, is compatible with human rights as set out in the improvements to jury directions. The aim of the Jury charter. I base my opinion on the reasons outlined in this Directions Act 2015 is to assist judges in providing simple, statement. clear and focused directions on the law and the evidence in the case that jurors are likely to listen to, understand and Overview apply. This enhances the fairness, competency and integrity of jury trials. The bill extends this by inserting specific The bill addresses a number of problematic areas of law to evidentiary jury directions on problematic areas of law: the provide for clear and simple jury directions on: evidence of an accused, interest in the outcome of the trial and motive to lie (clause 5, new sections 44H–M), and differences the giving of evidence by an accused; in a complainant’s account (clause 7, new section 54D, which is relevant only to sexual offence trials). The bill also interest in the outcome of the trial; prohibits or discourages problematic directions on previous motive to lie, and representations (clause 5, new sections 44B–D) and on the truthfulness or reliability of a victim’s evidence (clause 5, differences in a complainant’s account of an alleged new section 44F). sexual offence. The bill also promotes the right to a fair hearing by clarifying The bill also: when trial judges may and may not give perseverance and majority verdict directions (clause 9, new sections 64B–C). abolishes an unhelpful common-law direction on the By separating the perseverance and majority verdict truthfulness or reliability of a complainant’s evidence; directions, each direction will be clearer and more helpful for the jury in understanding what it may or must do at a relevant stage of deliberations. The bill also enables trial judges to accept majority verdicts at any time if they consider that the jury has had a reasonable time for deliberations, having

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regard to the nature and complexity of the trial (clause 22), The bill also introduces a provision that prohibits certain rather than having to wait for the arbitrary time period of generalised statements or suggestions by the trial judge and 6 hours to lapse. counsel about the interest of the accused or a witness in the outcome of the trial (clause 5, new section 44H). I do not In relation to jury deliberations, the bill allows trial judges to consider that this provision limits any of the rights in direct juries on the order in which certain matters are section 25(2), such as the right to defend oneself considered during deliberations, such as alternative offences, (section 25(2)(d)) or the right to examine witnesses elements of offences and defences (clause 9, new (section 25(2)(g)). The prohibition applies equally to both sections 64E–F), and facilitates the use of a jury guide parties, as well as the trial judge, and relates to general (clause 12). These changes will have a positive impact on jury comments about interest in the outcome of the trial, which trials by providing more guidance to juries in working does not preclude defence counsel making an argument as to through complex issues and will improve the structure and a particular interest held by a witness. efficiency of deliberations. Freedom of expression (section 15) The bill also repeals mandatory directions relating to giving evidence by alternative means (clauses 13 and 19). Section 15 of the charter contains the right to freedom of Alternative arrangements such as prerecording of evidence or expression. The bill contains provisions that prohibit certain giving of evidence by CCTV are now commonplace. statements or suggestions (clause 5, new section 44H — Research shows that ‘limiting’ directions such as these (e.g. interest in the outcome of the trial) as well as prohibitions on where the jury is told not to draw adverse inferences from the trial judges making certain directions (clause 5, new use of such arrangements) often have the opposite effect to section 44F — regarding truthfulness or reliability of a what is intended. However, while such directions will no victim’s evidence and clause 5, new section 44J — regarding longer be mandatory, trial judges will be able to continue evidence of an accused). These minor restrictions on the right giving these directions if the circumstances of the case to freedom of expression fall within section 15(3)(a) of the require. charter, as they are reasonably necessary to protect the rights of persons in the proceedings, such as the accused and the By encouraging the use of a general jury guide which will alleged victim. assist jurors to understand key concepts relevant to all criminal trials and provide information about how to organise Protection of children (section 17) jury deliberations (clause 12), the bill will promote better informed jurors. This will increase the likelihood of verdicts Section 17(2) of the charter provides for a child’s right to based on the relevant law and evidence, and enhance the protection without discrimination. The bill promotes this right integrity of the trial process. by extending the current exception to the hearsay rule in section 377 of the Criminal Procedure Act 2009. The current Finally, the bill sets out the law relating to peremptory exception applies to complainants in sexual offence matters challenges during jury selection in a criminal trial (clause 21). who are under 18 when the matter reaches court. The This amendment promotes fair trial rights by ensuring that an amendments to section 66 of the Evidence Act 2008 will accused has an adequate opportunity to assess potential jurors apply the hearsay exception to alleged victims of any criminal and participate in the process of empanelling the impartial offence who are under 18 years of age when they make the jury that will determine their innocence or guilt. representation (clauses 14 and 17). Including representations made by any person before they turn 18 reflects that there can In my opinion, the changes contained in the bill promote, and be lengthy delays between the alleged offending and the start in no way limit, the right to a fair trial. of proceedings, and that it is unfair to exclude relevant evidence from a child just because they turn 18 before the Rights in criminal proceedings (section 25) matter reaches court.

Section 25 of the charter sets out rights in criminal For the reasons outlined above, I consider that the proceedings: subsection (1) provides for the right to the amendments contained in this bill are compatible with human presumption of innocence while subsection (2) sets out rights as set out in the charter. specific minimum guarantees in these proceedings. The Hon. Gayle Tierney, MP Directions on the evidence of the accused and interest in the Minister for Corrections outcome of the trial (clause 5, new section 44I) and motive to lie (clause 5, new section 44L) expressly promote the right to Second reading the presumption of innocence by requiring trial judges to reiterate the onus of proof on the prosecution when giving these directions. The direction in new section 44I also Ordered that second-reading speech be promotes the right of the accused not to be compelled to incorporated into Hansard on motion of testify against themselves (section 25(2)(k) of the charter) by Ms PULFORD (Minister for Agriculture). providing that trial judges must inform the jury that an accused is not required to give evidence and that their Ms PULFORD (Minister for Agriculture) — I evidence must be assessed in the same way as the evidence of move: any other witness. That the bill be now read a second time.

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Incorporated speech as follows: Directions on previous representations

Introduction A previous representation is a statement made outside of the court proceeding, such as a witness’s earlier statement to This bill continues the very important process of jury police. Jury directions on this evidence aim to instruct juries directions reforms in Victoria. on how they may use (or not use) the evidence and, where relevant, its potential unreliability. Directions on use of this Jury directions are the directions a trial judge gives to a jury to evidence are working well, and do not need specific help them to decide whether the accused person before them legislative intervention, and the Jury Directions Act already is guilty or not guilty. Given the fundamental importance of contains directions on unreliable evidence. trial by jury to Victoria’s criminal justice system, these directions must be as helpful, relevant and fair as possible. However, the common law currently requires trial judges to give additional directions on previous representations that are The jury directions reform process has been underway for confusing or unhelpful for jurors. For example, judges must some years. The first Jury Directions Act commenced in sometimes direct that evidence from a witness who heard a 2013. That act created a new framework for determining statement is not independent proof of the facts stated. This which directions are given in a criminal trial and encouraged direction could be misunderstood by jurors to mean that a a collaborative culture between trial judges and counsel by complainant’s evidence needs to be independently confirmed, requiring discussions about which directions should be given which is not correct. and the content of those directions. The act also supported trial judges giving a short and tailored summing up, The bill will clarify and simplify this area of the law by encouraged better ways of communicating with juries, and making it clear that this, and other problematic common-law addressed two problematic jury directions. directions, are not required. While trial judges may still give such directions if appropriate, these provisions will reassure The current Jury Directions Act 2015 made improvements to trial judges that they do not need to ‘appeal proof’ their trials the 2013 act and added new provisions to clarify and simplify by giving these directions in each case. jury directions on issues such as unreliable evidence, and delay and credibility. The act has been very well received by Directions on the accused giving evidence and interest in the the courts and other stakeholders. outcome of the trial

This bill will build on these reforms by amending the Jury The accused is not required to give evidence in a criminal Directions Act 2015, and making related amendments to trial. However, if an accused decides to give evidence, the other acts including the Criminal Procedure Act 2009 and the common law may require the trial judge to give certain Juries Act 2000. These reforms include clarifying the content directions about that evidence that are confusing, unnecessary of particular directions, discouraging or abolishing unhelpful or inaccurate. These include a direction which provides that and confusing directions, removing arbitrary time the jury should treat the accused’s evidence in the same way requirements for jury deliberations and introducing new as other witnesses, but that the accused is probably under directions to address common misconceptions. more stress than any other witness.

The Department of Justice and Regulation (the department) On a related issue, the common law prohibits trial judges has prepared a report, Jury Directions: A Jury-Centric from directing the jury that an interest in the outcome of the Approach Part 2, which sets out in detail the reasons for these trial is a factor to consider when assessing witnesses, reforms. including the accused. The rationale is that such a direction would undermine the presumption of innocence, because the Like the previous jury directions reforms, the reforms to the accused always has an interest in the outcome of the trial. The Jury Directions Act and the related reforms to other acts have prosecution is also prohibited from raising this issue. been discussed in detail by the expert advisory group However, uncertainty as to the scope of this prohibition has established by the department to assist in the reform process. led to appeals and retrials, while juries do not receive The input of the advisory group has been vital to ensure that assistance on how to assess interest in the outcome of the trial. the proposed jury directions reforms are fair, clear and effective. I thank the members of the advisory group for their The bill will clarify what can and cannot be said about both contributions over the last six years. the evidence of an accused and interest in the outcome of a trial. For example, trial judges and parties will be prohibited Amendments to the Jury Directions Act 2015 from suggesting that an accused’s evidence is less credible or requires more scrutiny than the evidence of other witnesses. This bill builds on the current act by addressing a number of However, consistent with other credibility directions in the problematic jury directions. The bill will also clarify how the Jury Directions Act, trial judges and the parties will continue Jury Directions Act applies to criminal proceedings before to be able to comment on how a witness’s or accused’s magistrates and appellate judges. For example, the Jury particular interest in the outcome of the trial does or may Directions Act provides that forensic disadvantage to an affect their credibility. accused due to delay may only be taken into account if the court is satisfied that the accused has actually experienced a The bill will allow a trial judge to remind the jury that the significant forensic disadvantage. It is appropriate that a accused is not required to give evidence and that the onus of magistrate hearing a criminal case involving delay and proof has not changed because the accused gave evidence. forensic disadvantage uses this same reasoning. The judge may also direct the jury to assess the evidence of the accused in the same way as any other witness. This will guide the jury on how to assess the accused’s evidence fairly.

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The bill will also prohibit trial judges from giving certain However, the bill will affect the order and timing of problematic common-law directions. perseverance and majority verdict directions. If a jury is having difficulty reaching a unanimous verdict, trial judges Directions on motive to lie can give a direction encouraging the jury to persevere. If this direction is given, trial judges can simultaneously explain the During a trial, counsel may argue that a prosecution witness, procedure for returning a majority verdict. For example, a including the complainant, has a motive to lie about the judge may say ‘in some circumstances, I can allow you to alleged offence, for example, financial gain. The prosecution give a majority verdict instead of a unanimous one. But it is may rebut that motive, or it may be suggested that the witness not yet time for that, and may never be. So I urge you to does not have a motive to lie (for example, the witness may return to the jury room and try to resolve your differences’. say ‘Why would I lie about this?’). Trial judges must While these statements are technically correct, giving them at currently give lengthy directions on motive to lie that are the same time is confusing and unhelpful, and may also put unclear in scope and may reinforce outdated notions that pressure on juries to compromise. victims, particularly of sexual offences, frequently lie. For example, trial judges must direct the jury that the absence of a Accordingly, the bill will clarify this area by providing that motive to lie cannot enhance a complainant’s credibility as trial judges must not give a perseverance direction there are many reasons people may lie. Confusingly, juries immediately before, at the same time as, or immediately after, are then told not to speculate about any motive to lie. a majority verdict direction. In addition, trial judges will no longer have to direct the jury to persevere before accepting a The bill will ensure that directions on motive to lie focus on majority verdict (as they are in the best position to determine the burden of proof and are fair to both the accused and the whether such a direction is appropriate in the particular case). alleged victim. The bill sets out what trial judges must include By separating the perseverance and majority verdict in a direction (e.g. that the prosecution bears the burden of directions, each direction will be clearer and more helpful for proof and the accused does not need to prove a witness had a jurors in understanding what they may or must do. motive to lie). Other than this direction, the bill makes it clear that trial judges are not permitted to direct on motive to lie. Directions on jury deliberations This will ensure that the question of credibility of a witness is left to the jury to assess, as is appropriate. Presently, trial judges can only direct the jury as to the sequence in which verdicts must be delivered in court, not the Directions on differences in a complainant’s account particular order in which it should consider alternative charges or elements of an offence. For example, a judge Defence counsel often use differences in accounts to discredit cannot direct the jury to consider the offence of murder before the complainant’s credibility or reliability. Research shows considering the alternative offence of manslaughter or direct that people retain and recall memories differently, and that when the jury must consider self-defence. This distinction is truthful accounts often contain differences. For example, an arbitrary, and gives juries little assistance in structuring their August 2016 report published by the Royal Commission into deliberations. In some trials, there is a logical order in which Institutional Responses to Child Sexual Abuse found that in to consider offences or elements. the sample study, defence counsel raised inconsistencies within the complainant’s own evidence in more than 90 per The bill will allow trial judges to direct on the order in which cent of cases. Trauma can also exacerbate the normal juries must consider the offences charged, as well as some or variability of memory. However, these issues are not all of the elements of an offence or alternative offence, any commonly understood. Instead, it is a common misconception defences and relevant issues in dispute. This will provide that a ‘real’ victim would remember all the details of an clear guidance to juries about how to structure their offence, and describe that offence consistently each time, to deliberations, which may assist in more complex cases. any person, in any context. Directions on doubts regarding the truthfulness and reliability The bill will allow trial judges to address this misconception of a complainant’s evidence in appropriate cases. The direction will include that people may not remember all the details of a sexual offence or The New South Wales case of R v. Markuleski [2001] describe an offence consistently each time, and that it is 52 NSWLR 82 requires trial judges, in word against word common for there to be differences in accounts. However, the cases (commonly sexual offence cases), to direct juries that if direction will also emphasise that it remains up to the jury to they have a reasonable doubt concerning the truthfulness or decide whether any differences are important and whether reliability of the complainant’s evidence in relation to one or they believe some, all or none of the complainant’s evidence. more charges, that must be taken into account in assessing the truthfulness or reliability of the complainant’s evidence In line with the current directions on delay and credibility, the generally. direction would address the risk that a juror will make an unwarranted assumption about differences in a complainant’s Victorian courts have criticised the direction for being account. It would encourage jurors to consider the confusing, misleading and inconsistent with other directions, complainant’s evidence with an open mind, while not such as the direction to consider each charge separately. It is restricting the ability of defence counsel to argue how also criticised for being overly advantageous to the accused. differences in the particular complainant’s account may affect their credibility or reliability. While it is unlikely that the direction would often be given under the Jury Directions Act, there are good reasons for not Directions on perseverance and majority verdicts giving the direction at all. Accordingly, the bill will specifically prohibit Markuleski directions. Majority verdicts in criminal trials are available for all Victorian criminal offences, except for murder, treason and certain major drug offences. This bill will not change these rules.

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Jury directions related amendments to other acts or statement about an alleged offence will often be the best evidence of contested facts. Broadening this exception to all In addition to amending the Jury Directions Act 2015, the bill criminal proceedings, not just sexual offence proceedings, will make related reforms to a number of other acts. will ensure that other serious criminal offences are covered, such as family violence offences. Including representations Alternative evidence directions — amendments to the made by any person before they turn 18 reflects that there can Criminal Procedure Act 2009 and the Evidence be lengthy delays between the alleged offending and the start (Miscellaneous Provisions) Act 1958 of proceedings, and that it is unfair to exclude relevant evidence from a child just because they turn 18 before the The Criminal Procedure Act allows certain witnesses, matter reaches court. including witnesses in sexual offence and family violence proceedings, to give evidence by alternative means (e.g. by Legislative support for a jury guide — amendments to the CCTV). Other witnesses, such as child complainants, may Criminal Procedure Act 2009 have their evidence prerecorded. These provisions recognise that the conventional way of giving evidence can be highly Section 222 of the Criminal Procedure Act gives trial judges traumatic and confronting in such cases, and that the broad discretion to address juries on matters that are relevant alternative arrangements do not interfere with an accused’s to the performance of the jury’s functions. Section 223 of that right to a fair trial. The use of such arrangements is now act allows judges to give juries a variety of documents to help common. them understand the issues and evidence in the trial.

When evidence is given in such a way, provisions in the The expert advisory group that was formed to assist with the Criminal Procedure Act require trial judges to warn jurors not jury directions reform process has developed a general jury to draw any adverse inference to the accused, or give the guide, which is a written document summarising preliminary witness’s evidence any greater or lesser weight, because of directions given in all criminal trials (covering, for example, the making of the arrangements. Section 42V of the Evidence the role of the judge and jury, and fundamental legal concepts (Miscellaneous Provisions) Act 1958 is an equivalent such as the presumption of innocence). The guide also assists provision relating to audiovisual links. the jury with their deliberations. The guide is currently being trialled in the County and Supreme courts. Jurors will be These directions are meant to minimise the risk of prejudice surveyed to see whether the jury guide is effective or could be to the accused. However, as CCTV and video recordings are improved. If the guide proves to be as useful as is expected, now commonplace, the directions are no longer necessary in the bill will enable regulations to be made requiring its use in each case. every trial.

Accordingly, the bill will repeal these provisions. Time limits for taking majority verdicts — amendments to the Juries Act 2000 Exceptions to the hearsay rule — amendments to the Criminal Procedure Act 2009 and the Evidence Act 2008 Currently, trial judges may only accept a majority verdict if the jury has deliberated for at least 6 hours. If the jury The hearsay rule generally prevents a jury from hearing indicates that it has become deadlocked (in an unresolvable evidence from an alleged victim of an offence about what he way) early in its deliberations, particularly in simple trials, the or she said about the offence out of court. It may also prevent judge must still wait until the 6-hour mark before directing other people giving evidence about what the alleged victim the jury about returning a majority verdict. This contributes to told them about the offence. unnecessary court delays and does not assist in promoting effective jury deliberation processes. Accordingly, the bill Exceptions to the rule recognise that there are circumstances will give trial judges the discretion to accept majority verdicts in which hearsay evidence should be admitted (e.g. because it at any time if they consider that the jury has had a reasonable is particularly relevant or likely to be reliable). There are time for deliberations, having regard to the nature and currently two exceptions that apply in criminal trials when the complexity of the trial. Each trial is different, and the trial maker of a representation is available to give evidence: judge will be in the best position to determine the most section 66 of the Evidence Act and section 377 of the appropriate course of action. Criminal Procedure Act. Section 377 is limited to child complainants in sexual offence trials who are under 18 years Amendments relating to peremptory challenges in of age when the trial commences, while section 66 applies to criminal trials criminal trials more generally. During selection of a jury in a criminal trial, an accused may Section 377 would be better located in the Evidence Act make a limited number of peremptory challenges to alongside the other hearsay provisions. Accordingly, the bill prospective jurors. Varying practices amongst trial judges has will consolidate the two provisions in the Evidence Act, and led to recent appeals where convictions were overturned on improve the operation of the hearsay exception currently in the basis that the accused did not have an adequate section 377. opportunity to view prospective jurors’ faces, which impacted on their right to challenge jurors. The bill amends the Juries The new provision would provide an exception to the hearsay Act 2000 by codifying the common law to expressly provide rule if the occurrence of the asserted fact was fresh in the that an accused must have a reasonable opportunity to memory of the maker of the representation (consistent with exercise a peremptory challenge. This will require the current section 66) or the maker of the representation is an accused to have an adequate opportunity to view the faces of alleged victim in the proceeding and was under 18 years of prospective jurors, but will not require jurors to ‘parade’ in age when he or she made the representation. Children may front of the dock. often delay in reporting an offence, and are likely to first tell a parent, teacher or friend. Given this, a child’s initial complaint

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Conclusion amending provisions relating to criminal liability of officers of bodies corporate. Jurors perform a vital role in our criminal justice system and should be supported and assisted in performing that role. The Human rights issues Jury Directions Act 2015 uses a jury-centric approach that enables and encourages trial judges to give directions that are Recognition and equality before the law (s 8) as clear, brief, simple and understandable as possible. Adopting the same approach, this bill addresses additional Section 8(3) of the charter provides that everyone is entitled jury directions and related provisions that require reform to to the equal protection of the law without discrimination on assist jurors. the basis of the attributes defined in the Equal Opportunity Act 2010, which includes the basis of age. I commend the bill to the house. Age distinctions in licence endorsement Debate adjourned for Mr RICH-PHILLIPS (South Clause 11 amends section 55 of the Marine Safety Act 2010 Eastern Metropolitan) on motion of Mr Ondarchie. to restrict applications for an endorsement of a marine licence to persons aged 16 years or older. This provision treats Debate adjourned until Tuesday, 9 May. persons less favourably by reason of their age, and accordingly is a limit on the right to equality. However, in my PORTS AND MARINE LEGISLATION view this limitation is reasonably justified in the interests of health and safety. AMENDMENT BILL 2017 An endorsed marine licence authorises the holder to be the Introduction and first reading master of a prescribed class or type of vessel, or a vessel undertaking a prescribed type of activity. This includes Received from Assembly. personal watercrafts, such as an aquascooter, jet bike, jet ski, wave runner, motorised surfboard or any similar vessel Read first time on motion of Ms PULFORD that has an engine used for propulsion. The requirement for an endorsement recognises the additional knowledge and (Minister for Agriculture); by leave, ordered to be skills required to act as the master of a personal watercraft, read second time forthwith. as such vessels are generally much more powerful and manoeuvrable than traditional powerboats and, in the wrong Statement of compatibility hands, can present a danger to the operator and to other people using waterways. Ms PULFORD (Minister for Agriculture) tabled The purpose of the age distinctions with respect to licensing following statement in accordance with Charter of and operating a vessel under supervision is to ensure that Human Rights and Responsibilities Act 2006: those operating vessels have sufficient maturity to operate them safely and comply with the additional requirements that In accordance with section 28 of the Charter of Human Rights apply to operating such vessels. It is reasonable for Parliament and Responsibilities Act 2006, (the ‘charter’), I make this to set an age limit reflecting its assessment of when most statement of compatibility with respect to the Ports and persons will have sufficient maturity to ensure responsible Marine Legislation Amendment Bill 2017 (the bill). decisions which enhance marine safety are made in these particular contexts. The specified minimum age limit of In my opinion, the bill, as introduced to the Legislative 16 years is consistent with national standards on regulating Council, is compatible with human rights as set out in the the minimum age of operating a personal watercraft. charter. I base my opinion on the reasons outlined in this Accordingly, I am satisfied that this provision is compatible statement. with the right to equality in the charter.

Overview Distinctions regarding ‘medical fitness’

The bill makes amendments to the Marine Safety Act 2010, Clauses 24 and 25 insert ‘appropriate medical fitness’ as a the Port Management Act 1995 and the Marine (Drug, requirement to granting a ship pilot licence, including that Alcohol and Pollution Control) Act 1988. The following of evidence of medical fitness accompany an application for a such amendments are relevant to human rights: pilot licence and that a licence may be conditional on a pilot maintaining medical fitness. These requirements and removing the ability of children between the ages of 12 conditions may adversely impact a person on the basis of their and 16 to apply for a personal watercraft endorsement disability, physical features or age. However, in my view the on their marine licence; requirement and condition of ongoing medical fitness to pilot permitting waterway managers to relocate, seize and is reasonable and therefore does not amount to discrimination dispose of things abandoned on waterways under their so as to limit the right to equality. In any event, any limit on control and recover all associated costs of relocating, the right to equality would be reasonably justified in the seizing and disposing of abandoned things; interests of health and safety. Marine safety is of paramount importance to pilots, passengers and the general community, providing for new arrangements for the use and and the inherent requirements of safety include that pilots disclosure of information collected and held by the maintain an appropriate standard of medical fitness in order to safety director; and be granted and/or retain their pilot licence. The Equal Opportunity Act 2010 recognises, through its express exemptions, that a person may be discriminated against on the

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basis of disability or physical features if such discrimination is natural disasters or disruptions to essential services. If the reasonably necessary to protect health, safety and property of minister is so satisfied, the safety director must publish notice any person or the public generally. Accordingly, I am of this on the relevant internet website. New section 298D(3) satisfied these provisions are compatible with the right to then provides the circumstances in which information may be equality in the charter. disclosed under this provision, including to persons affected by the exceptional circumstances or to an agency involved in Right to privacy (s 13) managing or assisting in the exceptional circumstances. The provision also mandates that no disclosure can be made to a Section 13 provides that a person has the right not to have his media organisation. Finally, disclosure of information relating or her privacy unlawfully or arbitrarily interfered with. to an exceptional circumstance must cease after 12 months Provisions which provide for the use, sharing and disclosure following the publishing of notice. of personal information will involve a degree of interference with this right. In my view, any interferences with the right to privacy resulting from the use and disclosure of information in Use and disclosure of information accordance with the above provisions will not be arbitrary. The purposes for which disclosure may occur are clearly Clause 27 inserts part 8.8A into the Marine Safety Act 2010, prescribed and relate to ensuring the proper functioning of the providing for an expanded regime on the use and disclosure of act, including furthering matters of public interest such as information under the act, which replaces the previous ensuring better marine safety and prevention of incidents. The regulation on these matters contained in section 306 of the act. relevant information is largely information that has been voluntarily provided to the safety director by persons in the The new part 8.8A is more extensive than the previous regime, course of participating in this regulated industry as operators, and outlines with greater clarity the instances in which owners, manufacturers, suppliers, safety workers, passengers information may be disclosed. New section 298A provides and licence-holders. Safeguards on the improper use of definitions for terms such as ‘relevant representative’, ‘consent’, information also apply, with new section 298H providing for ‘law enforcement agency’, ‘relevant information’ and ‘relevant an offence to use or disclose relevant information without person’. It applies to information collected or received by the authorisation. safety director in relation to the performance or exercise of functions or powers under the Marine Safety Act 2010, and Finally, new section 298F provides the safety director or which identifies an individual or from which an individual’s relevant person with a discretion not to disclose information identity can be reasonably ascertained (including an in the absence of a legal obligation to disclose it. In addition individual’s facial image). to a discretion not to disclose, the safety director remains a public authority under the charter, and will be required to give New section 298C provides that the safety director or relevant proper consideration to, and act compatibly with, the right to person may disclose or use relevant information for a variety of privacy when making decisions regarding the use and specified purposes. These purposes include in connection with disclosure of personal information under the act. For these administering the act or regulations, providing information of reasons, I consider that these new provisions do not limit the community interest or benefit, for the purpose of research right to privacy, and in fact provide better protection of the (albeit not extending to use in the publishing of research which right to privacy by ensuring more clarity on disclosure of may identify any individual), for the purpose of monitoring information than was previously provided for by the act. compliance with relevant marine safety law, for the purpose of any legal proceedings arising out of this act, at the direction of Right to property (s 20) the minister, in circumstances of emergency to prevent threat to life or health, to not-for-profit organisations to assist to locate a Section 20 of the charter provides that a person must not be missing person or facilitate the reunion of persons, for the deprived of their property other than in accordance with law. purposes of law enforcement or as otherwise required or This right requires that powers which authorise the authorised by law. deprivation of property are conferred by legislation or common law, are confined and structured rather than unclear, In relation to some of these purposes, such as research, to are accessible to the public and are formulated precisely. assist not-for-profit organisations for specified purposes or for law enforcement purposes, new section 298E requires a Removal of things person to have entered into an information protection agreement with the safety director before information can be Clause 22 inserts new section 219A into the Marine Safety disclosed. An information protection agreement must specify Act 2010 which provides for the removal of things from a variety of matters relating to the disclosure of such waters under the control of the waterway manager if the thing information (with certain exceptions), including the purpose has been left unattended on those waters for more than one of disclosure, the authority for disclosure, the means of month and the identity or location of the owner of the thing disclosure and how compliance with the agreement and cannot be established or the waterway manager reasonably privacy obligations will be managed. believes that the owner of the property will not move the property. In addition, new section 219A also provides the New section 298D provides an additional ground for waterway manager with an immediate power of removal disclosure in emergency situations. It provides that the safety concerning unattended things from waters under the control director, or relevant person, may use or disclose relevant of the manager in specified circumstances (such as where the information if the minister is satisfied that exceptional thing is impeding use, causing an environmental hazard, circumstances exist and it is appropriate to use or disclose risking safety or is a danger to public health) and the identity relevant information in the circumstances. Exceptional of the owner cannot be established or the waterway manager circumstances are defined in the provision to include reasonably believes the owner will not move the property. situations endangering health, safety or property such as Once a thing has been moved under these provisions, a

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waterway manager has the power to dispose of that thing of the offence. In determining whether or not an officer failed either by gift, sale or destruction of the thing if the waterway to exercise due diligence, a court may have regard to a manager is unable to establish the identity or location of the number of factors, including the knowledge of the officer, the relevant owner. officer’s position of influence on the body corporate and what steps the officer took to prevent the commission of the I am of the view that any interference with a person’s offence by the body corporate. Accordingly, the burden of property right by way of the exercise of these powers will be proving the main element of the offence, which is the ‘failure’ lawful, as any deprivation of property will only occur in to exercise due diligence, remains on the prosecution. limited circumstances clearly set out in these provisions and subject to any number of procedural safeguards. When Courts in other jurisdictions have held that protections on the moving a thing under these powers, a waterway manager presumption of innocence may be subject to limits must move it to a place that is the nearest safe and convenient particularly in the context of compliance offences in regulated place, and must subsequently make all reasonable enquiries to industries. Accordingly, I am of the view that these provisions establish the identity or location of the owner of the property. are compatible with the charter’s right to the presumption of Any action to dispose of a thing moved under these powers innocence, in light of the special responsibilities attached to (which is not a perishable item) cannot be undertaken until officers of a body corporate operating in a regulated industry. the relevant waterway manager has given 28 days notice of the intended disposal of that thing, and must cause such notice The Hon. Jaala Pulford, MP to be published by way of a circulating newspaper and the Minister for Agriculture relevant internet website. If the identity of the owner is known, notice must be provided in writing to the owner. Second reading Finally, an owner (and any party with an interest in the property) is entitled to be compensated by the waterway Ordered that second-reading speech be manager for any disposal occurring under these provisions, incorporated into Hansard on motion of after costs spent moving and disposing the thing are recovered. Further, a person with an interest in a disposed Ms PULFORD (Minister for Agriculture). thing may apply to the Magistrates Court for a compensation order within 12 months of the date of disposal. Ms PULFORD (Minister for Agriculture) — I move: Clauses 43 and 44 insert similar powers into the Port Management Act 1995 to permit a port manager to move That the bill be now read a second time. anything from a relevant port. Similar provisions regulating disposal of such things and payment of compensation are Incorporated speech as follows: already provided for in existing section 88T to 88W. I am of the view that these provisions are also compatible with the The bill makes several important changes to marine and port right to property for the reasons as discussed above. legislation to:

Rights in criminal proceedings (s 25) facilitate improvements in safety by addressing gaps in the scope and coverage of safety duties under the Marine Section 25(1) provides that a person charged with a criminal Safety Act 2010; offence has the right to be presumed innocent until proved guilty according to law. enable more efficient and effective management of state waters by amending waterway rule-making powers and Deemed criminal liability for officers of bodies corporate providing powers to local ports and waterway managers to deal with abandoned vessels; Clause 26 inserts new section 285 into the Marine Safety Act 2010 to provide for criminal liability of officers of bodies reduce public safety risks by making specific changes to corporate for a failure to exercise due diligence. New licensing requirements for pilots and masters of section 285 provides that if a body corporate commits an recreational vessels aged between 12 and 16 years of age; offence against specified provisions, an officer of the body corporate also commits that offence if the officer failed to support more effective cross-portfolio enforcement and exercise due diligence to prevent the commission of the offence enables administrative cost savings to be achieved by by the body corporate. Clause 41 inserts new section 67 into the removing unnecessary limitations on disclosure of Marine (Drug, Alcohol and Pollution Control) Act 1988 to marine licensing and registration information to provide for similar criminal liability of officers of bodies enforcement authorities; and corporate when failing to exercise due diligence. This is relevant to the presumption of innocence as the provision may reduce red tape and enable cost savings to be achieved operate to deem as ‘fact’ that an individual has committed an by making other minor, technical and miscellaneous offence for the actions of the body corporate. amendments.

A person who elects to undertake a position as officer of a The primary purpose of the bill is to address identified safety body corporate accepts that they will be subject to certain problems and facilitate improved public safety outcomes in requirements and duties in participating in these regulated the future. industries, including a duty to ensure the body corporate does not commit offences under the relevant acts. In my view, The secondary purpose of the bill is to remove red tape and these provisions do not limit the right to presumption of enable administrative cost savings to be achieved. innocence as the prosecution is still required to prove that the officer failed to exercise due diligence to prevent commission Part 2 of the bill makes amendments to the Marine Safety Act 2010. Part 3 makes amendments to the Marine (Drug, Alcohol

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and Pollution Control) Act 1988 and part 4 makes amendments The Marine Safety Act 2010 imposes duties on a range of to the Port Management Act 1995. An amendment to the Road different parties to identify risks and implement measures that Safety Act 1986, which is consequential to changes included in minimise safety risks so far as reasonably practicable. Duty part 2 is specified in part 5. holders are required to remain vigilant in respect to the management of safety risk. Governments must do the same. In recent years there has been significant investment in safety Governments must review and refine regulatory settings and education and delineation of boating zones in Port Phillip Bay arrangements to ensure death and injuries are avoided and throughout the state to help manage and address safety wherever possible. Good management, not just good luck, is risks associated with the interaction between vessels and needed to avoid injuries and the loss of life. swimmers. Despite these investments, safety incidents involving personal watercraft, commonly referred to as jet This bill will address gaps in safety duties and safety skis, continue to occur near swimmers and other water users. requirements that have been identified as a consequence of incidents on state waters in recent years. For example, the The investments that have been made are no doubt having a Anaconda ocean paddling event held in 2011 involved positive impact. The messages are getting through to most 600 participants. The event proceeded despite the prevailing jetski users, however, it is apparent that a small group of users weather conditions not being suitable to support the conduct of are spoiling the fun for everyone else. The government such an event. As a result, many participants found themselves recognises that action must be taken to address unsafe in difficulty. More than 100 rescues were necessary. If not for conduct and is developing a new compliance monitoring and the actions undertaken by the providers of marine search rescue enforcement strategy to target those that continue to operate services, many lives could have been lost. illegally, threatening their own safety and the safety of others. Organisers of such events have a high level of influence and The bill includes a related measure aimed at reducing injuries control over marine safety risks that may arise during the to minors and avoiding the loss of life. undertaking of such events. It is necessary to make sure that event managers are accountable for taking reasonable Minors between the ages of 12 and 16 years may currently precautions so that risks are minimised and the costs of risk apply for, and obtain, a restricted marine licence. The control measures are paid for by participants instead of third restrictions imposed are that licence-holders must not: parties. In the case of the Anaconda ocean paddling event, the costs of uncontrolled risks were imposed on volunteers who operate at a speed greater than 10 knots; provide marine search and rescue services and taxpayers who fund the services provided by the water police. operate between sunset and sunrise; and To ensure that suitable accountabilities exist clause 8 of the tow persons or other vessels. bill applies safety duties to managers of events held wholly or partly on state waters. This will ensure that Transport Safety Minors that hold restricted licences are currently able to have Victoria has the capacity to act to ensure risks are minimised. those licences endorsed so that they can operate jet skis. Similarly, to enable Transport Safety Victoria to more People using jet skis generally do so with the intention of effectively oversight safety risk management in local ports operating at speeds significantly more than 10 knots. The clauses 7 and 9 of the bill extend the safety duties currently unsupervised use of jet skis by minors is therefore seen by applied to commercial port management bodies to the many as inconsistent with the purpose of restricted licences, managers of local ports. Local port managers already have that is, to enable minors to get involved in recreational these duties under occupational health and safety law but boating in a controlled way without exposing them to Transport Safety Victoria has no role in ensuring compliance significant risks. with these duties. The effect of clauses 7 and 9 is therefore to confirm and clarify the role Transport Safety Victoria has in The available evidence, largely in the form of hospital oversighting the safety of local port operations. admissions and emergency presentation data, indicates that a disproportionate number of minors are being injured on Pilotage of large ships to berths in commercial ports is a personal watercraft when compared with the rate of injury risky operation that, if not conducted properly, has observed in other age groups. This data and anecdotal significant safety and economic consequences, for example, evidence made available by the water police, Transport Safety the closure of the port of Melbourne following an incident. Victoria and local waterway managers tends to support the Accordingly, safety accountabilities need to be clear and view that that there is a genuine safety problem that needs to risk management obligations need to be enforced. Equally, be addressed. there needs to be a high level of assurance that pilots are medically fit and competent. Clause 11 of the bill makes an amendment that prohibits persons less than 16 years of age from having their licences Clauses 24 and 25 of the bill include amendments that enable Transport Safety Victoria to impose conditions on pilot endorsed so that they are not able to operate a jet ski without licences relating to competency and medical fitness. These supervision. Supervised operation of jet ski by minors is still amendments, and amendments to general regulation-making possible, so there will continue to be avenues available to powers in clause 29, will be used to ensure that the minors to learn responsible jetski operation. However, the competency and medical fitness of pilots is tested government believes that a clear signal needs to be sent to periodically. Clause 10 of the bill also ensures that pilotage parents and guardians that minors, who are not adults and service providers have an obligation to minimise risks of their cannot be held accountable to the same extent, are not operations so far as is reasonably practicable, irrespective of permitted to operate jet skis without supervision. Ensuring the type of vessel under pilotage. The scope of the duty that there is adequate adult supervision is expected to reduce imposed on pilotage service providers is currently limited to observed injury rates and potentially save lives. circumstances where pilotage services are being provided to the owners and operators of domestic commercial vessels.

PETITIONS

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Abandoned vessels can pose safety risks and may occupy PETITIONS moorings, berths and other facilities at the expense of other uses and users. Significant costs can also be incurred by responsible bodies if they are required to move, store or Following petition presented to house: dispose of these vessels. Under part 5B, division 4 of the Port Management Act 1995 the Victorian Ports Corporation has Crime prevention powers to deal with abandoned things left on port land or in port waters. Other port and waterway managers, other than To the Legislative Council of Victoria: the Victorian Ports Corporation, do not have explicit powers to deal with abandoned vessels. The amendments made by The petition of certain citizens of the state of Victoria draws part 4 and clause 22 of the bill ensure that all port and to the attention of the Legislative Council our concerns. waterway managers have the power to relocate, seize and dispose of abandoned vessels and, if necessary, recover the The petitioners request that: costs of disposal from vessel owners. significantly increase police numbers in Greater Transport Safety Victoria has a duty under the Transport Dandenong; Integration Act 2010 to independently seek the highest transport safety standards. A tool that Transport Safety Victoria reform legislation so that those who commit crime on uses to achieve the highest possible safety standards on the bail are not available to go on bail again; water is to establish, amend or modify waterway rules. The capacity of Transport Safety Victoria to make waterway rules is do not tolerate poor and criminal behaviour from young currently limited in a number of ways. These limitations are offenders when incarcerated in juvenile justice centres. unnecessary and impede Transport Safety Victoria taking timely action to manage identified safety risks. By Mr RICH-PHILLIPS (South Eastern Metropolitan) (422 signatures). Clauses 14 and 15 make amendments to ensure that Transport Safety Victoria has the authority to act when needed. Laid on table. Clauses 16, 17, 18 and 19 remove red tape around the rule-making process, by enabling notice requirements for proposed rules, urgent safety rules and exclusion zones to be The PRESIDENT — Order! At this point I would tailored to the intended audience. just like to make a short statement to alert the house to the procedure for the introduction of the budget papers A number of state and commonwealth agencies, including today in the other place. I wish to make a brief customs and state and federal fisheries regulators, regularly seek access to vessel or operator information for the purposes statement in relation to our formal business program of enforcing or monitoring compliance with important today. In order to comply with section 27E of the non-safety related legislation. Financial Management Act 1994 the budget papers will However, Transport Safety Victoria is only permitted to not be tabled in this house until such time as the disclose this information in limited circumstances. Clause 27 Treasurer has commenced the second reading of the of the bill establishes a new regime for the use and disclosure annual appropriation bill. The Treasurer will likely not of information that is modelled on information disclosure begin his speech until after 1.00 p.m. as the Assembly provisions in the Road Safety Act 1986. This will assist cross-portfolio coordination and enable administrative cost will not hold formal business until after the conclusion savings to be achieved. of its question time. In order for this house to see the budget papers tabled today at the earliest opportunity Finally, it should be noted that the bill implements a number and to comply with the Financial Management Act of miscellaneous, minor and technical changes to legislation in the ports portfolio that are largely consequential to other 1994, I will interrupt business before question time to reforms already approved by the Parliament. For example: allow the budget papers to be tabled both under the act and by a motion by leave of the Leader of the part 3 of the bill makes changes to drug and alcohol testing requirements that are consequential to changes to Government. Once the Treasurer has commenced his the road safety drug and alcohol scheme made by the speech in the other place one copy of the budget per Road Legislation Further Amendment Act 2016; member will be available in the Council’s table office.

implements director liability provisions that are consistent with formulations that have been agreed at the AUDIT COMMITTEE national level and which are being progressively implemented across all Victorian statutes. Review of members second residence allowance

I commend the bill to the house. The PRESIDENT, by leave, presented PwC reports Debate adjourned for Mr O’DONOHUE (Eastern on phase 2 and phase 3. Victoria) on motion of Mr Ondarchie. Laid on table. Debate adjourned until Tuesday, 9 May. Ordered to be published.

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UNIVERSITY OF DIVINITY SCRUTINY OF ACTS AND REGULATIONS COMMITTEE Report 2016 Alert Digest No. 5 Ms TIERNEY (Minister for Training and Skills), by leave, presented report. Mr DALLA-RIVA (Eastern Metropolitan) presented Alert Digest No. 5 of 2017, including Laid on table. appendices.

AUDIT COMMITTEE Laid on table.

Review of members second residence allowance Ordered to be published.

The PRESIDENT — Order! I take this opportunity ELECTORAL MATTERS COMMITTEE to make a short statement to the house in regard to the two reports that I have tabled today. The statement I Electronic voting make is in regard to the Audit Committee’s role. Ms PATTEN (Northern Metropolitan) presented Further to the tabling of reports of the Parliament’s report, including appendices and transcripts of internal Audit Committee, I wish to make the following evidence. statement about the appropriate role of that committee. The Audit Committee is an internal administrative Laid on table. committee of the parliamentary organisation. In my view it should not be the role of the Audit Committee to Ordered that report be published. publicly report, as it has been required to do in recent Ms PATTEN (Northern Metropolitan) — I move: weeks. I will explain why this is the case, but firstly I will point out that the only reason the Audit Committee That the Council take note of the report. conducted this particular type of investigation of second residence allowances and then reported publicly was I am very pleased to present the Electoral Matters the very public referrals of the matter to the committee Committee’s report on its inquiry into electronic voting. in the first place. As many members will recognise, this is a very current issue and certainly one we have all discussed at the pub The Audit Committee is an internal committee of the or around the dinner table. The committee received parliamentary organisation. Its role is to advise the 34 written submissions, which is the second highest Presiding Officers on matters of administration and risk number of submissions the Electoral Matters management to better administer the parliamentary Committee has ever received. I would like to thank all departments. It is not a committee set up by statute or the individuals and organisations who made those standing orders. It therefore has no formal investigative submissions. powers, no parliamentary privilege, including immunities, and no reporting framework. This means The committee had to consider two competing forces as that any formal and publicly reported investigation a consequence of this inquiry. Firstly, the committee creates potential vulnerabilities for the committee and received evidence that it is hard to guarantee the the people it seeks to investigate and report on. It security of votes lodged electronically. In many ways similarly creates vulnerabilities for the contracted the bar is set higher for electronic voting than it is for auditors, who conduct the operational inquiries on the current system, but the opportunity for widespread behalf of the committee but also in order to create some electoral fraud is made easier by technology. independence of process from the Presiding Officers. Secondly, the committee recognises the growing desire There are committees, such as privileges committees, across the voting public for electronic voting. Often this which are set up with powers and reporting frameworks is expressed in the somewhat simplistic but valid to investigate certain matters. question: we have online banking and online tax returns, so why can we not have online voting? The I strongly encourage members to take these matters into expert evidence gathered by the committee answered consideration and in future circumstances to avoid this and advised that the success to banking online is misplacing pressure on the Audit Committee to guaranteed by linking the name of the person doing the publicly report. banking and the transaction. The same goes for the tax department. But a secret ballot is a fundamental right of

INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION

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every individual in Australia, and this requirement for INDEPENDENT BROAD-BASED anonymity makes electronic voting a far more difficult ANTI-CORRUPTION COMMISSION technical proposition — but not an impossible one, and certainly the advent of blockchain technologies has Operation Nepean proved this. The Clerk, pursuant to section 162 of the The postal system, on which we will rely for postal Independent Broad-based Anti-corruption votes for the next state election in 2018, is very Commission Act 2011, presented special report different than the one that operated decades ago. In fact concerning an investigation into conduct of former the current postal system struggles with postal voting, employee of Dame Phyllis Frost Centre Jeff Finlow, and we saw that very clearly in the recent council April 2017. elections. The inquiry also took place during the 2016 federal election, where results took weeks to be Laid on table. confirmed, and then there was the census. This provided two perfect examples of the issues the Ordered to be published. committee faced. OMBUDSMAN The committee has been cautious in its recommendations, and these include: that the Apologies committee supports electronic voting in principle for a limited classification of voters, comparable with the The Clerk, pursuant to section 25AA of the New South Wales iVote model, which has operated for Ombudsman Act 1973, presented April 2017 report. three elections and was used by over 280 000 voters in Laid on table. last year’s state election. Specifically this system applies to people with a vision impairment or disability Ordered to be published. and to people who would be out of Victoria on election day, either interstate or overseas. The committee also PAPERS favours a combined approach from the commonwealth and various state electoral authorities, particularly given Laid on table by Clerk: the extremely high cost of establishing remote voting options and the need for rigorous security. Bendigo Kangan Institute — Report, 2016. Box Hill Institute of TAFE — Report, 2016. I wish to thank the members of the committee — the chair, Louise Asher, the deputy chair, Ros Spence, Centre for Adult Education — Report, 2016. along with Martin Dixon, Russell Northe, Lizzie Chisholm Institute — Report, 2016. Blandthorn and Adem Somyurek. It really was a pleasure to work with them on this very interesting Deakin University — Report, 2016. subject. I would also like to thank the staff of the Falls Creek Alpine Resort Management Board — Minister’s Electoral Matters Committee, led by Mark Roberts, the report of failure to submit 2016 report to the minister within executive officer, and backed by Nathaniel Reader, the the prescribed period and the reason therefor. research officer, and Bernadette Pendergast and Maria Marasco, the administrative officers. I also wish to Federation University Australia — Report, 2016. thank the assistant clerk, Robert McDonald, who GOTEC Limited — Report, 2016. supported the work of the committee during this inquiry. Goulburn Ovens Institute of TAFE — Report, 2016. Holmesglen Institute — Report, 2016. I commend this report to the house. Interpretation of Legislation Act 1984 — Motion agreed to. Notice pursuant to section 32 in relation to Statutory Rule No. 9.

Notices pursuant to section 32(4) in relation to the Environment Protection (Ships’ Ballast Water) Regulations 2006) and Waste Management Policy (Ships’ Ballast Water) 2004.

PAPERS

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Lake Mountain Alpine Resort Management Board — Wodonga Planning Scheme — Amendment C124. Minister’s report of failure to submit 2016 report to the minister within the prescribed period and the reason therefor. Wyndham Planning Scheme — Amendment C190.

La Trobe University — Report, 2016. Yarra Planning Scheme — Amendments C198 and C229. Melbourne Polytechnic — Report, 2016. Professional Standards Act 2003 — Instruments pursuant to Members of Parliament (Register of Interests) Act 1978 — section 14 of the act amending the — Summary of Variations Notified between 7 December 2016 and 28 April 2017 (Ordered to be published). Law Society of South Australia Professional Standards Scheme, dated 27 April 2017. Monash University — Report, 2016. South Australian Bar Association Inc Professional Mount Baw Baw Alpine Resort Management Board — Standards Scheme, dated 27 April 2017. Minister’s report of failure to submit 2016 report to the minister within the prescribed period and the reason therefor. Racing Victoria Limited — Modification of Racing Victoria Limited constitution pursuant to section 3B(2) of the Racing Mount Buller and Mount Stirling Alpine Resort Management Act 1958. Board — Minister’s report of failure to submit 2016 report to the minister within the prescribed period and the reason Royal Melbourne Institute of Technology — Report, 2016. therefor. Statutory Rules under the following Acts of Parliament — Mount Hotham Alpine Resort Management Board — Report, 2016. Children, Youth and Families Act 2005 — Nos. 19 and 20. Planning and Environment Act 1987 — Notices of Approval of the following amendments to planning schemes — Domestic Building Contracts Act 1995 — No. 18.

Ballarat Planning Scheme — Amendment C200. Drugs, Poisons and Controlled Substances Act 1981 — No. 13. Bass Coast Planning Scheme — Amendment C148. Fisheries Act 1995 — Nos. 10 and 11. Boroondara Planning Scheme — Amendments C236, C239 and C259. Gambling Regulation Act 2003 — No. 12.

Cardinia Planning Scheme — Amendment C224. National Parks Act 1975 — No. 16.

Colac Otway Planning Scheme — Amendment C91. Powers of Attorney Act 2014 — No. 17.

Frankston Planning Scheme — Amendment C115. Supreme Court Act 1986 — Nos. 14 and 15.

Glen Eira Planning Scheme — Amendments C147 and Subordinate Legislation Act 1994 — C148. Documents under section 15 in respect of Statutory Greater Shepparton Planning Scheme — Rules Nos. 9 to 15, 17, 18, 20 and 21. Amendment C112. Legislative instruments and related documents under Manningham Planning Scheme — Amendment C111. section 16B in respect of —

Mildura Planning Scheme — Amendment C82. Environmental Protection Act 1970 — Variation to the Protocol for Environmental Management — Mitchell Planning Scheme — Amendment C118. Domestic Ballast Water Management in Victorian State Waters, dated 20 March 2017. Moreland Planning Scheme — Amendment C158. Estate Agents Act 1980 — Determination of the Northern Grampians Planning Scheme — Melbourne Metropolitan Area, dated 12 April 2017 Amendment C54. Estate Agents Act 1980 — Guidelines for Port Phillip Planning Scheme — Amendment C145. Selecting Comparable Property Sales — residential property, dated 12 April 2017. Stonnington Planning Scheme — Amendment C233. Workplace Injury Rehabilitation and Strathbogie Planning Scheme — Amendment C75. Compensation Act 2013 — Ministerial order in relation to the Workers’ Compensation Surf Coast Planning Scheme — Amendment C106. (Corresponding Laws) Order, dated 23 March 2017. Swan Hill Planning Scheme — Amendment C59. South West Institute of TAFE — Report, 2016. Victorian Planning Provisions — Amendments VC110, VC134, VC135 and VC136. Sunraysia Institute of TAFE — Report, 2016.

STANDING COMMITTEE ON THE ENVIRONMENT AND PLANNING

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Swinburne University of Technology — Report, 2016. BUSINESS OF THE HOUSE University of Melbourne — Report, 2016. Adjournment Victoria University — Report, 2016. Mr DALIDAKIS (Minister for Small Business, Wildlife Act 1975 — Innovation and Trade) — I move: Wildlife (Prohibition of Game Hunting) Notice That the Council, at its rising, adjourn until 12.00 p.m. on No. 4/2017, Gazetted 21 March 2017. Tuesday, 9 May 2017. Wildlife (Prohibition of Game Hunting) Notice Nos. 8/2017 and 10/2017, Gazetted 3 April 2017. Motion agreed to. William Angliss Institute of TAFE — Report, 2016. STANDING COMMITTEE ON THE Proclamations of the Governor in Council fixing ENVIRONMENT AND PLANNING operative dates in respect of the following acts: Reporting date Building Legislation (Consumer Protection) Act 2016 — sections 3, 6 to 13, 14(2), 15 and 59 to 98 — 26 April 2017 Mr DAVIS (Southern Metropolitan) — By leave, I (Gazette No. S94, 27 March 2017). move:

Food Amendment (Kilojoule Labelling Scheme and Other That the resolution of the Council of 8 December 2016 Matters) Act 2017 — Part 2 and 3 — 1 May 2018 (Gazette requiring the environment and planning committee to inquire No. S111, 4 April 2017). into and report by 11 May 2017 on the Owners Corporation Amendment (Short-stay Accommodation) Bill 2016 be National Domestic Violence Order Scheme Act 2016 — amended so as to now require the committee to present its Parts 1 and 9 — 5 April 2017 (Gazette No. S111, 4 April report by 8 June 2017. 2017).

Racing and Other Acts Amendment (Greyhound Racing and Motion agreed to. Welfare Reform) Act 2016 — remaining provisions — 10 April 2017 (Gazette No. S111, 4 April 2017). MEMBERS STATEMENTS Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 — Whole Western Metropolitan Region constituent Act except sections 1 and 2 — 12 April 2017 (Gazette No. S117, 12 April 2017). Mr FINN (Western Metropolitan) — Since the house last met, which does seem like a very, very long Urban Renewal Authority Victoria Amendment time ago I have to say, I had the opportunity to meet (Development Victoria) Act 2017 — 1 April 2017 (Gazette with Jayden D’Barco and his family — his mother, No. S94, 27 March 2017). Tess, and his father, Frank. Members may be aware that Working with Children Amendment Act 2016 — Parts 1 and Jayden is a 17-year-old autistic boy who was bashed on 3 — 1 May 2017 (Gazette No. S111, 4 April 2017). a bus by a gang in Tarneit recently. STANDING COMMITTEE ON THE To say that his mother is distressed by this occurrence ENVIRONMENT AND PLANNING is an understatement — she is upset beyond words, quite literally at times. His father, Frank, is angry, and I Reporting date can understand why he is angry: that this should be allowed to happen to his son, who is trying to find his The PRESIDENT — Order! I have been forwarded way in the world. Quite frankly, as the father of a child a letter dated 2 May from the Honourable David Davis with autism of a similar age, it appals me that a kid as chair of the Standing Committee on the Environment cannot get a bus in Melbourne in broad daylight and Planning. The letter says: without the threat of being bashed by a gang.

I am writing in relation to the environment and planning This is not South Africa. This is not South America standing committee’s inquiry into fire season preparedness, which it self-referenced on 5 May 2016, pursuant to sessional somewhere. This is Melbourne, and this happened in order 6. Tarneit. It is a disgrace that this kid’s life has been ruined. And I say that advisedly: it has been ruined. His Given the scope of this inquiry, the committee resolved at its independence has been taken from him. No more can meeting on 2 May 2017 to extend the reporting date for this inquiry to 22 June 2017. he go by himself to do whatever he wants to do. It is despicable that this was allowed to happen, and it is about time it was stopped.

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West Gate tunnel project a great trainer, and the daughter of well-respected trainer Peter Lafferty. Laura said she loves the Grand Ms HARTLAND (Western Metropolitan) — Annual Steeplechase and believes the sport of jumps Recently we wrote to the planning minister, Mr Wynne, racing should be promoted. She said: to ask for an extension of time to be given so we could respond to the environment effects statement (EES) for We have such a great carnival and we pride ourselves on the the western distributor, which this week is called the feature races, the jumps races — the Grand Annual and the Brierly Steeplechase. West Gate tunnel. There are 17 documents in the EES that my office, local volunteer community groups and Well done to Laura, and well done to jumps racing. local councils have to respond to. We requested that the minister allow us more than 30 days. It is simply not Member for Melton enough. Mr MORRIS (Western Victoria) — In news reports This request has been refused. Clearly the minister has the rorting member for Melton, Don Nardella, has said no regard for a transparent process that the community he will pay back nearly $100 000 of taxpayers money can actually engage in. This is a major project that so that he claimed from the Parliament as a second far has had a very poor consultation process, and it will residence allowance. Well, I have news for have a massive effect on the community. Yet Mr Nardella. Instead of paying back just shy of Mr Wynne has such little regard for my community that $100 000, he should be repaying closer to $200 000, he has refused an extension of time that would allow us because that is how much money he has rorted from the to actually deal with the 17 complicated and technical taxpayer. The taxpayer should not be picking up the bill documents. because Mr Nardella wants to live in Lake Wendouree or allegedly in Ocean Grove. The government at this stage has not proved basic things such as: will it actually take as many trucks off The PRESIDENT — Order! I counsel the member the road as they claim, how will the truck ban work, that to refer to a member in another place in respect of when will the work actually start and what will the tolls the matters that he appears to be travelling along really be for this? Also, does it mean, especially if there are needs to be by a substantive motion rather than by a tolls, that the major companies will still organise to 90-second statement. Perhaps the member might rat-run through Yarraville, Spotswood and Footscray? consider that as he proceeds with the statement. A bit of consideration for the community, please, Mr Wynne. I do not think having an extension of time Mr MORRIS — Thank you, President, for that on the EES would have hurt the process at all. guidance. I make these comments as I have been approached by many constituents with regard to this Warrnambool May Racing Carnival particular issue. I do note that there have also been some adverse findings from the Audit Committee on Mr PURCELL (Western Victoria) — this particular matter. Warrnambool’s famous three-day racing carnival kicked off this morning. This is the best jumps carnival I will continue by saying that instead of allegedly living in Australia and is certainly one of the best throughout in an Ocean Grove caravan park, the member for the world. Melton should have been living in Melton, the electorate that he is supposed to represent. I have This year there will be a record seven jumps races, spoken to many of Mr Nardella’s constituents of late, some of which will include full fields, and the highlight and they have a message that they have asked me to will be the Grand Annual Steeplechase, which is over pass on to him. That message has been very loud and 5500 metres and has a world record 33 jumps. This is a clear — that is, that the member for Melton needs to highlight to be savoured from the Warrnambool hill. repay $174 836 of taxpayers money that he has rorted This year it includes a full field, including many from from the Parliament and he must resign, as the good overseas. It is a pleasure to be associated with a sport people of Melton deserve nothing less. that has improved its safety record over recent years through the support of the previous Liberal government Plastic bag ban and the current Labor government. Ms SPRINGLE (South Eastern Metropolitan) — I In addition to that, this year’s event will see 18-year-old would like to use my members statement today to Laura Lafferty as the ambassador for the carnival. express my extreme concern over the second day of Laura is the granddaughter of Kevin Lafferty, who was hearings for the environment and planning committee’s

MEMBERS STATEMENTS

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inquiry into the Environment Protection Amendment rights, the principle of international law and the charter (Banning Plastic Bags, Packaging and Microbeads) Bill of the United Nations. 2016. Local government elections As the sponsor of the bill, I did sit in on the hearings towards the end of April, and I was dismayed to find Mr DAVIS (Southern Metropolitan) — Today I that there were only two members of the committee in want to draw the chamber’s attention to the very attendance that day. At the outset I would like to concerning issues around the recent council elections, express my thanks to the government and obviously to the issue of postal votes and the failure of the electoral my colleague Samantha Dunn, who was in attendance commission, it appears strongly, to conduct this process that day. However, that is a committee made up of eight with sufficient good outcome. I am aware of a number members. There was no-one from the Liberal Party, of complaints; there are in fact many, and I am only The Nationals or the Shooters, Fishers and Farmers going to choose one by way of illustration. The Clarke Party there that day. We did hear all day from different family, Stacey and Terry Clarke, have provided a sections of industries that this bill would impact on, and submission to a number of MPs that makes clear that I myself also offered some information. Ironically, the they did obtain the relevant documents from a Victorian evening before we had seen on The Project, which is a Electoral Commission (VEC) office, and I make the mainstream commercial television news source for point that this local government election saw a change many people, a campaign launched around banning from shire offices or council offices providing the plastic bags and the extreme need and urgency around relevant voting slips to the VEC doing this centrally. that. This is a concern. It strikes at the heart of our Since that time, which was a little under two weeks democracy if people who vote do not have their vote ago, there have been 125 000 signatures on a petition, counted or people who seek to vote are not able to vote. 1.3 million views on Facebook, just over 12 000 likes, The VEC, I think, has a lot to answer for here. It is 2000 comments and 16 000 shares. I am very pretty clear that this was widespread. It is not one concerned that this chamber and some of the people in municipality; it is right across the metropolitan area and it are not in touch with the community sentiment certain areas of the country, and it is unclear exactly around this issue and its importance. how many cases are involved. Either way it may well in some cases have changed electoral results. We need a International Parliamentarians for West Papua clean and efficient system, so what I am seeking from the Minister for Local Government is that she launch a Dr CARLING-JENKINS (Western full independent review of this process to ensure that Metropolitan) — I rise today to speak about the our electoral system is cleaned up and that this kind of International Parliamentarians for West Papua group, or mistake with postal voting does not occur again. IPWP, which I have recently joined. This is a cross-party group of politicians from around the world Safe access zones that is growing in number and supporting self-determination for the people of West Papua. The Ms PATTEN (Northern Metropolitan) — I would right to self-determination was violated by the like to mark that today is the anniversary of the undemocratic and unjust act of free choice in 1969. implementation of the safe access zones in Victoria. Ever since, the West Papuan people have been The zones provide a buffer zone against the harassment subjected to not just political and cultural oppression of clients around the premises offering reproductive but in fact some of the most horrible human rights health services. In just 12 months it has been a great abuses imaginable. Benny Wenda, the West Papuan success. Staff at the clinics report that there is no further independence leader currently living in exile in the harassment of themselves or their clients, who are often United Kingdom, has written to me saying: seeking the services of the clinics in very, very difficult situations. That harassment and violence has ceased. By joining IPWP, you have shown that there are people in this world who care for those in West Papua, which inspires The purported challenges that were to be made to this hope in my people that change will come. legislation did not come to pass. The freedom of speech I take this opportunity to urge all parliamentarians to that was going to be quashed did not come to pass. support the plight of West Papuans and to join in the People are still expressing their views and their efforts of the IPWP to help West Papuans achieve the opinions on these reproductive health services; they are right to democratically decide their own future in still out the back of Parliament House expressing those accordance with international standards of human views vocally and in a respectful manner. Despite the

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late-night debates, freedom of speech in this state still RSL president Mackenzie Craig, who was the key exists. Those late-night debates raised issues of blimps speaker on the day. More than 200 people were in carrying messages around reproductive rights; we still attendance at the dawn service. The pouring rain, I was have not seen those blimps. None of them have been glad to see, did not frighten anyone away from charged under this legislation. There were those chats attending — it was one of the best turn-ups that they in the surrounding flats that were going to get caught by have had had in a long time. The light horsemen were this legislation; I am pleased to say that none of that also part of that parade, and the bugle playing the Last happened. Those people are still speaking freely in their Post was a key feature. It still sets up the hairs on the flats. The blimps still may be going across Wellington back of my neck every time I hear that played. Parade for all I know, but the police have certainly not been interested. Later in the day I also attended a parade and service in Tongala with RSL president John Rogers. It was very Latrobe Valley employment pleasing on this occasion that schoolchildren played a key role in that service. They were reflecting on what Ms BATH (Eastern Victoria) — Australian Bureau Anzac Day actually meant to them, and their of Statistics March regional jobs figures highlight the contribution was most heartwarming. I was also lack of attention the Andrews Labor government is privileged to lay a wreath in Tongala. Lest we forget. showing in the Latrobe Valley’s youth. Latrobe-Gippsland’s youth unemployment rate was at Holmesglen Private Hospital an alarming 14.6 per cent at the end of March 2017, compared to the state average of 9.9 per cent. Since Ms FITZHERBERT (Southern Metropolitan) — Daniel Andrews was elected in 2014 thousands of On 27 April I attended the opening of Holmesglen young people have been left without work. There are Private Hospital by the federal Minister For Health, 3768 fewer young people employed in full-time work Greg Hunt, with a number of colleagues, including the and 2523 fewer in part-time work. The Andrews Labor members for Sandringham and Bentleigh and also the government is missing in action for more than federal member for Goldstein. This hospital is a 6000 young people in the Latrobe Valley and welcome addition to the south-eastern suburbs health Gippsland area. A young person looking for work in facilities. In particular it includes an emergency our local jobs market would be hugely disheartened. department. The intent is that people can attend this if it Gippsland has lost hundreds of jobs at the Hazelwood is unfortunately necessary and have all the treatment power station and there may be 260 further jobs lost at they need, including surgery, in one place. The extra the Heyfield mill. The only job Daniel Andrews is emergency department is a terrific gain for the local looking after is his own. area. I note also that there are oncology services, which are needed very much as well. Cherished Mother and Child It is important to have a strong private health sector as a Ms BATH — With Mother’s Day fast approaching complement to a strong public health sector. If people I pay tribute to the many Victorian women who as a can pay, and want to, for their medical care, then they result of past adoption policies and practices had their should be allowed to do so and be encouraged to do so babies taken from them during the 1950s, 1960s and and not take up a place in the public sector that could be 1970s. Recently I attended the unveiling of a very used by someone else. This is why what happened at special memorial to those women in Sale, Gippsland, Peter Mac Private is nothing short of disgraceful. It called Cherished Mother and Child. The bronze shows the decision by the Premier is not only out of sculpture of a mother cradling her newborn baby step with existing practice in the sector, for example at embodies love and tenderness, and acknowledges the the Royal Women’s Hospital and a range of other women’s loss and heartbreak. Congratulations to medical facilities, but is also way out of step with Brenda Coughlan and the ladies of the Independent community views on how our health sector should Regional Mothers for their vision and commitment to function. I note that as far as I know that floor is still seeing this come to fruition. largely unused, even though it is a couple of years after things have opened. Anzac Day Getting back to the Holmesglen site, given its history it Mr O’SULLIVAN (Northern Victoria) — Last is particularly appropriate that more than 100 nurses week I had the pleasure of attending a couple of Anzac will do their practical training at the hospital, and I am Day services in my electorate of Northern Victoria sure this will be an excellent location to do so. I Region. I attended the dawn service at Nathalia with congratulate the hospital on a successful opening.

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Regional rail funding that surround Mr Nardella. I think it reflects on all of us, and I indicate how disappointed we all are. Mr RAMSAY (Western Victoria) — I was very disappointed over the weekend that the Andrews Anzac Day government saw fit to politicise the regional rail announcement. This is a $1.45 billion announcement. Ms CROZIER — On a brighter and much happier The coalition supports the need for projects but does note, I wish to make some comment around a not support the sham money concocted for the publication that was launched on Anzac Day. The announcement. None of that money is real. It is federal member for Caulfield, Mr David Southwick, spoke on government money they have announced, relying on this fantastic publication, A Soldier Lived in My the asset recycling grant from the federal government House — A WWI History of Caulfield. There were emanating from the sale of the lease of the port of many community members that came together: the Melbourne. This deal has not been done with the Glen Eira Historical Society, the Caulfield RSL, federal government, and Dan Andrews should be individuals, schools and community groups. This spending his own money and not someone else’s. A publication points to those who lived in the Caulfield headline alone will not build a better rail system. area that participated in World War I and the related histories of those in the Caulfield district. That is in this The Andrews government rail package includes very fine publication, which speaks to the dedication, $435 million to the Gippsland line; $200 million for the the commitment and the service of so many men and upgrade at Barwon South West, including women during the Great War, and it — — Warrnambool; $110 million for stage 1 of the Surf Coast rail project to Torquay; $91 billion to enable The PRESIDENT — Order! The honourable faster trains to Bendigo and Echuca; and $39 million member’s time has expired. for stage 2 of the Ballarat line to enable another train journey from Ararat. But there is no money in the Government performance budget for the much-needed upgrades to the Geelong Mr ONDARCHIE (Northern Metropolitan) — railway station, where parking spaces are at a premium. Rorters, deceivers, fraudsters — these are all terms that There is no money for a fast train between Geelong and are used by my constituents and the media to describe Melbourne. There is no money for a Geelong this insipid United Firefighters Union-led (UFU) convention centre. Earlier this year the Dan Andrews autocracy that is the Andrews Victorian government, a government said the centre would be considered for government that has disenfranchised and ignored the funding; clearly it was not considered important over 60 000 Country Fire Authority volunteers across enough. But wait for next year and Labor’s preselection the state who are the heart and soul of our local fanfare, when you can bet they will ride into Geelong communities and who give up so much of their home boasting funds for the convention centre and claiming life, their free time, their recreation and often their much love and affection for the city. This convention livelihoods for those communities. This government centre is not a political toy. It is a desperately needed has disrespected them in favour of Peter Marshall, and facility that is required right now. Geelong is leaking the UFU simply have to repay their debt owed. opportunities to other towns and cities, and that represents lost jobs and growth. There — — It is a government that has positioned Victoria as the place to be scared. Law and order are out of control in The PRESIDENT — Order! The honourable this state. Crime is growing rapidly: carjackings, armed member’s time has expired. robberies, violence on our streets, gang wars and parole Member for Melton violations. People are scared. Victorians are scared. Victoria is not safe, and this government has attempted Ms CROZIER (Southern Metropolitan) — I wish in its usual amateurish way to try and play catch up and to make just a couple of brief comments in relation to con Victorians. Add to this dogs in limousines, sky rail the Nardella saga that has rolled on since we were last deceit, pizza and soft drinks at the youth detention in this place. I think it is absolutely disgraceful that centre, the rort of Labor staff being used in the last Mr Nardella, who has finally been pulled into line to election campaign and the rorts of over $100 000 in repay part of what he owes, had the audacity to pay his Nardella-gate and Telmo-gate — those members who relatives $200 a week for something that had a conned Victorians. Victorians have had enough of this no-residence policy. In relation to that ongoing issue insipid rorting government. Once the guilty party, still that has arisen out of this, I think the Premier has the guilty party. absolutely been very weak in accepting all those issues

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Upper Ferntree Gully building height limit Second reading

Mr O’DONOHUE (Eastern Victoria) — Last Debate resumed from 13 October 2016; motion of Friday I was very pleased to have the shadow Minister Ms PULFORD (Minister for Agriculture). for Planning, David Davis, visit Upper Ferntree Gully and hold a community forum with upwards of 80 or Ms WOOLDRIDGE (Eastern Metropolitan) — I 90 residents in attendance expressing their concern at am very pleased to rise today to speak on the Lord the potential for large-scale development in the Upper Mayor’s Charitable Foundation Bill 2016. While this is Ferntree Gully retail precinct at the foothills of the a bill that is very specific, of course, to one important Dandenongs — a beautiful area and part of the iconic organisation in Melbourne and in the future in Victoria, Eastern Victoria Region. it does have ramifications for Victorians across the board because of the important work that the Lord This saga has been going on now for some time. The Mayor’s Charitable Foundation does. The changes in Knox City Council commissioned a full planning this bill will enable it to have a much further reach and process, including the appointment of a planning panel. to modernise and improve its governance structure, so it That planning panel reported back and made is an important bill from that perspective. It will have recommendations to implement height limits of an impact for many, many Victorians as well as of 8.5 metres in the Upper Ferntree Gully commercial course for the organisation itself. activity area. The council then abandoned that planning scheme amendment, but I am pleased to say that after a The purpose of the bill is to modernise the governance lot of feedback and pressure from the local community, and administrative structure to reflect the foundation’s the council has now done an about-face and is current purpose. These changes to the structure are proposing a new planning scheme amendment to intended to ensure that the foundation is best placed to implement mandatory height limits in the Upper attract donations and to make a meaningful difference Ferntree Gully township. to improve the lives of Victorians in need.

The ball is now fairly and squarely in the court of the This bill has a history of bipartisan support. We were Minister for Planning, Richard Wynne. It is time for first approached about these changes when we were in him to bring this long process to an end, to reflect the government, and we were pleased to work community’s expectations and to implement the constructively with the Lord Mayor’s Charitable planning scheme amendment to provide mandatory Foundation to progress that. It is something that has height limits in the Upper Ferntree Gully community. carried over into this term of government, and I am pleased that we are now seeing it today. I thought it was LORD MAYOR’S CHARITABLE a bit disappointing that in the other place the member FOUNDATION BILL 2016 for Macedon tried to make some political mileage out of the fact that it had covered two terms of government Second reading by criticising the time frame, when of course it is nearly eight months since this was debated in the lower house Order of the day read for resumption of debate. and now we are seeing it in the upper house. That is why I think it is a good thing that we now have it before Declared private us today — so that it can be concluded and the organisation, hopefully with the support of the house, The PRESIDENT — Order! I seek a motion from can make the changes that the foundation members are Ms Mikakos. At the moment this is a private bill, and it seeking. is my understanding that the government’s intention is to allow for it to be treated as a public bill. Having had The Lord Mayor’s Charitable Foundation has an impact the opportunity of examining the bill, in my opinion it on so many of the lives of those in Melbourne. It seeks is a private bill at this stage. I would therefore seek a to increase life opportunities and promote social motion from the minister if it is the government’s inclusion. It does this through research, through grants, intention to treat it as a public bill. through communications and through investment tools. It also seeks to build strong communities. As Ms MIKAKOS (Minister for Families and Melbourne’s community foundation and the largest in Children) — I move: Victoria, it has a role in leading the growth and That this bill be dealt with as a public bill. development of community foundations and of course their objectives in terms of building strong Motion agreed to. communities. The foundation has a number of different

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areas that it focuses on, including important areas such an appropriate transition to that role of patron, which as education and employment, homelessness and can still be very significant in terms of its leadership affordable housing, healthy and cohesive communities, and its contribution to and engagement with the and a sustainable Melbourne. foundation but from a governance perspective not necessarily being the chair. It has a long history as well, of course. It was established in 1923, and this Parliament actually The bill also reduces the size of the board from enacted the Lord Mayor’s Fund Act 1930. That has 21 members to nine members, selected on the basis of a been amended. It did take 66 years to do that, and it did particular range of skills. It also limits the terms of so by creating the Lord Mayor’s Charitable Fund Act members to three-year terms for a maximum of three 1996. Now the Lord Mayor’s Charitable Foundation terms. This is an area that of course often engages Bill 2016 is the next level of modernisation. It is fair to non-profit and philanthropic organisations actively — say that the foundation has had a significant impact. first of all, the size of their boards and, secondly, term When you read its annual reports and you understand limits. This decision has been made, which is probably the work it has done, you can see the significant impact consistent with advice across the board in relation to that it has had. It has a very impressive corpus, and in board size, board governance and board terms, to fact last year, 2015–16, it made just over $9.5 million in recommend this way forward. grants. They ranged from $3.8 million for education and employment to $1.1 million for healthy and The bill also allows the foundation to pool funds held cohesive communities, $2.4 million for homelessness by separate trusts and funds for investment purposes. and affordable housing and just over $2 million for a This I think will give the foundation a financial benefit sustainable Melbourne. in terms of being able to more effectively and efficiently manage and invest donor funds for returns to It is seeking to drive innovation through its grants, and then be invested back into the community. nearly half of all those grants for those areas were innovation, exploration, and proactive and initiative From my perspective the most significant change is that grants. It also takes very seriously the role of building the bill allows the foundation to apply money from the the capacity of the charitable sector, with over fund to anywhere in Victoria, not just Melbourne. I $3 million of the grants directed to that area. Many know and have spoken over the years to a number of people choose to put their money with the Lord non-profit organisations who are excited about the Lord Mayor’s Charitable Foundation and then direct grants; Mayor’s Charitable Foundation but are unable to apply about $1.8 million in grants were donor-advised grants. for funding because of the constraint previously of So it does very significant work across the board. having to be a Melbourne-based charity. This capacity for the Lord Mayor’s Charitable Foundation to be able I do want to take this opportunity to particularly to invest statewide will be cause for significant acknowledge the Lord Mayor and his role and the roles excitement for non-profits in rural and regional Victoria of his predecessors, which they have taken and do take and will also allow that vital investment. What we very seriously in relation to the important work of the know is that there is great innovation happening in rural Lord Mayor’s Charitable Fund. I acknowledge also the and regional Victoria. There are certainly needs on the CEO, Catherine Brown. I have been very fortunate to fronts of education, homelessness and healthy and know Catherine for what is coming on to probably 16 cohesive communities, so the capacity for the fund to or 17 years, initially from her work at the Foundation be able to go beyond Melbourne’s boundaries will be for Rural and Regional Renewal, working with the very positive. Sidney Myer Fund to establish the FRRR. She has had a role in many different ways in the philanthropic sector This bill obviously comes at the request of the Lord and with community foundations. It has been a very Mayor’s Charitable Foundation. They believe that this significant role, and the work she does in leading the is what they need to establish themselves on a good Lord Mayor’s Charitable Foundation continues to be footing for the future. It will improve their governance very significant and very important for Victorians. structures and will also enable them to present themselves as an attractive option for other donors to The bill we have at hand does a number of things. It expand the size of the funds that they have under renames the fund as the Lord Mayor’s Charitable management and therefore the grants that are being Foundation. It makes some changes to the role of the made across the board, which is the reason why the Lord Mayor from that of having automatic board Liberal and National parties are supporting the bill and membership and being the chair to that of being are pleased that it will be progressing. founding patron of the foundation. I think it is probably

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I do want to take the opportunity to talk a little bit about coinvested in some research, some tools and some the work of some of the foundations that I have been information about how you put young people at the involved in, and interestingly I have had some centre of decision-making. It was another example of connection with the Lord Mayor’s Charitable collaboration that I think still continues today amongst Foundation. I was very pleased to have had the those in the philanthropic sector and between the Lord opportunity previously to be on the board of Mayor’s Charitable Foundation and the Foundation for Foundation Boroondara, a community foundation for Young Australians. FYA is now very ably led by Jan the City of Boroondara where I was formerly a resident. Owen, who is a real innovator and leader and is Foundation Boroondara no longer exists; it has now passionate about the role of young people in the become the Boroondara Cares Foundation, but there is community as leaders, as innovators and as change no doubt that some of that early work of the community agents. Jan does an excellent job in continuing to lead foundation is still very prevalent and present in its and drive the use of a significant corpus to invest in operations today. young people right across the country.

I had the opportunity to work as a board member under I had the opportunity to work with some very the chairmanship of Ben Bodna, who will be known to significant people as well at that time. Bill Conn was many people in this chamber and beyond. Ben was the chair of the Foundation for Young Australians and inspirational in terms of his view of the role of brought his extensive business expertise to his community foundations, the role of philanthropy and leadership role to drive positive change for young the impact that community organisations can have on people right across the country and to the merger of the addressing some of the very significant issues of two philanthropic trusts to form FYA. Wonderful disadvantage. In fact it was some 2005 research that individuals like Frank Oberklaid — known to many — was undertaken at Ben’s insistence while I was a Rob Trenberth, Will Bailey, Alex McDonald, Jill director that identified — even in Boroondara, which Reichstein and Rob Moodie were all on the board. I had people consider to be a very wealthy suburb — that the opportunity to learn from them in that role, which 4000 young people were living in poverty. We was very significant, and of course from colleagues in established the Chances scholarship, which I think from the philanthropic sector such as Helen Morris from the memory was based on Western Chances, a fabulous Myer family and the Sidney Myer Fund, Mary Crooks, organisation that goes from strength to strength under Dorothy Scott and Sylvia Adams. There are so many the significant involvement of Terry Bracks. We really impressive, passionate, committed individuals in established Chances in Boroondara to provide the philanthropic sector who work every day to make a scholarships for students to engage with schooling and very significant difference to our state and our country to stay in school and go on to further education. That and particularly to communities, families and Chances program still continues today and has made a individuals. big difference for many, many students in Boroondara. Of course community foundations continue to grow and This is a very important sector that I know has the expand and play absolutely vital roles in communities backing of all in the house. Victoria’s history has led us across the board. to having the strongest, deepest and most extensive philanthropic sector of anywhere in the country. It is a My other involvement, which was prior to my being result of tax laws and other historical situations, but elected, was as the chief executive of the Foundation what we have seen are significant families, passionate for Young Australians (FYA), a philanthropic trust to individuals and committed businesses all establishing address disadvantage and promote leadership for young philanthropic organisations or investing through groups people. Having the opportunity to work in the like the Lord Mayor’s Charitable Foundation to invest philanthropic sector for a period of four years and get to in our community in relation to the issues that matter know the commitment and passion of those in the and the things that keep people awake at night to try to philanthropic sector was a wonderful opportunity, a drive some positive change for all people, particularly great learning experience and something that I have those who are less advantaged. This is a vital sector. It always valued and will continue to value, I am sure, makes a big difference. It provides a significant into the future. investment that also brings skills and expertise to lead and drive that change working with the non-profit One of the critical things that we did at the Foundation sector to achieve it. The Lord Mayor’s Charitable for Young Australians was to invest in young people Foundation is a very significant part of that picture with leading decision-making and leading in very significant a long history that has been well supported by all sides roles. That was actually some work we did with the of the Parliament and the community at large. The Lord Mayor’s Charitable Trust at the time where we changes we are considering today will enable it to be

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modernised, have strong governance structures and body corporate that administers the fund and for the give it a broader reach to make sure it can continue the administration of the fund. very significant work it undertakes for many, many decades to come. Ms Wooldridge has gone through the specific updates in a way that is quite comprehensive and does not need Ms HARTLAND (Western Metropolitan) — to be repeated. The bill does of course change the role Ms Wooldridge has just given such a wonderfully of the Lord Mayor. It puts in place some transitional comprehensive description of the bill. The Greens will structures which are needed. Ms Wooldridge has support this bill. It is a very clear and straightforward spoken of the contribution that the organisation has bill. It is about updating governance. It is about a fund made to our state. In my view it has done this in a that is really important to the state and making sure that couple of ways. It has overseen the administration and people have good access to it. With those few words, distribution of millions of dollars worth of funds that the Greens will be supporting this bill. have gone to very worthy organisations for their use. It has also done a very useful thing in terms of building Ms SYMES (Northern Victoria) — Ditto, but I will capacity in the charity sector. This is a sector that often just make a few brief comments. I had not heard about needs support and needs an organisation and leaders the Lord Mayor’s Charitable Foundation until I saw this that are visionary to provide the sort of insight and bill come into the Parliament quite some months ago. It learning so that people who want to make a is fascinating. The foundation has been going since contribution through the sector can do so. 1923 and doing really good work. The reason that I have chosen to speak on the bill today is to thank the The foundation is a leader in the sector in terms of its foundation for the work it does. It has a long history, I financial contribution and the role it takes with other found out, of funding a range of priorities, including charities. The changing role of the Lord Mayor has public hospitals, refugee and migrant services, medical been noted in the debate, and also there has been care and, recently, homelessness. I would like to thank acknowledgement of the contribution of Catherine the foundation for all it does. I would like to Brown, who I have also had the pleasure of knowing acknowledge the CEO, Catherine Brown, and thank her and working with through the Queen Victoria for her tireless commitment to positive social change. Women’s Centre Trust, which Ms Brown formerly headed in her typically warm and efficient way. The main reason I am particularly excited by this bill is Organisations like the Lord Mayor’s fund are special the fact that the fund, as a result of the changes, will and rare. There are many charities that start off; there continue in its charitable status but will have an are very few that make such a big contribution over a expanded geographic scope. Currently the foundation long time. This organisation has done exactly that and can only direct money to hospitals and charities within deserves our support. For that reason, along with the metropolitan Melbourne, and outside metropolitan rest of the coalition members, I will be supporting this Melbourne it can only direct funds with the approval of bill. the minister. Under the bill, charities and hospitals anywhere in Victoria are going to be able to benefit. I Motion agreed to. think this is a great change, particularly for country Victoria. As a country member, I look forward to Read second time. working with the foundation on projects that might be of importance to my electorate of Northern Victoria Third reading Region. I commend the bill to the house. Ms MIKAKOS (Minister for Families and Ms FITZHERBERT (Southern Metropolitan) — Children) — By leave, I move: Like Ms Hartland and Ms Symes, I was listening to That the bill be now read a third time. Ms Wooldridge’s comments and deleted some of the words I had intended to say today. I think we find In doing so I acknowledge the contributions that have ourselves in furious agreement. It is a pleasure to be already been made by various members about the able to rise and briefly speak and register my support of rationale for debating this bill today. I also the Lord Mayor’s Charitable Foundation Bill 2016. The acknowledge the very important work that the Lord organisation has been operating for a very, very long Mayor’s Charitable Foundation is doing. As the time and the legislation proposed is intended to replace Minister for Families and Children and the Minister for the 1996 legislation and put in place a structure for the Youth Affairs, I am always very interested in governance, management, powers and object of the organisations that also fulfil a social welfare role and support young people in our state. I am very grateful to

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the foundation for its generous contributions to many this act in recognition of what the state had achieved in fine causes across our state over many years. so many areas of the arts.

I am a bit of a history buff and I was quite intrigued by This bill looks at those creative industries, which a connection it has had dating back to 1923. In fact include a whole range of different elements of the arts before the Lord Mayor’s foundation actually became and creative industries that thrive in this state. These incorporated in 1930, there was a Greek connection include industries involved in craft, design, fashion, there in that the Lord Mayor’s fund at that time also film and television, games, literature, music, theatre and financially assisted Greek refugees fleeing Asia Minor the visual and performing arts. While thinking about and moving into northern Greece. It was a very what has been achieved in the arts, I think about the significant source of funds at that time. When I was in White Night festival held in March and what that that part of the world some years ago I was quite festival of art, technology and innovation has brought to intrigued to see references to the Lord Mayor of Melbourne. Melbourne in different parts of northern Greece. I just wanted to acknowledge the very interesting history I have to commend former Premier Ted Baillieu for there of the generosity of spirit of the Lord Mayor’s having the foresight to bring such a wonderful festival fund, which has made contributions particularly to to our city, and also I compliment the government for support misplaced people and the most vulnerable actually taking that out into the broader regions of people in our community. I am very pleased that that Victoria, because the festival really opens up so many connection to supporting refugees and asylum seekers avenues for everybody to enjoy the arts in so many continues to this day in the important work that the different ways. The spectacle is quite simply foundation is doing. magnificent and shows what is able to be achieved through one festival. It never ceases to amaze me just I too want to acknowledge Catherine Brown, the CEO, how many people come into our city and have a look at the staff and others — and of course there are many that great festival. people who support the foundation and its work. I thank them for that work and I wish them all the very best in In fact Mr Ramsay might be able to confirm that when their continued endeavours. I am very pleased to have our former colleague Mr David O’Brien was in the an opportunity to join in and say a few words in the Parliament he performed — did he not? — in the White debate today. Night festival a number of years ago.

Motion agreed to. Mr Ramsay — He did.

Read third time. Ms CROZIER — I think he did.

CREATIVE VICTORIA BILL 2016 Mr Ramsay — He’s still performing. Ms CROZIER — He is still performing, but he was Second reading part of that festival, so I think that gives us an even Debate resumed from 7 February; motion of closer connection to that great festival. When I think Mr DALIDAKIS (Minister for Small Business, about what it is about, I love this line in the information Innovation and Trade). material:

Ms CROZIER (Southern Metropolitan) — I am For one night only, from dusk ‘til dawn, local, national and international artists, musicians and performers will weave a very pleased to rise this afternoon to speak in the debate spell over the city’s streets, parklands, laneways, public on the Creative Victoria Bill 2016. As I think most spaces and cultural institutions in a celebration of creativity. people in this chamber are well aware, we are very appreciative of the creative industries in Victoria, and I think that is exactly what the White Night festival we have a very proud history of that. does.

I note this bill has a number of functions, although in There are so many more elements to our arts and essence it is fairly uncomplicated. It is mainly a creative industries in this state. Of course we have got a symbolic bill which deals with what the government fabulous precinct, with the Arts Centre Melbourne and says is outdated legislation, the Arts Victoria Act 1972. the Australian Ballet Centre, where there are so many If you think about it, in 1972 Victoria was very performances at an international, a national and a local proactive in many ways. The Premier at the time set up level. That is tremendous not only for those who are participating but for giving the community such

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accessibility and a great understanding of all of those creative industries to not only the City of Melbourne creative and very talented performers, in whatever field and the state of Victoria but also our country and they are involved in. regional areas, where many of these industries are established — and they are ongoing. We have got I was with my colleagues Mr Davis and Ms Fitzherbert Indigenous art, we have got traditional and more on Sunday attending the Van Gogh and the Seasons creative and innovative elements — we have all types exhibition, which is just another magnificent of art. That needs to be recognised in the ongoing Melbourne Winter Masterpieces exhibition that the funding for all those involved in the sector. National Gallery of Victoria is putting on. In fact there was a record crowd on Sunday. The queues were The other aspect about which some concerns were 1 1 ⁄2 hours long. This was an extraordinary raised was that there was not widespread consultation acknowledgement not only by the Victorian community prior to the bill being drafted, contrary to what the but also by others, including the international and minister indicated in his second-reading speech. It interstate visitors to that exhibition. I would like to appears that there was not the extent of consultation that place on record my appreciation of the work of Tony many within the sector would have preferred and would Elwood and how terrifically he manages our very own have appreciated. Hopefully, the industry might be able art gallery. to provide feedback on the bill and undertake the ongoing research that is required to enable an There are so many aspects of what our creative evaluation of the economic returns and other benefits industries do. I have mentioned just a couple of very that the sector contributes and to promote the diversity high profile ones that we are aware of. We have got and excellence of the arts sector to everyone within the galleries in regional Victoria, which are incredibly community. important to those local communities as well. There is the Hamilton Gallery, where my great friend Jane As members know, my colleague Heidi Victoria in the MacDonald has an involvement. She is very proud of Legislative Assembly is very passionate about the arts. the work that her local community does in supporting She has a true commitment to the arts and does a that art gallery. There are galleries in other regional tremendous job. She spoke to a number of people, and towns and cities — for example, Bendigo. I reflect on there was absolutely a concern about the bill from some the magnificent Grace Kelly: Style Icon exhibition of a of those people she spoke to. They understand the few years ago, which was held at the Bendigo Art commitment that the government has to supporting the Gallery. Communities have the ability to visit those arts, but they had concerns in relation to the areas that I exhibitions, and the exhibitions provide a tremendous have highlighted — for example, that the bill does not economic boost to those regional areas. seem to have any link to innovation. It also does not have a huge focus on the rural or regional areas of our There is much to be celebrated and much to be thankful state. The bill could then inadvertently not support for. We have a tremendous arts industry here in those creative industries out in the rural areas, as Victoria. Governments of all persuasions, and I think I opposed to a city-centric focus. I am hoping that will can say members of all persuasions, are very supportive not be the case, but these are concerns that have been of the arts industry here in Victoria and all those people raised with the shadow minister for arts and culture, and who are involved in it. I would hope that the government in their ongoing support, funding and dialogue with all aspects of the As I said, this bill is not terribly complicated. It is just creative industries sector would be getting that an administrative bill that recognises the operation of feedback and evaluation, also understanding that there Creative Victoria. It repeals the Arts Victoria Act 1972, is an immense commitment from regional and rural which I have previously mentioned. It recognises the areas to really promote various art programs. operation of Creative Victoria and its key officeholder and expresses the government of the day’s commitment I have already commended the government on their to policy and support for the creative industries. initiatives in terms of the White Night festival. I am not sure if an evaluation has actually been made available I would like to make a couple of comments on some as yet, but it would be interesting to see how the festival shortfalls or oversights in the bill, which I am hoping was received, whether it is economically viable, what the government will be able to address in the months to the returns were for the areas and how that might play come. Those within the sector feel that the issue of out into the future. funding has not been addressed in the bill. They would like that funding commitment to be ongoing. As I said, I do not think there is too much more I need to say in there is an enormous economic benefit from the relation to this bill, only that I urge the government to

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widely seek feedback and evaluation from a broader All Victorians participate in the arts in some way by range of stakeholders, not just the periphery that was being artists, performing artists or musicians, by acting undertaken when seeking comments and feedback on in theatre productions or by being involved in painting, this bill. As I said, I think we are all in agreement that pottery or musical endeavours, not only in Melbourne there is much to be enjoyed and celebrated, recognising but across regional Victoria. All communities are that we have a strong and vibrant history of the arts and involved. It is very difficult to imagine a life without creative industries in this state. I think governments of involvement in the arts either as a participant or as a all persuasions going forward will continue to support person who is part of the audience supporting artists. those industries. These principles, as I understand it, are replacing the objectives of the Arts Victoria Act 1972, which this bill Ms PENNICUIK (Southern Metropolitan) — I am is repealing. It is 45 years this year since that act was happy to rise today to speak on the Creative Victoria enacted. Bill 2016. The bill will be supported by the Greens. It does a number of things, including recognising The bill also sets out the administrative functions of principles relating to the arts and creative industries in Creative Victoria. For example, the chief executive Victoria. Those principles are worth going to officer will be employed under the Public immediately in terms of what they do and how they are Administration Act 2004 and will be appointed by the set out in the bill. Clause 4 of part 2 of the bill states: Secretary of the Department of Economic Development, Jobs, Transport and Resources. The bill (1) The Parliament recognises that— also sets out the functions of the chief executive officer, (a) the arts have an intrinsic value that contributes to which I do not necessarily need to go into in great the cultural depth, diversity and life of Victoria; detail, but it does include consulting with bodies and and people in the arts and creative industries to understand the opportunities and challenges facing them and (b) the arts and creative industries contribute significantly to Victoria’s wealth and prosperity. developing strategies to respond to these opportunities and challenges. I think that is a very important point, (2) The Parliament further recognises that— which was also raised by the previous speaker, in regard to the ongoing engagement and consultation (a) the arts and creative industries are means to improve the quality of life for all individuals in with people who are involved in the arts in Victoria to Victoria and improve the community of Victoria as make sure that Creative Victoria is always in touch with a whole; and what is going on and what the needs of our artists and artistic communities are, particularly solo artists and (b) all individuals in Victoria are equally entitled to small arts organisations, which can often be overlooked access opportunities and participate in and contribute to the arts and creative industries in in favour of larger organisations. That is an important Victoria; and provision in the bill.

(c) all individuals should be free to express their ideas Clause 12 of the bill requires the minister to ensure a and opinions through the arts and creative strategy for the arts and creative industries is prepared industries. every fourth year by 1 September after clause 1 comes Clause 5 clarifies that the Parliament does not intend into operation. I am presuming that means that we will part 2 of the bill to create in any person any legal right not see a strategy until four years from this year — that or to give rise to any civil cause of action in respect of is, 2021. It will be interesting to see whether the the principles outlined in clause 4, which is very government has anything to say on when the strategy interesting. I think these principles are good high level will be due, given that this bill has been somewhat principles in terms of establishing creative industries delayed in its passage through the Parliament. under the Department of Economic Development, Jobs, Paragraph (2) of clause 12 details the information that Transport and Resources, or DEDJTR, a very long must be contained in the strategy, including improving acronym. Whilst these principles are set out in the bill, the knowledge and appreciation of the arts in Victoria, the question really is how they are actually encouraging and assisting the growth and impact of arts implemented, and as the previous speaker, Ms Crozier, in Victoria, promoting and improving access to the arts said and as the government outlined in the and supporting and promoting the practice of second-reading speech, the arts are very important to Aboriginal and Torres Strait Islander arts in Victoria. the Victorian community and to all Victorians. They are all very important parts of the strategy, particularly the last one. As I said, it is very important not just that the strategy be centred on Melbourne but

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that it include regional areas and all of the various be they solo artists or community arts organisations — ethnic communities in Victoria, in particular the to pursue the arts in Victoria. Aboriginal and Torres Strait Islander communities and their artistic endeavours. Mr EIDEH (Western Metropolitan) — I rise to speak on the Creative Victoria Bill 2016. This bill The bill also repeals the arts fund. I did ask what the consolidates and enhances Victoria’s cultural and arts implications of that would be, and I thank the minister’s capacity, and it is an important part of the Victorian office for responding to my question regarding the government’s approach to our creative industries. Our abolition of the arts fund. They have outlined that the creative sectors account for $23 billion in gross value arts fund was originally created as a mechanism for added and make up about 8 per cent of the Victorian holding funds appropriated through the state budget to economy. Our creative industries employ around achieve the objectives of the Arts Victoria Act 1972. 220 000 people and provide Victoria with over They indicated that the fund has never been used in this $1 billion in annual cultural tourism. The Andrews way and that contemporary accounting practice for the Labor government knows that our arts and cultural holding and management of appropriated funds does sectors are integral to the overall wellbeing of all not rely on the use of such trust funds. The information Victorians, including mental and physical health. Our from the office goes on to say that should a need like arts and cultural sectors also provide social and this arise in the future, a general trust fund maintained recreational benefits to Victorians. by the department could be used by Creative Victoria in the same way as it is used by other departments, and Our creative industries are many and varied, ranging also that the arts fund balance at the time the bill will from design, film and television to music, craft, theatre, come into force is expected to be zero. literature and many more. This is not just a matter for government. As a society, we must all support and I also asked the department about the mechanisms for cherish our cultural existence, and of course most applying for arts funding grants, and we have not Victorians do. Our theatres, our film and television received a lot of information. Of course there is some industries and our museums are some of the best in the information available on the Creative Victoria website, world, and they must be protected from the ravages of but I suppose what is not very clear, and perhaps the those who would see them disappear. Our creative government could clarify this, is what the criteria are industries also have a profound impact upon our for the allocation of grants. Grants start from $5000, science and technology capacity and the environment and go up to $20 000, for solo projects, for individuals, and sustainability sectors in a diverse number of areas, for organisations — including the arts and non-arts including education and communication. We simply community — and for local government organisations. cannot attempt to quantify the value of our creative But there is not much information on how the actual industries in terms of numbers and dollars, as this grants are assessed nor on the criteria on which they are overlooks their true and intrinsic value to the assessed. It would be useful to have that information recreational, social and also educational life of all more publicly available on the Creative Victoria Victorians. website. The term ‘creative industries’ recognises a new Of course Creative Victoria was established some time approach to developing Victorian creativity, and it is ago, so in fact this bill actually underpins Creative needed to reflect that creative practice is increasingly Victoria, which has been operating for some time. taking place across areas of cultural and creative activity previously considered distinct. There is value in The Greens are supportive of the bill. We are very approaching the issues that cross the arts and broader supportive of the arts in Victoria and the continuing sectors and in supporting the whole, rather than just funding of the arts in Victoria. Over my time in this focusing on individual sectors. This does not mean that Parliament I have raised quite a number of issues about individual creatives will be regarded as having the same music, for example, the Victorian College of the Arts motivations, challenges and needs as large and other issues where funding has been removed from corporations. Nor does it mean that producing art is to community organisations. Whilst it is great to have be measured solely against business objectives, Creative Victoria set up under the department, for its although art’s economic value must be clearly functions to be so clearly set out in the legislation and recognised. It also does not mean that creative products for the principles underpinning it to be in the act and and services developed commercially do not have supported by the full Parliament, of course it always artistic value. This is why the government has clarified depends at the end of the day on how it is implemented and consolidated our approach to Victoria’s arts and and on the funding that is available to support artists —

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creative industries, with the creation of and with Third reading significantly increased funding to Creative Victoria. Ms MIKAKOS (Minister for Families and The Creative Victoria Bill will repeal the Arts Victoria Children) — By leave, I move: Act 1972 to establish legislative recognition of the status and operation of Creative Victoria. As the That the bill be now read a third time. minister has stated, while aspects of the Arts Victoria On behalf of Minister Pulford, I thank all members for Act 1972 are now well out of date, its symbolic their contributions on this bill. function remains of continuing importance. The government recognises that Victoria’s cultural growth Motion agreed to. is an essential part of what makes us unique, and streamlining and updating our legislative and Read third time. organisational approach to the diverse number of creative industries and sectors is a fundamental step in BUDGET PAPERS 2017–18 this process. Mr JENNINGS (Special Minister of State), This legislation will provide a new whole-of-sector pursuant to section 27E of the Financial approach to focus on and recognise the private and Management Act 1994, presented budget paper 2, public benefits of our arts and creative industries. It is ‘Strategy and Outlook’; budget paper 3, ‘Service an overt demonstration of this government’s vision and Delivery’; and budget paper 5, ‘Statement of makes a tangible contribution to modernising our Finances’ (incorporating quarterly financial report creative and arts sectors. no. 3); and, by leave, presented budget paper 1, ‘Treasurer’s Speech’; budget paper 4, ‘State Section 12 of this legislation introduces a requirement Capital Program’; ‘Overview’; budget information that the minister must prepare an arts and creative paper, ‘Rural and Regional’; budget information industries strategy every four years. This is essential paper, ‘Suburban’; and ‘Gender Equality Budget given that this review process did not occur in the Statement’. 10 years prior to the current legislation. Section 12 of the legislation will ensure that the government’s key Laid on table. focus for the arts and creative industries in Victoria is reviewed and that it is achieving the objectives set out Ordered to be considered next day on motion of in this bill. Mr JENNINGS (Special Minister of State).

This bill also ensures that governance arrangements for Business interrupted pursuant to sessional orders. Creative Victoria will be strengthened by the appointment of a chief executive, Creative Victoria, QUESTIONS WITHOUT NOTICE whose responsibilities include expanding the knowledge, understanding, appreciation and practice of Member for Melton the arts in Victoria. The chief executive role will not Mr RICH-PHILLIPS (South Eastern impact upon Creative Victoria’s operational Metropolitan) — My question is to the Leader of the relationship with the Department of Economic Government. In relation to the member for Melton, the Development, Jobs, Transport and Resources, with the Premier said last week: secretary as departmental head or with the minister. If he does not pay the money back, we will take it out of This legislation appears before the house as an example Mr Nardella’s hands and we will recover that money. of the many views expressed during a focused and concerted process of public and industry consultation, How much money was the Premier referring to — the and the government is proud to be expanding the $76 582 claimed for living in Ballarat or the $98 254 cultural diversity and enrichment of our great state. claimed for living in Barwon Heads?

I commend the bill to the house. Mr JENNINGS (Special Minister of State) — I thank Mr Rich-Phillips for his question. Given that they Motion agreed to. were comments that were made by the Premier, even though I was in the Premier’s company, at no stage did Read second time. he or I discuss what he meant by that phrase.

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Supplementary question actually say that there are many members of the opposition who clearly do not actually understand how Mr RICH-PHILLIPS (South Eastern Parliament works and in fact are pretty capricious in the Metropolitan) — I thank the minister for his way that they believe it works. Can I suggest to you that extraordinary response. the matter that the member has referred to in terms of the arrangement that has been reported in the media — Mr Jennings — It is an honest response. the arrangement between the member for Melton and Mr RICH-PHILLIPS — Honest, Mr Jennings? the Parliament to return those moneys — is a matter for the Parliament and the member for Melton. I have not, Mr Jennings — It is complete and honest. and I do not believe the Premier has, had a conversation with the member for Melton about the terms of that Mr RICH-PHILLIPS — A brutally honest repayment. response, Mr Jennings. Given the member for Melton has not agreed to repay the $174 000 he received, will Supplementary question the government still take it out of Mr Nardella’s hands and recover the money, as the Premier suggested last Ms WOOLDRIDGE (Eastern Metropolitan) — Monday? Thank you for that answer, Leader of the Government. Can I then ask: has any member of the government had Mr JENNINGS (Special Minister of State) — I do a role in negotiating the repayment terms with the not know whether Mr Rich-Phillips has heard or seen member for Melton? the complete transcript of what took place in terms of the press conference that I was party to last week. At Mr JENNINGS (Special Minister of State) — The the press conference that I was party to and in my answer to Ms Wooldridge’s question is: not to my contribution I made it very clear that the government is knowledge. intending to introduce legislation to provide for powers that currently are not available to the Parliament in Prison capacity relation to reclaiming money and the means by which Mr O’DONOHUE (Eastern Victoria) — My that could actually be undertaken and indeed additional question is to Minister for Corrections. Minister, can penalties that may be incurred through inappropriate you confirm, following now three budgets of the claims and payments of money. It is the intention of the Andrews government and despite serious crime government to introduce that legislation in the second exploding across Victoria under your government’s half of this year, and I imagine that that will be an watch, that the number of maximum security prison opportunity for us to fully discuss those issues as the beds within Victorian correctional facilities is now less government is joined by the opposition, presumably, in than at the change of government in November 2014? supporting that initiative. Ms TIERNEY (Minister for Corrections) — One Member for Melton thing is true, and that is that the prison population has increased by 67 per cent in the last 10 years, and indeed Ms WOOLDRIDGE (Eastern Metropolitan) — My there has been a doubling of remand prisoners since question is also to the Leader of the Government. 2013. The fact of the matter is that we have not sat there Ordinary Victorians are required to repay money to the and done nothing. What we have done is a number of state and they are often subject to penalty interest things. Firstly we have introduced and rolled out a very currently set by the Attorney-General at 9.5 per cent per effective court conferencing arrangement. We have annum. Is the member for Melton required to pay funded that, and that has been extended. We have also penalty interest on his repayment scheme? heard from the commissioner for corrections time and Mr JENNINGS (Special Minister of State) — Not time again that, yes, we have got a system that is for the first time Ms Wooldridge clearly does not reaching capacity, but the fact of the matter is that we understand either the Parliament’s powers, the have been able to manage this situation well. obligation — — Ms Crozier — No you haven’t; it’s out of control.

Mrs Peulich — You’re just saying that because Ms TIERNEY — It is not out of control. If you she’s a woman. believe that, you are not believing the commissioner for Mr JENNINGS — No, in fact I would say that of corrections, who has time and time again outlined how many members of the opposition, Mrs Peulich. I could the prison system is managed. A lot of work goes into managing the prison population.

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Honourable members interjecting. situation was that Corrections Victoria did go through a very thorough assessment in relation to that prisoner, Ms TIERNEY — I know quite a bit, Mr — — and they do stand by that assessment. They took, I think, a number of elements into that case to filter and Mr Ondarchie — What have you done? shake through issues that may have been of concern, Ms TIERNEY — What we have done is maintain a but they absolutely stand by their decision that that was stable environment, unlike those opposite. The number the accurate and proper response in terms of allocating of escapes that took place under your watch is that person to that prison. significantly higher than what has occurred under our Heyfield timber mill government. We have worked tirelessly to work through the issues of prison population, and we do look Ms BATH (Eastern Victoria) — My question is to forward to the Ravenhall prison coming on stream later the Minister for Agriculture. With respect to the this year. Heyfield timber mill and its workers, the Premier has broken his commitment to visit the mill and the Supplementary question government has been silent for the sixth week since the Mr O’DONOHUE (Eastern Victoria) — I ask by mill’s potential closure was announced. Minister, is it way of supplementary: Minister, is the shortage of on your instruction that the Premier has abandoned the maximum security beds across the state — and I note Heyfield timber mill workers? you did not refute the proposition I put in the Ms PULFORD (Minister for Agriculture) — I substantive question — one of the reasons why there thank Ms Bath for her very strange question. The has been so much prisoner unrest throughout the government continues to work to provide a resolution corrections system, including the recent escape last to the very challenging circumstances that exist at month from Langi Kal Kal Prison by convicted sex Heyfield. As the member well knows, the Premier has offender Barry Dettman, who had been transferred to indeed met with a group of the affected employees. I that prison just the day before from Port Phillip? have met with, I imagine, most but not all of the Ms Tierney — There are a number of issues in that Heyfield employees in a visit to the mill, addressing question. I am really not clear about what the question both shifts. Ms Shing is, I think, in regular contact with is, President. people involved in the mill as well. We continue to work with the company, with the union that represents The PRESIDENT — Order! I can understand the the employees and with community leaders to bring a minister’s reaction to that in the sense that I was resolution to these challenging issues. We have not concerned as to whether or not the supplementary gone missing at all — nothing could be further from the question was apposite to the substantive question. I truth. actually thought that it tended to go to new material and perhaps in a multi-choice format. Minister, would you Supplementary question like the question repeated? Ms BATH (Eastern Victoria) — I thank the minister Ms Tierney — Yes, thank you. for her response. The Premier has broken his promise to visit the mill, his offer to buy the mill is widely derided Mr O’DONOHUE — Minister, is the shortage of as a stunt and even your local MP, Ms Shing, has maximum security prison beds across the state one of backed out of a planned visit. Minister, have you signed the reasons why there has been so much prisoner unrest the Construction, Forestry, Mining and Energy Union’s throughout the corrections system, including the recent (CFMEU) pledge to protect the Heyfield jobs or, like escape last month from Langi Kal Kal Prison by the Premier, have you also abandoned the Gippsland convicted sex offender Barry Dettman? timber mill workers?

Ms TIERNEY (Minister for Corrections) — I will Ms PULFORD (Minister for Agriculture) — I attempt to answer that question. I think what really thank Ms Bath for her further question. I have had comes to the heart of the question that Mr O’Donohue many, many discussions with the CFMEU about this has attempted to ask is whether prisoners are being matter. I met with their delegates at Heyfield and here accurately assessed in terms of their security in my office — at multiple locations on numerous assessment. That being the case, I certainly believe that occasions — and have had discussions with the Corrections Victoria does assess prisoners at the correct management of the company as well. We will continue level. Indeed the reference to the Langi Kal Kal to work constructively to seek a resolution to these

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issues. We certainly remain willing to be a buyer of last schedule of level crossing removals, will be well in resort of this company, as we have stated. advance of what was originally envisaged within this program. Caulfield–Dandenong line elevated rail Within that design and that project delivery, I am Mr DAVIS (Southern Metropolitan) — My confident that the Minister for Public Transport, the question is for the Leader of the Government, and I Level Crossing Removal Authority (LXRA) and those refer to a post on the reputable railpage.com.au, which who are charged through Public Transport Victoria will says: address the concerns about freight movements and indeed safe and reliable commuter transport for Railpage has received information the current design of the above-ground — Victorians in the future along that corridor. If he has any further detailed questions, I am certain that my sky rail — colleague would be well versed and able to answer them. system — Supplementary question this refers to the Caulfield–Dandenong line — (Southern Metropolitan) — I am not will not support the weight of freight trains between Mr DAVIS Melbourne and Gippsland, requiring freight to be removed assuaged by that response, and I am going to quote for from the line. the member’s benefit — —

Minister, can you assure the house that the Andrews Mr Dalidakis — Let’s use an anonymous forum on Labor government’s Caulfield–Dandenong sky rail a website! project will support the continuation of rail freight from Gippsland to the port of Melbourne, and if not, why Mr DAVIS — No, it is not. It is a not? well-respected — —

Mr JENNINGS (Special Minister of State) — I Mr Dalidakis interjected. thank Mr Davis for his question. I am not too sure whether in fact Mr Davis relies on my knowledge of a Mr DAVIS — I am quoting: website in terms of answering his question, because it It is believed if the current design — would not be the first time that Mr Davis has come into this Parliament and reported as fact something that the website says — actually appears on websites or Facebook or in some other social media commentary as if it is fact, then with limitations is allowed to continue, freight trains will be required to terminate at Dandenong and containers placed on made an assertion based upon it and then expected me trucks for the journey to and from the port. This situation is to respond to it on behalf of the government as if it is likely to lead to freight services on the Gippsland corridor fact. being unviable economically, placing thousands of additional truck journeys on our road network. In relation to the matter that goes to the heart of the question, regardless of his intrigue about the It goes on to say that: construction of the question, I have great confidence in Railpage has written to the Level Crossing Removal the ability of my colleague the Minister for Public Authority requesting clarification on the issue but is yet to Transport and the people who are working with her in receive a response. relation to the redevelopment of the Melbourne Minister, will you ensure that there is a proper response metropolitan railway system, including the to Railpage, to the community and to the people of Cranbourne-Pakenham line and the level crossing removal program, to design, implement and project Gippsland? manage this important undertaking on behalf of the Mr JENNINGS (Special Minister of State) — The Victorian government. As Mr Davis would be aware, President will note that it is probably not my usual wont this is an extraordinary undertaking in relation to the to refer to a text or a screen in my answers, but 50 level crossing removals program that the Ms Shing has provided me with a direct feed of the government is making excellent headway on, and Level Crossing Removal Authority website currently indeed there is further support in the budget today for on this particular matter. that important initiative to get a further eight level crossings removed. So the government, in terms of its

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As far as the commitments of the government and the we could also be informed of that, that would be most LXRA are concerned, in answer to the question: helpful. Thank you, Minister.

Will you continue to run diesel trains on the old tracks Mr JENNINGS (Special Minister of State) — underneath the new rail line? There is a very good chance, Mr Barber, that the the answer is: President may encourage me to actually try to obtain an answer to your question in two days. The new elevated structure will be designed to safely carry both Metro passenger trains and diesel freight trains. Just as The PRESIDENT — I am being channelled! passenger and freight trains share tracks currently, they would continue to share tracks in the elevated design. The tracks Child sexual abuse underneath the elevated structure will be removed to create new community spaces. Ms PATTEN (Northern Metropolitan) — My That is online, and the government stands by those question is to the Minister for Corrections, representing undertakings. the Attorney-General. It has been reported this week that young Victorian schoolgirls are being unlawfully Portland aluminium smelter forced into marriage in record numbers, with authorities investigating dozens of child bride and forced marriage Mr BARBER (Northern Metropolitan) — My claims. I think we should call it what it is: this is child question is for Mr Jennings, representing the Minister abuse. Despite numerous amendments to the Crimes for Energy, Environment and Climate Change. Act 1958, why does the act include the defence of Minister, in the funding agreement that your consent to sexual penetration of a child under the age of government has made with the Alcoa Portland smelter, 16, indecent act with a child under the age of 16 and was there a requirement that they take part in the other child sex offences? So what I mean is: there is a demand-side participation program — that is, that they defence in the act where the accused believed on will agree to be voluntarily powered down during a few reasonable grounds that he or she was married to the days a year when electricity demand is extremely high? child.

Mr JENNINGS (Special Minister of State) — I Ms Tierney — Sorry, I missed the last line of the thank Mr Barber for his question. Mr Barber has asked question. me a series of questions about the undertakings that were reached by the government in providing support Ms PATTEN — Within the Crimes Act 1958 — to Alcoa earlier this year. Without knowing the level of and we have had numerous amendments to the act over detail in relation to the specifics he has raised with me my time here — there is still a defence of consent to in that question, what I can say is it is a longstanding sexual penetration of a child where the offender, the arrangement that Alcoa for many, many years has been accused, and I quote the act: party to undertaking this in relation to load shedding. … believed on reasonable grounds that he or she was married That actually happens at times of acute need in relation to the child. to the state’s energy needs at times of peak demand and some pressures within the distribution network. That is The PRESIDENT — Order! But what is the a longstanding arrangement. If that has been augmented question? by this agreement, I would need to have some advice, but at this moment I do not know of the specific Ms PATTEN — The question is: why is this still in arrangement that he may be referring to. the act?

Supplementary question Ms TIERNEY (Minister for Corrections) — Thank you, Ms Patten, for this question. This is an issue that is Mr BARBER (Northern Metropolitan) — That was of broad concern across the community regardless of certainly the case in relation to the Point Henry smelter, where people have been born or indeed cultural which is now closed, and of course Hazelwood has background. It is a significant issue in this state, but it is closed in the meantime. So if it has not been a specific also a contemporary issue across the world. As I condition that has been made in relation to this funding, understand it, there are commonwealth laws that apply then if the Minister for Energy, Environment and in terms of certain elements and then there are some Climate Change knows something about their own state laws. Clearly I will refer this matter to the voluntary participation through the energy market, if Attorney-General. I am sure that he has been looking at this in recent times, as it has had increased currency,

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and I look forward to providing that information back refer the specifics to Minister Foley for a written to you, Ms Patten. response.

Supplementary question Supplementary question

Ms PATTEN (Northern Metropolitan) — Thank Ms PATTEN (Northern Metropolitan) — I thank you, Minister. I look forward to that. As you say, as a the minister. I look forward to that, and obviously this Melbourne man is set to be the first person convicted will apply to my supplementary as well. I have been under federal forced marriage and illegal child marriage advised by the guild that the adrenaline EpiPen that is laws, it has been reported that he pleaded guilty to commonly used in other jurisdictions for naloxone is marrying the girl only after prosecutors dropped a not available here. For administration here, naloxone sexual abuse charge. So can the minister confirm on has to come in either a prefilled syringe which a needle how many occasions the Director of Public has to be attached to or an ampoule that is then drawn Prosecutions has withdrawn child sexual abuse charges into a syringe. It is very complicated. The minister has because of the existence of this child bride defence? announced a policy to assist in the distribution of naloxone to peers, families and communities as an The PRESIDENT — Order! Can you focus on a important part of strengthening Victoria’s response to period? overdose. Does the government’s policy expect that ordinary members of the community encountering Ms PATTEN — The last five years. overdoses are now going to be forced to sort of fumble Ms TIERNEY (Minister for Corrections) — Again, with needles and syringes before administering what I will ask the Attorney-General to incorporate the could be a life-saving drug, naloxone? answer in terms of your substantive with the The PRESIDENT — Order! Again I have some supplementary. Clearly in terms of the specifics I concern. I think this goes to a quite separate issue, but cannot comment, given the matter is before the courts. there is obviously a relationship. The common thread is overdoses, deaths in the community, survival rates and Naloxone supply so forth, and certainly the availability of certain Ms PATTEN (Northern Metropolitan) — My treatments. So on that basis I will allow it, but it is second question is for the Minister for Families and pushing the envelope a little bit. Children, representing the Minister for Mental Health. Ms MIKAKOS (Minister for Families and In response to my supervised injecting centre bill and Children) — I will take the supplementary question on the coroner’s related recommendations around a notice and refer that to Minister Foley. It is a matter that medically supervised injecting centre, the minister is outside my area of expertise, that particular issue. But announced in February a $1.3 million package to what I can say to the member, further to what I said subsidise the cost of naloxone. I am advised by the earlier, is that there is $81.1 million in the budget Pharmacy Guild of Australia that since naloxone has handed down today for the third stage of the been available across the counter, there have been government’s Ice Action Plan. I know that persistent issues with low wholesaler stock and Minister Foley is absolutely committed to providing naloxone is regularly unavailable. What is the more resources through early intervention and government doing to guarantee the supply of naloxone treatment for Victorians struggling with dangerous drug across Victoria other than subsidising a product that usage, and I will be very happy to forward the may not be available? member’s supplementary question to Minister Foley for Ms MIKAKOS (Minister for Families and a written response. Children) — I thank Ms Patten for her question directed to the Minister for Mental Health. It is a very specific Correctional facility disability services question, so I will direct that question to Minister Foley Dr CARLING-JENKINS (Western for a response. What I can say more broadly is that Metropolitan) — My question is for the Minister for Minister Foley did make some announcements late last Corrections, Minister Tierney, and it is in relation to week in relation to some additional resources around communication accessibility for prisoners with drug rehabilitation beds that I am sure the member disability. The Corrections Victoria Disability would be aware of. That is part of our government’s Framework 2016–2019 focused on reducing barriers continued investment to provide additional resources for offenders and prisoners with a disability to services, and services and supports for people who might be programs and facilities while serving their sentence. experiencing drug addiction. But I am very happy to

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While the framework recognises the need for a targeted QUESTIONS ON NOTICE response for prisoners and offenders with poor communication skills associated with specific Answers disabilities, it does not outline in detail which steps are to be taken. There is still a lot of work to be done to Mr JENNINGS (Special Minister of State) — I ensure that people with a disability are able to properly have answers to the following questions on notice: communicate and be communicated with in 7658, 7703–4, 7721, 9723–4, 10 503–8, 10 510–11, correctional facilities. Minister, will the government 10 513–14, 10 523–59, 10 561–70, 10 576–9, commit to seeing that all correctional facilities 10 583–5, 10 587–98, 10 601–4, 10 606–7, 10 609–18, communications are accessible for people with a 10 909, 10 911–19, 10 925–47, 10 950–62, 10 964–70, disability through, for example, the publication of 10 973–4, 10 979–80, 10 982, 10 984–8, 11 016–18. forms and instructions in plain English form, which is a common tool used to ensure communication QUESTIONS WITHOUT NOTICE accessibility? Written responses Ms TIERNEY (Minister for Corrections) — I thank Dr Carling-Jenkins for her question and her ongoing The PRESIDENT — Order! In relation to today’s advocacy for those who are vulnerable and who have questions without notice, and in regard to Ms Patten’s got disabilities. In an incarceration system I think it is first question to Ms Tierney, which was on matters particularly important that we make sure for those that related to the Attorney-General’s portfolio, for the are already experiencing difficulties as a result of substantive and supplementary questions, that is two having disabilities that their issues are addressed. I am days. more than happy to review the current situation and In regard to Ms Patten’s second question, for the work out a way forward to improving what can be substantive and supplementary questions, that is two improved, and I look forward to having discussions days. with her on that as we progress the matter. In regard to Mr Barber’s question to Mr Jennings, for Supplementary question the substantive and supplementary questions, that is Dr CARLING-JENKINS (Western two days. Metropolitan) — I thank the minister. I do really Mr Rich-Phillips — On a point of order, President, appreciate that response, and I look forward to having a in relation to my principal question to the Leader of the more in-depth conversation with her about this. As I Government, Mr Jennings was really honest in his mentioned in my substantive question, a really great response when he said, ‘I don’t know’. I am wondering tool to ensure communication accessibility is the on that basis if you might ask the minister if he can translation of documents into plain English, so I ask: provide a written response to that question about what will the government consider publishing reports such as the Premier meant in his statement last week. the Corrections Victoria Disability Framework 2016–2019 and its annual report in plain English in The PRESIDENT — Order! After having taken order to include people with disability, who are advice from the Clerk on this occasion the indication is currently being excluded from this conversation that the minister’s response that he did not know — in because of inaccessible communications? the Clerk’s view, and therefore I will accept the advice on this occasion — is a response that is apposite to the Ms TIERNEY (Minister for Corrections) — As part question that was asked. There is an opportunity for of my inquiries in determining what information is members to further pursue the matter by way of a readily available, I will certainly take that into question on notice. Obviously the Premier is in another consideration. Can I say in terms of language and place and the question related to the Premier’s view of written form in straightforward language, that it is an this matter or his comments on this matter. The absolute priority. I understand that priority in terms of question obviously went to what he meant by the people that have got disabilities, but I also understand remark that he made, and clearly the Premier is in a that in terms of previous work experience with those position to actually satisfy that sort of question in the that come from other countries where English is not other place as well. So on that basis I will not reinstate their first language. Indeed their own language is often that question. denied to them in a written form. So I do understand the importance of communication and again look forward to that conversation with the member.

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Mr O’Donohue — I raise a point of order, CONSTITUENCY QUESTIONS President, in relation to my substantive question, which was in effect: can the minister confirm that following Southern Metropolitan Region three budgets there are fewer maximum prison beds now than in November 2014? I submit that the minister Ms PENNICUIK (Southern Metropolitan) — My did not answer that question and was not responsive to constituency question is for the Minister for Planning. that point. The community of St Kilda and beyond is extremely concerned about the apparent imminent demolition of The PRESIDENT — Order! I have some sympathy the Greyhound Hotel. The community values the with Mr O’Donohue’s proposition, in the sense that I Greyhound as a historic landmark, a local pub and a had some difficulty during parts of question time with music and entertainment venue, especially for the the interjections that went across the chamber and did LGBTI community. At its ordinary meeting on not pick up all of the responses. I must say I was 19 April 2017 the City of Port Phillip resolved to actually tempted to ask Mr Davis to repeat his request that the Minister for Planning authorise the supplementary question. I only did not do so because I preparation and exhibition of amendment C148 to the thought that the minister did have a reasonable grasp of Port Phillip planning scheme to apply a permanent what the question was about, but there certainly was a heritage overlay and associated controls to 1 Brighton lot of noise and interjection across the chamber as Road, St Kilda, and to request the minister prepare and Mr Davis posed that question. In regard to approve amendment C147 to apply an interim heritage Mr O’Donohue’s request, I did actually seek the overlay to 1 Brighton Road, St Kilda, while permanent courtesy of seeing that question to establish whether or controls are progressed. I ask the minister to act with not I should actually seek a written response, and on the urgency on this issue to prevent the loss of yet another basis that has been raised I will actually seek a written much-loved heritage building. response on the substantive question put by Mr O’Donohue. That is one day. Western Metropolitan Region

Mr O’Donohue — On a further point of order, Mr FINN (Western Metropolitan) — My President, I notice that the Leader of the Government constituency question is to the Minister for Public said there are several hundred answers to questions on Transport. The government often likes to talk about its notice. Without taking the time of the chamber, I willingness to consult with the community. As we have currently have 2394 questions on notice that are just as often seen, these claims of consultation are outstanding. The vast majority of those 2394 questions entirely empty. The latest community to feel the brunt are to the Minister for Corrections or to the Minister for of the Andrews government’s so-called consultation is Corrections in her capacity representing the Minister that of Essendon. That community’s concerns about the for Police, and I seek some advice as to whether those removal of the Buckley Street level crossing are being 2394 answers are coming in the near future. completely ignored. I ask: will the minister change her attitude and listen to the strong opposition of the The PRESIDENT — Order! In respect of process Moonee Valley council and local residents to the the pursuit of this type of matter needs to occur on an government’s plans for the removal of the level opposition business day, which is Wednesday, so on crossing? this occasion, under our standing orders, I am unable to take it up. I will point out that I have actually had some Western Victoria Region correspondence from the Minister for Police in regard to some of the questions that you are no doubt referring Mr MORRIS (Western Victoria) — My to, and there are some matters of judgement that she has constituency question is directed to the Minister for asked me to consider — and I will do so — in terms of Planning, and it relates to wind farm planning what is an appropriate level of monitoring of the applications in my electorate. Two specific wind farms system. I certainly think that some of those questions of concern are the Lal Lal and Moorabool wind farms. that you are concerned about may well fall into the area The planning panel recently handed down its report on upon which she has asked me to adjudicate. I have the Lal Lal wind farm and made recommendations with indicated to her that this process on this occasion regard to secondary consent relating to future changes should proceed, but I will take into account the matters to turbine height. The minister promptly ignored these she has raised with me in going forward and thinking recommendations when granting the planning permit. forward. Residents were not adequately notified about the relevant panel hearing for the Moorabool wind farm, and they have concerns that the same approach may be

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taken by the minister and that the views of the was to be released in April. It is now May, and there is community may be ignored along with the no sign of it. So I ask the minister: when will she recommendations of the planning panel report which is release the report, which will enable a change in policy due to be handed down in the near future. settings so that possums and timber can both be sustainable? My question is: will the minister take into account the very real, serious concerns of local residents about the Southern Metropolitan Region impact these wind farms will have upon their community when he is determining the outcome of the Ms FITZHERBERT (Southern Metropolitan) — planning permit application? My question is to the Minister for Roads and Road Safety. It comes from local residents who are concerned Western Metropolitan Region about the increasing number of large trucks that rat-run through parts of Beaconsfield Parade and Beach Road. Dr CARLING-JENKINS (Western This issue has been a major concern for residents, who Metropolitan) — My constituency question is to the tell me of their disappointment that the member for Minister For Roads and Road Safety, Luke Donnellan, Albert Park has failed to address this issue despite their in the Legislative Assembly, and it is in regard to an raising it with him many times over the past six years. initiative of my constituents calling for the installation of traffic lights at the intersection of Perth Avenue and Mr Finn — Probably because he’s useless. Ballarat Road in Albion. A report by Brimbank City Council of 21 February confirms that Albion residents Ms FITZHERBERT — He may well be useless, have no controlled intersection from which they can Mr Finn, but what they put it down to is his proximity access Ballarat Road to head towards the Melbourne to the Transport Workers Union, both literally and CBD. It endorses the Perth Avenue intersection with figuratively, as the member and the union share a Ballarat Road as the most appropriate location for a building — I am only repeating what a constituent said signal to provide that controlled access. Further, traffic to me. My question to the minister is: when will the signals would also provide a much-needed safe minister release two relevant reports that have been crossing of Ballarat Road for pedestrians. The Albion done on this issue? The first is a VicRoads online action group and the Albion and Ardeer Community survey regarding community attitudes towards the Club are actively campaigning on this issue and seek a existing truck curfew. The second is the truck counts resolution. So my question is simply: when will the that were done on the coastal road from Port Melbourne government facilitate the installation of traffic lights at to Black Rock. That report includes, as I understand it, the intersection of Perth Avenue and Ballarat Road in the number of trucks and the number of breaches of the Albion? existing curfew. My question is again: when will these reports be publicly released? Eastern Victoria Region Western Victoria Region Ms BATH (Eastern Victoria) — My constituency question is for the Minister for Energy, Environment Mr RAMSAY (Western Victoria) — My question and Climate Change. To assess the effectiveness of is to the Minister for Planning, the Honourable Richard possum protection mechanisms while maintaining a Wynne. It is in relation to an application by MCG sustainable timber industry, the Leadbeater’s Possum Quarries for an extractive licence for a proposed quarry Advisory Group’s 2014 recommendation clearly states in Mooleric Road, Birregurra. This is a very that the state government should initiate a review of the contentious planning application given that landholders timber harvest exclusion zones once 200 new colonies are concerned about the impact on the water table in are identified. The trigger of 200 was reached almost relation to the depth of this proposed quarry and the two years ago, and today there are over 600 confirmed extraction of rock for road material and for the concrete colonies. pads of the Mount Gellibrand wind farm. The application went through a planning panel last The release of this report will assist in providing the December. It has since been sitting on the minister’s vital information needed to support the future of the desk for his approval, or not, and my question is: when Australian Sustainable Hardwoods — ASH — timber will the minister make a decision in relation to that mill in Heyfield, which has been offered a significantly application by MCG Quarries, because the landholders reduced timber supply, and therefore hundreds of jobs are very concerned that there is an ongoing delay in are at risk. The overdue report, which will show an relation to the minister making a decision on a very increase in the abundance of the Leadbeater’s possum, contentious application, which is going to affect, they

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believe, their ability to farm without the water table associations from reporting requirements. Some of being contaminated? these issues have been raised with me in constituent correspondence about those reporting requirements for Southern Metropolitan Region various associations that have limited activities and perhaps limited capacity. The bill also enables the Mr DAVIS (Southern Metropolitan) — My registrar of incorporated associations to enter into question is to the attention of the Minister for Planning. information-sharing arrangements and aligns provisions It relates to his decision to declare planning scheme concerning investigations in that act with relevant amendment VC110, which changed the neighbourhood provisions in the Australian Consumer Law and Fair residential zones (NRZ) and the general residential Trading Act 2012. zones (GRZ) across our city. In particular I am aware of the interest in the property sector and academics The bill creates a new offence in the Conveyancers Act analysing the impact of these changes. Ed Farquharson 2006 to insert an offence of failing to comply with the from Moda Group has said that properties over requirement of the director or an inspector without 1000 square metres will be a significant target for reasonable excuse. The bill amends the Motor Car developers, who will seek to put in more units. The Traders Act 1986 to enable a motor car trader to NRZ changes basically strip away two-dwelling dispose of the motor car for the sheriff of Victoria protection. Bayside, Boroondara, Glen Eira, Monash, subject to a security interest. The bill amends the Sale Kingston, Port Phillip, Melbourne and Whitehorse of Land Act to clarify that a person wishing to exercise councils are within my area. I would seek specifically their right to withdraw from a contract to purchase land from the minister information on how many properties may serve the termination notice on the estate agent over 1000 square metres are in neighbourhood engaged by the vendor to sell the land. That would residential zones in those areas or indeed in general appear to be a relatively appropriate amendment. The residential zones in those areas, which will see bill amends the Second-Hand Dealers and Pawnbrokers three-storey developments in GRZs across our suburbs. Act 1989 to enable the registrar of second-hand dealers and pawnbrokers to waive, refund or reduce fees, thus CONSUMER ACTS AMENDMENT BILL providing the registrar with some flexibility in relation 2016 to those matters.

Second reading The bill also amends the Veterans Act 2005 to clarify that the director of Consumer Affairs Victoria can Debate resumed from 23 February; motion of consent to the amendment of an existing trust deed or Ms TIERNEY (Minister for Training and Skills). the adoption of a new trust deed provided the purposes of the amendment or adopted trust deed are consistent Mr O’DONOHUE (Eastern Victoria) — I am with the purposes of a patriotic fund set out in pleased to speak on behalf of the opposition in relation section 23 of the Veterans Act and expands the class of to the Consumer Acts Amendment Bill 2016. This is a persons who can benefit from patriotic funds. relatively uncontentious bill. It is an omnibus bill that seeks to make various amendments to a range of This is an ominous bill that does some tidying up of the consumer-related acts. These amendments, I think, house processes and reviews from time to time. The would be best described as a tidy-up of various sections administrative arrangements in relation to these types of of those acts, including the Associations Incorporation bills can vary as technology changes and as the Reform Act 2012, the Conveyancers Act 2006, the application of rules needs to be provided with greater Motor Car Traders Act 1986 and the Sale of Land Act flexibility and the like, and that is what this bill seeks to 1962. Indeed the explanatory memorandum in the bill do. says: I do not propose to speak for long on this bill, save to The object of this bill is to amend a number of consumer acts say that the opposition does not oppose its passage and to make miscellaneous amendments to improve their operation. to note, as we amend the Veterans Act today with the passage of this bill, that we recently recognised Anzac That is an accurate summary of what this bill seeks to Day. I had the great pleasure of being at the Koo Wee do. As I said, the bill is largely uncontentious. The bill Rup Anzac Day dawn service, where the president of amends the Associations Incorporation Reform Act the Koo Wee Rup RSL told the enormous audience that 2012 to enable the minister responsible for that act’s was there in the rain, together with many of our friends interpretation to make an order exempting either one from New Zealand who were there and representatives incorporated association or a class of incorporated from HMAS Cerberus, which is not too far away from

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Koo Wee Rup, that in the First World War, regrettably, prepared to deal with the consequences of those 40 men from Koo Wee Rup lost their lives and in the decisions. Second World War 50 local men lost their lives. That was an enormous sacrifice from what is still a relatively We have no issues with the other amendments small farming community. At that time it was a very contained in this bill. On that note I would like to small farming community, and a significant proportion reiterate our support for the bill. of the young men from that community lost their lives in the First World War and then later even more lost Mr SOMYUREK (South Eastern Metropolitan) — I rise to speak in support of the Consumer Acts their lives in the Second World War. Amendment Bill 2016. This bill, as previous speakers It was a privilege to participate in Anzac Day have said, will amend a number of acts within the commemorations at Koo Wee Rup and at other consumer affairs portfolio to improve their operation, locations, but as we amend the Veterans Act let us clarify their requirements and update outdated acknowledge here today those who made that sacrifice references. for us as we participate in our democracy and acknowledge just how lucky we are to live in a state The bill will amend the Associations Incorporation that has such freedoms and such a democratic tradition. Reform Act 2012, the Conveyancers Act 2006, the With those few words, I indicate the opposition will not Motor Car Traders Act 1986, the Sale of Land Act 1962, the Second-Hand Dealers and Pawnbrokers Act oppose the bill. 1989 and the Veterans Act 2005. Some of these Ms SPRINGLE (South Eastern Metropolitan) — I amendments have been requested by the relevant can confirm that the Greens will be supporting the bill. sectors to address unnecessary regulatory burden, legal As we have heard, this bill makes amendments to a complexity that requires clarification, greater powers number of bills aimed at ensuring greater clarity and and enhanced protection. All measures are welcomed consistency and ensuring that our laws keep pace with by the relevant sectors and industry. I will address some contemporary working practices. of these amendments and how they will benefit the relevant sector. We support the proposed amendment to the Associations Incorporation Reform Act 2012. The Associations Incorporation Reform Act 2012 Requiring non-government organisations to comply regulates the 38 000 Victorian incorporated with multiple, duplicate reporting duties is neither associations which are clubs or community groups sensible nor reasonable. This amendment will enable operating not-for-profit organisations. Consumer the minister to waive duplicate reporting requirements, Affairs Victoria (CAV) ensures the compliance of and the effect should be to enable non-government incorporated associations through this act by in part organisations to dedicate more time to their core monitoring the lodgement of annual statements to business. ensure that financial reporting requirements are met.

In relation to the amendments aimed at broadening the The Associations Incorporation Reform Act 2012 will definition of records which can be obtained as part of be amended to authorise the minister to exempt an an investigation, this is obviously a much-needed incorporated association or a class of associations from change in line with changing business practices. Any annual financial reporting requirements under that act failure to keep pace with technological developments in where they are also registered with and reporting to the workplace and their potential impact on the another regulator, and it will enable the registrar of accountability of organisations is clearly problematic, incorporated associations to enter into and this amendment will deal with an aspect of that information-sharing arrangements with other regulators. problem. These amendments will assist incorporated associations We support proposed changes to the Veterans Act 2005 to reduce some of the regulatory burden they face in the that broaden the definition of allowable expenditure. As operation of their not-for-profit organisations that exist we know, veterans often face a range of complex and to contribute to the betterment of their community. The debilitating challenges in reintegrating into normal life, burden of regulation is one of the greatest issues for and the range of areas on which veteran support community organisations, whether they are the local organisations are able to work should reflect that. footy, netball or soccer clubs or community centre or Federal governments take decisions to put members of senior citizens organisations. These organisations are our armed forces in danger, and we as a society must be established to serve a purpose — that is, the purpose of contributing to their community by way of service or

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participation provision, but often they feel that this Another act requiring minor revisions is the Veterans main function takes a back seat to the onerous reporting Act 2005, which deals specifically with patriotic funds. obligations. Patriotic funds are a type of trust fund created after the First World War, when Victorian communities raised Consumer Affairs Victoria requires incorporated money to assist soldiers and their families. They associations to report annually, and its reporting provide welfare services and club facilities for returned requirements vary depending on the revenue generated service personnel and their dependants. Patriotic funds and what tier organisation it is. In any event are established if an organisation collects funds, not-for-profit organisations, depending on their status receives subscriptions or requests donations for any and functions, can be required to report to CAV, the purpose related to any military service or duty. There Australian Charities and Not-for-profits Commission, are approximately 600 patriotic funds in Victoria various departments within the education department if administered by legally appointed trustees. I will just they deliver training programs and other funding mention a couple of these. They include the Returned bodies, and most require audited financials. These Services League, or RSL, branches of Legacy and the amendments will assist in easing the burden for some Vietnam Veterans Association of Australia, Victorian not-for-profits, and that has certainly been welcomed branch. There are number of others, which I will not go by the not-for-profit sector. Importantly also the into due to time constraints. The act ensures that there amendments will provide for updated enforcement and are reporting obligations in order to detect and prevent inspection powers in the case of alleged contravention maladministration. These amendments were requested of the Associations Incorporation Reform Act 2012. by the RSL, and their implementation will ensure greater fairness in the provision of assistance from the Another welcome and very interesting amendment is patriotic funds to current and former personnel and their the amendment to the Sale of Land Act 1962 to clarify families in times of need. that a cooling-off notice under section 31(2) of that act can be validly given to the vendor, the vendor’s agent There are several other amendments to the act that I or the vendor’s estate agent. I will explain why this has mentioned at the outset of my speech, but I will not go been amended. into all of those amendments. Needless to say, they were welcomed by the various industry groups and by In the recent case of Tan v. Russell [2016] VSC 93, the various sectors and the stakeholders within those after signing a contract of sale to purchase Russell’s sectors. home, three days later and within the cooling-off period Tan did what he thought was the right thing — that is, In concluding, I wish to congratulate the Minister for he notified via email Russell’s real estate agent that he Consumer Affairs for bringing these necessary wished to end the contract, thus exercising what he amendments to the Parliament and for her proactive thought were his cooling-off rights. The vendor, approach in implementing solutions and creating good Russell, denied the validity of the contract termination, public policy. and the court determined that the email was invalid because the real estate agent was not an agent of the I commend the bill to the house. vendor with the necessary authority to receive the notice of termination. I certainly would have thought Motion agreed to. that the real estate agent would have been an ‘agent’ of the vendor, but apparently that was not the case, and Read second time; by leave, proceeded to third that is why we are putting forward this amendment. The reading. purchasers presumed the real estate agent had authority Third reading to receive such notification. According to the court, although it is: Motion agreed to.

… a common occurrence in commercial life for parties to Read third time. assume that a real estate agent is an agent for the vendor of a property for all purposes … this is not necessarily the case. The Court of Appeal subsequently overturned the previous finding, but this situation highlighted the need for further clarification that a cooling-off notice is valid if provided to the vendor, the vendor’s agent or the vendor’s real estate agent.

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STATUTE LAW REPEALS BILL 2014 Ms HARTLAND (Western Metropolitan) — The Greens support this bill. We think it should go forward Second reading straightaway.

Debate resumed from 12 February 2015; motion of Mr ELASMAR (Northern Metropolitan) — I rise to Mr JENNINGS (Special Minister of State). speak to the bill before the house, the Statute Law Repeals Bill 2014. This is purely a housekeeping bill Mr RICH-PHILLIPS (South Eastern which seeks to make minor amendments to 68 current Metropolitan) — I am pleased to rise briefly to speak to acts. Over time multiple small errors and typos have the Statute Law Repeals Bill 2014 this afternoon, which been identified. They must be amended in order for the is a bill of four clauses and one single operative clause, legislation to make sense and be relevant to legal which is to repeal the Appropriation (2010/2011) Act practitioners and the public who are governed by them. 2010, the Appropriation (Parliament 2010/2011) Act Some divisions and offices have been abolished, and 2010, the Appropriation (2011/2012) Act 2011 and the this requires rectification — the removal of references Appropriation (Parliament 2011/2012) Act 2011. This to them from present-day legislation. The bill also is a simple bill that does not require any debate. These repeals principal acts which have no ongoing operation. bills are spent bills, and it is appropriate that the statute book be cleaned up and they be repealed. I note the comments from the other side in relation to taking greater care in the drafting of legal phraseology, It is ironic that the government has brought on this bill but I have to say that times change and acts sometimes to repeal these previous appropriation bills today, the become obsolete and, dare I say, interpretations change day on which it has brought down its latest budget — a too. I believe that our parliamentary legal counsellors budget which, contrary to the promises made by the have been scrupulous and attentive in their duty of care Premier, imposes some six new taxes on Victorians. in drafting legislation for this Parliament. We saw the Premier looking into the camera on Channel 7, two days before the election in 2014, This statutory repeal bill is part of a normal and promising no new taxes. He said: longstanding process of ensuring that Victoria’s statute book remains current and relevant. No substantive I make that promise … to every single Victorian. changes will be made to any existing legislation, and as Of course in every budget this government has brought I have said, this is simply a housekeeping bill. I down we have seen a raft of new taxes and tax commend it to the house. measures introduced. In fact in this year’s 2017–18 budget tax revenue is some $4 billion higher than was Motion agreed to. forecast in the pre-election budget update back in Read second time; by leave, proceeded to third November 2014 — around $2000 extra for every reading. Victorian family under the budget of this government. What we are not seeing in return is the services and Third reading infrastructure that Victorians need. Motion agreed to. This budget once again has failed to fire with Victorians. It has been remarkable to watch the Read third time. commentary today about the lack of substance that this budget has. If you get beyond the tax increases, there is SMALL BUSINESS COMMISSION BILL actually very little there for Victorian families. But we 2016 have come to expect that from this government. That was the case with the earlier budgets, and as we Second reading properly assess this budget over the coming weeks and as this house has the opportunity to debate this budget Debate resumed from 24 November 2016; motion of properly, we will see that in detail. Ms MIKAKOS (Minister for Families and Children). This budget simply repeals the appropriation bills of 2010–11 and 2011–12. It does nothing more than that, Mr ONDARCHIE (Northern Metropolitan) — I and I imagine it will have speedy passage through the rise to speak on the Small Business Commission Bill house. 2016, noting that it is in fact only now, in 2017, that we are starting to address this bill. The purpose of this bill is to repeal the Small Business Commissioner Act 2003

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and to re-enact the law in relation to the Small Business Commission, which is to be constituted by the Commission with amendments to establish the Small commissioner. The bill will provide for new functions Business Commission so as to enhance a competitive and powers for the commission. The commission may and fair operating environment for small business in request information to perform its functions. The Victoria and for other purposes. obligations of public entities and public service bodies will be enshrined by this legislation. The commission The bill also introduces new amendments in relation to must seek consent before it discloses confidential the Small Business Commission’s functions and information. The commission may refuse to deal with powers which will enable the commission to do a certain complaints. The commission’s alternative number of things. It will enable the commission to dispute resolution function will be enshrined in this resolve a broader range of disputes between businesses legislation, as will its investigatory function. The bill and particular types of organisations, including grants the commission the power to issue certificates professional organisations, educational institutions and and gives it the capacity to offer opinions and advice. certain special bodies within government; the The bill talks about staff, it talks about delegation, it commission will provide comment on legislation that talks about reporting and interestingly enough it also may adversely affect small businesses, provided it is talks about ministerial direction. undertaken in consultation with the secretary and requested by the minister; and the commission will The bill talks about the appointment of the small work collaboratively with equivalent small business business commissioner and the terms and conditions of commissioners in other jurisdictions. that appointment. It talks about an acting commissioner. It talks about the function and powers of the Interestingly enough this government came to power commissioner, the validity of acts and decisions, and promising to support small business, but a total of the opportunity for alternative dispute resolution 886 days have passed and we are only now seeing functions. anything associated with support for small business. This is the first time they have done anything to support It also amends other acts as well, this comprehensive small business in this state, and it has taken them bill that has made small business say, ‘Is that it?’. It 886 days to do so. But wait, there is more! This bill was amends the Transport (Compliance and Miscellaneous) first introduced in the Legislative Assembly 5 months Act 1983. It changes the definition of small business and 25 days ago — 176 days ago this bill was first commissioner and talks about unresolved disputes that introduced in the Assembly, and it has finally arrived may be referred to the small business commissioner or here. It was introduced on 8 November 2016, and here to the tribunal. It talks about the function of the small we are on Tuesday, 2 May 2017. So important is small business commissioner under the Transport business to this government that it has taken them (Compliance and Miscellaneous) Act 1983. It talks 176 days to get this legislation from one house to the about mediation or other alternative dispute resolutions other. It is clearly not a priority for them. by the small business commissioner, and it also talks about, under the Transport (Compliance and But it is a priority for the state opposition. It is a priority Miscellaneous) Act 1983, the small business for the Matthew Guy coalition to support the lifeblood commissioner’s capacity to issue certificates. of the Victorian economy that is small business, so we have done something the government has not done: we It makes amendments to the Victorian Civil and went out and consulted with small business. We went Administrative Tribunal Act 1998, specifically in and spoke to industry associations and to small relation to intervention. It also makes amendments to businesses to see what they thought about this bill, and the Liquor Control Reform Act 1998, and it talks about I have to say they were underwhelmed. They did say, packaged liquor licences. It also makes an amendment ‘It has taken 886 days’ — they are my words, not to the specification of certain licences as small business theirs — ‘and this is it? This is the sum total of the bill licences. after all that time?’. Government and, to be fair, several ministers have offered to support small business. They Additionally, there are amendments to the Retail Leases have finally brought a bill to the upper house to be Act 2003 in regard to definition, making sure that there supported, and this is the extent of it. is a copy of the lease to be provided at the negotiation stage. It talks about a minimum five-year term. It talks We spoke to over 127 Victorian industry associations. about alterations to premises to enable a new fit-out or Not all of them responded, I have to say, but we will alterations. It talks about an agreement, about rent talk about that a little bit later. The main provision of based on turnover, and it generally talks about rent this bill is the establishment of the Small Business reviews as well. The amendments to the Retail Leases

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Act 2003 as part of this bill talk about rent reviews transitional provisions relating to the establishment of based on current market rent, the confidentiality of the Small Business Commission. information supplied to a valuer, the relocation of the tenant’s business and the confidentiality of turnover Whilst that sounds a lot, the feedback from the information, and in the amendments to the Retail marketplace of small business is: all of that means what Leases Act 2003 there is a new heading to division 2 of to us? In fact they ask that question legitimately, part 10 that has been substituted. because some of the feedback that we have got — that the state coalition has got from industry, from small The bill goes on to talk about the functions of the small business and from their associations — is that they business commissioner. It does refer the opportunity for received little if any consultation and the bill was the referral of tenancy disputes for alternative dispute finalised at a time when there was no definitive head of resolution, and it also says that retail tenancy disputes the organisation. In fact there was an acting small must first be referred for alternative dispute resolution business commissioner at the time. before other things. They are the amendments to the Retail Leases Act 2003 that come through as part of There were some concerns in light of the fact that the this legislation. minister’s office and the department have both confirmed that there is no intention to increase funding There are amendments to the Owner Drivers and of the commission, and we will talk about today’s state Forestry Contractors Act 2005 buried in this Small budget in relation to small business certainly today as Business Commission Bill 2016. It talks about the well as at other times. There are concerns about the purpose of that act, the definitions, the notice of capacity of the commission to actually handle the termination and the referral of disputes for alternative increased workload that has been foreshadowed by this dispute resolution. It also stipulates in the amendments bill. In the absence of that funding, the proposed to the Owner Drivers and Forestry Contractors Act changes may mean that the Small Business 2005 that disputes must be referred for alternative Commission will become more of an advisory service, dispute resolution before proceeding to the tribunal. In and it may have to turn away people who are involved part 6 of that act it is proposed that the heading be in disputes. Formalising that role of the Small Business amended, and it also talks about the functions of the Commission to an advisory service to the government small business commissioner under that act. in relation to small business will put an additional strain on the very limited resources of the Small Business But, wait — there is more! Under the Small Business Commission, and depending on the demands put on it Commission Bill 2016 there are amendments to the by this government it could in fact render it less able to Farm Debt Mediation Act 2011, which also include achieve its original purpose. There have been some changes to the definition of mediator. They include a concerns expressed that the change from commissioner clause that states farmers may be able to request to commission will have an impact on budgeting and mediation. It also says that a creditor may agree or the political framework, and the impartiality of the refuse mediation. There is a reference to referral of office may also be negatively affected. mediation by the department. In addition to that there is an application by a farmer available for the issue of In today’s budget there certainly has been no indication prohibition certificates. It refers to the actual issue of by the minister or the department that there are any prohibition certificates, and there is an opportunity plans to increase the budget. If there are no plans to under this amendment to the Farm Debt Mediation Act increase the budget, and in fact we have not seen that 2011 for an application by a creditor for the issue of an today, we just wonder if these changes to the Small exemption certificate. The issue of an exemption Business Commission will in fact mean the certificate is referred to under this amendment, and the organisation will have the capacity to do what it was part 3 heading has been amended accordingly. originally intended to do. If you do not allow an increase in resources to the Small Business There is a new heading to division 1 of part 3 that has Commission, how can you expect to add an additional been substituted, which talks about, as you would workload and get the results that small business needs? expect, the functions of the small business commissioner, the functions of mediators, the referral This is a snow job. It is 886 days since they came to of farm debt disputes for mediation, the conduct of office; they lever this bill into this house, and it means mediation, the mediation session fee — the cost — to nothing. It does not have the financial backup, it does do this, the costs of mediation and the manner in which not have the strength of conviction by the minister, and notices are issued. There is a repeal of the Small small business rightly are saying, ‘Is this it?’. Business Commissioner Act 2003, and there are some

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Indeed if you make changes like this without that they care about small business, then they would see appropriate consultation and without any plans to that there is nothing in this bill that actually works for achieve the outcomes as intended, it sounds to me more small business. If there was something that could like a plan to destroy small business’s capacity to actually help small business — our largest employer, operate effectively than anything else. If this change our biggest risk-takers in this state when it comes to was genuine and if they were serious about helping jobs — then I would wholeheartedly support this bill, small business and about increasing the responsibility but I cannot because, as a man who has run small of the Small Business Commission, then where is the business and been involved in growing small business, money? It is not in today’s budget. In fact there has the industry feedback that I and the state coalition have been no significant increase for the Small Business had has confirmed our view that the bill does nothing Commission, so you would excuse small business if for small business. It will do a number of things that they stood by today and said, ‘This is just lip-service will make the small business commissioner very from this government. All talk and no action’. busy — there is no doubt about that.

There has been a suggestion that changes are just a way We are not going to oppose this bill, but this was really for the government to suggest they are actually doing a missed opportunity — an opportunity that has been something, but with no money and no industry lost to all Victorians and indeed this Parliament to do consultation one can only suspect that the motivation something real for small business and to actually get for this is just smoke and mirrors so the government behind the lifeblood of the Victorian economy and say, can be seen to be doing something for small business. ‘We’re going to support you. We’re going to give you But what the government fails to understand is that our some meaningful changes in the act that will help you wonderful men and women that run small businesses to grow, help you to take risks and help you to employ across this state are not foolish — they can see a sham a people’ — but there is nothing in this. mile away — and have been conned. This government came to power on a platform of supporting small The bill does make some amendments that will business, and 886 days on they have done nothing to arguably address a range of disputes involving many help small business. All they have done is introduce this organisations. It is going to allow the commission to legislation that changes it from commissioner to make comment on legislation that might affect small commission, and they are calling that a change. business — if it is to undertake it in consultation with the department secretary, of course, and also if Clause 10 of the bill provides that the commission may consultation is asked for by the minister. Can you ever charge fees; however, it does not talk about what fees imagine this minister asking someone for advice? The are to be charged. I wonder if that then limits the other aspect that is also included in the legislation — it commissioner’s capacity to run their office. One of the could be called added to it — is the commission’s additional challenges that I think exists in this current capacity to work collaboratively with small business space is the staff selection for and oversight of the commissions in other jurisdictions. That gives the small commission’s office. The staff are employed by the business commissioner, now commission, a really department under the Public Administration Act 2004 important role to share with other commissions across or seconded from the department rather than being Australia what they are doing — learn from them, grow employed, so they are paid and managed by people with them and find opportunities to support small other than the commissioner. I wonder how that gives business. But I have to say that you would forgive me if the commissioner capacity to run their office. As a I was a bit dubious about this. This minister has not got result of that, they are not really the commissioner’s a great track record of working collaboratively with staff; they are really the department’s staff, one suspects other states. under ministerial direction. That really goes to the issue of independence. A member of staff ultimately works We all recall him famously standing on the steps of the for whoever is paying their wages. Follow the money, Sydney town hall telling all Victorians, and indeed the and the money leads to the department and then to the New South Wales government, that he was about to minister’s office. steal a major conference from them and bring it to Victoria. It never arrived. Despite the offer of There is going to be little positive effect on small $1 million on the table, it never arrived. StartCon was business out of this. I just wonder if those who spent lauded by this minister on the steps of the Sydney town time signing off on this bit of legislation ever stopped to hall. He said it was coming to Melbourne when in fact ask themselves the question, ‘What are we actually it was held at Randwick — the unknown Melbourne doing here for small business?’. One would suspect that suburb of Randwick — because this minister rarely if they really had allocated time to follow up the talk takes advice. He forms his own opinion and tells us he

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is supporting business and opportunity, yet we do not These are small business people who put their lives on see it. the line, their mortgages on the line, their families on the line and they work and work — — The Victorian small business commissioner has been helping businesses in Victoria resolve disputes for Mr Dalidakis — You’re talking a lot for apparently 14 years, since 2003. They have been the place to go a bill that doesn’t do very much. for assistance and guidance on business disputes. Apart from the specific legislative functions they have, they Mr ONDARCHIE — Interestingly enough, I will have also been able to provide to business confidential, pick up the minister’s interjection there. He said that I low-cost, quick and effective mediation of small am talking about a bill that does not do very much, and business disputes under the guidance of an independent I have got to say that he is absolutely right there. This is mediator. The Office of the Victorian Small Business a bill that does not do a lot, and this minister, who Commissioner was a statutory office that was purports to support small business in this state — as the established by the Victorian government under then government call him, ‘the greatest self-promoter they Minister Marsha Thomson in 2003. It was designed to have ever met’ — stands here and interjects and says, enhance a competitive and fair operating environment ‘You are talking about a bill that does not do very for small and medium businesses in Victoria. much’. He is absolutely right, because it is not just me who says it; the industry are saying it. The industry are The current small business commissioner is Judy saying, ‘Is this all it does?’. They were looking forward O’Connell. The staff at the Victorian small business to some real benefits from this bill, but they did not get commissioner have been dedicated to promoting a them because this is another example of the spin, spin, competitive and fair operating environment for small spin from this government. and medium businesses and provide a range of assistance. They have promoted informed This is a minister who stands up and says, ‘I support decision-making. They have mediated small business as the small business minister’, but does business-to-business, business-to-government, retail absolutely nothing for it. I have to say to the minister, tenancy, owner-driver and forestry contractors, and and I guess he will get his chance to respond to me in farm debt disputes. Since 30 June 2014 the Victorian the committee stage of this debate, that he needs to small business commissioner has also been responsible answer the first fundamental question, and that is: why for resolving certain disputes between taxidrivers and has it taken him 886 days to do something for small operators which cannot be resolved by the Taxi business in this state? If it was so important to him, if Services Commission. They have gone about he was so earnest about this, if he was so enthusiastic investigating complaints about unfair market practices, and supportive of small business, why did this bill get and they have worked hard at minimising disputes introduced into the lower house on 8 November 2016 between small and large businesses. The capacity of the and only arrive here today? Victorian small business commissioner is not in dispute The reason is that it is not a priority. They like to talk, today. but they hate to do the walk, and Victorian small There are five main areas that the commission has been businesses and families — who mortgage their homes, able to help small businesses with, including general pay the staff before they pay themselves, worry about business issues such as business-to-business disputes, the rising energy costs for their business, worry about disputes between small businesses and governments the cost of supply and transport to their business — are and disputes around franchising. They have been able the ones who sleep less at night. This minister goes to to mediate and work to resolve challenges and disputes bed and says, ‘Well, I have done something for small between retail tenants and their landlords. They have business’. Well, no, he has not. This bill does zero for been able to work effectively and in a positive manner small business. One piece of feedback that we got was to help mediate to try to find a resolution with that the only effect of this bill will be that the owner-drivers and forestry contractors. They have also commission will have to now redo all its letterheads, worked hard, I have to say, with farmers and farm redo its signage and redo its communications, because creditors, as I outlined before, and with taxidrivers and it is taking two letters away from its name, going from operators as well. ‘commissioner’ back to ‘commission’. Minister, if that is your value-add to Victorian small businesses, you When we have gone through these elements of the bill, should be ashamed of yourself. we have taken the opportunity, unlike the government, to talk to the industry about what this does, and the There are some exceptions that have been identified feedback we have had says, ‘Is that all the bill does?’. where the commission will not be able to act, and that

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includes where there is a dispute with VCAT, the you have the secretary and the department holding the Victorian Auditor-General’s Office (VAGO) or similar purse strings I wonder if it makes it impossible for true organisations like that. What this bill does do is ignore independence to be achieved. the fact that these organisations enter into commercial contracts with a range of providers, including cleaners, But we have seen that in today’s budget. As Tom security staff, caterers, couriers — you name them — Cruise said in that movie, show us the money. The and the like. I do think, and the coalition certainly money has not come forward for the Small Business thinks, that it shows complete ignorance on the part of Commission, and this is an embarrassment for the the minister to introduce a bill that alienates those minister. I am tipping he is not happy with the state service providers, those small business people, from budget. I am tipping he did not get the things he negotiation with organisations like VCAT and the wanted. In fact I suspect there are things in the state Auditor-General’s office. But I have to say — — budget he did not want, and I do not know how he is going to stand up and defend this as a state budget. He Mr Dalidakis — You’re clearly an idiot. If you may use words like ‘a true, fair and responsible budget’ don’t understand why VAGO’s not included, you are by way of camouflaging what he is really feeling. But, clearly an idiot. Minister, I have looked at the budget — and I know you have — and you should be severely disappointed in The ACTING PRESIDENT (Mr Ramsay) — what your colleagues have done to you and for business Order! Mr Dalidakis, that is unparliamentary. I ask you in this state. to withdraw the remark, please? Staff employed in the organisation of the Small Mr Dalidakis — Withdrawn. Business Commission are really employed by the department under the Public Administration Act 2004. Mr ONDARCHIE — You will note, Acting The commissioner is required to request additional staff President, I have not called him an idiot, because if I or extra funding through the department, and the did, you would ask me to withdraw it, and I could not department is clearly at the direction or the behest of withdraw it because I would mislead the house, so I the minister. So it does put into question if the have not called him an idiot. commission and the commissioner will be truly The feedback that we have received on this bill, as I independent. It is something the government could have have said, is basically that it does very little. A piece of addressed more comprehensively in this bill, but they feedback that we did get indicated that this really is have not. It seems that the commissioner will need to Labor’s emergency room. It is another quick move to go, Oliver-like, to the minister and say, ‘Please, sir, can demonstrate they are doing something for small I have some more?’, because the minister will control business, but all they have done here is remove two what happens. For example, when there is a need to letters from the sign out the front of the commission’s employ a new commissioner, is it really the minister office — and the minister thinks he has done it all for that directly or indirectly appoints the commissioner? Is small business. In reality, changing the word from it really the minister that makes sure that he gets the ‘commissioner’ to ‘commission’ does nothing for the person he wants in there so they will give him less hardworking small business people of Victoria. This is grief? really the creation, perhaps, of another Dalidakis ideas I should take a moment to congratulate Judy O’Connell room. The minister is not capable of doing his job, so on her role as the new commissioner. Certainly the he needs to form a process where someone can tell him Matthew Guy coalition wishes Ms O’Connell well. We what to do. will of course work very closely with her and her team One of the really important aspects of this bill, and of to make sure that she is able to do the job as well as course one of the most important aspects of this whole possible according to the legislation that she has been process, is the importance of the independence of the given to work with. When it comes to deciding, though, Small Business Commission. This body has to be in the end a short list of people for that position is independent; it has to not only look independent but it created and then the minister gets to decide who is must be independent. If we look at the functioning of appointed. Of course, as I was alluding to, the minister the organisation that is proposed with this bit of could appoint somebody that they believe they could legislation — the way it is structured, the way it is completely control — someone who is less likely to going to be funded, the directions that are going to be give them any trouble or hassles. We say that because given to it — I am not really sure it is independent in we see the way this government have made any way or by any stretch of the imagination. When appointments already. The end result of the way this legislation is laid out is it may not be — and I am not

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casting any aspersions on Ms O’Connell — that the By way of comparison, let us look at VCAT. You will best person for the job will get the job; it may be the see that it operates in a similar way, with an increasing best person who will give the minister no grief or in fact number of lawyers being present and not getting its job will just do what the minister wants them to do. The done as well as it might have been hoped. But they are opportunity they could have taken through this bill has churning them through at VCAT, and I do not want the been missed. Small Business Commission to turn into that sort of forum — just an advisory service to the minister. But Another concern about this bill is that there was doing that, added to their very important role of virtually no consultation. The feedback from industry mediation and dispute resolution as I have touched on far and wide is that they had not been contacted by already in my contribution today, does in fact pose a anybody in relation to this bill before the shadow real risk that the original intention of the Small minister for small and medium enterprises, Neale Business Commission will be lost. Burgess, talked to them. It does smack of a situation, I guess, where the government tried to shuffle this one in When you read through this legislation — and we will under the radar. It was brought in with no consultation get a chance to examine it more in the committee stage and at a time when there was in fact no formal of debate — it seems more like a plan to disempower commissioner. The minister and this government are the organisation than to empower it. We would have building a reputation for always being up to something hoped, and I suspect small business would have hoped, shady. Whether it be members living outside their that that was not the way the government was going to electorates and claiming rorts, whether it be using staff go. What it should be doing is giving the organisation to campaign for them, whether it be transporting dogs more power to operate and giving it effective in ministerial vehicles or whether it be disenfranchising resourcing — financial and human — to be able to do over 60 000 Country Fire Authority volunteers in this what it needs to do, but in fact that is not what it says state, who give their heart and soul for their here. communities, this government are always up to something shady. The government have not done The state budget today is a bit of a statement about that. themselves any favours by not consulting on this at a The state budget, in not allocating more funds to the time when there was no commissioner in place. So it Small Business Commission, says, ‘You’ll have to do seems that 886 days on from this government coming more with less’. I just wonder if that was really the to office this bill has arrived in this place with little if intent when it was originally set up in 2003. But this any scrutiny at all. really does provide another example of the form of this Labor government: ‘Put in place legislation so that The bill also adds a number of duties and obligations to people working in there will do exactly what we tell the role of small business commissioner and their them to do — nothing more, nothing less. And if they office, but with no extra funding. The feedback we are get in the way, we’ll get rid of them’. We have seen that getting widely is that the commission is already in a with the Country Fire Authority board, we have seen situation where they are full to the brim; they have got that with the Metropolitan Fire Brigade and we have enough workload to fully satisfy the hours available. So seen that with other aspects of government operation: what I am hearing, and what we are hearing as a ‘Do it our way or we’ll get rid of you’. coalition, is, ‘Minister, you’ve dumped all this extra workload onto us, including telling you what you need It is hardly a starting line for an independent to do, but you’ve given us no funding, you’ve given us organisation, as the Small Business Commission should no extra people and we’ve got to just wear it’. Even, I be. It is understandable that small business and industry suspect, they know that you are not walking the talk. are already sceptical about this government’s There is not enough money for them to do their jobs, intentions. Small business is the backbone of our and there is nothing coming in the budget today. That economy. There are over 540 000 small businesses in then leads us to the conclusion that this Small Business Victoria, and 97 per cent of them employ less than Commission may in fact just be the minister’s advisory 20 people. service. Waiting times could well be extended, and there could be a focus on results rather than fair and Mr Dalidakis — Can you at least get your stats equitable dispute resolution. That is a worry that we as right? It is 556 000 and 97.5 per cent. Don’t be a a coalition that is supporting small business have. The doofus. Get it right. If you are going to attack, get the minister may be more interested in churning disputes stats right. through than ensuring that fair, responsible and Mr ONDARCHIE — You will pardon me, Acting equitable dispute resolution occurs. President, while the greatest self-promoter in the

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Victorian government seeks to interject. He will get his of this bit of legislation that fundamentally does nothing turn. for them.

Mr Dalidakis — Just get the stats right. I should take the time to pay tribute to the former commissioner, Geoff Browne, who I and many others Mr ONDARCHIE — While he is interjecting about thought was a fantastic commissioner. He worked getting things right, let us pick that up. incredibly hard. A fantastic person, he held strong beliefs about supporting business not only in Mr Dalidakis — Don’t look like an ignoramus. metropolitan Melbourne but across our regions as well, Mr ONDARCHIE — Let us pick that up. Let us with things like the small business bus, the Small pick up the minister’s interjection about wanting to get Business Festival Victoria and getting the bus out to things right. regional Victoria to help small businesses with an advisory service, a supportive service and a mentoring Mr Dalidakis interjected. service. Geoff led that stuff, and it is important that he be recognised for that. What is interesting here is that The ACTING PRESIDENT (Mr Ramsay) — the government have not been out flogging media Order! Mr Dalidakis, that is enough. I was going to releases and smashing this around the place, talking compliment you on your restraint during about the great things they are doing for small business, Mr Ondarchie’s contribution, but sadly I will not be because this bill does not do anything for them. able to do that now. Clause 3 of the bill refers to some of the disputes where Mr Dalidakis — My apologies, Acting President. the Small Business Commission can intervene. That could mean between a small business and another The ACTING PRESIDENT (Mr Ramsay) — business, a public entity, a public service body, a local Order! Mr Ondarchie, to continue. municipality, a not-for-profit organisation, a school, a registered training organisation, a TAFE or even a — Thank you, Acting President. Mr ONDARCHIE university. You have to commend the commission for I do forgive the imbecilic rants coming across the the work it has done with very limited resources. They chamber. Almost half of the non-public roles in this are achieving something like a 96 per cent settlement state come from small business, 30 per cent of them in rate, which is excellent. I do not have to hand the exact the regions. Really the health of our economy relies on number of mediations that have taken place, but that a healthy small business sector to ensure growth, to was a fantastic initiative that was introduced by the ensure sustainability, to ensure resilience and to ensure former coalition government to support small business. productivity. If the minister will not put small business I note that the Parliamentary Secretary for Small at the heart of his portfolio, as the most important part Business at the time was the member for Morwell, of his portfolio and as the focus of what he needs to do, Russell Northe, who is doing an inordinate amount of and if his only act in 886 days of this government is to work in his own electorate right now to support small change the wording on the sign out the front of the business. It could be fair to say to Russell, ‘We know Small Business Commission and do nothing for small it’s hard work because this bit of legislation is actually business, then he should give it away, because all we not doing anything for small business’. are seeing in this state, where economic health is reliant on small business, is that this minister has not delivered I have had extensive experience in small business — anything for small business apart from no care and and large business, I have to say, as well — through my increased public holidays. career and I always note that we do not look to government to solve all our problems. We do not look We will not oppose this bill. I am going to seek more to government to help us with recruitment and finding information in the committee stage of this bill, but I customers, keeping those customers and delivering hardly think that small businesses are standing here good service to those customers. But small business today jumping up and down with glee and saying, does look to the government — to either help or get out ‘Wow, this bill is going to do so much to help us’ — of the way, and this bill does neither. It just provides a small businesses that operate on skinny margins, stay new advisory service for the minister, a new back late to fill out forms and worry about cash flow opportunity for the minister to find ideas that he does and ensuring they can pay their staff and suppliers in a not have and a new opportunity for the minister to stand timely fashion. We will talk more about that in the up and say, ‘I’ve done something more’. In fact it will committee stage. I just do not think they are going to be be the Small Business Commission with less money jumping up and down and celebrating today as a result and not enough resources. It is disappointing.

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It is no wonder if people who are a courier driver, a when they find themselves in trouble with not only taxidriver, a truck driver or a small business person that other business but government organisations. Someone is dealing with business or that is dealing with indicated to me on social media that they had an issue government are shaking their head today and saying with Google. I have had an issue with Google in the about this very, very thick bill that amends a number of past. I can tell members that it is very difficult to speak acts, ‘Is that it?’. My response to those small business to someone at Google. The person that I was people — who will remain frustrated because this communicating with on social media was very pleased government is not helping, it is not walking the talk — with the assistance that the small business is that there is little positive support for small business commissioner had been able to offer in resolving a in this whole thing, despite Labor’s 2014 election dispute with whatever Google Mate is. He was quite policies that said that there was a platform to support satisfied with that. small business. Those people will be disappointed today. Where I find this bill interesting is that it is also expanding the ability of the commission to work with The minister may say, ‘Oh, well, I haven’t been small other states, because let us face it, most small business minister for the whole time. There were other businesses in Victoria do not trade just in Victoria. We ones. It wasn’t my fault. It was before me; it wasn’t have far more transportable industry now. The me’. I have to say that when this bill was introduced to technology has enabled us to seek customers and clients the Legislative Assembly on 8 November 2016, not only within Victoria but around every jurisdiction in Minister, you were the minister. It provided you with an Australia and internationally. We require the opportunity to do something for small business. You commission to enable that to happen more easily and will change the sign; you will change the letterhead; for the commissioner to be able to speak to other you will create a body that will answer to you, directly jurisdictions in a more satisfactory way. I was very or indirectly, and probably do just what you say. But I pleased with that. think the real reason for all this is to have an organisation that will give you as little grief as I actually keep the government’s election plan on my possible — and that does not help small business at all. desk to just occasionally check back and see if something was in the book. This certainly was. In the I wish this bill passage through the house. I look book the government talked about the fact that with forward to examining it in more detail in the committee legislation we would get a small business impact stage. I am looking forward to the minister’s response, statement. I would love it if in summing up the minister hopefully without the unintelligible, imbecilic could possibly clarify that those impact statements will interjections that I have had from him today. be made not just at the behest of the minister but as a matter of course — that is, that under the legislation Ms PATTEN (Northern Metropolitan) — I was relating to small business we will be provided with actually quite pleased with this bill. I did not mind it what one hopes is frank and fearless feedback from the much really. It seemed to be doing some good things. Small Business Commission. Early in my term of being elected I met with Geoff Browne. I was not aware of a lot of the work that the I certainly welcome the ability of small businesses to Victorian small business commissioner was already use the mediation and dispute services of the new doing. This bill expands on that, and I am more commission when it comes to other government optimistic, I think, than my friend Mr Ondarchie on organisations, such as Victoria Police, the health where this will take us and how this will help the services commissioner or a whole range of those 556 000 small businesses in Victoria, that make up organisations. I too have had to go through VCAT from 97.6 per cent of all Victoria’s businesses. a business position. I would welcome the opportunity to avoid VCAT at any cost, and I hope that this I too have operated a small business over the years. I commission will enable more small businesses to do have rarely gone to government for help with a small that in the future. I really do welcome this. I think it business. I have taken the wins as my own and the encourages the fair treatment of our small businesses, losses as my own as well. But I do think that in this and I hope that it encourages us through our working increasingly complicated world we are living in and through legislation to consider small business very with the changing nature of business a small business carefully when introducing new legislation, including commission can assist businesses, certainly in the considering how it will impact on small business. I look building up of a business. I looked at the website to see forward to the Small Business Commission providing what services the small business commissioner offers us with that information. businesses when they are new and upcoming and also

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I was also encouraged that this bill gives the government whereby they would get out of that game commission some investigatory powers. I think it is a entirely. very positive element of this bill. As an aside, I note with some disappointment that the human rights The bill effectively repeals and re-establishes the Small commissioner still does not have those investigatory Business Commission rather than amending the current powers. Prior to being elected here I was looking at a act. There are some changes to the powers and duties of specific issue where small businesses were being the commission, which include working with similar discriminated against by banks and other businesses, bodies in other jurisdictions; dispute resolution but there was no recourse for those small businesses. functions will be available to businesses in dispute with They could not go to the small business commissioner educational institutions, not-for-profits and industry and and they could not go to the human rights professional associations — more government agencies commissioner. I do not think that this bill will right that will be able to access this form of dispute resolution; wrong, but I do make a note that I would like to see the and the commission will provide confidential advice to human rights commissioner also have investigatory the minister on legislation and regulation. powers similar to those of the small business commissioner. The second half of the bill is mostly about amending other acts to say ‘commission’ instead of We are going to need small business more and more. ‘commissioner’, and there are some minor changes in The type of industries we have and the types of jobs we relation to the appointment of a commissioner. will be doing in the future will be changing, and small Certainly in the debate in the lower house the Liberals business will be absolutely crucial to that. As I said at indicated they had a number of problems with the bill. the beginning, I am actually quite pleased with this bill. However, despite spending quite a bit of time on the I wish Judy O’Connell great success as the bill, I have not heard that they are actually bringing commissioner of this new commission. I look forward forward any amendments to it. So I will say no more. to receiving further feedback from small business on We wish the bill a speedy passage. the success or otherwise of the commission, and I commend the bill to the house. Mr ELASMAR (Northern Metropolitan) — I am pleased to contribute to the debate on the Small Mr BARBER (Northern Metropolitan) — The Business Commission Bill 2016. Essentially this bill Greens will be supporting this bill. The commissioner’s establishes the Small Business Commission, which will office was established in 2003. By all accounts and effectively replace the Office of the Victorian Small feedback that we have been getting, it has been a great Business Commissioner. success. In fact the model has been adopted interstate and at the commonwealth level. The commission is By way of background to this bill, the Bracks Labor staffed by departmental employees and contractors. government created the small business commissioner This is not proposed to change, so the bill will not have position in 2003. At that time it was considered a great any impact on staff, as we are advised, except that the step forward because for the first time small businesses commission will now have the power to engage had a low-cost dispute resolution process and an advisory body that could assist them to resolve issues consultants, contractors or agents. that impeded their capacity to grow or to even stay The office provides support and guidance to small afloat. Since that time small businesses have flourished business, but its core functions have been mediating and now make up nearly 97 per cent of all businesses in business-to-business disputes, which in many cases are this state, contributing about one-third of our state’s disputes over retail leases and late payments. Some output in goods and services. Numerically there are types of disputes must be taken to the Victorian small more than 540 000 small businesses in Victoria. business commissioner before litigation, but other disputes may be taken there. Late payments of course The small business commissioner will lead the are a big problem for small businesses because of the commission under the new act. Importantly the bill impact they have on cash flow. People will be allows for the commission to provide comment on constantly trying to improve their own working capital legislation that might impact on small businesses. It by paying late at the same time as getting their bills also clarifies that the Small Business Commission can paid as quickly as possible. In fact some years ago I work in collaboration and cooperation with similar remember this was actually quite a problem where the agencies in other jurisdictions. This bill improves Victorian government itself had become a notorious access to dispute resolution services. It broadens the late payer, and at that time I remember a bit of a scandal current base of operations and incorporates latitude for and new policies being introduced by the Victorian the commission to mediate disputes with educational

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institutions — for example, TAFEs and universities — I note that today is budget day. The Labor government and professional and trade organisations. It also extends has handed down its budget today, and I note that in the to certain special bodies as defined in the Public budget a commitment has been made to relocate some Administration Act 2004, such as Victoria Police. government jobs to Ballarat. There is no clarity around which jobs they are. I also note that small businesses For obvious reasons some agencies, particularly those should be supported by government, and it was indeed that have an oversight role in the public sector such as the former Liberal government that was going to be the Independent Broad-based Anti-corruption supporting small business in Ballarat by relocating Commission and the Victorian Ombudsman, will VicRoads to the civic hall site, bringing some 600 jobs remain outside the jurisdiction of the commission. and a significant amount of economic activity benefit through that move. I note the commitment that has been In the last financial year the commissioner received made by the Labor government today has no detail some 1900 formal requests for assistance. I believe around what government jobs might be relocated to approximately a third of those resolved were at no cost Ballarat. There is no clarity around whether or not there to those parties. This is a critically important function as are going to be the flow-on economic benefits that the most small businesses cannot afford the expensive legal relocation of VicRoads would have had for Ballarat. costs often associated with complex legal disputes. So the dispute resolution services offered by the When this government is looking at supporting small commission will be extremely important; they may business, it should actually do so rather than making it determine whether a business survives or not. harder to do business, as this particular bill will impact on small businesses across the width and breadth of This new Small Business Commission is a great Victoria. The VicRoads relocation to Ballarat was initiative by the Andrews Labor government. It will important. It was important because it was not just widen and increase the capacity to assist small business, about the 600 jobs that were going to be relocated to the and that is a good thing. In my own electorate I have civic hall site; it was also about the flow-on seen businesses flourish and diminish. I am delighted professional services that would have been required to that we in the Labor government are not merrily giving support those jobs. Ballarat is a great place. It is a lip-service to small businesses in Victoria. We are growing city, but it does lack some of the job diversity actively providing practical assistance and resources. It that would make it an even better place to live. That is is important to note that we have also established the what the VicRoads relocation would have done. Small Business Ministerial Council and the Multicultural Business Ministerial Council, which If one were to seek praise, it would be through the allow businesses to voice their concerns and pitch new Labor government copying the Liberal policy of ideas directly to the responsible minister. relocating 600 government jobs to Ballarat, which is of benefit in terms of jobs to Ballarat but is a I am glad to see the responsible minister, the watered-down approach compared to what the coalition Honourable Philip Dalidakis, in the chamber. I have would have done had we been re-elected. I will make witnessed how important small business is to his heart my contribution to this bill brief, but I will reiterate and how committed he is to small businesses. Whether what I said before insofar as bills that look at small it is at public functions or in one-on-one meetings, the business should make it easier for small business to importance for the minister is to put a small or a big operate in Victoria rather than making it more difficult. smile on a trader’s face, and traders have agreed with It is unfortunate that this government has not seen fit to me that the minister is doing a great job in Victoria. do so through the work it is doing. Victoria remains just one of two states with a Motion agreed to. AAA rating. Let us keep it that way by supporting small business to the fullest extent. I commend the bill Read second time. to the house. Committed. Mr MORRIS (Western Victoria) — I rise to make my contribution on the Small Business Commission Bill 2016. I note that we have the minister for making small businesses smaller in the chamber with us today. This particular bill talks about small business; however, all it is going to do in effect is make it more difficult for small businesses to operate.

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Committee 540 000, and that growth in just a couple of weeks? Is that right? Clause 1 Mr DALIDAKIS (Minister for Small Business, Mr ONDARCHIE (Northern Metropolitan) — Innovation and Trade) — I can see that Mr Ondarchie With the indulgence of the house, and provided the is focused on the big issues, and I apologise to anybody minister finds this acceptable, I will take all my who has to have the displeasure of watching this either questions through clause 1 and not elongate the process in the chamber or indeed online. any more than it needs to be, if that is okay. We could have a dispute about some questions really being about As Mr Ondarchie would be well aware, that clause 12 or clause 4, but we can do it all through second-reading speech was indeed prepared at the time clause 1 if the minister finds that acceptable. that the bill was introduced into the lower house. I have provided the statistics to Mr Ondarchie. I did in fact Mr DALIDAKIS (Minister for Small Business, take the opportunity to give him the advice that the Innovation and Trade) — I am happy to agree to statistics he was quoting from originally were the old Mr Ondarchie’s request. I will take note of all of his statistics. It is not a surprise that this member chooses to questions and aim to respond to them as fully and undertake questions in this way, because he is one of faithfully as I can. the laziest members of Parliament that I have come across, in that he would rely on statistics by another Mr ONDARCHIE (Northern Metropolitan) — MP, even by me in a speech that was prepared for last Minister, during the second-reading debate you took year, rather than doing his own work. Given that I have umbrage with me about the amount of small businesses now given him the statistics and confirmed a third time in this state when I said there were over 540 000. that in fact there are 556 000 small businesses in Would you seek to clarify that for me, please? Victoria and we had the highest net growth of small Mr DALIDAKIS (Minister for Small Business, businesses of any jurisdiction in Australia over the last Innovation and Trade) — In fact there are in excess of 12 months, I am very happy to continue on clause 1 — 556 000 small businesses across the state of Victoria at now that I have been able to resolve this issue for present. Mr Ondarchie.

Mr ONDARCHIE (Northern Metropolitan) — Mr ONDARCHIE (Northern Metropolitan) — Minister, the reason I was asking that question up-front Thank you, Minister, for your response. I take on board is because that number of over 540 000 small your advice that I should not rely on your own businesses that you were quick to correct me on and statistics, so thank you for that. took umbrage to during the second-reading debate Still on clause 1: Minister, could you explain what the comes directly out of your second-reading speech. practical differences and the benefits are for small and Which is the right number, Minister: the number that medium businesses between the already established you were so energetic about checking with me and commissioner and her role and the commission? making sure I got right or the one in your own second-reading speech? Mr DALIDAKIS (Minister for Small Business, Innovation and Trade) — In answer to Mr Ondarchie I Mr DALIDAKIS (Minister for Small Business, can certainly advise the committee that the first Innovation and Trade) — As the member would be practical difference of course is in providing for a Small aware, given he went to great, monotonous lengths to Business Commission as a corporation sole. We are point this out, the original piece of legislation was broadening access to dispute resolution by amending introduced into the Parliament late last year, and the the definition of ‘dispute’ to include certain special statistics I have provided to this chamber are the most bodies, educational institutions and trade and up-to-date statistics. I am happy to update the member professional associations. We are creating a new so that his contribution in Hansard is accurate for time function for the commission to provide comment on immemorial. proposed legislation, and of course we are creating a Mr ONDARCHIE (Northern Metropolitan) — new function to allow the commission to work Thanks, Minister. I appreciate that you want to make collaboratively with other commissioners in other sure the record is accurate, but in fact your jurisdictions. second-reading speech was made only in the last sitting There are of course other roles that the small business week. So has there been significant change between commissioner will indeed be able to expand upon. The your second-reading speech, in which you said

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most recent was — something which I know you are seeing them not treated as lines of credit or lengthy cash keen to follow, Deputy President — what we flows for obviously big business but supporting them in announced some weeks ago, and that is the voluntary getting access to the money when they deserve it, when fair payment code. Again we have become the first they need it and more importantly when they are owed jurisdiction in Australia to introduce this voluntary fair it. payment code, that will see large businesses sign onto it, thus agreeing that they will pay small and medium We are also reducing the cost of doing business. Can I enterprises within 30 days of receipt of an invoice for a also say, Deputy President — this will not be a surprise satisfactorily provided good or service. to you given all the other firsts that I have named in my contribution at this point — that we are also the very Deputy President, it will be no surprise to you that in first jurisdiction, including the federal government, in fact every major small business policy announcement the country to undertake a red tape reduction review in that has been made in the state of Victoria has been relation to the small business sector. I have been asked made under a Labor government. Mr Ondarchie in his by the Treasurer to look after that for the small business earlier contribution referenced the fact that the Small sector. We are partway through that process and I will Business Commission — well, preceded by the small have more to say about that in coming months, but business commissioner — was created in 2003 under again I am very proud to say that when it comes to the then Labor government of Premier Steve Bracks. small business in Victoria the Labor Party continues to Let me tell you, Deputy President, that the small lead time and time again. business commissioner model has now been adopted by every state, including the federal government, as a Mr ONDARCHIE (Northern Metropolitan) — result of seeing what was done here. Queensland of Minister, thank you for your answer. I do refer you then course does not have a small business commissioner; it to the new payment code you have talked about to has a small business champion. But that small business support Victorian small businesses. I note that in some champion is still nonetheless modelled on the Victorian media commentary that you made — it is not dissimilar model. Let me also point out that Victoria was the first to my own experiences, that often small businesses state in this country to provide small business become the bank and have to rely on timely payments mentoring services. That was created under another by their customers to avoid some cash flow issues they Labor Premier — Premier John Cain — back in 1986, have in their own businesses — you noted that when and last year it celebrated its 30th anniversary. you were involved in a small business it sometimes took 90 to 120 days to be paid, and you have said that Let me tell you also — and it will be no surprise to you, you are looking to improve that for small businesses. Deputy President — that we continue to lead the way in the creation of an environment that is supportive of Minister, given what you have just talked about in small businesses right across the state. Of course in the terms of your new payment code, and you are budget that was just handed down today something that introducing that as one of your purported initiatives, was obviously avoided by members of the what are the consequences if businesses do not pay opposition — not surprisingly, because they like to talk within the 30 days? down business and opportunities in Victoria rather than talking them up — was the 25 per cent reduction in Mr DALIDAKIS (Minister for Small Business, payroll tax for businesses in rural and regional Victoria. Innovation and Trade) — I am happy to provide that That means businesses in rural and regional Victoria information to Mr Ondarchie at another time, but I will now pay the lowest amount of payroll tax of would direct him back to the legislation here. What I was doing when talking about the payment code was in anywhere in this country. fact providing a reference point to show that the Labor We have also brought forward and accelerated the Party has a very proud history of a number of firsts in increase of the payroll tax threshold to $625 000 this Australia at all levels of government and that this year. That action by the government has been legislation before us in moving to a Small Business welcomed by VCCI — the Victorian Chamber of Commission is another first. That was the reference Commerce and Industry — because this budget point. presented today has once again reaffirmed the Labor Party, governed by Daniel Andrews, the Premier in the Mr ONDARCHIE (Northern Metropolitan) — other place, as not only being small business friendly Deputy President, I dispute the minister’s response. He introduced the Victorian payment code into the debate; but actually putting runs on the board, putting rubber on the road, supporting businesses where it matters with I did not. This is a wide-ranging bill. It amends a policies that help them get their payments sooner and number of acts. He used that in responses to point to

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one of his initiatives and therefore introduced it into the The DEPUTY PRESIDENT — Order! You cannot debate, and I put to you that I should therefore be able do that. to ask questions about that, given that he entered it into the debate. Mr DALIDAKIS (Minister for Small Business, Innovation and Trade) — I have nothing to add. Mr DALIDAKIS (Minister for Small Business, Innovation and Trade) — Again I thank Mr Ondarchie Mr ONDARCHIE (Northern Metropolitan) — for his contribution, but again Hansard will reflect that Minister, in relation to the new payment code, which I referenced the payment code in response to you wanted to talk about and now significantly are Mr Ondarchie’s unfair assertion concerning the Liberal avoiding, and paying businesses within the 30 days: Party’s history in relation to small businesses. Let me does your own department pay small business invoices point out that Mr Ondarchie cannot have his cake and on time — within the 30 days? eat it too. He cannot claim in his contribution that this bill does nothing, which he did earlier, and then claim Mr DALIDAKIS (Minister for Small Business, that it does everything. It either does nothing, from his Innovation and Trade) — I am not answering these point of view, or it does everything, from his point of questions. They are not relevant to the bill at hand. view. It cannot do both. You cannot have your cake and Mr ONDARCHIE (Northern Metropolitan) — It is eat it too with that line of argument. interesting, Minister, that out of convenience you are The fact remains that this bill before us moves the small happy to talk about something you want to promote, but business commissioner to a Small Business when you are asked to substantiate it, you will not Commission. That is what this bill does and that is what substantiate it. I guess that goes to the heart of the bill we are here to debate, and for as long as Mr Ondarchie itself. This is a bill that purports to do something for wants to get up and ask about issues that are not small business but does not. When you are asked in this relevant to this bill, I will get up and respond house of review to account for that, you fail to respond. accordingly, which will mean that we will be here for a Minister, the department says that the state government very, very long time. of Victoria generally defines ‘on-time payment’ as 30 days from the date of receipt of a correctly rendered Mr ONDARCHIE (Northern Metropolitan) — So be it, if we are going to be here for a very, very long invoice. In the context of payment on time, when you time. I asked you, Minister, what the practical say ‘generally’, does that mean that your department differences and benefits are for small businesses and does pay on time or sometimes pays on time? many other businesses of the establishment of this Mr DALIDAKIS (Minister for Small Business, commission. You chose as part of that answer to talk Innovation and Trade) — Again, the question has no about the new payment code, so my question to you is relevance to the bill at hand. this: should businesses not adhere to the new payment code that you have just enunciated in your response to Mr ONDARCHIE (Northern Metropolitan) — The my question, what happens if they do not pay on time? record will now define the minister as always quick to talk about Hansard and how he wants Hansard to be an Mr DALIDAKIS (Minister for Small Business, accurate reflection of the proceedings of this place. Innovation and Trade) — Asked and answered, and it is Hansard will now accurately show the fact that the not relevant. I will not be proceeding. minister is avoiding the very questions in relation to which he raised this issue on the benefit of this for Mr ONDARCHIE (Northern Metropolitan) — Deputy President, I seek your ruling on this. This is a small business. I think it just confirms the coalition’s matter that the minister introduced into the debate in position that this is a bill that says a lot and does response to a question that I had asked him. I put to you nothing. This is another example of that. that I have licence to ask more about that if that is his We have asked about the new payment code, which the response to the question. minister introduced into this discussion. We have asked about payment on time. We in fact even asked him if The DEPUTY PRESIDENT — Order! Mr Ondarchie, you cannot direct a minister to respond his own department pays on time, and he is avoiding the way you want them to. answering that question. He is absolutely avoiding it. Minister, when it comes to other government Mr ONDARCHIE (Northern Metropolitan) — I accept that, but he introduced it into the debate. departments — for example, WorkSafe — do they pay small businesses on time?

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Mr DALIDAKIS (Minister for Small Business, Mr DALIDAKIS (Minister for Small Business, Innovation and Trade) — Again the question is not Innovation and Trade) — Rule that out of order, responsive to the legislation at hand. Deputy President.

Mr ONDARCHIE (Northern Metropolitan) — I The DEPUTY PRESIDENT — Order! The remind the minister that it was he who introduced the question has nothing to do with the bill, Mr Ondarchie, whole payment code thing into the discussion today. so I rule it out of order.

Minister, do you find it ironic in terms of supporting Mr ONDARCHIE (Northern Metropolitan) — small business that you are enacting some strategies in Thank you, Deputy President. I was just hoping the Victoria to ensure that businesses are paid within minister would refuse to answer that one as well. 30 days and on time? I spoke to a small business Further on clause 1, Minister, how many staff does the operator who is a courier — a small-truck driver — and small business commissioner have? he was unfortunate in that he received an infringement notice for something that he claims he did in error on Mr DALIDAKIS (Minister for Small Business, Victorian roads. He was asked by way of this Innovation and Trade) — I would appreciate it if infringement notice to pay a fine within 28 days. Mr Ondarchie could explain how this is relevant to the Minister, why is it that the government demands bill. payment by this courier, this small business operator, within 28 days, but you in fact do not see your Mr ONDARCHIE (Northern Metropolitan) — department confirming that they will pay him within Given the minister does not understand the bill himself, the bill itself talks about the increased capacity of the 30 days? Small Business Commission. It talks about that in the Mr DALIDAKIS (Minister for Small Business, document, and in fact it refers to it in the Innovation and Trade) — I fail to see how the question second-reading speech, which the minister might like to has anything to do with clause 1 of this bill before us. refer to. So my question is going to go to the capacity Again in deference to the fact that we are here debating of the Small Business Commission to deliver this, and I the Small Business Commission Bill 2016, I shall not start by asking: how many staff do they have? be answering a question that is completely irrelevant to (Minister for Small Business, the legislation at hand. Mr DALIDAKIS Innovation and Trade) — I thank Mr Ondarchie for his Mr ONDARCHIE (Northern Metropolitan) — magnificently insightful question. As has been briefed Well, there you go. This is what Victorians are seeing to the opposition, in fact to the shadow minister for time and time again from this minister, a minister who small business in the other place, the small business is pretty quick to stand up and beat his chest and talk commissioner’s office have advised that they believe about all the things that he claims he is doing for small they can undertake the additional duties identified in business in this state, but when he is held to account in this bill with their existing staff allotment, so however this house of review he takes the fifth and says, ‘I’m not many staff they have or do not have is completely answering the question. I’m not going to say anything irrelevant. about it’. This is another example — and small business have woken up to this — of this minister simply talking Mr ONDARCHIE (Northern Metropolitan) — about things and claiming he is helping. He talked Minister, do you know how many staff the Small about payroll tax and thresholds. I suspect he is going Business Commission have? to avoid talking about that further as well today, Mr DALIDAKIS (Minister for Small Business, because this is a minister who, in the words of Innovation and Trade) — Again, that is completely government members, is the greatest self-promoter they irrelevant to the bill at hand. have ever met. He will not answer the questions, and the record of today will reflect that. Mr ONDARCHIE (Northern Metropolitan) — Let the record reflect that the minister has been asked a Minister, I will finish up with the payment term itself as direct question about his own operations and he does part of this debate, just so you can relax and not have to not know. Put that in the same bucket as StartCon — ‘I avoid answering another question. Maybe by way of think it’s going to happen. It may not happen. I don’t payment terms you could outline the terms Mr Nardella really know’. This sums up exactly my second-reading has for repaying his allowance. speech to the house. This is a bill that purports to do something but it does nothing, and when you ask the minister the direct question — exactly how many

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resources does the Small Business Commission have to Mr DALIDAKIS (Minister for Small Business, undertake the capacity that is required in this bill — he Innovation and Trade) — There is plenty of recurrent does not even know what the raw answer is. He does funding for the commission to implement this not even know. legislation.

I will tell you, Minister, just so you know: there are Mr ONDARCHIE (Northern Metropolitan) — Is 17 full-time equivalent staff at the small business there any new money for the commission, Minister? commissioner’s office. Is it not interesting that the opposition knows your operation better than you do? Mr DALIDAKIS (Minister for Small Business, Then I ask you, Minister — — Innovation and Trade) — Asked and answered.

Mr Dalidakis — Just like you knew the number of Mr ONDARCHIE (Northern Metropolitan) — small businesses in Victoria. Minister, are you able to confirm that the Small Business Commission gets additional funding from last Mr ONDARCHIE — It was in your year’s budget for this year’s budget? second-reading speech. Mr DALIDAKIS (Minister for Small Business, Mr Dalidakis — You are a big windbag. Innovation and Trade) — Asked and answered.

Mr ONDARCHIE — It was in your Mr ONDARCHIE (Northern Metropolitan) — second-reading speech. Minister, when they look at the 2017–18 budget and the line item associated with the Small Business Mr Dalidakis — You do no work. You are lazy. Commission, will Victorians discover any increase in the number between 2016–17 and 2017–18? Mr ONDARCHIE — You do not know — — Mr DALIDAKIS (Minister for Small Business, Mr Dalidakis — You are a lazy windbag. Innovation and Trade) — Again, as I indicated, this Mr ONDARCHIE — Full of wind and no delivery; question has been asked and answered in relation to the that is the problem. Small Business Commission Bill 2016 before us.

Mr Dalidakis — Do some work. Mr ONDARCHIE (Northern Metropolitan) — There you go. It just keeps confirming exactly what I Mr ONDARCHIE — You cannot even tell me how said in my second-reading speech — this is all show many people are in the office. You cannot even tell me. and no go. Minister, given you have avoided question after question — and if that was your intention for the Mr Dalidakis — Three words: do some work. committee stage of this bill, you might as well pack up and go home — can you confirm that the commission The DEPUTY PRESIDENT — Order! will be able to deliver with its existing resources and its Mr Ondarchie to continue. existing budget everything you require out of this legislation? Can you guarantee that? Mr Dalidakis — Do some work. Don’t be a lazy windbag. Mr DALIDAKIS (Minister for Small Business, Innovation and Trade) — I can confirm to the chamber Mr ONDARCHIE — You are happy with that, that the Small Business Commission will be able to Chair, are you? undertake the activities required under the Small Mr Dalidakis — Which bit — the ‘lazy’ or the Business Commission Bill 2016 with its existing ‘windbag’? funding.

The DEPUTY PRESIDENT — Order! Please stop Mr ONDARCHIE (Northern Metropolitan) — interjecting, if you do not mind. Mr Ondarchie, to Minister, have you had any discussion with the small continue. business commissioner about the capacity to deliver all the extra duties that are required as a result of this Mr ONDARCHIE — Thank you, Deputy legislation? President. Anger is just a form of deferred guilt, I think. I ask the minister: in the 2017–18 budget today is there Mr DALIDAKIS (Minister for Small Business, any extra funding in place for the commission? Innovation and Trade) — I can report to the chamber that in fact I have many discussions with the small

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business commissioner, who was recently appointed venture into matters that have nothing to do with the and who will be an outstanding commissioner in her Small Business Commission Bill 2016 before us. role. Judy O’Connell has a long professional history of Ms O’Connell’s appointment was an appointment that serving the needs of the small business community, was made some time ago, and I point out that most recently of course in her role as Deputy Mr Ondarchie has failed to ask one question in relation Commissioner of Taxation at the Australian Taxation to Ms O’Connell’s appointment during question time. Office, where she looked after the small business sector This is not an opportunity to litigate other matters in as well. I can confirm to the house that the terms of her appointment. This is an opportunity to deal commissioner is indeed satisfied with the budget with the Small Business Commission Bill 2016. We are allocation in order to deliver the requirements in the examining clause 1, and so far Mr Ondarchie has failed Small Business Commission Bill 2016. to ask any questions in relation to the clauses.

Mr ONDARCHIE (Northern Metropolitan) — Mr ONDARCHIE (Northern Metropolitan) — Thank you, Minister. Is that a view that is shared There you go. This is symptomatic of this government: amongst the entire workforce at the small business it is stuck in reverse gear. You introduced the subject of commissioner’s office? Ms O’Connell into the discussion, Minister — I did not — just as you introduced the subject of a payment Mr DALIDAKIS (Minister for Small Business, code into the discussion. So you start something and do Innovation and Trade) — What a ridiculous assertion. I not proceed with it, which pretty well sums up this am not going to answer that. whole government, does it not? You talk about something, you start it, you put out a press release, you Mr Ondarchie interjected. beat yourself on the chest, and then when you are held Mr DALIDAKIS — It is a ridiculous statement. to account in the people’s house, you do not want to talk about it. We are seeing more and more of the same. The DEPUTY PRESIDENT — Order! Have you any further questions, Mr Ondarchie? You can get as upset as you like with me, Minister, but it is not me who is upset with you. You should talk to Mr ONDARCHIE (Northern Metropolitan) — some of your own colleagues. They are upset with you Yes. We will go all night with the greatest avoider in too. Minister, given you introduced the small business Parliament’s history. Minister, it is a simple question. commissioner and her appointment into the discussion You said the commissioner was happy. Is that a view today — I did not in the committee stage; you did — that is shared across your public servants, some of can you outline the criteria around the selection whom have come from your own department in the process? commission? Mr DALIDAKIS (Minister for Small Business, Mr DALIDAKIS (Minister for Small Business, Innovation and Trade) — I appreciate the opportunity Innovation and Trade) — I take umbrage with that to respond. This is the greatest and biggest dummy spit because the commissioner, Judy O’Connell, is who I in the history of the Legislative Council, and I think that have dealings with and she represents the Small members of the Legislative Assembly would take Business Commission, and again I can only reiterate umbrage with him claiming that this was the people’s my earlier statements to this chamber, as I did most house. I think that is generally said in relation to the recently in the answer before last. Legislative Assembly, but never mind. Let us deal with the facts on the table. The facts on the table are that we Mr ONDARCHIE (Northern Metropolitan) — The are dealing with the Small Business Commission Bill minister can dodge and weave all he likes, but we will 2016. The facts are that I referred to the fair payment be here for some time. Minister, in relation to the small code as an example of firsts that Labor governments business commissioner, Judy O’Connell, as I said in the have undertaken in Victoria. Labor governments in second-reading debate — and I continue with that Victoria have delivered firsts time after time after time. now — we wish her well in her role, and given her background we look forward to working with her to I referred to the appointment of Ms O’Connell in deliver good outcomes for Victorian small businesses. congratulating her and suggesting that she will be a Minister, who made the decision regarding this fantastic contributor in terms of delivering on the Small appointment of Judy O’Connell? Business Commission Bill 2016. It was in direct response to a question that Mr Ondarchie put in relation Mr DALIDAKIS (Minister for Small Business, to the resources provided to her in order to undertake Innovation and Trade) — Again, I am not going to her roles and activities — roles and activities, by the

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way, that Mr Ondarchie does not see fit to talk about. then when I ask you a question you say, ‘I don’t want to He does not wish to talk about the bill before us, talk about it. I don’t want to know. I don’t want to say because he will be found out as being one of the laziest anything about it’. But this is this small business members of Parliament who does not do any work. He minister all over — he beats his chest and then when rides on the coat-tails of others. Mr Ondarchie is full of we ask him for detail he says, ‘I don’t want to talk bluff and bluster, but let the record reflect that not once about it’. Do you know why he says he does not want in question time has he asked a question in relation to to talk about it? Because he does not know. I just asked Ms O’Connell’s appointment. I presume he is trying to him a question about how many people are in the Small smear her by trying to taint the process that saw her Business Commission, and he did not know. I asked appointment. What I suggest to Mr Ondarchie is that he him about the payment code that he introduced into the try to exhibit a modicum of professionalism by dealing debate — ‘I don’t want to talk about it’, he said. He with the legislation at hand. talked about the small business commissioner, Judy O’Connell. He introduced it into the debate and then Mr ONDARCHIE (Northern Metropolitan) — Is it says he does not want to talk about it. He does not want not interesting: when the minister is held to account and to talk about it for one of two reasons: either he does when he is asked questions about things he introduces not know, which is probable, or he is that scant on himself into this house, he gets up, he beats his chest, detail, apart from his media headline, that he has got no he talks about what he is doing, and then we ask him a clue what to do after that. question about that and he reverts to a personal attack. Anger is guilt deferred, nothing more. We have seen more and more of the same, and he can get as frustrated and as personal as he likes in this place. Minister, I refer you with this line of questioning to I am a big fella; I can take it. I have had better than you your own second-reading speech, and I quote: in my life; I can take it. But I tell you what: it is not me you should be worried about. It is your own The commission will be led and constituted by the small business commissioner, with a broader mission to assist small government colleagues who have got a lot to say about businesses. The commissioner will continue to be you. When you turn to me and say, ‘You’re being independently appointed for a term of five years by the unfair’, it is because they are talking to me about Governor in Council and the commission will continue to you — so do not worry about me. submit an annual report to Parliament. You spoke about this in your second-reading speech, Minister, could you just confirm for the benefit of small and now when I ask you about that and hold you to business — so we can consult with them and account you run and hide. Minister, who appointed the particularly so our shadow minister for small and small business commissioner? medium enterprises, Neale Burgess, can confirm with them and consult with them, because they have not Mr DALIDAKIS (Minister for Small Business, been consulted by anybody else, and so that I can go Innovation and Trade) — What I take umbrage with is back to them — that the bill has ‘reformed and the fact that we are here to debate the Small Business empowered the commissioner’? What are the new roles Commission — — and powers the commission will have that it did not already have that will improve the lives of small Mr Barber — Dial down the umbrage — we want businesses? to go home! Mr DALIDAKIS (Minister for Small Business, Mr DALIDAKIS — I will accept the interjection Innovation and Trade) — It is like groundhog day from Mr Barber. We are here to talk about the Small because since the very beginning of the committee Business Commission Bill 2016, and that the stage this is about the only question that Mr Ondarchie appointment of Ms O’Connell to the role of has asked. In fact this is about the only question that commissioner for small business here in Victoria has Mr Ondarchie has asked that is even slightly, remotely absolutely nothing to do with the actual legislation relevant to the bill. before us. I encourage Mr Ondarchie to ask questions in question time if he has concerns about it. What I did at the beginning of the committee stage was, in answer to a very similarly worded question from Mr ONDARCHIE (Northern Metropolitan) — Mr Ondarchie, point out what the changes to this bill Thank you for your ‘Don’t ask me now, ask me at are. For the benefit of Mr Ondarchie, who seems to another time’ response, but I suspect I will get exactly struggle with detail himself, what I will do is point out the same answers. You just run and hide. You that the bill before us establishes the commission introduced this exact subject into the debate today, and headed by the small business commissioner as a

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corporation sole. It broadens access to dispute an expenditure review subcommittee process, having resolution services by amending the definition of not served as a minister in the last government’s brief ‘dispute’ to include certain special bodies, educational time — four long years for the rest of Victoria — but institutions and trade and professional associations. It the fact remains that the Treasurer is responsible for creates a new function for the commission to provide handing down the budget. A subcommittee of cabinet is comment on proposed legislation, and it also creates a responsible for that process. As a minister, I have the new function to allow the commission to work opportunity to make budget bids, but it is my collaboratively with other commissioners in other colleagues around the table who ultimately make jurisdictions, including the Small Business Champion decisions in relation to the fiscal position and policies in Queensland, because they are so differently named. adopted by the state. I am happy to provide what That is what I said earlier in a response to Mr Ondarchie should have probably learned in grade 5. Mr Ondarchie. Mr ONDARCHIE (Northern Metropolitan) — Guess what? In the time intervening that actually has More of the same: when you are desperate you become not changed. That is what this bill does. Given that personal. It is so disappointing. You are right: let me Mr Ondarchie in his contribution earlier said that the confirm with you that I have not had the privilege of coalition are not opposing this bill, I suggest that we get being a minister in this state, but that pales into on and actually look at the bill if Mr Ondarchie has any insignificance compared to you being the minister and concerns — instead of grandstanding and making not doing your actual job. I would much rather you did claims that are wildly inaccurate, smearing officials and your job as the minister rather than deciding to become their appointment and undertaking any number of personal in terms of your response. hatchet jobs, most likely at the behest of his party colleagues. Minister, could you outline to the house what level of consultation was undertaken with small businesses Mr ONDARCHIE (Northern Metropolitan) — prior to this legislation being introduced to the lower Well, we have established that there is only one house in November 2016? certainty in this bill, and the certainty is that when this minister’s back is to the wall, he gets personal and Mr DALIDAKIS (Minister for Small Business, aggressive. Nothing changes in this place. If there is Innovation and Trade) — What I can advise the anything that lacks less substance than this bill, it is the member is that this piece of legislation before us went minister himself, and it is getting ridiculous. Minister, if to the 2014 election in November. It jars Mr Ondarchie you are not up for it, go and do something else. and his colleagues that the people of Victoria on 30 November 2014 voted — after a pathetic and wasted Referring to the bill, how can the commission be period of time — the coalition from office, after four considered independent of government, even be seen to and a half long and wasted years of doing absolutely be independent, if the secretary and the department are nothing, seeing the malaise grow, seeing the holding the purse strings? How can it be that if the unemployment rate grow from 4.8 per cent to nearly small business commissioner needs more staff, they 7 per cent. The fact remains that this was one of our have to come cap in hand to the minister to get that policies at that election. The commitment to move to a money, yet you are saying they are independent? Could Small Business Commission was a commitment at the you explain for the benefit of small and medium 2014 election. If Mr Ondarchie wishes to ask what type businesses that that really will be the case? of consultation occurred, he only has to look at the Victorian electorate to see the level of consultation that Mr DALIDAKIS (Minister for Small Business, occurred. As a result, here we are. We are proceeding Innovation and Trade) — From that perspective, the with our election commitment to have the funding arrangements do not change from the Small commissioner moved into a Small Business Business Commission as distinct from the previous Commission, and we are looking forward to this set-up. legislation passing.

Mr ONDARCHIE (Northern Metropolitan) — Are Mr ONDARCHIE (Northern Metropolitan) — The you confirming then that in fact it is you who decides minister is a man who purports to demand accuracy. In how much funding they get? his second-reading speech he said 540 000 small businesses, and then he jumped up to correct the house Mr DALIDAKIS (Minister for Small Business, that it is not 540 000 but more than that, even though Innovation and Trade) — I know that Mr Ondarchie his second-reading speech said that exact number. He is has not had the pleasure of being able to serve as part of a man who demands accuracy, yet he referred to the

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election of 30 November 2014. That election was held subsequently repeated after a period of time, actually on 29 November 2014 — so there you go! He will deal with clause 1 of this bill effectively. spend more of his time beating his chest and talking about how good he is — in the words of government Mr ONDARCHIE (Northern Metropolitan) — members, the greatest self-promoter they have ever Minister, we finally got somewhere, did we not? We met — yet he cannot be held to any detail. finally got you to say that there had been some consultation with small business associations. Can you Minister, I take it from your response — ‘The tell me which ones they were, please? electorate decided in November 2014, and that is the amount of consultation that we had’ — that your Mr DALIDAKIS (Minister for Small Business, specific answer about this legislation, which was Innovation and Trade) — It has no bearing on the introduced on 8 November 2016 and brought to this legislation before us. All that needs to be said is that we house 886 days after you were elected, is that you have undertook consultation. It is that simple. consulted with nobody. Is that correct? Mr ONDARCHIE (Northern Metropolitan) — I Mr DALIDAKIS (Minister for Small Business, have got to tell you, you better talk to the Premier, Innovation and Trade) — The question was asked and because he sure ought to ban fairytales. You better talk, answered. The fact of the matter remains that this was because that is another fairytale from you. When you an election commitment. We are delivering on that are held to account and asked, ‘Which small business election commitment. Mr Ondarchie can either accept associations did you actually talk to?’, you say, ‘I am that or we will continue to be here for some time. not going to tell you’. And you are not going to tell me because you did not; that is the problem. Even in your Mr ONDARCHIE (Northern Metropolitan) — The own electorate office, which is on a small strip of shops challenge for you, Minister, is not whether I accept it in Bentleigh, what do the small businesses alongside but whether the small business community of Victoria your office tell me? They do not ever see you. You do accepts it. They look to you for leadership. Quite not even talk to them, and they are aghast at the fact frankly, you could answer them the same way you you are the small business minister. You will probably answered me, indeed by saying, ‘I’ve got nothing to respond by getting all personal and getting angry with say’. They look to you, as the minister who stands up me, but it should not be me you should be getting angry for them, to not just introduce public holidays that at; it is the small business people who are just so burden them but to actually stand up for them. But your disenfranchised with you. It is unbelievable. answer is: ‘I don’t want to answer that question. I don’t want to say’. Minister, you talked, both in your second-reading speech and in some of the responses you have made So do not be worried about what I think — worry about this afternoon during the committee, about the fact that what the 540 000-plus small businesses in this state the commission will be able to work with other such think of the job you are doing. We could survey that commissions or commissioners in other jurisdictions. today, and it would not take us long to get the answer Minister, do you regard the Queensland Small Business that we already know: you is doing a hopeless job. Champion, albeit a slightly different organisation than When you are asked questions in this house of review, the Small Business Commission, as a like-for-like when you are being held to account, you will not organisation? answer them. Let me ask you about consultation. Your electorate office is in a small business strip in Mr DALIDAKIS (Minister for Small Business, Bentleigh. How many of those small businesses did you Innovation and Trade) — It is the closest equivalent consult with personally before this legislation was that Queensland has to commissioners in every other introduced? jurisdiction.

Mr DALIDAKIS (Minister for Small Business, Mr ONDARCHIE (Northern Metropolitan) — Was Innovation and Trade) — In the process of putting the that a yes? I already knew that. I did not ask for what I legislation together, many small business associations already knew. I just asked: do you regard them as a were indeed consulted in relation to the legislation like-for-like organisation? before us, but the fact remains that this is still an election commitment that we took to the 14 November Mr DALIDAKIS (Minister for Small Business, 2014 election. We are looking to implement that Innovation and Trade) — Asked and answered. election commitment; that is what this legislation does. We are yet to, other than one question, which was then

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Mr ONDARCHIE (Northern Metropolitan) — We delays or wait times or hold-ups for small businesses can play this dodge and weave game all night, I do not seeking resolutions because of the additional workload care; I have got plenty of Red Bull in my fridge that has been placed upon the Small Business downstairs. I am happy to go all night, but at some Commission? point the minister might do something amazing, something surprising, and actually stand up for small Mr DALIDAKIS (Minister for Small Business, business in this state. We live and hope. Minister, you Innovation and Trade) — We expect the Small took me up on this during the second-reading debate: Business Commission to be able to function as the why can the commission not act — because it says it commissioner does now, with no drawdown on can deal with other government departments et cetera, additional resourcing and no escalation in delivery councils, TAFEs, universities and other places — if the times. dispute is with VCAT or the Auditor-General’s office (Northern Metropolitan) — or a similar organisation? Mr ONDARCHIE Minister, will you guarantee to the chamber by way of Mr DALIDAKIS (Minister for Small Business, this discussion that there will be no delays or adversely Innovation and Trade) — I am not sure whether affected waiting times as a result? Mr Ondarchie is trying to display his ignorance for the world or his lack of attention to detail. This question Mr DALIDAKIS (Minister for Small Business, was raised by the shadow minister in the briefing that Innovation and Trade) — I can again provide to the our department provided to him, so I can only assume chamber that we do not believe — and it is an that the shadow minister does not speak with his own expectation — that it will impact at all on the Small colleagues on this issue. The fact of the matter is that Business Commission. VCAT is an independent court established to look after Mr ONDARCHIE (Northern Metropolitan) — different matters and the Victorian Auditor-General’s Thank you, Minister. We will feed back to the small Office (VAGO) guards its independence as the business community that you are expecting no delays as Victorian Auditor-General and, as a result, because of a result of what you are doing. Now that the Small that independence, there is no jurisdiction detailed in Business Commission, subject to this bill being passed, this bill for those two authorities. will have the power to comment on legislation that may adversely affect small business, but only upon direction Mr ONDARCHIE (Northern Metropolitan) — I will desist in referring to the minister’s first attempt at by the secretary of your department or yourself, how just attacking people, because quite frankly it puts a can Victorians be assured that the Victorian Small shame on the whole office, to be honest with you. Business Commission will genuinely be standing up for the rights of small business, given they are subject to Minister, what was the strategy in finalising any consultation you did at the time when there was not a the approval of yourself or your department’s definitive head of the organisation? secretary? (Minister for Small Business, Mr DALIDAKIS (Minister for Small Business, Mr DALIDAKIS Innovation and Trade) — Again this has no bearing on Innovation and Trade) — I will take that as a statement. the legislation before us. The appointment of the Mr ONDARCHIE (Northern Metropolitan) — commissioner and the bill turning the commissioner Well, it was not — it was a question. The question was: into a commission does not change the need for given you or your departmental secretary will direct personnel at any such time. This deals with them any comment on legislation, and should that legislation moving from the commissioner to a commission, as I affect small business, how can Victorian small have already described. businesses be assured that the small business commissioner can operate freely and effectively? Mr ONDARCHIE (Northern Metropolitan) — Minister, the commissioner has been tasked with Mr DALIDAKIS (Minister for Small Business, additional responsibilities and additional obligations Innovation and Trade) — Again, I simply need to draw and duties, and as you have indicated, there is no the attention of Mr Ondarchie back to the fact that the additional funding to support the operation. Certainly commissioner is appointed by the Governor in Council; nothing has come through in today’s state budget, ergo the commissioner’s independence in that role is which quite frankly means that you have drawn the safeguarded by the very nature of their appointment. I losing card at the cabinet table, because you got hardly am not sure why, other than attempting to make some anything in the state budget and probably less than you grandstanding statement that bears no relationship to expected. Has the government factored in any potential the legislation before us, Mr Ondarchie wishes to just

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eat up time rather than deal with the legislation before the workload. We believe that the existing small us. business commission staff will be able to meet the increased demands on them. We believe that they can Mr ONDARCHIE (Northern Metropolitan) — See, do so within the existing funding envelope. We believe Minister: it was not that hard after all! I just asked you that the small business commissioner, Ms Judy who appointed the small business commissioner, and O’Connell, will be a fine commissioner — we think she you delayed, you dodged, you weaved, you said you has an outstanding pedigree — and that we should were not going to talk about it, you said it was not move on to other parts of this legislation. relevant to the legislation — and you have just said that the small business commissioner is appointed by the Mr ONDARCHIE (Northern Metropolitan) — Governor in Council. It was not that hard. Why do you Yes, I am sure you want to move on, Minister, but the make life hard for yourself like that? It was just a reality is if you had just picked up the whole line of simple question. You put all that energy into dodging questioning earlier and just answered the questions, as and weaving when you could have simply told me. You you did with the Governor in Council announcement, do make life hard for yourself; let us hope you do not we might have got through this a lot more quickly. make life hard for small businesses. Minister, it has been a challenge for small business to operate in Victoria, and in your second-reading speech Minister, if a small business supplier is having a and indeed in an answer to one of my questions some business-to-government dispute with VCAT or VAGO, time ago in the committee stage you talked about your will the commission be able to intervene to resolve that energetic, enthusiastic support for small business. dispute? Minister, given that and because you introduced the whole subject of your support for small business, are Mr DALIDAKIS (Minister for Small Business, you able to outline what impact the level crossing Innovation and Trade) — Again, Mr Ondarchie has removal project has had on small businesses in areas asked — and I have answered — why the Small where the whole road has been closed? Business Commission excludes VCAT and VAGO. You can see by the nature of that question that the Mr DALIDAKIS (Minister for Small Business, Small Business Commission does not have the Innovation and Trade) — That has nothing to do with authority to ask them questions and enter into dispute the legislation before us. As per other questions that resolution on matters pertaining to them as it would have deviated wildly from clause 1 of the Small with other organisations. Business Commission Bill 2016, I shall not be going into that area. Mr Ondarchie can utilise question time Mr ONDARCHIE (Northern Metropolitan) — for those matters. There you go: be careful if you are a small business supplier to VCAT or VAGO, because the minister Mr ONDARCHIE (Northern Metropolitan) — Not himself will not support you, but then I dare say that only does he want to be the minister; he wants to be the goes for all small business across Victoria — all talk President as well and determine how questions are and no action. Minister, we did agree at the start of this asked in this place. conversation that you will take everything under clause 1. Minister, under clause 10(2) — and we agreed Minister, is it not interesting that the Small Business we will do it all through clause 1 — the bill states that Commission Bill 2016 has nothing to do with small the commissioner may charge fees; however, it does business? We kind of knew that from the start. When not state that the commissioner may choose what fees you are asked questions in relation to your own are to be charged. Given there is no extra funding for portfolio, you either get angry about it or get personal the office and they have pretty much got to do it with about it, but you will not stand up for small business. the existing resources, does that limit the ability of the When I ask you questions about it, you just do not want commissioner to manage their own office, or could this to talk about it. Minister, crime is a significant issue that be a new revenue stream for the commissioner’s office? has been affecting small business. Jewellery stores have been hit time — — Mr DALIDAKIS (Minister for Small Business, Innovation and Trade) — Finally, the scare campaign Mr Melhem — On a point of order, Deputy comes to light — this is the big scare campaign. There President, Mr Ondarchie has been going on for a while, is no expectation that fees and charges will change. and a lot of his questions have not been related to the There is no expectation of delays in undertaking the bill. Unless he has questions relevant to the bill, he course of the commission’s work. There is no should not be allowed to continue debating these issues. expectation it will need increased resources to manage That is why we have the second-reading debate — to

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actually debate these matters. I ask you to ask him to go control in this state, and they want to announce back to asking questions about specific clauses in the something different. People are being held up in bill, rather than grandstanding, as he has been doing for carjackings. Jewellery shops are being robbed. the last half hour. Cigarette shops are being robbed. Petrol stations in my own electorate get hit, and they want to announce Mr ONDARCHIE — On the point of order, something different. This is the government all over. Deputy President, Johnny-come-lately, who has just The minister agreed at the start of this conversation — walked into the chamber, would not know that at the at the start of this committee stage — he would take start of this whole committee stage the minister and I everything under clause 1. Now he is saying it has got agreed that all the questions would be related to nothing to do with that clause. Make up your mind, clause 1. Minister. Surprise us and make up your mind.

Mr Melhem — Are you answering the point of Mr DALIDAKIS (Minister for Small Business, order or are you waffling on? Innovation and Trade) — Mr Ondarchie may wish to suggest that I was happy to take everything under Mr ONDARCHIE — No, I am answering your clause 1 — in relation to the legislation. When he talks own question. You were not even here for it. wildly outside of the legislation, I will not take Mr Dalidakis interjected. questions that do not pertain to the legislation at hand. If Mr Ondarchie wishes to move forward to clause 5, The DEPUTY PRESIDENT — Order! then let us vote on clauses 1 to 4; let us do that. In the Mr Ondarchie has not finished yet. meantime the legislation is before us. That is what we are debating. That is what the committee stage is here Mr ONDARCHIE — Mr Melhem might rush in to probe, and when Mr Ondarchie moves wildly off the here trying to get up numbers, but I have to say to legislation, yes, I will bring us back to the legislation him — — before the chamber.

Ms Symes interjected. Mr ONDARCHIE (Northern Metropolitan) — For the benefit of the minister, who is struggling at the anvil Mr ONDARCHIE — Can I answer the point of at the moment, let me refer him to subclause (c) of order? Is that all right with you? We had an agreement clause 1, which is: at the start that we would take everything under clause 1. You have turned up late, so it is not a point of to establish the Small Business Commission to enhance a order at all. We had an agreement that we would do competitive and fair operating environment for small business in Victoria. this. And that is what I am talking about: a competitive and The DEPUTY PRESIDENT — Order! I believe fair environment for small businesses in Victoria. It is there is no point of order because we are dealing with inherent in clause 1. I think, with respect, I should be the functions and powers of the commission. It is able to talk about that. I should be able to talk about a relevant, Mr Melhem. Anything further, Mr Ondarchie? fair and competitive operating environment for small Mr ONDARCHIE — Thank you, Deputy business in Victoria. Minister, we have seen crime out President. We did agree at the start of this. I am happy of control in this state, and it has not been a fair and to go through it clause by clause if that is what the competitive operating environment for our businesses, minister now prefers, but we did agree that we would particularly some of our small businesses that are take all questions relating to the small business getting hit time and time and time again. They are commissioner, the benefits for small business and the struggling. What steps are you going to take as Minister support for small business as it says in the bill. for Small Business, Innovation and Trade to protect those small businesses? If you want, Minister, I can take you straight to clause 5 — it talks about support for small Mr DALIDAKIS (Minister for Small Business, businesses — but you said at the start you would take Innovation and Trade) — I appreciate Mr Ondarchie’s all questions under clause 1, and when you are under question and the opportunity for me to respond. The the pump, you want to change the rules. This is the question, as generous as it may be, is not one that government all over. When they are under the pump, pertains to clause 1(c). It asks me specifically what I am they want to announce something different or they want going to do, and the legislation before us is about the to say something different. Law and order is out of Small Business Commission.

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Mr ONDARCHIE (Northern Metropolitan) — But do — bears no relation to clause 1 of the bill and the here is the thing. There was a raid on another legislation before us, which is the Small Business Melbourne jewellery store, Holloway Diamonds in Commission Bill 2016. Brighton, on 18 April and a terrifying daylight robbery at Elsternwick’s H&H Jewellery store on Glenhuntly The bill before us deals with moving the Small Road on 4 April. South Yarra’s jewellery store, Business Commissioner Act 2003 into the Small Collections Fine Jewellery, was the victim of a daylight Business Commission Bill 2016. The bill before us robbery on 25 March. A Canterbury jewellery store, looks to provide more functions to the small business Holloway Diamonds, was targeted on 25 March and commissioner in their role of looking after the was previously targeted on 13 January. There was a competitive environment for the small business robbery at the Michael Hill jewellery store in Westfield community in relation to their trading. What I would Plenty Valley in my own electorate, not far from my like to do is move forward with questions in relation to own home, where shoppers were terrified, and a brazen the legislation before us, and I would certainly welcome robbery at IMP Jewellery in Toorak on 15 January, the good faith questioning of Mr Ondarchie to return to which was previously targeted on 25 October 2016. those questions and for me to then be able to directly answer them. Thieves stormed a cigarette shop in Melbourne’s north — a Cignall tobacconist at Miller Street, The DEPUTY PRESIDENT — Order! Thornbury — in broad daylight. There was an Mr Ondarchie, I will let you ask a question of the early-morning cigarette heist at a Bellarine Highway minister, but I would like you to be relevant to business, Freechoice Tobacconist, which has been hit clause 1 — about three times in the last 18 months. Commercial cigarette burglaries of service stations, supermarkets Mr Ondarchie — Well, it is relevant to clause 1. and liquor stores in Mount Martha, Kew, Surrey Hills, The DEPUTY PRESIDENT — and not to ask Mitcham, Maribyrnong and beyond are occurring under about crime anymore. this government’s watch. Axe-wielding bandits have robbed petrol stations in Melbourne’s south-east, such Mr Ondarchie — I will not ask about crime as a Eumemmerring service station, another on North anymore. Road, Murrumbeena — not far from your own office, Minister — and one on Belgrave-Hallam Road in The DEPUTY PRESIDENT — Thank you. Hallam. There was a robbery at a Yarraville service station on 27 March. Masked bandits used a chainsaw Mr ONDARCHIE (Northern Metropolitan) — I in a Clayton South petrol station armed robbery on refer you to clause 1, the third subclause, about ‘a 10 February. South Morang’s Hunting, Fishing and competitive and fair operating environment for small Camping store — across the road from my own business in Victoria’. Minister, I want to ask you about office — was robbed by a masked trio with guns and a the increased costs of energy charges for small sledgehammer on 24 January in 2017, and just businesses, particularly relating to the pressure on small yesterday the BP service station in Diamond Creek had and medium businesses and manufacturing through the an armed robbery. increase in gas and electricity charges through this state. There has been a significant increase in energy charges So my question in relation to a competitive and fair through Labor’s 300 per cent increase in coal charges. operating environment for small businesses is: how can It is hurting small business. In terms of a competitive they possibly operate competitively, fairly and safely and fair operating environment for small business in with this level of crime in Victoria? My question is: Victoria, what are you doing to reduce the energy what are you doing to support them? impost on those businesses?

Mr DALIDAKIS (Minister for Small Business, Mr DALIDAKIS (Minister for Small Business, Innovation and Trade) — I would delight in spending a Innovation and Trade) — For a moment there I thought great deal of time talking about the additional I was going to get a question in relation to clause 1 of 3135 police that the Victorian government are the bill. Unfortunately, at the end of that question recruiting. Whilst I would like to talk about the police Mr Ondarchie reverted to type and he asked me a policies of the government — whilst I would like to do question very specifically about what I am doing in all of that — again let me draw, Deputy President, your relation to the matters that he raised. Whilst the matters attention back to the fact that we are at clause 1 of the that he raised are certainly important to small bill. What the government chooses to do — or what I businesses in Victoria and I certainly do not discount specifically, as Mr Ondarchie very pointedly asked, will

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that fact, the fact remains that they are not relevant to Mr DALIDAKIS (Minister for Small Business, clause 1 of the bill before us. Innovation and Trade) — I thank Mr Ondarchie for his advice and direction as to what I should and should not Mr ONDARCHIE (Northern Metropolitan) — do in my role as the current Minister for Small Deputy President, I gave a commitment I would not Business, Innovation and Trade. However, again it talk about crime any longer, and I will not speak about bears no relation to the Small Business Commission energy any longer. Suffice to say that there has been Bill 2016 before us. ample opportunity so far this afternoon for the minister to genuinely demonstrate that he is supporting small Mr ONDARCHIE (Northern Metropolitan) — business in this state and we are yet to get an answer Actually it does, Minister, and that is the sad part about about what he is doing. this, that you are avoiding accountability here, because it says in your own legislation that the commission has Minister, Victoria now has more public holidays than the capacity — I will not go through it again — to any state in Australia, including New South Wales. It is comment if it is requested by you. It was a simple hurting small business. In terms of clause 1 of the bill, question: would you request them to give you advice on which refers to ‘a competitive and fair operating energy legislation as it affects small business? environment for small business’, have you received any advice from the small business commissioner about the Mr DALIDAKIS (Minister for Small Business, impact of public holidays on small business? Innovation and Trade) — Again, asked and answered.

Mr DALIDAKIS (Minister for Small Business, Mr ONDARCHIE (Northern Metropolitan) — Innovation and Trade) — The nature of discussions or Minister, in the legislation, as I have outlined already, correspondence or issues raised between the small you have the capacity to request comment from the business commissioner and myself bear no relation to Small Business Commission about legislation. Would the legislation before us. Deputy President, I know that you seek advice from the Small Business Commission I continue to make that comment, but unfortunately the in relation to crime? level of questioning continues to be such that it leaves me little room to move as we attempt to debate the Mr DALIDAKIS (Minister for Small Business, Small Business Commission Bill 2016. Innovation and Trade) — That is a hypothetical and has nothing to do with the legislation before us. It has to do Mr ONDARCHIE (Northern Metropolitan) — with the operation of the legislation, should Minister, I remind you of the legislation before us. Mr Ondarchie ever get past his questioning and we get Disappointingly — it is my disappointment to have — to vote on it. you are avoiding comment on your exact legislation. The legislation talks about the capacity for the Small Mr ONDARCHIE (Northern Metropolitan) — So Business Commission to provide comment on the committee stage can be pretty well summed up by legislation that may adversely affect small business, ‘The minister said nothing’. You talk about provided it is undertaken in consultation with the accountability and the minister is quick to point out secretary and requested by the minister. Minister, will details around statistics and figures and things like that. you ask the Small Business Commission to give you When he is asked a direct question, he just avoids it. advice on public holidays? Minister, the government has indicated today — and Mr DALIDAKIS (Minister for Small Business, this goes to the heart of the establishment of the Small Innovation and Trade) — Well, if the opportunity arises Business Commission, so be under no doubt about how insofar as I believe that that advice is warranted, this relevant this is — that it might do a review of the land bill affords me the right to do that. titles office in terms of its capacity to operate as a government entity in Victoria. Will you give an Mr ONDARCHIE (Northern Metropolitan) — assurance to the people of Victoria that the Small Minister, in relation to my previous question about the Business Commission will not go down the same path capacity for the commission to comment on legislation and be considered for privatisation? that may adversely affect small business provided it is undertaken in consultation with the secretary or the Mr DALIDAKIS (Minister for Small Business, minister — in other words, ‘Only tell me if I ask Innovation and Trade) — I can happily take you’ — will you ask the Small Business Commission Mr Ondarchie’s question. As the minister, I cannot say for advice on energy pricing, gas and electricity, for I have ever even contemplated or thought of the small business? position of privatising the Small Business Commission. I am amused by — —

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Mr Ondarchie — Thank you. to bring it forward at that point. We had a legislative backlog as a result of the opposition siding together Mr DALIDAKIS — I have not finished, with their partners in crime, the Greens, in kicking out Mr Ondarchie. I am still talking. I have not even the Leader of the Government in this place for six long contemplated that. I do love the fact that when I came months — unfairly so — denying the people of South into this place members of the opposition suggested Eastern Metropolitan Region the opportunity for their that I had in some respects a greater right-wing elected representative to represent them in this place. economic dogma than some of their own colleagues, As a result of Mr Jennings not having been here — by but the privatisation of the Small Business Commission virtue of that unjust action — there was a range of is something that even I have not contemplated. legislation that needed priority when Mr Jennings re-entered this house. Mr ONDARCHIE (Northern Metropolitan) — Finally, a straight answer. Minister, one of the Mr ONDARCHIE (Northern Metropolitan) — challenges small businesses face, particularly Minister, can I just confirm what you just said, that you employees in small business that you have talked about did not have the capacity as Minister for Small a lot in this place — and I have had some association Business, Innovation and Trade to bring forward the with this indirectly — sadly is the level of bullying that legislation any earlier? happens in small businesses. Will you seek advice from the small business commissioner in relation to any Mr DALIDAKIS (Minister for Small Business, bullying legislation and how it might affect small Innovation and Trade) — No, what I indicated to businesses and their employees? Mr Ondarchie was that, as he understands, there is a whip for the opposition, a whip for the government and Mr DALIDAKIS (Minister for Small Business, the legislative committee and they decide the urgency Innovation and Trade) — Again, I thank Mr Ondarchie of the legislation before this place. As I have indicated, for his question. I will treat it in good faith. The fact there was a backlog of legislation as a result of remains that I have not contemplated the issue that Mr Jennings having been unceremoniously kicked out Mr Ondarchie raises. The issue of bullying, whether it of this chamber for six months. On his return to this be in the workplace or indeed the home, the schoolyard chamber, legislation that was of urgent need was or even simply walking down the street, is one that we prioritised. This bill is important to the small business as a society reject at each and every opportunity. I community. I believe the increased functions are would have to look at the legislation or the issue at the important, although it is worth noting what time before further contemplating using the provision Mr Ondarchie said earlier when he argued that this bill of the legislation as Mr Ondarchie asked. does very little. However, having argued that the bill does very little, Mr Ondarchie now puts the Mr ONDARCHIE (Northern Metropolitan) — counterargument that it is important and should not Thank you for sharing my view, Minister, about the have been delayed for as long as he claims that it has impact of bullying in small business. Minister, this is been. not a terribly difficult question; it just relates to the bill. In your contribution you talked about the 2014 election I am not sure that it is possible to be Arthur and Martha commitments and you then spoke, as small business in the one speech in the Parliament at the same time, minister, about your purported support for small but Mr Ondarchie is attempting to do exactly that. On businesses and making sure that they grow and seek all the one hand he portrays this legislation as basically the opportunities they can. It is a pretty simple question, do-nothing, vanilla-type legislation that adds no value Minister: why did it take so long for this bill to finally and that sees no change, and on the other hand he says come to the house? that we have been delinquent in our responsibilities to the small business community because it has taken a Mr DALIDAKIS (Minister for Small Business, greater period of time to bring the legislation forward to Innovation and Trade) — I thank the member for his debate in this place. Hypocrisy is thy name, question. As much as I wish that I had capacity to Mr Ondarchie, and I do not know how you can answer that as a minister in the government, in reconcile those two competing points of view. No Parliament I am not responsible for the timing of doubt you will try in just a moment, but if we get bringing legislation forward. The legislation was through the committee stage of this bill, then potentially introduced, as the member was aware, back in 2016, we will be able to see the bill enacted, and once it is and for reasons beyond my control we had limited enacted we will be able to see how it actually works. numbers of days leading up to the end of the parliamentary calendar in 2016, so it was not possible

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Mr ONDARCHIE (Northern Metropolitan) — Mr RAMSAY (Western Victoria) — I will not Minister, talk about wanting to have a foot in each elongate this discussion, but the commission now has a camp. There has been a lot of puffery from you about broader range of responsibilities. What I understand your support for small business yet this has taken from the previous conversation is that the budget 886 days to get here. And you claim that you are allocation is the same as last year’s, so I am not quite supporting small business. I have to say to you that in sure how that could be achieved. In fact there was a my second-reading speech I talked about what the bigger call for farm debt mediation between farmers marketplace is saying about the validity and the and bankers from the commission, yet the budget strength of this bill. A number of people said they just allocation is the same and you have also got the do not see what is in it for them, and you have not, commission providing extra services over and above despite many opportunities this afternoon, enunciated what was carried out in the previous year. what you are going to do to support small business. It is disappointing. I know that you are probably pandering Mr DALIDAKIS (Minister for Small Business, to other people on your side of politics, but first and Innovation and Trade) — Again I acknowledge foremost your responsibility is to the small business Mr Ramsay’s concern about the adequate resourcing of people of Victoria, and they are bitterly disappointed the Small Business Commission should the legislation with the crime rate, energy prices, public holidays and be passed and the commission be called thus. I can only this bill that ostensibly does not do a lot and does not tell you, Mr Ramsay, what I told your colleague come with any extra funding. I have no more questions. Mr Ondarchie: that we believe that the small business commissioner currently has been resourced adequately Mr RAMSAY (Western Victoria) — My question to be able to include the new and additional to the minister is in relation to clauses 53 to 69, and responsibilities. I wish to assure Mr Ramsay that farm they refer to the changes — and they are only word debt mediation is a very important part of the services changes; I do appreciate that, Minister — in relation to provided by the current commissioner and hopefully the Farm Debt Mediation Act 2011 replacing the word the soon-to-be Small Business Commission. ‘commissioner’ with the word ‘commission’. That is basically just a follow-on from the act. I am actually Mr RAMSAY (Western Victoria) — Separate from going to ask a serious question in that it is my that, is the commission in relation to reducing costs to understanding that through the dairy crisis of last year small business — — and the year prior and the introduction of the Farm Debt Mediation Act 2011, the small business Mr Dalidakis — Which clause, Mr Ramsay? commissioner at the time had quite a significant role in Mr RAMSAY — I am now talking about clause 1, mediating between farmers and banks. My which I gather envelops the entire bill. In relation to the understanding in relation to the budget allocation of the red tape reduction review, would the minister be so previous year is that that money was nearly fully kind as to indicate when that might be completed and if expended. In fact it only allocated about $2 million, as I in fact there are any significant key findings coming out remember — I stand to be corrected. I am referring to of that review? this clause specifically to allow me to ask a question about the current budget allocation and whether you Mr DALIDAKIS (Minister for Small Business, feel that there is a significant capacity in the budget to Innovation and Trade) — I thank Mr Ramsay for his deal with the ongoing issues surrounding farmers and question. As Mr Ondarchie knows well, I refuse to take bankers in the role now of the commission, no longer questions in relation to other matters of my portfolio the commissioner, in relation to farm debt mediation. responsibilities. The red tape reduction review was mentioned in relation to a number of firsts that Labor Mr DALIDAKIS (Minister for Small Business, governments have a history of having undertaken in Innovation and Trade) — I can advise Mr Ramsay that Victoria, including of course the Small Business it is my intention that there be absolutely no change in Commission Bill 2016 — a first across all jurisdictions the way those programs are delivered through the Small in Australia. So very specifically in relation to the Business Commission. We believe, as does question Mr Ramsay has asked, I would welcome that Mr Ramsay, in providing those mediation services, question come question time. especially for farm debt, and within the dairy industry especially, and that they have access to those services. Clause agreed to; clauses 2 to 72 agreed to. We do not expect there to be any change, and we expect resourcing to be sufficient to meet the demand. Reported to house without amendment. Absolutely. Report adopted.

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Third reading used instead of this expansion. But certainly we do not want it. If I have not made it clear enough, we in the Motion agreed to. western suburbs do not want this tip to go ahead. So I ask the minister to hurry up, to make a decision and to Read third time. make that decision very, very strongly against the expansion of this tip. The people of the western suburbs ADJOURNMENT demand it, and we expect nothing less. (Minister for Small Business, Mr DALIDAKIS Public transport disability access Innovation and Trade) — I move:

That the house do now adjourn. Ms DUNN (Eastern Metropolitan) — My adjournment matter is for the Minister for Public Melbourne Regional Landfill Transport. In launching new tram route 58 the Minister for Public Transport celebrated the provision of Mr FINN (Western Metropolitan) — I wish to raise low-floor trams in the hospital precinct for people in a matter this evening for the attention of the Minister wheelchairs or scooters. It was also lauded for for Planning. It concerns a significant issue in the interchanging with Flagstaff station. However, there are western suburbs of Melbourne. It is an issue that I have no platform stops at Flagstaff station, so wheelchair raised before, and it is an issue that is now coming users who arrive by train cannot board the trams. In fact finally, it would seem, to a culmination, because the the only places that wheelchair users can board the issue of the Cleanaway tip at Ravenhall is currently on trams are at the hospital, the casino, the Domain the minister’s desk. I wish to inform the minister, if he interchange and the end of the line at Glenferrie Road, is not already aware, that the people of the western Toorak. Should wheelchair or scooter users actually get suburbs do not want this tip and do not, under any on a tram at the hospital, they cannot get off the tram. circumstances, want this tip expansion. They do not want the current tip, much less having the thing I note that across the tram network only 23 per cent of expanded to something that could be seen from the stops are compliant with the federal Disability moon. This would be, if the government and the Discrimination Act 1992, which means the target of minister were to approve it, a massive assault on the 90 per cent set for the end of 2017 will be missed by a western suburbs of Melbourne. very wide margin. The action I seek is that the minister immediately ensure compliance with the Disability I know, and I have explained to this house before, the Discrimination Act by making sure all CBD stops on detrimental health effects on people living in Caroline tram route 58 are converted to meet the expectations of Springs, Deer Park and the surrounds of the current tip. commuters with a disability to be able to board the tram The expansion that we are talking about, I understand, network at Flagstaff station. would bring in some significant money for the government, and that is clearly what is driving this from Police numbers the government’s point of view, but the people in that area and my constituents in the western suburbs do not Mr MORRIS (Western Victoria) — My want it — they do not want the thing. adjournment matter this evening is for the attention of the Minister for Police, and it pertains to the number of We are sick to death of being the dumping ground of police officers who have currently been allocated to the Melbourne. The western suburbs should not be the Ballarat police service area and indeed the reduction we dumping ground of Melbourne, and this government have seen over the time that Daniel Andrews has been has to take a stand. Enough is enough. This proposed the Premier of this fine state. expansion of the tip would make the western suburbs, or a large proportion of the western suburbs, a stinking Mr Finn — A very long time. hole in the ground, a threat to health, certainly a threat Mr MORRIS — It does feel like a very long time, to humanity, a threat to nearby housing and something Mr Finn — much longer than it has been. that is just totally unacceptable to any reasonable person. I note that in the recent past two additional police stations have been opened, the Ballarat West and If the minister wishes to advise his colleague on what to Ballarat North police stations, which the former Liberal do with the garbage, then there are a whole range of government was very pleased to build and open so that things that can be looked at, including high-temperature there were at least the physical buildings required in incineration of rubbish, which could quite possibly be Ballarat to ensure that the police had places to be. What

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is unfortunate, however, is that in the time that Daniel provided funding for a number of not-for-profit Andrews has been the Premier of this fine state we have organisations such as Step Back Think, Neighbourhood seen a net reduction in the number of frontline Watch and Crime Stoppers. uniformed police officers in Ballarat. We have seen a reduction of nearly eight full-time equivalent police Recently, after I spoke out about the need to close down officers — 7.79 full-time equivalents — which the Gatwick Hotel in St Kilda, I was contacted by a represents a 5.82 per cent decrease in the number of resident who told me of his grave concerns about the police. One might say, ‘Well, that is maybe because Newton Reserve. He lives very close to it and is a there has not been an increase in crime in Ballarat’, but long-term resident of St Kilda. He has lived in his that guess would be wrong. current home for around 10 years and moved back to St Kilda from another part of Melbourne. St Kilda is Since Daniel Andrews has been in power we have seen where he grew up and he has a lot of love for the area, an 18.2 per cent rise in crime in Ballarat, and these are and because of that he is upset about the increasing not just your standard shoplifting-type offences. In the effect of crime and drug use on his neighbourhood. suburbs of Alfredton and Ballarat North we have seen a 108 per cent increase in the number of aggravated I have visited the Newton Reserve and have seen the burglaries. Aggravated burglary was something that effects of the problems that the resident described. It was basically unheard of under the former Liberal could be a great park, but its location and current government. When Daniel Andrews came to power he landscaping give lots of scope for people to literally cut the number of police officers who were protecting hide in the dark corners. People buy drugs nearby and the community of Ballarat, and as a result we are seeing then shoot up at the reserve. There are bins for needles, the number of offences that are occurring skyrocketing. but these are often ignored. Prostitutes service their It is not just aggravated burglary rates that have clients there, and residents endure a lot of night-time increased; arson has gone up 34 per cent just in the last noise. There is a lot of shouting and screaming. year. Dangerous and negligent acts endangering people Sometimes it sounds like people are being attacked or have gone up nearly 50 per cent — 49.43 per cent to be raped. Sometimes residents call the police, who almost exact. What we have seen in Ballarat have been never arrive promptly — for which residents do not skyrocketing crime rates and families that have been blame the police, who they know are overworked and subjected to unthinkable crimes, and while all this is underresourced. happening we are seeing Daniel Andrews cutting the number of police officers protecting the community. Despite all this, Newton Reserve is a much-loved local park that is used by many residents of all ages — The action I seek is that the minister ensure that including children, as it has an entrance to the Victoria Police are provided with the resources required children’s adventure park. This particularly worries to ensure that police numbers in Ballarat are not cut but residents because, aside from their concerns about indeed increased to combat the scourge of crime that is safety in the park, especially for young children, there is currently being inflicted upon the people of Ballarat. also the mess left behind from the activities that I have described. When residents go out the next day, on the Newton Reserve, St Kilda ground in the park they see needles, used condoms and human excrement on a regular basis. One resident told Ms FITZHERBERT (Southern Metropolitan) — me that he would love to kick a footy in the park he My adjournment matter tonight is for the Minister for knew as a child with his own grandson, but the needles Police, in the absence of a minister for crime and so on make it impossible. prevention, and it concerns Newton Reserve in St Kilda. The previous coalition government had a Residents have formed an action group and are looking dedicated crime prevention portfolio. This was about at solutions, including additional lighting that will shine partnerships with local communities to respond to into some of the dark corners of the park at night, to issues of crime and perceptions of crime. The portfolio deter some of this behaviour. Another suggestion is to was axed by Labor, although the opposition has install gates and lock the park at night. Minister, what maintained a community safety portfolio. When the support can the state government offer the community coalition was in government the portfolio funded around the Newton Reserve so that they can make their CCTV systems; public space upgrades using crime park safer and cleaner for everyone? prevention through environmental design principles; graffiti removal; and small-scale security upgrades for community assets such as improved locks, lights and fencing for town halls et cetera. The portfolio also

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Geelong–Melbourne rail service RULINGS BY THE CHAIR Mr RAMSAY (Western Victoria) — My Questions on notice adjournment matter tonight is for the Minister for Planning, and the matter I wish to have the minister The PRESIDENT — Order! Before we adjourn, I action is the allocation of funding for the planning and indicate that Ms Wooldridge wrote to me in respect of feasibility of a fast train service between Geelong and responses to various questions on notice to the Minister Melbourne. I do that on the basis that there is no for Health and Minister for Ambulance Services in the allocation in this current budget for any sort of planning other place. The questions are numbered as follows: or feasibility work in relation to a fast train from 7705; 7707; 10 549, parts (4), (5) and (6); 10 183, Geelong to Southern Cross. parts (4) and (5); 10 185, parts (2), (3) and (4); 10 186, part (2); 10 187, part (1); 10 188; 10 189; 10 190; and It has been clearly identified that the regional rail link is 10 191. at near full capacity. The Wyndham Vale, Tarneit and Caroline Springs stations are now included in the As Ms Wooldridge requested, I have looked at those service. The fact that the dedicated track from questions and the answers that were provided, and I Warrnambool to Geelong to Melbourne to Southern determine that those questions should be reinstated. Cross now goes through those three stations means that it is now nearly at full capacity. On that basis, the house stands adjourned.

There is a genuine need for those living in regional House adjourned 6.04 p.m. until Tuesday, 9 May. south-west Victoria and Geelong who are travelling to Melbourne to have a fast train service. This could be done using old track through Werribee and Altona North to provide a fast rail service to Southern Cross, in cooperation with Melbourne Metro rail.

The action I seek from the minister is that he provide funding to do a full planning feasibility study and business case to see if a fast train service of 30 minutes, at 200 kilometres an hour, between Geelong and Melbourne is achievable.

Responses

Ms PULFORD (Minister for Agriculture) — I have adjournment matters this evening raised by five members — interestingly, all five are to ministers whose portfolios start with the letter ‘P’. Mr Finn and Mr Ramsay raised matters for the Minister for Planning, and I will seek responses from Minister Wynne. Mr Morris and Ms Fitzherbert raised matters for the Minister for Police, and I will seek a response from Minister Neville. Ms Dunn raised a matter for the Minister for Public Transport, and I will seek a response from Minister Allan.

I have a two-page list of written responses to the adjournment matters of various members.

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WRITTEN RESPONSES TO QUESTIONS WITHOUT NOTICE

Responses have been incorporated in the form provided to Hansard and received in the period shown. 24 March to 2 May 2017

Desalination plant

Question asked by: Mr Barber Directed to: Special Minister of State Asked on: 23 February 2017

RESPONSE TO SUBSTANTIVE QUESTION:

The Victorian Desalination Plant will form a critical part of our non-rainfall dependent water supply.

During the plant’s re-energisation on 11 December 2016, the Gas Insulated Switchgear (GIS) that links the power cable to the desalination plant was damaged. The damage has meant that the plant has been unable to operate.

Melbourne’s storages are more than 109 gigalitres lower than this time two years ago. The 50 gigalitre order is necessary to put a buffer in our storages. The fall just in January and February was 74 gigalitres.

Aquasure has advised that permanent power was restored to the plant on Friday morning, 3 March after repair works had been undertaken. Aquasure is now commencing preparation to deliver the Government’s 50GL water order.

RESPONSE TO SUPPLEMENTARY QUESTION:

The Government is not aware of any other technical issues that would impact the plant’s ability to produce water.

Duck season

Question asked by: Ms Pennicuik Directed to: Minister for Agriculture Asked on: 22 March 2017

RESPONSE:

During the duck season, at specified times, entry into and remaining in all State Game Reserves and specified hunting areas is restricted.

Among others, people over the age of 12 holding a valid game and firearms licence are permitted to enter and remain in those areas.

The Victorian Government recognises that hunting is a recreational and social activity. As such, parents or responsible adults permitted to enter and remain in specified hunting areas might, from time to time, accompany children under the age of 12.

However, people must be at least 12 years of age to obtain a game licence (or provisional licence that is valid for one year). Juniors (between 12 and 17 years of age), hunting with a Provisional Game licence, must be under the direct supervision of an adult holding a valid Game Licence for the species being hunted.

Juniors can also obtain a firearm licence in Victoria when they are aged between 12 and 17 years. Among other requirements, they can only carry and use that firearm under the immediate supervision of an adult with a full licence for the same category of firearm.

Authorised Officers and Victoria Police members are on site at hunting areas during the season to keep these areas safe and ensure that all relevant laws and regulations are complied with.

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All Authorised Officers assisting in duck hunting compliance are appropriately accredited and trained. In particular, they undertake training in the laws specific to duck hunting before being given field duties, including in laws relating to who is permitted to enter and remain in restricted areas.

To ensure a consistent approach across different government agencies and geographical locations, Authorised Officers undertake their duties in accordance with Standard Operating Procedures and approved Operational Plans. To ensure currency, immediately prior to entering the field, all Authorised Officers attend operational briefings to inform them of any seasonal changes and address any operational matters.

Drug law reform

Question asked by: Ms Hartland Directed to: Minister for Families and Children Asked on: 22 March 2017

RESPONSE:

The Andrews Labor Government is committed to reducing harm to individuals, families and the broader community associated with drug use. That is why this year alone, the government has invested more than $19 million to support evidence-based initiatives designed to reduce the harm to people who currently use alcohol and other drugs.

Over the last six months the government has announced more than $1.7 million in additional funding to support a range of measures that will help to reduce drug related harm and fatal overdoses across Victoria. This includes funding for the establishment of a peer-led networks trial, which will deliver peer-led harm reduction initiatives in six hotspot areas across Victoria. It also includes funding to expand outreach services, enhance overdose prevention education, and improve accessibility and use of Naloxone, increasing the availability of this lifesaving medication to more Victorians in need.

As you would be aware, on 22 February 2017 the government supported a motion to refer the Drugs, Poisons and Controlled Substances Amendment (Pilot Medically Supervised Injecting Centre) Bill 2017 to the Legal and Social Issues Committee of Parliament for review and consideration.

In addition, the Victorian Law Reform, Road and Community Safety Committee has commenced an inquiry into Drug Law Reform, which will examine the effectiveness of laws, procedures and regulations relating to illicit and synthetic drugs and the misuse of prescription medication in minimising drug-related health, social and economic harm. It would be within the scope of this inquiry to examine the issues you have raised.

The government will carefully consider the recommendations of these committees when they report back in September 2017 and March 2018, respectively.

Port Phillip Prison

Question asked by: Mr O’Donohue Directed to: Minister for Corrections Asked on: 23 March 2017

RESPONSE TO SUBSTANTIVE QUESTION:

As stated in the house, there are investigations live into this incident and it is inappropriate to comment further.

Both Victoria Police and the Office of Correctional Services Review are currently looking into the incident.

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Duck season

Question asked by: Mr Young Directed to: Minister for Agriculture Asked on: 23 March 2017

RESPONSE:

The Sustainable Hunting Action Plan (SHAP) is a $5.3 million investment to support game hunting’s long term sustainable growth in Victoria. The objectives of the SHAP are to promote responsible hunting, grow hunting’s benefits, improve hunting opportunities and ensure sustainable hunting.

The SHAP includes a number of actions which will provide better hunting access and promote regional hunting opportunities across Victoria.

The Winton Wetlands is reserved for public purposes under Section 4(1) of the Crown Land (Reserves) Act 1978 for the restoration of wetlands, recreation and tourism.

The Winton Wetlands Committee of Management (WWCM), which was appointed under the Crown Land (Reserves) Act 1978 in 2009, is responsible for setting the permitted activities at Winton Wetlands.

The WWCM made the decision to ban duck hunting at the site under its powers to create by-laws in the Crown Land (Reserves) Act 1978.

Decisions regarding the permitted activities at Winton Wetlands, including hunting, will continue to be made by the WWCM.

Child protection

Question asked by: Ms Crozier Directed to: Minister for Families and Children Asked on: 23 March 2017

RESPONSE: In respect of the matter the member has referred to, as this is subject to a current court hearing, it would be inappropriate to comment further at this stage.

I am advised that there has been one occasion in the last two years where the department has detected possible child pornography on a departmental device.

This staff member’s role did not include any contact with children, nor was he employed in a child protection role.

The staff member’s employment with the department was terminated and a referral was made to Victoria Police. The department is unable to comment further on matters reported to Victoria Police.

Since 2011 the department has conducted an IT screening program for pro-active detection of improper conduct including pornography.

In circumstances where the department identifies pornographic or inappropriate material on departmental devices, the department:

– reports any potential criminal conduct to police;

– where there is a risk to clients and potential misconduct, stands down the employee from the work place effective immediately;

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– conducts an investigation where there is potential misconduct to determine an appropriate disciplinary outcome, such as termination of employment;

– where relevant makes a report to the Department of Justice and Regulation’s Working with Children’s Check Unit; and

– where relevant makes a referral to the Disability Worker Exclusion Scheme Unit.

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ANSWERS TO CONSTITUENCY QUESTIONS

Answers have been incorporated in the form supplied by the departments on behalf of the appropriate ministers and received by Hansard in the period shown. 24 March to 2 May 2017

Western Victoria Region

Question asked by: Mr Morris Directed to: Minister for Police Asked on: 6 December 2016

ANSWER:

There has been no reduction in frontline police. The community of Ballarat continues to receive a 24-hour police response. The decision of how and where resources are deployed is appropriately a matter for the Chief Commissioner of Police.

The Government has responded to current community concerns with a comprehensive strategy to prevent, detect and disrupt crime. The Community Safety Statement, released in December 2016 outlines the range of new investments, powers, tools and capability that Victoria Police will be equipped with to stabilise the crime rate and begin to reduce the level of harm being caused in the community

Central to the Community Safety Statement is boosting of police numbers right across the state. In total, the Andrews Labor Government is funding 3135 additional frontline police, including 415 specialist family violence officers, over the next five years to support police respond to crime in our communities.

It is the biggest boost to frontline police in Victoria’s history, and it is crucial to dealing with the growing demand on police services, particularly the challenges of repeat youth offenders, increasing aggravated burglaries, high-volume crime such as car theft, and family violence.

Victoria Police has developed a new and sophisticated staff allocation model, in consultation with The Police Association, so we know how many police are needed and where. It will also help police predict how many will be needed in the future–so they can start planning for them now.

The Government will continue to work with the Chief Commissioner to tackle the complex law and order challenges we see today, to give Victoria Police the resources they need to keep our community safe now, and into the future.

Western Victoria Region

Question asked by: Mr Morris Directed to: Minister for Education Asked on: 7 February 2017

ANSWER:

Consultation is a high priority for the Andrews Labor Government and has been throughout the entire review of the Regulations. In May 2016, the Department of Education and Training made a public call for submissions on the Regulations. Since the first consultation period, the Department has met with various stakeholders to discuss the proposed Regulations, including on multiple occasions with representatives of the Home Education Network. All of the stakeholder feedback has been considered in preparing the proposed Regulations and the Regulatory Impact Statement which was released in December.

The Regulations were released for comment on 21st December 2016 so that there could be an extended consultation period of 69 days, as opposed to the minimum required 28 days. Through this consultation period, the Department received submissions from stakeholders, including home schooling families and other stakeholders. All

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of these submissions are being taken into account. The Department has also met with key stakeholders to discuss the proposed changes. The consultation process has been ongoing since May 2016, and I will proceed as planned to ensure that the sunsetting regulations are replaced by the middle of the year.

Western Victoria Region

Question asked by: Mr Ramsay Directed to: Minister for Police Asked on: 7 February 2017

ANSWER:

Residents of Lara continue to receive a 24-hour police response. Lara police station is staffed during the day and there have been no changes to its hours. As with other smaller police stations, when counter service is not offered, it is because the police members are out on patrol.

Since becoming Police Minister I have spent time speaking with police officers out at police stations, as well as with victims of crime, to understand what’s going on in our community.

What we know is that there is both pressure on our police, as well as concern and harm in our communities. It is a challenge, and one I have acknowledged from the start.

That is why the Andrews Labor Government has responded with a comprehensive strategy to prevent, detect and disrupt crime. The Community Safety Statement, released in December 2016 outlines the range of new investment, powers, tools and capability that Victoria Police will be equipped with to stabilise the crime rate and begin to reduce the level of harm being caused in the community.

Central to the Community Safety Statement is boosting of police numbers right across the state. In total, the Andrews Labor Government is funding 3135 additional frontline police over the next five years to support police respond to crime in our communities.

These new officers are the biggest boost to frontline police in Victoria’s history, and are crucial to dealing with the growing demand on police services.

Southern Metropolitan Region

Question asked by: Mr Davis Directed to: Minister for Planning Asked on: 8 February 2017

ANSWER:

The terms “preliminary works” and “proprietary works” are not used in the Environment Effects Act 1978 or in Amendment GC45 to the Melbourne, Maribyrnong, Port Phillip and Stonnington planning schemes. For the purposes of this answer, I assume that the question relates to gazetted “enabling works” or “preparatory works” as defined in clause 4.12 of the incorporated document included in GC45.

Preparatory works are those that would not have been subject to a planning permit in the absence of the incorporated document. Clause 4.12 of the incorporated document provides for preparatory works to commence prior to the approval of the project’s environmental management framework and urban design strategy (amongst other instruments).

The final product of the EES process was my assessment of the project’s environmental effects. In making my assessment, I referred to the project’s EES (published for public comment in May 2016), the 379 submissions received in response to the EES, and the 360 additional documents tabled during the course of the Inquiry/Advisory Committee (IAC) hearing process and the IAC’s report.

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My assessment, the IAC’s report and Amendment GC45 have all been published and are available on the Department of Environment, Land, Water and Planning’s website.

Western Victoria Region

Question asked by: Mr Purcell Directed to: Minister for Roads and Road Safety Asked on: 8 February 2017

ANSWER:

I am pleased to advise the Member for Western Victoria that safety upgrade works in Koroit commenced on 27 March 2017 which include improvements to the pedestrian crossing outside the Koroit and District Primary School. It is expected that these works will be completed by the end of April 2017.

Northern Metropolitan Region

Question asked by: Ms Patten Directed to: Minister for Families and Children Asked on: 9 February 2017

ANSWER:

The Victorian Government acknowledges the specific challenges of workers in the sex industry who have been impacted by family violence, other male violence and sexual assault.

The Victorian Government is aware that there are a range of views and approaches in relation to the most meaningful way to support workers currently in the sex industry, including those trafficked into the industry.

Project Respect provides case management and support services to women who have been trafficked into sexual exploitation. As such they are uniquely placed to provide support to women in the sex industry who are particularly vulnerable and difficult to reach.

Funding to Project Respect will focus on providing counselling support to women who work in the sex industry who experience family violence or sexual assault, acknowledging the extra barriers they often experience accessing these vital support services.

The funding provided is not for Project Respect’s advocacy campaigns and the Andrews Labor Government has not changed its position regarding legal sex work in Victoria.

Eastern Victoria Region

Question asked by: Mr O’Donohue Directed to: Minister for Public Transport Asked on: 9 February 2017

ANSWER: Unlike the previous Liberal Government who slashed funding for bus services, the Andrews Labor Government has committed $100 million to build a better bus network across. Victoria.

The Department of Economic Development, Jobs, Transport and Resources (DEDJTR), regularly assesses bus networks across Victoria, to ensure routes and services best meet the needs of local communities.

The Department will take residential growth in Pakenham into consideration when undertaking future planning.

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Eastern Victoria Region

Question asked by: Ms Bath Directed to: Minister for Health Asked on: 9 February 2017

ANSWER:

Most Victorian families protect their children by getting them immunised. But research shows there is a small but significant group of children whose immunisations are not up to date, not because their families are anti-vaccination but because they are struggling with social or economic disadvantage or family crisis.

The purpose of the 16 week grace period is to make sure these disadvantaged and vulnerable children can access early childhood services while their families are linked up to the support and immunisation services they need. It should be remembered that unimmunised children will be excluded from early childhood services in the event that another child has a serious infectious disease, such as measles. The Department of Health and Human Services is working with the Department of Education and Training and early childhood services to make sure that the 16 week grace period operates as it was intended — to get more children immunised.

We are determined to reach that crucial 95 per cent immunisation coverage we need to provide herd immunity to protect the most vulnerable Victorian children. Since coming into government the Andrews Labor Government has reinstated the Parent Whooping Cough Vaccination program which was axed by the former Liberal Government, expanded access to immunisation by the commencement of the Pharmacist Administered Vaccination Program, invested in communications to promote the benefits of immunisation to the community and introduced the No Jab No Play policy to protect children in our early childhood settings.

And it is working. After 12 months of the No Jab No Play laws being in place, rates of immunisation have risen in Victoria, across all childhood vaccination age points, with, for example 94.1 per cent of five year olds fully immunised as at 31 December 2016, compared to 93.17 percent as at 31 December 2015. The current Victorian figure is above the Australian average of 93.5 per cent.

Western Metropolitan Region

Question asked by: Mr Finn Directed to: Minister for Families and Children Asked on: 9 February 2017

ANSWER:

The Victorian Government is working closely with Wyndham City Council and wants to hear all views and opinions. We are consulting widely to ensure the local community is actively engaged throughout this project.

Most recently on 24 February, the Treasurer and I met with Wyndham City Council, community representatives and other stakeholders that have an interest in the new youth justice facility.

This was a productive meeting and one of many that the Government will have with community representatives over the coming weeks and months.

Prior to that, departmental representatives met with the CEO of Wyndham City Council, Ms Grigsby to discuss alternative sites in the Wyndham area.

Residents and businesses in the vicinity are also being contacted directly. In the interim a dedicated information line is available on 1800 630 738, if you or fellow residents have specific questions or comments.

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Western Metropolitan Region

Question asked by: Mr Melhem Directed to: Minister for Emergency Services Asked on: 21 February 2017

ANSWER:

The Victorian Government is committed to supporting the significant contribution of its emergency services volunteers, through much needed investment in equipment, training and development, community engagement and education, and, facility improvements.

The $15 million Emergency Services Volunteer Sustainability Grants Program was established to ensure emergency services volunteers can continue to deliver their crucial work to keep Victorians safe.

As you note, Victoria State Emergency Service units, Life Saving Victoria clubs and Marine Search and Rescue providers in the Western Metropolitan Region have been the beneficiaries of grants under the first round of the scheme. This valuable funding will assist these organisations to enhance operational capability, encourage retention and growth of volunteers, and provide further benefit to the community to prepare for, respond to, and recover from emergencies. The recipients will use these grants for a range of purposes including the purchase of tools for training and development, back-up generators, trailers, lighting systems, surf rescue boards, safety equipment including defibrillators and life jackets, remote control gates, fencing, and materials for facility improvements.

As the scheme was oversubscribed, it was closed on 8 March 2017. However, applications received prior to this date are being assessed and will be announced in the near future.

A list of grant recipients is available at www.emv.vic.gov.au/esvsgrants

Western Metropolitan Region

Question asked by: Mr Finn Directed to: Minister for Families and Children Asked on: 21 February 2017

ANSWER:

Following close consultation with Wyndham City Council, the Victorian Government made an announcement on 15 March confirming that an alternative site within Wyndham has been identified for Victoria’s new youth justice facility.

The announcement follows the Government’s commitment to examine alternative sites for the new facility within Wyndham in response to feedback from the local community about the preferred Hoppers Lane South site.

The new site is located west of Werribee, in the vicinity of Cherry Creek and has been assessed as suitable based on the same business case criteria applied to the assessment of the Hoppers Lane South site and been considered by the Government, Council and other relevant authorities. The project will be delivered to the same budget and timeline.

The whole site is approximately 60 hectares and is bordered by an existing quarry and the Wyndham Refuse Disposal Centre to the east, the Melbourne-Geelong railway line to the north, the Princess Freeway to the south and private land (earmarked for a future quarry) to the west. The site is currently vacant land of which parts are used for grazing and crop cultivation. Werribee station is approximately 11km away and Little River station is approximately 6km away.

By working in close collaboration with Wyndham City Council and community representatives, the Government has found a solution that meets the needs of the community and satisfies the detailed site criteria outlined in the business case.

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Now that the location for the new facility is confirmed, community engagement sessions will be held before Easter to provide the Wyndham community with the opportunity to hear more about the project and the new site for the facility.

Over the coming days we will also be advertising for nominations from local community representatives wanting to be part of the Community Advisory Group (CAG) for this project.

A map of the new site at Cherry Creek, further information about the identification of the alternative site and a summary of the business case and related information about this project is available on the Department of Health and Human Services website.

Eastern Metropolitan Region

Question asked by: Ms Dunn Directed to: Minister for Local Government Asked on: 21 February 2017

ANSWER:

I understand the Nillumbik Shire Council has recently reviewed its system of council committees following the 2016 general elections. As part of this, I understand the council has resolved to establish a new special committee called the Future Nillumbik Committee, which will make decisions on planning and other matters.

Special committees can be established by councils to deal with matters under delegated authority, enabling council business to be transacted in a timely and orderly way. These committees are mostly bound by the same rules that apply to council meetings, including the requirement that they be open to the public and that committee members are bound by conflict of interest rules.

I encourage every council that utilises special committees, to ensure that their decision making is comprehensively transparent and that public access is maintained as a priority. Where councils also decide to delegate decision making powers to their members of staff, it is imperative that checks and balances are placed on the exercise of those delegations to ensure that any decision is not made in a way that prevents appropriate public scrutiny.

Western Victoria Region

Question asked by: Mr Morris Directed to: Minister for Health Asked on: 21 February 2017

ANSWER:

Thanks to the strong advocacy of the Member for Wendouree, Sharon Knight and Member for Buninyong, Geoff Howard, I’m pleased to advise you that the Andrews Labor Government will begin planning for the next stage of development at Ballarat Health Services, including the fit-out of a shell space in the revamped hospital with even more operating suites.

Ballarat Health Services has been funded for four projects from the first round of the Labor Government’s $200 million Regional Health Infrastructure Fund-the largest fund of its kind in Victorian history.

At Ballarat Base Hospital we are providing $1 million to start planning for future needs of the Health Service including the fit out of a shell space on level one of the new Drummond Street building, which will enable the expansion of the existing Bolte Building “hot floor” and includes additional theatres and support space.

The Regional Health Infrastructure Fund is also providing $1.5 million to replace six laparoscopic cameras in the existing operating suites, ensuring patients can access the very latest medical technology and enjoy better health outcomes.

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Meanwhile at the Queen Elizabeth Centre, the Regional Health Infrastructure Fund is providing $1.32 million to replace chillers and $150 225 to expand wireless networks. This new engineering infrastructure will improve efficiency and reliability for staff and patients.

The $46.4 million redevelopment of Ballarat Base Hospital features a new main entry to the hospital, an extra 30 acute beds, a helipad and new multi-level car park. This makes navigating the hospital much easier for patients, visitors and staff with better access to all areas from one central point.

The new Drummond Street Building has been named the Gardiner-Pittard Building in honour of two pioneering women, Helen Gardiner and Mary Pittard who, in 1928, became the first women elected to the hospital board.

Construction is also underway on the hospital’s second cardiac catheterisation laboratory. We have provided $10 million to the project that will give people across western Victoria better access to cardiac surgery and care.

Western Victoria Region

Question asked by: Mr Purcell Directed to: Minister for Local Government Asked on: 22 February 2017

ANSWER:

The Victorian Electoral Commission is responsible for the conduct of all council elections including non-voter enforcement. As part of this, the VEC is required to send out ‘apparent failure to vote notices’ to all voters who were required to vote at an election but did not do so. The notice requires a statement from the voter as to whether he or she has a sufficient excuse for not voting and if so, what the excuse is.

Any person who received this notice with respect to the 2016 local government general elections should complete and submit the notice as directed by the VEC. If anyone requires further information on this matter, they should contact the VEC as soon as possible.,

With regard to the process for sending failure to vote notices, the VEC advises that it has no evidence or trend to suggest any errors or miscalculations have been made in the number of apparent failure to vote notices issued in any part of the state. The Commission also notes voter turnout and non-voter notices in the 2016 general elections are comparable with those from the previous elections in 2012.

Eastern Metropolitan Region

Question asked by: Ms Dunn Directed to: Minister for Consumer Affairs, Gaming and Liquor Regulation Asked on: 22 February 2017

ANSWER:

The Residential Tenancies Act 1997 (the Act) provides protections for people living in caravan and residential parks. Residency arrangements in parks cannot be terminated except in accordance with the requirements under the Act, which provide for certain notice periods to be observed before a resident is expected to vacate.

Consumer Affairs Victoria monitors compliance with tenancy laws specific to parks, focusing on excessive and undisclosed charges and terminations, and also has an ongoing education and support program to inform residents of the rights and park operators of their obligations.

The Government is committed to strengthening protections for caravan park residents and moveable dwelling owners renting sites in residential parks. Terminations and rights of park residents where a park closes have been raised as issues under consideration in the government’s review of the Act. The rights of park residents were also considered in the separate Parliamentary Inquiry into the Retirement Housing Sector (the Inquiry).

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Options reforming existing regulation of parks under the Act were deferred until the completion of the Inquiry, to ensure a comprehensive response to regulatory challenges in the sector. With the release of the Inquiry’s report on 7 March 2017, the Government will resume development in the second half of 2017 on a series of appropriate responses to issues raised by stakeholders within the parks sector as part of its Plan for Fairer, Safer Housing.

This response, outlined in the Government’s Homes for Victorians strategy document, will give stronger protections resetting, where necessary, the balance of rights and responsibilities between operators and residents. A key outcome will be to make sure residents have enough time to find somewhere else to live when a caravan park is to close, and ensuring park owners take appropriate steps to provide assistance to vulnerable residents needing to relocate.

I also understand that the Knox City Council (KCC) has formed a committee consisting of KCC, Eastern Community Legal Centre, Department of Health and Human Services, UnitingCare Harrison, Eastern Access Community Health, and Consumer Affairs Victoria. The purpose of this committee is to ensure a coordinated approach among the agencies in helping residents find new accommodation, and to ensure that any concerns raised by the residents are quickly and appropriately addressed by the relevant agency. Eastern Community Legal Centre is providing legal advice to the residents on their rights, and Consumer Affairs Victoria is monitoring compliance by the caravan park operator with the law. The committee is dedicated to ensuring there is a smooth transition for the residents as they leave the caravan park. The committee meets on a fortnightly basis to discuss the situation confronting the residents.

Northern Metropolitan Region

Question asked by: Mr Ondarchie Directed to: Minister for Roads and Road Safety Asked on: 22 February 2017

ANSWER:

As part of an election commitment, in late 2015 VicRoads introduced a trial curfew for trucks on roads in north east Melbourne, including Rosanna Road. The curfews aim to strike a balance for the local community and truck operators by addressing community concerns about safety and traffic volumes.

VicRoads undertook traffic counts before and after the introduction of the curfew throughout the north east area.

Following extensive investigation and community consultation, it was determined to modify the curfew by lifting the minimum truck weight restriction from 4.5 tonnes to 16.5 tonnes. This change will allow smaller trucks and delivery vehicles to move through the area at night to undertake their journeys while noisy and bigger trucks remain restricted by the curfew. This will also reduce the number of trucks using roads nearby.

The amended weight restriction will help protect the safety and amenity of local residents while also reducing the impact to local businesses, industry and residents in neighbouring areas such as Darebin and the northern metropolitan region.

Eastern Victoria Region

Question asked by: Ms Bath Directed to: Minister for Agriculture Asked on: 23 February 2017

ANSWER:

The Domestic Animals Amendment (Puppy Farms and Pet Shops) Bill 2016 legislation is being reassessed in order to deliver on the Andrews Government’s election commitments.

Amendments are being developed in consultation with a broad range of stakeholders.

I previously met with the proprietor of Banksia Park on two occasions while developing the Bill.

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Western Metropolitan Region

Question asked by: Ms Hartland Directed to: Minister for Roads and Road Safety Asked on: 23 February 2017

ANSWER:

The Western Distributor will improve liveability in the inner west by getting thousands of trucks off residential streets and onto the freeway network by providing a more direct, efficient route to the Port of Melbourne.

The implementation of further truck curfews in the inner west is being considered as part of the Western Distributor project’s Environment Effects Statement, in particular through the traffic impact assessment. The Victorian Government has initiated industry forums and community groups to plan and manage the implementation of any additional truck curfews to ensure we achieve a balanced outcome.

Tolls for the Western Distributor have not been set, and the Government is negotiating with Transurban to get the best possible outcome for Victorians. Freight trucks will have strong incentives to use the freeway including time savings, reduced wear and tear, and more direct connections to the Port.

Southern Metropolitan Region

Question asked by: Mr Davis Directed to: Minister for Roads and Road Safety Asked on: 23 February 2017

ANSWER:

The Victorian Government is partnering with Transurban to deliver the Western Distributor Project and address some of our city’s most critical traffic growth and liveability challenges, including relieving traffic congestion in the south east.

Currently, an incident on the West Gate Bridge stops traffic on the M1 in both directions, with traffic queues extending along the Monash Freeway past Warrigal Road and travel times tripling.

The Western Distributor will provide a vital second river crossing and get thousands of trucks off the West Gate Bridge, improving safety and freeing up capacity on the Ml. Work is also underway to upgrade the Monash Freeway by adding more than 30 kilometres of new freeway lanes and installing new technology to keep traffic flowing smoothly. This will mean faster, safer and more reliable journeys for 200 000 motorists from the southeast every day.

The Western Distributor business case found that together with the Monash Freeway Upgrade, it would deliver an $11 billion economic boost to Victoria and strong benefits for transport across the freeway network. On this basis, the Victorian Government is committed to the project and will continue to negotiate with Transurban to reach the best possible outcome for Victorians.

Northern Victoria Region

Question asked by: Ms Lovell Directed to: Minister for Public Transport Asked on: 23 February 2017

ANSWER:

The 2016-17 State Budget invested $1.3 billion to make regional rail services more frequent and reliable, and position the whole system for the longer-term expansion our growing regions will eventually need.

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The Andrew Labor Government has spent $280 million on 27 new V/Locity carriages, on top of the 21 carriages ordered in the 2015-16 Budget. This is in direct contrast to the previous government, who failed to order a single carriage in two years and ripped $120 million out of V/Line.

Southern Metropolitan Region

Question asked by: Ms Fitzherbert Directed to: Minister for Training and Skills Asked on: 23 February 2017

ANSWER:

Administrators for the Sage Institute announced on 10 March 2017 that it had entered liquidation and ceased trading in Victoria following similar decisions in NSW and Queensland.

To minimise disruption and make sure all students are looked after, the Department has contacted affected Victorian government funded students, providing information to assist them in transferring to a TAFE or other Training Provider of their choice.

I would like to make it clear to all Victorian government funded students that their eligibility for a government-subsided place is not going to be impacted by the closure of this RTO.

Should these students seek to continue their training at a TAFE, arrangements are also in place to waive future tuition fees.

Any student who wants to discuss their training options can visit the Victorian Skills Gateway or call the TAFE and Training Line during business hours on 131 823 for support.

The majority of students in Victoria were undertaking training under the Commonwealth Government’s VET FEE HELP/VET Student Loans program.

These students are therefore able to access assistance through a Tuition Assurance Scheme administered by the Australian Council for Private Education and Training (ACPET). Students may contact ACPET toll free on 1800 657 644. ACPET can assist students regarding options for continuing training and the possible refunding of fees.

I have raised the issue of support for VET FEE HELP/VET Student Loan students directly with the Commonwealth to seek their public commitment to seeing every possible assistance is offered. Not just by established processes but by direct and meaningful intervention and funding support.

Eastern Metropolitan Region

Question asked by: Ms Wooldridge Directed to: Minister for Roads and Road Safety Asked on: 23 February 2017

ANSWER:

VicRoads conducted significant consultation with the community, councils and other key stakeholders prior to finalising the project scope. In addition, VicRoads has and will continue to ensure the community is kept adequately informed regarding detailed design, project updates and traffic management arrangements during construction.

In late 2015, two community sessions were held to discuss concerns along Bolton Street and gain community insight prior to developing the business case. One of the key risks identified by the community was safety for all road users, particularly vulnerable road users such as pedestrians and cyclists. In June 2016, another community session was held where two options were presented. Both options included the reduction of speed from 60km/h to 50km/h and truck bans for through trucks. In addition to the two community sessions, all project scope details were shared through the Community Feedback Report disseminated in December 2016. VicRoads organised two further

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on-site community information sessions on 4 March 2017 to share the functional designs and project details with the community.

Northern Victoria Region

Question asked by: Mr O’Sullivan Directed to: Minister for Public Transport Asked on: 23 February 2017

ANSWER:

The Victorian Government’s Commercial Passenger Vehicle reforms will reduce the cost of taxi fares across Victoria. The reforms remove annual licencing costs, which are up to $11 000 in regional Victoria.

As the Member for Northern Victoria is aware the National Party in the Legislative Assembly has supported the Government’s changes to licensing and to allow for ridesharing companies such as Uber to operate in regional Victoria. The Government rejected the proposed amendments from the Liberal and National Opposition that attempted to remove the capacity to provide $494 million in financial assistance to the existing industry.

I assume that National Party Members support the statement from their Coalition colleague, the Shadow Minister for Public Transport David Hodgett, that the Government’s financial assistance is a “slush fund to buy the votes of licence holders”. If the Member for Northern Victoria believes that regional taxi operators should receive financial assistance then he can vote against these Liberal Party amendments in the Legislative Council.

Cross jurisdictional issues already exist with New South Wales and Victoria having different commercial passenger vehicle regulatory environments. The regulations that apply to a particular trip are based where the trip begins and this situation will remain. New South Wales is also bringing in a levy but is not removing the annual licensing costs for taxis. With taxi prices remaining regulated in New South Wales it is expected that fares in Victoria will be cheaper.

Northern Victoria Region

Question asked by: Ms Lovell Directed to: Minister for Public Transport Asked on: 7 March 2017

ANSWER: The Regional Network Development Plan consultations undertaken in 2015, highlighted a clear desire from both the Member for Shepparton and the local community for more rail services. Accordingly, the Andrews Labor Government’s 2016/17 budget provided funding for an additional Shepparton rail service every day of the week.

The Local Member for Shepparton, Suzanna Sheed has been a strong advocate for better services for the Shepparton community.

While subsequent consultation determined a preference to extend the 4:31 PM Melbourne departure to Seymour through to Shepparton, constraints on the corridor (including the single track line between Seymour and Shepparton) meant that this also required a later departure time for the 6:22 PM train service.

Timetable development is a process that requires a number of infrastructure, scheduling and demand constraints to be considered. Options that may be available to help reduce the weekday gap in services between the last two Shepparton services are being considered as part of the future timetable development process.

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Eastern Victoria Region

Question asked by: Mr Mulino Directed to: Minister for Local Government Asked on: 7 March 2017

ANSWER:

I thank the member representing Eastern Victoria Region, Daniel Mulino MP, for his question and I was delighted that he could represent me at the official opening of the Heatherbrae Recreation Reserve Pavilion in Officer on 24 March 2017.

The event marked the official opening of the facility to the community and local user groups including football, tennis and netball clubs.

Construction of the Heatherbrae Recreation Reserve Pavilion was completed in October 2016 and local community and user groups could access the centre on 9 February 2017.

This facility was built thanks to a $2 million contribution under the 2015-16 Growing Suburbs Fund and a $767 000 contribution from Cardinia Shire Council. The facility was delivered ahead of time and delivers a multi-use facility that will meet the future needs of the growing Cardinia community.

Eastern Metropolitan Region

Question asked by: Mr Leane Directed to: Minister for Health Asked on: 7 March 2017

ANSWER:

When completed in early 2018, the Maroondah Breast Cancer Centre is expected to deliver services to an additional 25 000 women every year in Melbourne’s east. It will bring together and expand a range of services previously provided from different locations, including the Maroondah BreastScreen clinic, and will feature modern rooms for mammography, ultrasound, radiographers, medical image reading, allied health and clinical consulting services.

BreastScreen Victoria will encourage women from Forest Hill, Nunawading, Mitcham, Vermont, Vermont South, Ringwood, Ringwood North, Warrandyte South, Warranwood, Heathmont, Ringwood East, Croydon, Croydon Hills, Croydon North, Croydon South, Wantirna, Wantirna South, Bayswater and Bayswater North to attend the centre for their free breast screen every two years. The centre will also expand BreastScreen’s follow-up and assessment capabilities in the broader eastern region.

Western Metropolitan Region

Question asked by: Mr Melhem Directed to: Minister for Multicultural Affairs Asked on: 7 March 2017

ANSWER:

Recruit Smarter is an initiative of the Victorian Government to tackle unconscious bias in recruitment practices in Victoria.

Recruit Smarter brings together prominent Australian businesses, organisations and researchers under the banner of Victorian Government leadership and evidence-based innovation in policymaking.

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This initiative is about removing barriers to ensure that prospective workers can get the jobs that they have the skills, experience and qualifications to do regardless of their background, gender or age. It is also about ensuring that businesses in Victoria can make the most of the diverse talent pool that exists within our state.

On 20 February 2017, I launched the Recruit Smarter pilot program together with representatives from participating organisations.

Over the next 18 months, the pilot program will see the 35 public, private, academic and non-government organisations that comprise the initiative, working innovatively together to trial different ways to stop unconscious bias influencing the recruitment process in Victoria.

The outcomes of these trials will provide important evidence to establish best practice standards and provide an even playing field for all Victorians, supporting them to realise their maximum potential.

It is now well established that diversity in the work place has a positive impact on productivity, innovation and client services. Businesses today realise the importance of reflecting the diversity of the communities that use their goods or services.

Our State, Victorian businesses and the economy will benefit if everyone has an equal opportunity to participate. This is not only the best outcome for individuals and their families — it’s the best outcome for Victoria.

Western Metropolitan Region

Question asked by: Mr Finn Directed to: Minister for Families and Children Asked on: 7 March 2017

ANSWER:

Following close consultation with Wyndham City Council, the Victorian Government made an announcement on 15 March confirming that an alternative site within Wyndham has been identified for Victoria’s new youth justice facility.

The announcement follows the Government’s commitment to examine alternative sites for the new facility within Wyndham in response to feedback from the local community about the preferred Hoppers Lane South site.

The new site is located west of Werribee, in the vicinity of Cherry Creek and has been assessed as suitable based on the same business case criteria applied to the assessment of the Hoppers Lane South site and been considered by the Government, Council and other relevant authorities. The project will be delivered to the same budget and timeline.

The whole site is approximately 60 hectares and is bordered by an existing quarry and the Wyndham Refuse Disposal Centre to the east, the Melbourne-Geelong railway line to the north, the Princess Freeway to the south and private land (earmarked for a future quarry) to the west. The site is currently vacant land of which parts are used for grazing and crop cultivation. Werribee station is approximately 11km away and Little River station is approximately 6km away.

By working in close collaboration with Wyndham City Council and community representatives, the Government has found a solution that meets the needs of the community and satisfies the detailed site criteria outlined in the business case.

Now that the location for the new facility is confirmed, community engagement sessions will be held before Easter to provide the Wyndham community with the opportunity to hear more about the project and the new site for the facility.

Over the coming days we will also be advertising for nominations from local community representatives wanting to be part of the Community Advisory Group (CAG) for this project.

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A map of the new site at Cherry Creek, further information about the identification of the alternative site and a summary of the business case and related information about this project is available on the Department of Health and Human Services website.

Southern Metropolitan Region

Question asked by: Ms Fitzherbert Directed to: Minister for Public Transport Asked on: 7 March 2017

ANSWER:

Tunnel boring machines (TBMs) can be more than 100 metres long and weigh up to 1000 tonnes. These massive machines will be delivered to Metro Tunnel work sites in sections and lowered by two cranes into ‘launch shafts’, where the full machines will be assembled underground. This process can take up to two weeks to complete.

TBMs are anticipated to arrive at Metro Tunnel launch sites from mid-2018 to early-2019.

The Metro Tunnel Project is not the first project to use oversize machinery in the inner city, and similar projects around the world such as Crossrail in London have successfully lowered TBMs into launch shafts in busy urban environments.

Western Victoria Region

Question asked by: Mr Ramsay Directed to: Minister for Emergency Services Asked on: 7 March 2017

ANSWER:

The Government appreciates the efforts of the Golden Plains Shire Council to identify potential opportunities to improve facilities for members of the Country Fire Authority (CFA) and Victoria State Emergency Service (VICSES).

The proposal for Bannockburn is one of a number of similar proposals for co-location or improved facilities for emergency service organisations. Wherever possible, emergency services agencies are encouraged to work together when considering new development, upgrades or extensions in the same area.

Emergency Management Victoria (EMV) is engaging with all relevant agencies to discuss each of their requirements and intentions in Bannockburn at present and in the future. EMV will shortly organise a multi-agency discussion to determine the viability of an emergency services complex as recommended by the Golden Plains Shire Council.

Thank you for raising this matter with me.

Southern Metropolitan Region

Question asked by: Ms Crozier Directed to: Minister for Public Transport Asked on: 7 March 2017

ANSWER: Public Transport Victoria (PTV) aims to ensure that passengers are provided with a range of options to allow Myki’s to be purchased or topped up before travelling.

Following a suitability analysis of the Myki coverage in the McKinnon area, it was determined that at this point in time, the coverage available to passengers is sufficient.

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Passengers in the McKinnon Area can buy and top up their Myki’s at the following destinations:

– McKinnon Station Myki Machine

– On board all buses on Route 626

– Bentleigh Newsagency-359 Centre Rd, McKinnon (approx. 1.0km from McKinnon Station)

– Amcal Ormond Pharmacy-517 North Rd, Ormond (approx. 1.0km from McKinnon Station)

– 7-Eleven McKinnon-711 Tucker Rd, McKinnon (approx. 1.2km from McKinnon Station)

Passengers are further supported through the option to buy and top up online by visiting https://www.ptv.vic.gov.au/, calling 1800 800 007 or by signing up for ‘auto top up’.

Eastern Metropolitan Region

Question asked by: Ms Wooldridge Directed to: Minister for Roads and Road Safety Asked on: 8 March 2017

ANSWER:

Over recent years, VicRoads has been working with stakeholders, including the Nillumbik Shire Council, to help identify transport priority needs across the metropolitan north west region.

VicRoads advises me that a review of the crash history for the above intersection between 1 January 2012 and 31 December 2016 (latest five-year period), indicated one “reported” casualty crash at this site in 2013 (when the former government was in power).

VicRoads will continue to monitor this location and will continue to speak with local stakeholders about the need for any improvements required at this intersection.

Southern Metropolitan Region

Question asked by: Ms Pennicuik Directed to: Minister for Housing, Disability and Ageing Asked on: 8 March 2017

ANSWER: The Gatwick has long passed its time as a place that housed vulnerable people in safe and appropriate circumstances.

This can be a very stressful and confusing time for residents and we want to ensure that is managed appropriately and that residents are treated with respect during this transition period.

The Government commissioned St Kilda Community Housing to help current residents move to safe and more stable housing over the coming months. This is expected to include rooming houses, public housing, other forms of social housing and some private rental assistance programs.

$2.7 billion of investment and support has been delivered to assist the most vulnerable in our community, create new permanent housing and provide the necessary help for people who are experiencing, or at risk of, homelessness.

As part of this investment the Government recently announced an additional $20 million upgrade of rooming houses in Victoria. It will provide upgraded modern and safe accommodation rooming houses in a number of locations across the State, including in South Melbourne.

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This builds on the previous $10 million announced in 2016, part of which has supported the redevelopment of the Elenara rooming house in St Kilda.

Northern Metropolitan Region

Question asked by: Mr Ondarchie Directed to: Minister for Education Asked on: 8 March 2017

ANSWER:

The Andrews Labor Government is delivering on its election commitment to build a secondary school in Edgars Creek. I note that the previous Liberal Government did nothing in respect to the provision of Secondary Schools in Epping North, so I welcome your new found interest in this matter.

The Victorian School Building Authority is working closely with its regional office, local schools and local school communities to ensure there is a plan for education provision for all local students in the 2018 school year, and beyond.

Western Metropolitan Region

Question asked by: Mr Eideh Directed to: Minister for Energy, Environment and Climate Change Asked on: 8 March 2017

ANSWER:

I thank Mr Eideh for his question regarding the planting and placement of gum trees in state schools and public parks within his electorate.

This matter falls under the portfolio responsibilities of the Minister for Education and the Minister for Local Government. As such, the question will need to be raised with one of the responsible Ministers to ensure it is given full consideration.

Western Victoria Region

Question asked by: Mr Morris Directed to: Treasurer Asked on: 8 March 2017

ANSWER:

Dear Mr Morris

Thank you for your constituency question in relation to the relocation of VicRoads Headquarters to Ballarat.

The Andrews Labor Government is committed to driving job creation in regional Victoria, including Ballarat.

The Regional Jobs and Infrastructure Fund has funded the redevelopment of the Eureka Stadium and Ballarat Sports Precinct. The fund also contributes to the revitalisation of Ballarat’s historic station precinct and surrounding area. The Government has worked with the City of Ballarat to create the Ballarat West Economic Zone to support the region’s economic and job growth over the next 20 years. The Regional Tourism and Infrastructure Fund is supporting the establishment of an Australian Craft Beer Centre of Excellence in Ballarat. The Andrews Labor Government has invested $325 million to create jobs in the regions, which includes the creation of the Ballarat Innovation Lab and Digital Space. Ballarat is also the recipient of four projects from the first round of the $200 million Regional Health Infrastructure Fund.

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The 2016-17 Budget included $518 million to upgrade the Ballarat rail line as part of a $1.3 billion investment into projects to improve Victoria’s regional transport system. Since the Labor Government came to office, 19 additional X’Trapolis trainsets have been ordered from Alstom’s Ballarat based construction facility.

This long list of initiatives has brought jobs and growth to Ballarat, and regional Victoria more broadly.

The latest data shows a strengthening labour market in regional Victoria including Ballarat. Employment in the Ballarat region has increased by over 11 000 persons or 15.9 per cent between November 2014 and January 2017. Over the same period, the unemployment rate in the Ballarat region has fallen from 6.9 per cent to 3.6 per cent. (A three month moving average has been applied to the monthly data as only non-seasonally adjusted figures are available).

The plan to relocate VicRoads to Ballarat, as identified in the question, was a plan of the former government. The Andrews Labor Government will continue to assess options for job creation in Victoria. The Government is committed to maintaining the strong jobs growth in the region by continuing to create job opportunities.

Northern Victoria Region

Question asked by: Mr Young Directed to: Minister for Agriculture Asked on: 8 March 2017

ANSWER:

The production of Game Hunting in Victoria–A manual for responsible and sustainable hunting is an important milestone. It clearly demonstrates the Government’s commitment to game hunters by providing improved education and training as outlined in the Sustainable Hunting Action Plan 2016-2020.

The manual was mailed to all Victorian Game Licence holders and replaces the previous annual Victorian Hunting Guide. The manual will not be mailed out annually. It will however, ultimately be made available as an e-book with even more information, including instructional video clips. Further updated versions of the e-book will be posted on the GMA website.

Both the manual and the letter accompanying the manual clearly state that hunting arrangements do change from time to time. It is incumbent on responsible hunters to ensure they are aware of current hunting arrangements. The GMA website should be checked regularly to ensure hunters have the most up-to-date information on game hunting and seasonal arrangements. Responsible hunters without access to the internet can contact the GMA directly by telephoning the Customer Service Centre on 136 186.

On 3 January 2017, I announced a standard duck hunting season for 2017 with the only alteration being the banning of the hunting of Blue-winged Shovelers. In addition to my media release, the GMA included this information on its website and the Game Hunting Victoria smartphone app was updated to reflect the banning of the hunting of Blue-winged Shovelers for 2017.

It would not be practical to erect signs to reflect every seasonal arrangement on every lake and reserve in Victoria. I am confident that the measures taken to inform the hunting community about the banning of the hunting of Blue-winged Shovelers for 2017 are appropriate.

Northern Victoria Region

Question asked by: Ms Lovell Directed to: Minister for Water Asked on: 8 March 2017

ANSWER: I would like to acknowledge the strong advocacy of Ms Jaclyn Symes, the Member for Northern Victoria, on behalf of the people of Heathcote. In response to concerns raised by the community, Ms Symes and community

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representatives from the town were hosted by Coliban Water to tour the Heathcote Water Treatment Plant and learn about the water treatment process at Heathcote.

Coliban Water undertook a number of measures in order to communicate with customers during the Heathcote water quality incident. A specific Heathcote Water Quality webpage was created to inform customers about complaints relating to discolouration, taste and odour, and its cause, and to assure customers that the water was safe for drinking, bathing and food preparation. The website also provided information on how customers could request mains flushing if they were concerned about their water.

In addition to a media release, social media updates and direct mail to customers, Coliban Water also conducted two community visits to Heathcote on 13 and 16 January 2017. The visits were attended by representatives from the water quality and customer service teams to discuss any concerns customers wished to raise.

Coliban Water does however acknowledge that it must manage the Heathcote drinking water supply better, and has committed to proactively advising Heathcote residents of any changes to source water.

Coliban Water has developed an action plan which will be implemented at the Heathcote Water Treatment Plant over the next 12 months.

The water being provided to Heathcote is being treated appropriately, is safe to drink and meets all drinking water guidelines.

The primary sources of water supply to the town of Heathcote are Caledonia Reservoir and Lake Eppalock. However, water can also be sourced from Sandhurst Reservoir in the Upper Coliban System or from the Goldfields Superpipe during periods of water shortage. Due to the deterioration of the water quality at Caledonia Reservoir and Lake Eppalock, the Heathcote Water Treatment Plant has been supplied with water from Sandhurst Reservoir in the Upper Coliban System since 5 January 2017.

Chlorine is an effective disinfectant that is widely used across Victoria to ensure that water supplies are safe to drink. A small amount of chlorine is added to the treated water to disinfect and provide a final barrier against contamination as the water travels to individual properties. Maintaining this small amount of residual chlorine in a water supply system is also important to protect against contamination of the water if pipes burst or break.

The chlorine that Coliban Water uses is of a very high quality and is specifically designed for use in drinking water. The amount of chlorine added to the water is continuously monitored by Coliban Water and complies with the guideline values for chlorine specified in the Australian Drinking Water Guidelines 2011. Within these guidelines, the use of chlorine as a disinfectant poses no risk to customers’ health. Since some customers are more sensitive to the taste and odour of chlorine, Coliban Water endeavours to minimise the amount of chlorine that it adds to drinking water.

Western Metropolitan Region

Question asked by: Mr Finn Directed to: Minister for Families and Children Asked on: 8 March 2017

ANSWER:

Following close consultation with Wyndham City Council, the Victorian Government made an announcement on 15 March confirming that an alternative site within Wyndham has been identified for Victoria’s new youth justice facility.

The announcement follows the Government’s commitment to examine alternative sites for the new facility within Wyndham in response to feedback from the local community about the preferred Hoppers Lane South site.

The new site is located west of Werribee, in the vicinity of Cherry Creek and has been assessed as suitable based on the same business case criteria applied to the assessment of the Hoppers Lane South site and been considered by

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the Government, Council and other relevant authorities. The project will be delivered to the same budget and timeline.

The whole site is approximately 60 hectares and is bordered by an existing quarry and the Wyndham Refuse Disposal Centre to the east, the Melbourne-Geelong railway line to the north, the Princess Freeway to the south and private land (earmarked for a future quarry) to the west. The site is currently vacant land of which parts are used for grazing and crop cultivation. Werribee station is approximately 11km away and Little River station is approximately 6km away.

By working in close collaboration with Wyndham City Council and community representatives, the Government has found a solution that meets the needs of the community and satisfies the detailed site criteria outlined in the business case.

Now that the location for the new facility is confirmed, community engagement sessions will be held before Easter to provide the Wyndham community with the opportunity to hear more about the project and the new site for the facility.

Over the coming days we will also be advertising for nominations from local community representatives wanting to be part of the Community Advisory Group (CAG) for this project.

A map of the new site at Cherry Creek, further information about the identification of the alternative site and a summary of the business case and related information about this project is available on the Department of Health and Human Services website.

Eastern Metropolitan Region

Question asked by: Ms Wooldridge Directed to: Minister for Public Transport Asked on: 9 March 2017

ANSWER:

I would like to thank the Member for Eastern Metropolitan region for her constituency question on the Andrews Labor Government’s level crossing removal program and suggestions for others to be removed by our Government.

The Andrews Labor Government is making substantial progress on removing the 50 most dangerous and congested level crossings across Melbourne. Ten of these congested deathtraps are already gone, 13 are currently under construction–including two on the Hurstbridge line, and another five level crossings removals are due to start during the course of this year.

We will consider the removal of additional sites, such as these two in Eltham, in the future as part of our ongoing work to reduce congestion, increase safety and improve public transport through the removal of dangerous level crossings.

Northern Metropolitan Region

Question asked by: Ms Patten Directed to: Minister for Housing, Disability and Ageing Asked on: 9 March 2017

ANSWER:

The Absolutely everyone: state disability plan 2017-2020 was released by the Andrews Labor Government in December last year. Absolutely everyone outlines how we will work to create an inclusive Victoria which supports people with a disability to live satisfying everyday lives.

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However, in Victoria responsibility for the Disabled Persons Parking Scheme Code sits with the Minister for Roads and Road Safety. VicRoads has carriage of the Code, with Victoria’s 79 local councils individually administering the scheme on behalf of the Minister. Any consideration of the need for a review should therefore be directed to the Minister for Roads and Road Safety, the Hon Luke Donellan MP.

Northern Victoria Region

Question asked by: Mr O’Sullivan Directed to: Minister for Agriculture Asked on: 9 March 2017

ANSWER: Decisions on wetland closures were made consistent with the provisions of the Wildlife Act 1975, and on the advice of the Game Management Authority.

Northern Victoria Region

Question asked by: Ms Lovell Directed to: Minister for Roads and Road Safety Asked on: 9 March 2017

ANSWER:

VicRoads is currently reviewing options to improve safety at this intersection as a priority.

Western Victoria Region

Question asked by: Mr Purcell Directed to: Minister for Regional Development Asked on: 9 March 2017

ANSWER:

I thank the Member for Western Victoria for his question. I agreed to Mr Purcell’s request and was able to join him on a recent visit to Tower Hill on 10 March where I took the opportunity to meet with concerned members of the local community to discuss this matter. I thank Mr Purcell for organising this visit.

It was clear to me from the discussion the community wanted Moyne Shire Council and Telstra to consider moving the tower to a more suitable location away from the Tower Hill reserve. Taking into account community views is always important and I support any reasonable compromise that can be found between Council, Telstra and the community.

I am confident that the Council has in place the appropriate process to consider this matter.

Western Metropolitan Region

Question asked by: Ms Hartland Directed to: Minister for Roads and Road Safety Asked on: 9 March 2017

ANSWER:

VicRoads is currently preparing to complete the next stage of works at the Napier Street bridge in Footscray. Funding of $1.1 million has been approved to implement an over-height vehicle detection and warning system on both approaches to the bridge. This will significantly reduce the likelihood of bridge strikes at this location.

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VicRoads installed a protection beam to reduce the consequence of a truck striking the bridge and shedding its load onto a vulnerable pedestrian or cyclist who is travelling on the footpath next to the over-height vehicle. This solution was an interim measure and that an additional solution to reduce the number of bridge strikes was needed.

VicRoads is currently developing an over-height vehicle detection system and expects to complete it by the end of 2017.

Western Metropolitan Region

Question asked by: Mr Finn Directed to: Minister for Roads and Road Safety Asked on: 9 March 2017

ANSWER:

The Government recognises that Wyndham residents encounter traffic congestion on the road network and is working closely with key stakeholders, including the Wyndham City Council, on delivering various transport priorities.

On 8 November 2016, the Andrews Labor Government announced the $1.8 billion western package of the Outer Suburban Arterial Roads Program. This includes eight high priority road upgrades that are either within or benefit residents of the City of Wyndham. These upgrades will be delivered within five years, with the maintenance and rehabilitation continuing for a further 20 years.

The upgrades will involve a combination of duplication and widening works to western arterial roads including:

– Dunnings Road and Palmers Road from Point Cook Road to the Princes Freeway in Point Cook;

– Palmers Road from the Princes Freeway to the Western Freeway in Truganina;

– Derrimut Road from Sayers Road to Dohertys Road in Tarneit;

– Leakes Road from Fitzgerald Road to Derrimut Road in Truganina;

– Dohertys Road from Fitzgerald Road to Grieve Parade in Laverton North;

– Dohertys Road from Foundation Road to Palmers Road in Truganina;

– Princes Freeway/Forsyth Road interchange in Hoppers Crossing; and

– Duncans Road interchange in Werribee/Werribee South.

Although this package does not include Point Cook Road, VicRoads anticipates that improvements to the surrounding road network will help ease congestion on Point Cook Road.

The package will transform the outer-western road network by boosting capacity and improving road pavement conditions with intersection upgrades, almost 30 kilometres of lane duplication and road maintenance.

In addition to those planned improvements, the construction of the $45 million full-diamond interchange on the Princes Freeway at Sneydes Road in Werribee is now complete. VicRoads expects that the new interchange will reduce traffic pressure on other nearby routes such as Palmers Road, Forsyth Road and Point Cook Road.

VicRoads has also developed a proposal to duplicate Point Cook Road between Dunnings Road and Sneydes Road in Point Cook, which includes the signalisation of the intersection of Point Cook Road and Sneydes Road. This proposal has been submitted for funding consideration.

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A number of transport improvements have also been delivered in the City of Wyndham or are currently underway. These include:

– $1.9 million to widen the Princes Freeway off-ramp onto Forsyth Road in Hoppers Crossing to reduce the length of traffic queues on the ramp. Works are expected to be completed in late 2017;

– $3.61 million contribution for improvement works on Palmers Road and Dunnings Road, with the Wyndham City Council contributing a further $3.1 million towards these improvements. The works provide an additional northbound bus and multi-occupant lane on Palmers Road, improving access to the Princes Freeway and the Williams Landing train station. Works are expected to be completed in early 2017; and

– Allocating nearly $2 million to ease congestion for residents in Tarneit by upgrading the Leakes Road/Derrimut Road intersection and improve access to the Tarneit train station. VicRoads expects works to commence in early 2017 and be completed in late 2017.

In addition to improving traffic flow and easing congestion, the Government is also committed to the removal of 50 of the most dangerous and congested level crossings on the metropolitan rail network over the next eight years. This includes the Aviation Road, Cherry Street and Werribee Street level crossings in Wyndham.

Eastern Victoria Region

Question asked by: Ms Bath Directed to: Minister for Agriculture Asked on: 9 March 2017

ANSWER:

The decision to shift supply from Murray Goulburn to Bega Cheese was undertaken from a research farm cost perspective, based on the price the research farm received for milk.

The change to Bega Cheese ensures that Ellinbank still supplies an Australian company and the milk will be processed in Gippsland. Bega Cheese is a significant employer and, with its subsidiary Tatura Milk, provides significant support and employment to the dairy industry in Victoria.

Bega Cheese has a strong focus on supplying milk to the domestic market, which will result in greater value to farmers and Victoria.

The Ellinbank Dairy Research Centre has a good working relationship with Bega Cheese and the supply of milk will underpin ongoing collaborative research.

Southern Metropolitan Region

Question asked by: Mr Davis Directed to: Treasurer Asked on: 9 March 2017

ANSWER:

Transurban’s Western Distributor market-led proposal is currently being assessed at Stage Four (exclusive negotiations) of the Market-led Proposals Guideline.

The Western Distributor project is a network wide solution to Melbourne’s transport problems, comprising three key components spanning the east-west M1. corridor:

– Webb Dock Access Improvements;

– Monash Freeway Upgrade; and

– Western Distributor.

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The matter of extending Transurban’s CityLink concession, and the amount Transurban will pay to contribute to the construction costs of the Western Distributor project, is currently the subject of commercial negotiation between the State and Transurban.

The final value of the CityLink concession extension will be determined by, among other things, the final tendered cost of the design and construct contracts for the Western Distributor project, including the Monash Freeway Upgrade, and the tolling framework adopted by the State to maximise the Western Distributor’s network benefits.

Northern Victoria Region

Question asked by: Ms Lovell Directed to: Minister for Roads and Road Safety Asked on: 21 March 2017

ANSWER:

VicRoads advises me that it is currently investigating options to improve the safety of this section of road and will present any safety improvements to the community for feedback before VicRoads implements them. In the meantime, VicRoads will continue to monitor this section of road.

Eastern Victoria Region

Question asked by: Mr Mulino Directed to: Minister for Education Asked on: 21 March 2017

ANSWER: Thank you for your question and your commitment to education in Eastern Victoria. As you know, the Andrews Labor Government’s first two State Budgets delivered the largest education package on record to Victoria’s schools. We have invested $1.8 billion into school buildings across the State, and $13 million into the construction of the new Gum Scrub Creek Primary School.

A new primary school is badly needed in the high-growth area of Officer, and the Andrews Labor Government is meeting that need. I was delighted to join you turning the sod on this exciting new school construction project. We are now a step closer to having access to a brand new primary school for the families living there, and the ones that will move there in the future.

Gum Scrub Creek Primary School will be part of the Officer Education Precinct, which will allow students to transition from an early learning centre, to primary school, and finally to high school on the same site. The school precinct will have a strong community focus and a close integration with the adjacent public recreational reserve.

I am advised the works are on track for completion in December 2017, with the new school ready for operation for Term 1 of 2018. I look forward to visiting again with you once construction is complete.

Eastern Victoria Region

Question asked by: Ms Bath Directed to: Premier Asked on: 21 March 2017

ANSWER:

As is often the case, your assertions, and those of your Liberal and National colleagues, are riddled with error.

There is no reason for the Heyfield mill to close.

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As you are aware, an offer was made to ASH for a three year contract consisting of one year’s timber supply at 80 000m3 and two years at 60 000m3. The offer also included a $5 million industry support package including support for a business case for retooling.

The terms offered to ASH are based on the advice of Victoria’s independent forestry agency VicForests. VicForests have a legislative obligation to manage Victoria’s forests sustainably and in the long term interests of Victoria’s forest industries.

VicForests’ consistent, independent advice to Government has been that it was not able to offer ASH an agreement for greater timber volumes, without risking the future of Victoria’s timber industry.

We have been consistent in following and conveying the independent advice of VicForests. This appears to be in stark contrast to the previous Government.

The CEO of Hermal Group, the Heyfield mill owners, Clinton Tilley has stated ‘… the prior state Government promised they would do certain things. Peter Walsh allowed a contract to be signed with us and then did not sign the indemnity at the close of Government … he is the biggest liar you will ever come across …’.

This Labor Government remains committed to the Heyfield mill remaining operational as it plays a vital role in the local community and across the timber products industry, including in the Latrobe Valley.

After being advised of ASH’s decision to reject the proposed timber supply agreement, we requested that ASH management work with Government to facilitate the sale of the Heyfield mill to a new operator to safeguard an equitable and fair outcome for workers and the community.

In the event that a new operator cannot be found, the Government is prepared to ensure that operations at the Heyfield mill continue as per the same commercial terms offered to ASH today.

The Government will investigate all options to achieve this objective, and pending an independent evaluation, does not rule out assuming operation of the mill at a fair and reasonable value in the event that it becomes necessary.

On Wednesday 29th March I met with a delegation of ASH workers to reaffirm this Government’s commitment to keeping the mill open.

I have also spoken with Mr Wilkes on a number of occasions and as I said I hope to visit the ASH Heyfield mill. Government ministers have also met with workers of the ASH mill a number of times, including recent meetings at Parliament during the 21st to 23rd March sitting week. Our Government is keen to engage with workers and the company to ensure the future of this local community.

This Government’s priority is always about protecting local jobs.

Western Metropolitan Region

Question asked by: Mr Melhem Directed to: Minister for Families and Children Asked on: 21 March 2017

ANSWER:

I am informed that

A vast range of programs in the Youth Affairs portfolio support young people to actively participate and volunteer in their local community including in Melbourne’s growing western suburbs.

I can advise the member that more than $1.4 million is being invested in 2017 by the Andrews Labor Government in Youth Affairs programs across the member’s Western Metropolitan Region electorate.

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Recently I visited the Jennings Street School in Laverton where I announced that the Andrews Labor Government is providing $4.46 million in funding to over 430 secondary schools across Victoria, providing young people with the opportunity to volunteer and get involved in their local communities in 2017 through the Advance program.

Advance uses an experiential learning model to support young people to stay engaged in education. This enables students to work on projects in partnership with local community organisations and complete class-based learning modules in project management, communication and community, and develop leadership, teamwork and problem solving skills.

In addition to the Advance program, the FReeZA program provides young Victorians aged 12 to 25 the opportunity to enjoy music, artistic and recreational events in their local community. Events are fully supervised and drug, alcohol and smoke-free. Funding is provided to local governments and community organisations to support FReeZA committees of young people to plan and stage over 400 events each year. In 2017, seven organisations across the western metropolitan region will share in $163 200 in FReeZA funding.

The 2015-17 Engage! Program, comprising funding of $4.1 million per annum, continues to strengthen young people’s connections to their community, build their decision making skills and engage them in civic, social and economic activities. Eleven organisations in the western metropolitan region will receive a total of $425 000 in 2017.

Further to this, as part of the new $875 000 Aboriginal Youth Mentoring Program, $120 000 is being provided to Wayapa Wuurrk Aboriginal Wellness Foundation in Wyndham to deliver a mentoring program for young Aboriginal men.

The new Empower Youth program is also being delivered in areas experiencing social and economic disadvantage. Eight organisations-including in the western metropolitan region — will engage youth workers to provide intensive, coordinated support to young people to strengthen their health and wellbeing, their connection to community, their engagement in education and training and their pathways to employment. Two organisations in the western metropolitan region will receive a total of $229 999.

As part of National Youth Week: the biggest annual celebration of young people throughout Australia, funding from the Andrews Labor Government is also being provided to deliver events to 12 organisations in the western metropolitan region who will receive a total of $24 000.

I commend the member for his long held interest in community participation and volunteering opportunities for young people living in his electorate.

Western Metropolitan Region

Question asked by: Mr Finn Directed to: Minister for Families and Children Asked on: 21 March 2017

ANSWER:

As I have previously stated, the Victorian Government made an announcement on 15 March confirming that an alternative site within Wyndham has been identified for Victoria’s new youth justice facility-in close collaboration with Wyndham City Council.

The announcement follows the Government’s commitment to examine alternative sites for the new facility within Wyndham in response to feedback from the local community about the preferred Hoppers Lane South site.

The new site is located west of Werribee, in the vicinity of Cherry Creek and has been assessed as suitable based on the same business case criteria applied to the assessment of the Hoppers Lane South site and been considered by the Government, Council and other relevant authorities. The project will be delivered to the same budget and timeline.

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The new site meets the stringent criteria set out in the business case, including the size and shape of the land, its proximity to the CBD including court facilities, its accessibility for staff and families, its distance from residential areas and the ability to acquire the land from Melbourne Water and get started on design and construction. The facility is scheduled to commence taking youth offenders in 2021.

As for the previous site, the facility will create up to 450 ongoing jobs for the local community and 2000 to 3000 direct and indirect construction jobs.

Further information about this project is available on the Engage Victoria website: https://engage.vic.gov.au

Western Victoria Region

Question asked by: Mr Ramsay Directed to: Minister for Roads and Road Safety Asked on: 21 March 2017

ANSWER:

VicRoads is currently undertaking a detailed assessment of this section of Birregurra Forrest Road.

In the interim, VicRoads will continue to monitor this location and make any urgent repairs presenting a safety risk along this road.

Eastern Victoria Region

Question asked by: Mr O’Donohue Directed to: Premier Asked on: 21 March 2017

ANSWER:

As is often the case, your assertions, and those of your Liberal and National colleagues, are riddled with error.

There is no reason for the Heyfield mill to close.

As you are aware, an offer was made to ASH for a three year contract consisting of one year’s timber supply at 80 000m3 and two years at 60 000m3. The offer also included a $5 million industry support package including support for a business case for retooling.

The terms offered to ASH are based on the advice of Victoria’s independent forestry agency VicForests. VicForests have a legislative obligation to manage Victoria’s forests sustainably and in the long term interests of Victoria’s forest industries.

VicForests’ consistent, independent advice to Government has been that it was not able to offer ASH an agreement for greater timber volumes, without risking the future of Victoria’s timber industry.

We have been consistent in following and conveying the independent advice of VicForests. This appears to be in stark contrast to the previous Government.

The CEO of Hermal Group, the Heyfield mill owners, Clinton Tilley has stated ‘… the prior state Government promised they would do certain things. Peter Walsh allowed a contract to be signed with us and then did not sign the indemnity at the close of Government … he is the biggest liar you will ever come across …’.

This Labor Government remains committed to the Heyfield mill remaining operational as it plays a vital role in the local community and across the timber products industry, including in the Latrobe Valley.

After being advised of ASH’s decision to reject the proposed timber supply agreement, we requested that ASH management work with Government to facilitate the sale of the Heyfield mill to a new operator to safeguard an equitable and fair outcome for workers and the community.

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In the event that a new operator cannot be found, the Government is prepared to ensure that operations at the Heyfield mill continue as per the same commercial terms offered to ASH today.

The Government will investigate all options to achieve this objective, and pending an independent evaluation, does not rule out assuming operation of the mill at a fair and reasonable value in the event that it becomes necessary.

On Wednesday 29th March I met with a delegation of ASH workers to reaffirm this Government’s commitment to keeping the mill open. Government ministers have also met with workers of the ASH mill a number of times, including recent meetings at Parliament during the 21st to 23rd March sitting week. Our Government is keen to engage with workers and the company to ensure the future of this local community.

This Government’s priority is always about protecting local jobs.

Southern Metropolitan Region

Question asked by: Ms Fitzherbert Directed to: Minister for Roads and Road Safety Asked on: 21 March 2017

ANSWER:

Access to Webb Dock is currently provided via Lorimer Street-Wurundjeri Way, which provides sufficient access for current levels of port activity. As part of the long term planning for Victoria’s freight needs, the government will ensure sufficient freight access is available to Webb Dock as trade volumes increase and the area develops. Impacts of freight will be considered in the planning of Fishermans Bend.

Southern Metropolitan Region

Question asked by: Mr Davis Directed to: Minister for Planning Asked on: 21 March 2017

ANSWER:

The recent reforms to the three main residential zones, being the General Residential Zone, Neighbourhood Residential Zone and Residential Growth Zone, have been informed by a comprehensive consultation process undertaken by the Managing Residential Development Advisory Committee, which I appointed in November 2015.

The advisory committee undertook a range of consultation activities to ensure that residents, councils and other stakeholders had the opportunity to be heard and present their views on the former residential zones. This included 12 briefing sessions attended by councils, industry and peak bodies, and public hearings held over a five week period from April to May 2016. In addition, the advisory committee received more than 350 written submissions.

The Government’s reforms to the residential zones build on the recommendations of the advisory committee, and enable the zones to deliver additional housing capacity and diversity to meet the community’s needs. The reformed zones are a key tool in delivering the housing objectives of Plan Melbourne 2017-2050 and Homes for Victorians.

The former two-dwelling ‘cap’ in the Neighbourhood Residential Zone was an arbitrary control and ineffective in preventing excessive bulk and overdevelopment of suburban properties. For these reasons, the ‘cap’ has been replaced by a new mandatory requirement for a minimum garden area to be provided for dwellings and subdivision. The garden area requirement applies in the Neighbourhood Residential Zone and the General Residential Zone.

The garden area requirement will manage the extent of building coverage on suburban lots and prevent overdevelopment. The requirement is stepped up in proportion to lot size. This reform provides flexibility to develop more diverse forms of housing in areas close to jobs, public transport and other services, and at the same

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time effectively controls the scale and massing of new dwellings. The garden area requirement will protect existing neighbourhood character, and help to provide open, leafy neighbourhoods in less vegetated residential areas.

The new zones deliver certainty in the suburbs and provide for equitable development outcomes, regardless of your postcode.

Western Victoria Region

Question asked by: Mr Morris Directed to: Minister for Regional Development Asked on: 22 March 2017

ANSWER:

The Victorian Government remains firmly committed to the development of the Ballarat West Employment Zone. Infrastructure works for the first land release of 35 hectares were completed at the end of 2016 and most of this land has either been sold or is committed. Purchasers include Broadbent Grain, Broo, Athlegen, Kane Transport and Agrimac and together they will deliver more than 150 jobs. More good news on sales and the job creation front will be released in the near future.

With the success of Stage 1, the Government recently issued a second land release. Responses from a variety of businesses are currently being evaluated.

The Freight Hub, which is a complex, multi-faceted project with a number of inter-related elements that will link road and rail services, continues to be developed in co-operation with interested parties in order to achieve the greatest outcome for Ballarat and the region.

Western Metropolitan Region

Question asked by: Mr Eideh Directed to: Minister for Housing, Disability and Ageing Asked on: 22 March 2017

ANSWER:

There were 35 020 Victorian families on the housing wait list at the end of March this year. That number is expected to rise as we combine the public housing list with community housing lists to implement the Victorian Housing Register, a reform promised by the former government in December 2010, but not delivered.

In March 2017 the Andrews Labor Government announced Homes for Victorians, a suite of initiatives to increase the supply of social housing for Victorians. More than $2.7 billion of social housing initiatives were announced to address diverse client needs, grow more social housing and engage with a broad network of partner organisations to tackle homelessness. The initiatives include renewing ageing public housing properties and increasing the financial capacity of registered housing associations to grow the social and affordable housing supply in Victoria. These measures come on top of a broad range of changes to the wider housing market, such as making it easier for home buyers to purchase their first home.

The Andrews Government recognises the extensive population growth occurring in Melbourne’s Western suburbs, which is why we are investing in additional housing support in that region. Homes for Victorians contained a range of initiatives specific to the Western suburbs that the Member represents. Initiatives such as the H3 Wyndham project and McAuley House in Footscray have both received funding, and we’ve invested $60m to build more units on underutilised Director of Housing land, with the Expression of Interest process for the first 100 homes in Melbourne’s West having just concluded.

These initiatives will help ensure more Victorians, especially in Melbourne’s West, get the housing support they need when they need it most.

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Northern Victoria Region

Question asked by: Ms Lovell Directed to: Minister for Roads and Road Safety Asked on: 22 March 2017

ANSWER:

VicRoads advises me that its officers have visited the resident of Stevenson Street in Murchison a number of times to clarify his concerns.

The works were completed on 6 April 2017. This included repairing the hump in the road and smoothing out the seal joint.

South Eastern Metropolitan Region

Question asked by: Mrs Peulich Directed to: Minister for Small Business, Innovation and Trade Asked on: 22 March 2017

ANSWER: Given this question calls for a discussion on options to remove level crossings, the appropriate Minister to refer this constituency question and all other questions on this matter is the Minister for Public Transport, the Hon Jacinta Allan.

Southern Metropolitan Region

Question asked by: Mr Davis Directed to: Minister for Roads and Road Safety Asked on: 22 March 2017

ANSWER:

I would like to thank the Member for Southern Metropolitan for his question.

The installation of 24/7 clearways along Punt Road has been a raging success, with travel time improvements of up to 40% during the middle of the day and on the weekends having been made since the clearways were made permanent last year.

The construction of 3 carparks on land owned by VicRoads along Punt Road is a prime example of this policy being implemented in a way to least impact the community. Rather than having parked cars clog up local roads, VicRoads are building carparks to accommodate for the needs of those who once used to park along Punt Road.

I understand the importance of the concerns raised by Stella Alevizos.

VicRoads have worked closely with her in the design, and now construction of the carpark next to her property. This has included the design and construction of a wall between her property and the carpark for safety, the cleaning of her carpets on no less than 4 occasions and the placement of gap sealant to her windows and doors to prevent dust getting into her home.

VicRoads advise me that they are reviewing her claims for damages to her property and will respond to her on this soon.

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Western Metropolitan Region

Question asked by: Mr Finn Directed to: Minister for Roads and Road Safety Asked on: 22 March 2017

ANSWER:

The Victorian Government is partnering with Transurban to deliver the West Gate Tunnel, which will provide a vital alternative second river crossing, get thousands of trucks off local streets and slash congestion.

A final agreement has not been reached. The project is still being assessed under the Government’s Market Led Proposals Guideline, including negotiations with Transurban to reach the best possible outcome for Victorians.

Western Metropolitan Region

Question asked by: Ms Hartland Directed to: Minister for Roads and Road Safety Asked on: 23 March 2017

ANSWER: We have listened to the community’s concerns about road safety, air quality and noise, and we have acted. When the West Gate Tunnel is completed in 2022, 24/7 truck bans will be in place on residential roads including Francis Street, Somerville Road, Buckley Street and Moore Street.

The truck bans are made possible by the West Gate Tunnel, which provides a dedicated route to the Port that means trucks no longer have to rely on local roads. This will save truck drivers time and money by avoiding 17 sets of traffic lights and reducing vehicle wear and tear.

Western Victoria Region

Question asked by: Mr Purcell Directed to: Treasurer Asked on: 23 March 2017

ANSWER:

I thank the member for his question.

Homes for Victorians is the Government’s strategy for housing affordability, access and choice. This strategy contains a package of initiatives — the largest in Victoria’s history — to assist people from across the housing spectrum, from first home buyers through to homelessness, and will particularly benefit people living in regional Victoria who are seeking to enter home ownership.

We want to make it easier for young people in regional Victoria to live and work in their communities. Homes for Victorians announced the abolition of stamp duty for first home buyers who purchase up to $600 000, and discounted stamp duty for purchases up to $750 000. With a median regional house price of $358 000, this will mean that many first home buyers in the regions will pay no stamp duty.

Homes for Victorians also announced the doubling of the First Home Owner Grant in regional areas to $20 000. This means that first home buyers will have more to put towards their purchase of a new home in regional Victoria.

It’s good for those trying to buy in their community or moving to regional Victoria, and it’s good for jobs too. Incentivising first home buyers to build in the regions will mean more jobs for regional Victoria.

At the same time, we want to make sure people in regional Victoria have the same opportunities as everyone else. That’s why we’re boosting V/Line and regional buses, upgrading local roads, and building more schools and

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hospitals. The continued investment of the Andrews Government has led to Victoria leading the nation for regional jobs growth.

Eastern Victoria Region

Question asked by: Ms Shing Directed to: Minister for Public Transport Asked on: 23 March 2017

ANSWER:

The Andrews Labor Government has committed $9 million to undertake a number of improvements at four stations within the Latrobe Valley including Morwell, Moe, Traralgon and Trafalgar.

These works are due to be completed in 2018 and include improvements to the car parking at Traralgon and Morwell and accessibility and passenger amenity upgrades at Moe and Trafalgar.

As part of the 29 January 2017 timetable review, an additional evening, return service now operates from Traralgon every weekday.

New bus networks have also been introduced in the LaTrobe Valley and Warragul-Drouin to upgrade local routes and provide more frequent, direct and reliable buses, that are better coordinated with train services in these growing Gippsland towns.

I would like to thank the Member for Eastern Victoria for her advocacy for better public transport services on behalf of her community and commend her hard work on this matter.

Southern Metropolitan Region

Question asked by: Ms Crozier Directed to: Minister for Education Asked on: 23 March 2017

ANSWER:

The Department of Education and Training uses demographic modelling to identify demand for school provision, and works with state and local planning authorities to identify and plan future sites.

The Department is aware of the enrolment growth at both primary and secondary schools in and around Bentleigh. Additionally, the Department and the Victorian School Building Authority are aware of the proposed redevelopment of the Bentleigh East Industrial Precinct, and have met with the developer to discuss opportunities for future school provision.

The planning for the Bentleigh East Industrial Precinct is still in its early stages, and housing numbers are yet to be determined. This information, when available, will help inform the Department’s advice around the scale and type of facilities that could be delivered.

The Department and the Victorian School Building Authority will continue to work closely with Glen Eira City Council and the local developer in the coming months to ensure all local families have access to high-quality education, both now and in the future.

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Northern Metropolitan Region

Question asked by: Ms Patten Directed to: Minister for Consumer Affairs, Gaming and Liquor Regulation Asked on: 23 March 2017

ANSWER:

The Sex Work Ministerial Advisory Committee is convened under the Sex Work Act 1994 to provide expert advice relating to sex work at the request of the Minister for Consumer Affairs, Gaming and Liquor Regulation, along with providing an avenue for collaboration and discussion of relevant issues with key stakeholders.

The Committee is not a standing committee, and has primarily operated in response to requests for advice in the form of references. It has not been necessary during the term of this government to submit a reference to the Committee. Where advice has been required about matters relating to sex work regulation, industry participants and others have been consulted-directly. There are no plans to reconvene the Committee at this time.

South Eastern Metropolitan Region

Question asked by: Ms Springle Directed to: Minister for Roads and Road Safety Asked on: 23 March 2017

ANSWER:

VicRoads advises me that its communications with the Level Crossing Removal Authority (LXRA) established that when the Caulfield to Dandenong nine level crossings removal (the CD9) and the associated shared use trail project was announced, the trail was indicated to go up to East Link.

I understand that the City of Greater Dandenong has a proposal for a shared path along the north side of the rail corridor from Yarraman Station to central Dandenong. A suitable bicycle/pedestrian crossing bridge is required across the railway line in place of the existing narrow bridge at Yarraman to provide connectivity to the East Link Trail and central Dandenong.

Western Victoria Region

Question asked by: Mr Ramsay Directed to: Minister for Roads and Road Safety Asked on: 23 March 2017

ANSWER: VicRoads advises me that it is aware of the predicted traffic along Barwon Heads Road. The G21 Regional Growth Plan has identified the duplication of the Barwon Heads Road through Armstrong Creek as a key project for accommodating the predicted residential and commercial growth in the area. Not a second bridge.

The traffic studies being undertaken as part of the Bellarine Link and Barwon Heads Road duplication studies will help to assess if future volumes on Barwon Heads Road through to Barwon Heads will continue to grow or alternatively, be attracted to the Bellarine Highway and the future Bellarine Link to access Geelong and Melbourne. I understand that VicRoads expects the studies to be available by early 2018.

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Western Victoria Region

Question asked by: Mr Morris Directed to: Minister for Health Asked on: 23 March 2017

ANSWER:

Hospitals right across Victoria are currently benefitting from the $200 million Regional Health Infrastructure Fund, the largest funding of its kind in Victorian history.

This funding is enabling regional health services to rebuild after four years of neglect from the former Liberal government.

Ballan District Health Care received funding from the Regional Health Infrastructure Fund for a number of projects including: $78 427 for IT equipment, $81 600 to install an electronic risk management system and $108 671 to replace kitchen equipment.

Ballan District Health Care did not apply for funding for two new day procedure theatres.

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WRITTEN ADJOURNMENT RESPONSES

Responses have been incorporated in the form supplied by the departments on behalf of the appropriate ministers. Tuesday, 2 May 2017

Bellarine Peninsula community safety

Raised with: Minister for Police Raised by: Mr Ramsay Raised on: 23 November 2016

REPLY:

The Public Safety Infrastructure Fund, part of the Government’s Community Crime Prevention Program, provides grants of up to $250 000 to support local councils to improve safety and security infrastructure in public places, including funding to install CCTV systems.

The department has advised me that a single application for funding to support the installation of CCTV in Drysdale was submitted by City of Greater Geelong in 2015, as part of a larger funding application. Following a robust, multi-stage assessment process, including review by an expert panel that includes a senior representative of Victoria Police, the department assessed this application as unsuitable for funding. The department provided detailed feedback to the City of Greater Geelong to assist it to strengthen future applications.

Applications for the 2016–17 round of grants closed on 2 September 2016. No application was received seeking funding for CCTV in Drysdale. But would encourage the community to work with council and local police on a future application.

I am pleased that funding under the government’s Community Crime Prevention Program has supported other crime prevention and community safety initiatives across the Bellarine.

This includes funding to the City of Greater Geelong and the Bellarine Community Safety Committee to deliver a local campaign to help prevent theft of and from motor vehicles. The Bellarine Community Safety Committee also recently utilised funding from the Community Crime Prevention Program to develop and deliver the bSafe website, a community safety resource hub for those living and working on the Bellarine.

The Community Safety Statement, released in December 2016, is a $2 billion investment to prevent harm and hold perpetrators to account. We are investing in 2729 additional police, on top of 406 already being recruited, and 100 new Protective Services Officers. The first of the new police will be deployed early this year to respond to local issues and the increased demand for police in growth areas.

This major investment is on top of the $7.8 million in the 2015-2016 State Budget, which provided extra police in the Geelong and Bellarine area. This has meant more patrols and re-opening of the stations at Drysdale, Portarlington and Queenscliff. A 24 hour police response is always available to local residents.

Bangerang Cultural Centre

Raised with: Minister for Aboriginal Affairs Raised by: Ms Lovell Raised on: 7 December 2016

REPLY:

I thank the honourable member for Northern Victoria for raising this matter.

The Bangerang Cultural Centre (the Centre) is a significant part of local cultural assets in the Shepparton region.

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The member is right to highlight the importance of maintaining and celebrating the culture of the various Traditional Owners in Victoria, which is why this government reformed the Aboriginal Heritage Act 2006 and is working towards a treaty.

As my department currently does not have a funding stream that aligns to the Centre’s request, I will pass on the member’s request to the Minister for Creative Industries.

Campaspe crime

Raised with: Minister for Police Raised by: Ms Lovell Raised on: 7 February 2017

REPLY:

The Premier and I have both spent time speaking with police officers, and listening to the concerns of victims of crime and members of the community. We know there is pressure on our police, as well as concern and harm in our communities. It is a challenge, and one I have acknowledged from the start.

This is why the Andrews Government is investing an additional $2 billion to keep Victorians safe, prevent harm in our communities and make criminals accountable. This funding will deliver new frontline and specialist police, protective services officers, more police stations and give police the latest crime fighting capabilities.

This is the largest single investment in police and the biggest recruitment of additional police in Victoria’s history. Another 2729 police and 100 PSOs, will be recruited over four years, including 415 specialist family violence officers to transform the way Victoria Police responds to crime and community safety.

I can confirm that the Tongala Police Station is a non 24 hour, single member police station that is managed through a cluster of police stations known as the Kyabram cluster. The people of Tongala receive services from other police stations within the Kyabram cluster.

Victoria Police has been focused on providing a proactive intelligence led policing by targeting and disrupting recidivist offenders. Victoria Police have advised me that all police stations within the Kyabram cluster are fitted with an external telephone system that allows callers to be connected to the Echuca Police Station if the station they are attending is not staffed.

I further understand that Victoria Police have implemented innovative rostering practices within the last six months to provide capacity for an additional night shift police unit within the Campaspe Police Service Area. These additional resources have been specifically allocated for patrol duties within the communities comprising the Kyabram cluster, including Tongala.

This new service provides intelligence led proactive patrolling every night of the week. I can confirm that there has been positive results due to this change providing an improved response time to 000 calls on night shift, drug and weapon seizures and charging of offenders for various crime, drug, anti-social and traffic offending.

Heyfield timber mill

Raised with: Minister for Agriculture Raised by: Ms Bath Raised on: 7 February 2017

REPLY:

Our Government recognises the uncertainty and challenges workers at the Australian Sustainable Hardwoods (ASH) mill in Heyfield have faced. That’s why the Government acted to provide certainty by offering a supply contract and a $5 million support package, including support for a business case for retooling.

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VicForests’ most recent modelling predicts a reduction in the available timber resource. This is due to various factors, for example ongoing protection of new Leadbeater’s Possum colonies and the continued effects of the 2009 bushfires.

Any future timber supplies need to be aligned with contemporary forecasts of available timber resources.

The Government remains committed to the Heyfield mill remaining operational — it plays a vital role in the local community and the timber industry.

We have requested the company to work with government to facilitate the sale of the mill. In the event that a new operator cannot be found, the Government does not rule out assuming operations at Heyfield at fair and reasonable value.

Heyfield timber mill

Raised with: Minister for Agriculture Raised by: Mr O’Donohue Raised on: 7 February 2017

REPLY:

Our Government recognises the uncertainty and challenges facing the workers at the Australian Sustainable Hardwoods (ASH) mill.

VicForests’ most recent modelling predicts a reduction in the available timber resource. This is due to various factors, for example ongoing protection of new Leadbeater’s Possum colonies and the continued effects of the 2009 bushfires.

Any future timber supplies need to be aligned with current forecasts of available timber resources. VicForests is adjusting its operations to this new supply level and planning how best to meet its contractual obligations with contractors and customers.

Land 400 project

Raised with: Minister for Industry and Employment Raised by: Mr Ramsay Raised on: 8 February 2017

REPLY:

I thank the Member for Western Victoria for this Adjournment Debate matter.

The Victorian Government is working diligently to secure LAND 400 Phase 2 to Victoria. The government continues to work very closely with BAE Systems Australia and Rheinmetall Defence Australia, to ascertain each company’s needs and to provide the most competitive proposal to secure the project for Victoria.

Competition for the project is very strong and the Victorian Government is doing all that it can to put its most competitive offer forward.

There is no doubt that Land 400 presents opportunities for defence manufacturing across Victoria.

As you would be aware, the Commonwealth Government are the sole decision makers for the Land 400 project. I look forward to working with you as an advocate for Victoria.

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Energy supply

Raised with: Minister for Energy, Environment and Climate Change Raised by: Mr Purcell Raised on: 9 February 2017

REPLY:

The electricity supply industry in Victoria is owned and operated by the private sector. Decisions about investment in new power stations are made by private investors, based on the commercial prospects for new generation. Similarly, the location of any new power station is a matter for private investors based on the availability of fuel, access to the grid and demand for energy.

Even without the Hazelwood power station, Victoria will continue to have a secure and reliable supply of electricity and will continue to be a net exporter of electricity to other states. Victoria is supplied by other large electricity generators and has significant interconnectors with other states, including New South Wales, Tasmania and South Australia.

In June 2016, the Andrews Labor Government set ambitious but achievable renewable energy generation targets which aim to generate 25 per cent of all Victoria’s electricity from renewable sources by 2020 and 40 per cent by 2025. These targets are anticipated to support investment in up to 5400 megawatts of new large-scale renewable energy capacity by 2025.

This scheme is estimated to deliver capital expenditure of around $9 billion invested in renewable energy projects, which would result in about $2.5 billion of direct economic activity in Victoria, including the creation of up to 11 000 construction jobs.

Western Victoria has the best wind and solar resources in the State. There are currently up to 2400 megawatts of approved wind farms in the region, and some of which are expected to bid into the Victorian Renewable Energy Target auction scheme (to deliver the 2020 and 2025 targets).

Energy storage will play a vital role in better integrating renewable energy generation into the Victorian network. The Andrews Labor Government will bring forward the integration of energy storage to help strengthen the security, resilience and reliability of the electricity grid, and ensure a modern energy system.

We will provide $5 million to support deployment of up to 20 megawatts of battery storage in Victoria’s north-west (including Horsham and Bendigo) and the south-west (including Terang) as priority locations for storage. In addition, we recently announced a further $20 million to support large scale energy storage across Victoria.

Victoria is part of an interstate gas market, with most of our gas produced from areas under the Australian Government’s jurisdiction in Bass Strait (outside three nautical miles from Victoria’s coastline). There are currently no plans to implement a gas reservation policy within the remaining offshore area under Victoria’s jurisdiction.

Heyfield timber mill

Raised with: Minister for Agriculture Raised by: Ms Bath Raised on: 9 February 2017

REPLY:

I recently visited the Australian Sustainable Hardwoods (ASH) sawmill in Heyfield. I have a strong appreciation of the mill’s socioeconomic importance to the region and other value-adding operations such as Jigsaw Industries.

That is why the Government is working with the company and the union on options for the future of the timber mill in Heyfield.

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All involved are focussed on the need to identify viable arrangements for the mill which protect local jobs, given reduced timber availability.

West Gippsland Hospital

Raised with: Minister for Health Raised by: Ms Wooldridge Raised on: 21 February 2017

REPLY:

Thanks to the strong advocacy of the Member for Eastern Victoria, Harriet Shing, I’m pleased to advise that the Andrews Labor Government’s 2016–17 Budget committed $1 million to undertake both service and capital planning for the West Gippsland Healthcare Group. Significant progress has since occurred in planning for the current and future health service demands of the residents of West Gippsland.

Development of the West Gippsland Baw Baw Strategic Service Plan involved the West Gippsland Health Care Group, Latrobe Regional Hospital and the Casey campus of Monash Health. The key findings confirmed that the West Gippsland Healthcare Group has demand pressures now, and will face increasing pressure as the population grows.

The Strategic Service Plan highlighted the need for additional short stay, critical care beds and an expansion of operating theatre capacity at Warragul Hospital.

On 24 February, I was pleased to join Ms Shing at the Warragul Hospital to announce the West Gippsland Healthcare Group would receive $9.3 million for two projects through the first round of the Labor Government’s Regional Health Infrastructure Fund, being:

- $3.3 million to build a new eight bed short stay unit in the emergency department so more patients can be treated, more quickly. This unit will expand capacity, improve efficiency and reduce waiting times for treatment by creating a dedicated area for patients who will stay in hospital for less than 24-hours.

- $6 million to build a third operating theatre at Warragul Hospital. The extra theatre will meet increasing demand for elective and emergency surgery from the growing Gippsland population, and enable more patients to access care at their local hospital, closer to home and loved ones.

Unlike some light on detail and therefore hollow commitments, we’re making the important investments to deliver better services for locals now, while doing the hard work backed by $1 million funding for the hospital’s future development.

Based on the service plan projections, masterplanning is underway for the existing Warragul Hospital site, and a new, greenfield site at Lardners Track in Drouin East. A Feasibility Study for each site exploring in greater detail development requirements will then be undertaken.

A Steering Committee has been established with key stakeholders to oversee this next phase.

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1814 COUNCIL Tuesday, 2 May 2017

Homeschooling

Raised with: Minister for Education Raised by: Dr Carling-Jenkins Raised on: 21 February 2017

REPLY:

I am informed as follows:

In May 2016 the Department of Education and Training called for submissions on the 2007 Regulations. The Department received a number of submissions, many of which concerned home schooling regulation. Stakeholder feedback has been considered in preparing the proposed Regulations and the Regulatory Impact Statement.

The Department has also met with a number of stakeholders to discuss the proposed Regulations, including representatives of the Home Education Network. In addition, the public consultation period for the Regulations was extended from the required 28-day period to a period of more than 60 days. The extended consultation period allowed the public to have greater opportunity to make submissions on the proposed Regulations.

Unlike other Australian jurisdictions, the current regulations do not provide for oversight of the educational outcomes of home school students. This has resulted in a lack of data and understanding of how home school students are progressing. While it is expected that most home schooling families are providing their children with a good education, I have a responsibility to ensure that this is the case. The proposed regulations are intended to improve data collection and provide confidence in the quality of educational outcomes for home school students.

The proposed regulations include a requirement that a learning plan be submitted at the time of initial registration for home schooling. The assessment of learning plans is designed to provide a level of assurance that families seeking initial registration are well equipped to provide home school students with a good education. The information in the learning plan would also allow the Department to better understand types of home school education occurring in Victoria, and support more targeted engagement and policy development for home schooling students.

The Department has knowledge and expertise in all forms of educational practice and approaches, and is able to assess the particular approach or methodology that a home school family uses to ‘substantially address’ the eight key learning areas. It is also anticipated that families will have flexibility in how they prepare the learning plan to reflect their child’s specific circumstances.

West Gippsland Hospital

Raised with: Minister for Health Raised by: Ms Shing Raised on: 21 February 2017

REPLY:

I visited Warragul Hospital on Friday 24 February and announced West Gippsland Healthcare Group would receive $9.3 million for two projects through the first round of the Andrews Labor Government’s new Regional Health Infrastructure Fund. You have long been an advocate for Gippsland, but I would like to especially acknowledge your hard work, on behalf of your community, to improve Warragul Hospital.

The $200 million fund — the largest of its kind in Victorian history — will rebuild rural and regional hospitals to ensure all Victorians can access the high quality care and facilities they need, no matter where they live.

At Warragul Hospital, we’re investing $3.3 million to build a new eight-bed short-stay unit in the emergency department, so more patients can be treated, more quickly. This unit will expand capacity, improve efficiency and reduce waiting times for treatment by creating a dedicated area for patients who will stay in hospital for less than 24 hours.

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Tuesday, 2 May 2017 COUNCIL 1815

We are also investing $6 million to build a third operating theatre at Warragul Hospital. The extra theatre will meet increasing demand for elective and emergency surgery from the growing Gippsland population, and enable more patients to access care at their local hospital, closer to home and loved ones.

These two investments come on top of the $1 million already provided to plan for the future redevelopment of Warragul Hospital.

Belfast Coastal Reserve

Raised with: Minister for Energy, Environment and Climate Change Raised by: Mr Barber Raised on: 21 February 2017

REPLY:

The Andrews Labor Government has introduced a Ministerial Order permitting the issuing of licences to train horses on the beach which came into effect on 10 March 2017.

Ambulance services

Raised with: Minister for Health Raised by: Mr Melhem Raised on: 21 February 2017

REPLY:

I acknowledge Mr Melhem’s interest and strong advocacy on behalf of the Western suburbs for improved local ambulance services.

The $500 million plan to improve ambulance response times includes a strong investment in Melbourne’s western suburbs. The Andrews Labor Government is building new and upgraded branches, investing in additional paramedics and vehicles in Wyndham Vale, Taylors Lakes, Melton and Maribyrnong and a new super response centre for the Western suburbs.

The recruitment of the 450 additional paramedics has already begun. In addition to the 48 new paramedics that commenced in January, another intake occurred on 13 March 2017 with 96 new paramedics and graduates commencing their induction training. These paramedics have already hit the road and are already responding to emergency cases, with the support of experienced paramedics.

Kilmore-Wallan bypass

Raised with: Minister for Roads and Road Safety Raised by: Mr O’Sullivan Raised on: 21 February 2017

REPLY:

As you may be aware, the Minister for Planning in his assessment of the independent panel report for the Kilmore– Wallan Bypass Environment Effect Statement recommended that VicRoads work with Goulburn Valley Water (GVW) to determine a whole of government solution for the Western Option in the vicinity of the Kilmore Wastewater Treatment Facility.

Following discussion between VicRoads and GVW, a preliminary alternative alignment for the Western option was developed in the vicinity of the Wastewater Management Facility, subject to further investigation and discussion with affected landowners.

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1816 COUNCIL Tuesday, 2 May 2017

It is this government’s intention that any changes to the Western option alignment will be openly and thoroughly discussed with the affected landowners before any decision on the final location is made. I understand that VicRoads has met with the affected landowners and will continue to keep them informed.

Shepparton bypass

Raised with: Minister for Roads and Road Safety Raised by: Ms Lovell Raised on: 22 February 2017

REPLY:

I appreciate the impact that timely decisions on funding for major projects can have on communities such as Shepparton and the surrounding area. VicRoads has provided me with comprehensive information on this project and I have met with representatives from the Greater Shepparton City Council, the Committee for Greater Shepparton, and the Shepparton Bypass Action Group. The points raised during these discussions provided me with an extra level of understanding of the road transport issues faced by the Shepparton community.

The Andrews Labor Government is committed to delivering the projects that regional Victoria requires; the projects that we were elected to provide; projects that will deliver real economic development to our regional centres and drive efficiency improvements for our industries. The Goulburn Valley Highway–Shepparton Bypass will be considered for funding against the many other needs in the state.

Moonee Valley planning permit

Raised with: Minister for Planning Raised by: Mr Davis Raised on: 22 February 2017

REPLY:

I have asked the Victorian Building Authority (VBA) to review the issues raised in relation to Mr Wahr’s property at 2 Clarence Street Flemington, and the neighbouring property at 4 Clarence Street.

The VBA inspected the building works at 4 Clarence Street, arranging for the property owner to expose the wall cavity in question by lifting the roof sheeting and flashing. The VBA was able to confirm to Mr Wahr that the wall, as constructed, complies with the fire safety regulations in place at the time of construction.

Victoria Polytechnic skills development hub

Raised with: Minister for Training and Skills Raised by: Mr Eideh Raised on: 22 February 2017

REPLY:

Skills First, launched on 1 January 2017, is the Victorian Government’s vision for a high quality, stable and trusted training and TAFE system. Skills First realigns the system to focus on high quality training that will lead to real jobs and better outcomes for learners and industry, through subsidy rates that reflect the costs of delivery, courses aligned with current and future industry needs, and programmatic funding to support innovative skills design and regional delivery.

Skills First maintains a contestable, but more managed market to ensure a high benchmark for quality is set, and places Victoria’s public TAFE network at the centre of the new system with a distinct role to lead in excellence, quality and innovation, with funding to support this role. Victoria Polytechnic forms part of this network.

Under Skills First, Victorians in Melbourne’s Western Metropolitan region can be assured that they will have access to high quality training that leads to real skills and real jobs.

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The Sunshine Skills Hub at Victoria Polytechnic will provide students and locals in Melbourne’s west with access to the best training facilities and equipment thanks to a $10 million investment from the Victorian Government’s TAFE Rescue Fund. The $35 million facility is jointly funded by the Victorian Government, Victoria University, who are providing $20 million, and the Ian Potter Foundation which is contributing $5 million.

The hub will feature a health and community services centre of excellence, an innovation and incubation hub, as well as a cafe, gymnasium and bookshop. The facility will support the development of industry partnerships, increase vocational education opportunities and reinvigorate the local community.

At this stage in the project planning phase, the Sunshine Skills Hub is expected to be completed by October 2019, and available for students to access in 2020.

The Andrews Labor Government is standing by its commitment to save TAFE and restore Victoria’s training system ensuring access to high quality, industry relevant training for all Victorians.

Thompsons Road duplication

Raised with: Minister for Roads and Road Safety Raised by: Mrs Peulich Raised on: 22 February 2017

REPLY:

I am pleased to confirm that the Andrews Labor Government is committed to completing the duplication of Thompsons Road between EastLink in Carrum Downs and Berwick-Cranbourne Road in Clyde North, including the removal of the rail level crossing at Lyndhurst. This commitment by the Andrews Labor Government is clearly demonstrated in its 2016 Budget commitment of $154.5 million, which together with previous commitments of $20.5 million, total some $175 million for this important project.

Significant progress is evidenced by the commencement on site in December 2016 of the first stage of the project, which will see Thompsons Road duplicated between the South Gippsland Highway and Marriott Boulevard with bridges constructed over the Cranbourne rail line to remove the existing level crossing. The tender for construction of the second stage has also commenced and it is expected that work will commence later this year.

The land for the link road identified by Mr Lennie was reserved in the planning scheme for when Western Port Highway is upgraded to a freeway and direct access to Western Port Highway would no longer be available. However, it is acknowledged that construction of this link road in conjunction with the Thompsons Road upgrade would improve access for eastbound traffic to and from the Lyndhurst Service Centre. Initial investigations and design work for the link road are already underway by VicRoads.

Essendon Airport

Raised with: Premier Raised by: Mr O’Sullivan Raised on: 22 February 2017

REPLY:

Essendon Airport is an important piece of transport infrastructure for Victoria, supporting over 50 000 aircraft movements each year, as well as being a hub for emergency services such as Air Ambulance and the Police Air Wing. The crash at the airport in February this year was a terrible tragedy, but it is important not to lose sight of the airport’s strong safety record, as well as the many benefits that it provides to our state.

The Victorian Government awaits the outcome of the Australian Transport Safety Bureau investigation which is currently underway, including any recommendations for improving safety. We are ready to act on lessons from this investigation to make this important airport even safer and ensure it continues as a vital enabler of aviation, emergency services, and Victorian jobs.

WRITTEN ADJOURNMENT RESPONSES

1818 COUNCIL Tuesday, 2 May 2017

Land 400 project

Raised with: Minister for Industry and Employment Raised by: Mr Ramsay Raised on: 23 February 2017

REPLY:

I thank the Member for Western Victoria for this Adjournment Debate matter.

The Victorian Government is working diligently to secure LAND 400 Phase 2 to Victoria. The government continues to work very closely with BAE Systems Australia and Rheinmetall Defence Australia, to ascertain each company’s needs and to provide the most competitive proposal to secure the project for Victoria.

Competition for the project is very strong and the Victorian Government is doing all that it can to put its most competitive offer forward.

There is no doubt that Land 400 presents opportunities for defence manufacturing across Victoria.

As you would be aware, the Commonwealth Government are the sole decision makers for the Land 400 project. I look forward to working with you as an advocate for Victoria.

Emerald Secondary College

Raised with: Minister for Education Raised by: Mr Mulino Raised on: 23 February 2017

REPLY:

I am informed as follows:

I thank the Member for Eastern Victoria and I acknowledge his strong and continued advocacy for the people of Eastern Victoria, including for Emerald Secondary College.

I am pleased to advise that a contract was accepted for the Emerald Secondary College upgrade project on 22 February 2017 and works commenced on 1 March 2017. This exciting building project will provide the college with an outstanding inclusive centre, a reconfigured library, and enlarged and re-equipped canteen and a new reconfigured technology facility. Some excess space will also be demolished and surplus relocatable teaching facilities will be removed; thus providing more useable outdoor space for the students.

It is anticipated that all works will be completed later this year.

Thompsons Road duplication

Raised with: Minister for Roads and Road Safety Raised by: Mr Rich-Phillips Raised on: 23 February 2017

REPLY:

I am pleased to confirm that the Andrews Labor Government is committed to completing the duplication of Thompsons Road between EastLink in Carrum Downs and Berwick-Cranbourne Road in Clyde North, including the removal of the rail level crossing at Lyndhurst. This commitment by the Andrews Labor Government is clearly demonstrated in its 2016 Budget commitment of $154.5 million, which together with previous commitments of $20.5 million which is a total sum of $175 million for this important project.

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Significant progress is evidenced by the commencement on site in December 2016 of the first stage of the project, which will see Thompsons Road duplicated between the South Gippsland Highway and Marriott Boulevard with bridges constructed over the Cranbourne rail line to remove the existing level crossing. The tender for the second stage has also commenced and it is expected that work will commence later this year.

The land for the link road between the Lyndhurst Service Centre and Lyndhurst Boulevard was reserved in the planning scheme for when Western Port Highway is upgraded to a freeway, and direct access to Western Port Highway would no longer be available. It is acknowledged that construction of this link road in conjunction with the Thompsons Road Upgrade would improve access for eastbound traffic to and from the Lyndhurst Service Centre. VicRoads will continue to consult with the Lyndhurst Service Centre owners and operators on options to allow for the construction of this road.

Buckley Street, Essendon, level crossing

Raised with: Minister for Public Transport Raised by: Mr Finn Raised on: 23 February 2017

REPLY:

With regards to deferring the project, I advise that a deferment of the removal of the Buckley Street level crossing is not an option. It remains an election commitment of the Andrews Labor Government to the people of Essendon as part of 50 level crossing removals across the network.

When this dangerous and congested level crossing is gone, it will return 78 minutes of traffic flow during peak travel times to road users, improve reliability for rail users and safety for pedestrians and cyclists in the area.

Syndal–Heatherdale pipe reserve trail

Raised with: Minister for Roads and Road Safety Raised by: Ms Dunn Raised on: 23 February 2017

REPLY:

VicRoads advises me that the Syndal to Heatherdale Pipeline Trail forms part of the Chirnside Park to Mordialloc Strategic Cycling Corridor. This corridor has been identified as a priority for VicRoads’ metropolitan south east region.

I understand that the Whitehorse City Council has completed detailed designs for a shared use path along this trail, between Highbury Road in East Burwood and Rooks Road in Mitcham.

VicRoads has also developed a number of proposals along this corridor between the Syndal Train Station and Monash University (Clayton Campus).

VicRoads advises me that it is currently collaborating with the relevant stakeholders such as the Transport Accident Commission, Active Transport for Victoria, Bicycle Victoria, Whitehorse City Council, Monash University (Clayton Campus) and Monash City Council.

WRITTEN ADJOURNMENT RESPONSES

1820 COUNCIL Tuesday, 2 May 2017

Monbulk sewerage project

Raised with: Minister for Water Raised by: Mr O’Donohue Raised on: 23 February 2017

REPLY:

Yarra Valley Water and Yarra Ranges Council are working closely with the Monbulk community to deliver a sewerage solution that meets the needs of the community and the local environment.

Joint consultation with Yarra Valley Water, council and the Monbulk Community Reference Group, which was formed for the structure plan process, has now taken place. The proposed Monbulk Structure Plan and sewerage options were presented to the reference group with broader exhibition of structure plan and sewerage options to occur during March-April 2017.

Yarra Valley Water will commence the final phase of community consultations about the sewerage solution in April 2017. Once completed, a final approach will be decided which will allow a timetable for engineering design works and construction to be developed.

Port Phillip Bay bait fishing

Raised with: Minister for Agriculture Raised by: Ms Patten Raised on: 23 February 2017

REPLY:

I thank the Hon. Fiona Patten, Member for Northern Metropolitan for her Adjournment Debate Question.

There remains strong bait supplies for Victorian fishers to enjoy, including a large commercial bait fishery in coastal waters adjacent to Victoria.

The Victorian bait market has also historically received product from New South Wales, South Australia and Western Australia and this will continue to occur.

The buy out of commercial netting has provided great opportunity for over 800 000 Victorians to enjoy fantastic fishing in Port Phillip Bay.

Richmond railway station

Raised with: Minister for Public Transport Raised by: Ms Pennicuik Raised on: 23 February 2017

REPLY:

The Andrews Labor Government is carrying out improvements across Melbourne and Victoria’s rail network to make it easier and safer for passengers to catch the train. Over the next 12 months, Public Transport Victoria (PTV) will improve the PTV website and app, providing relevant and timely information to passengers when they need it most.

A recent update of the PTV app introduced platform information across the metro train network.

PTV is delivering Passenger Information Display (PID) technology across the network and considering which priority locations to roll out PIDs. I have requested that Richmond station is considered as part of this review.

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Other initiatives to help improve information to passengers at stations across the network include providing more announcements and more customer service staff to assist passengers.

Rushworth police numbers

Raised with: Minister for Police Raised by: Ms Lovell Raised on: 23 February 2017

REPLY:

The location and deployment of police officers is determined by the Chief Commissioner who has indicated that resource placement will be determined by the new evidence-based Staff Allocation Model, which assesses delivery needs and service demand to maximise efficiency of police resourcing. This model assesses a range of factors in determining allocation, including crime rates, calls for police assistance, and the time requirements when responding to different types of crime.

All residents of the Rushworth community continue to receive a 24-hour policing response across the Campaspe PSA. Any member of the community who has immediate concerns about their safety must contact Victoria Police via the emergency number ‘000’. Calls to ‘000’ are processed and responded to by the nearest available personnel.

Victoria Police advises that the deployment of police officers within the Campaspe Police Service Area (PSA), which services Rushworth, is responsive to demand and anticipated events. Police resourcing in the area has recently increased, as the Campaspe PSA is now staffed by an additional night shift patrol vehicle that commenced operation approximately eight months ago. Before this time, Rushworth had no night patrols, and all calls for police assistance during the night were responded to reactively.

In relation to specific comments regarding the drug methlyamphetamine, or ‘ice’, the Government is seeking to tackle the root causes of crime and the illegal drug ice is affecting communities across the State. That is why in March 2015, the Government released the Ice Action Plan (the Plan). The Plan was developed on the advice of the Premier’s Ice Action Taskforce.

As part of the Plan’s initial release, the Government committed $45 5 million to focus on things that cannot wait to reduce the supply, demand and harm of a drug that is mining lives. Under the Plan, the Government will spend $18 million over four years to expand drug and rehabilitation services so that more users can get the assistance they need to get off the drug.

The Government has invested a further $57.6 million in stage two of the Ice Action Plan. The centre piece of the package is a $32 million new Drug Court to be based at the Melbourne Magistrates’ Court.

The Drugs, Poisons and Controlled Substances Act 2016 strengthens the laws against the production and distribution of illicit drugs in Victoria. New offences target people who deal ice to school children or around school premises. The new offences will also deal with the publication of instructions for how to make ice, allowing premises to be used as a clandestine drug lab, and using violence or threats to force another person to deal ice. These laws will provide courts with the capacity to enforce additional jail time for those convicted of these offences.

The Andrews Government is also investing an additional $2 billion to keep Victorians safe, prevent harm in our communities and make criminals accountable. This funding will deliver new frontline and specialist police, protective services officers, more police stations and give police the latest crime fighting capabilities.

This is the largest single investment in police and the biggest recruitment of additional police in Victoria’s history. Another 2729 police and 100 PSOs, will be recruited over four years, including 415 specialist family violence officers to transform the way Victoria Police responds to crime and community safety.

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1822 COUNCIL Tuesday, 2 May 2017

Goulburn Valley Highway

Raised with: Minister for Roads and Road Safety Raised by: Ms Lovell Raised on: 7 March 2017

REPLY:

Victoria has experienced a wetter than average winter, spring and early summer in 2016. This has resulted in a backlog and delay of maintenance activities due to the amount of work required to re-establish the network to the pre winter state.

Significant work has been completed in the Shepparton area with a number of urgent works being completed on the Goulburn Valley Highway in the Murchison area prior to Christmas.

Further works are planned in the next few months to improve the roads in the Shepparton area. These include pavement rehabilitation on Murchison-Tatura Road, pavement patching works on Lancaster–Mooroopna Road, Katamatite–Shepparton Road and the Goulburn Valley Highway.

It is also planned that the grass will be mowed on these roads prior to winter to ensure improved delineation for users of the road network.

The Andrews Labor Government recently announced a Safer System Road Infrastructure Project to upgrade the Midland Highway between Shepparton and Stanhope. This project is one of the top 20 high-risk rural roads identified in the Towards Zero Safety Strategy and Action Plan.

Ridesharing regulation

Raised with: Minister for Public Transport Raised by: Mr Melhem Raised on: 7 March 2017

REPLY:

I thank the Member for his adjournment and for the ongoing work he is doing consulting with the taxi industry, explaining the Government reforms and keeping me informed of their concerns.

Every jurisdiction in Australia is moving towards regulating ridesharing and the $494 million that the Andrews Government is providing in financial assistance to the existing industry is the most generous in the nation.

The Liberal Opposition has supported the Government changes to licensing and to provide for ridesharing but has opposed financial assistance for the existing industry.

The Liberal Shadow Minister for Public Transport has described the Government’s financial assistance as a “slush fund to buy the votes of licence holders”.

The Government’s legislation is currently before the Parliament. The Government has rejected amendments from the Liberal Opposition that attempted to remove the capacity to provide the $494 million in financial assistance.

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Tuesday, 2 May 2017 COUNCIL 1823

Point Cook–Sneydes roads, Point Cook

Raised with: Minister for Roads and Road Safety Raised by: Mr Finn Raised on: 7 March 2017

REPLY:

The Andrews Labor Government is making an unprecedented investment to upgrade roads in the inner-west in the order of $1.8 billion. These upgrades will improve safety and increase capacity to meet the growing needs in the community so drivers can get home sooner to the family and friends.

Cancer medication

Raised with: Minister for Health Raised by: Mr Eideh Raised on: 7 March 2017

REPLY:

I thank Mr Eideh for raising the circumstances of his constituent, Ms Wu and the important issues affecting her life and access to the medication she needs. I am very sorry to hear of your constituent’s illness.

As you’d be aware, the Commonwealth Government has responsibility for pharmaceuticals, the Pharmaceutical Benefits Scheme (PBS) and associated programs. The Commonwealth also has responsibility for assuring the safety of therapeutic agents through review and registration by the Therapeutic Goods Authority (TGA).

Crizotinib was TGA-registered on 27 September 2013 for the treatment of patients with anaplastic lymphoma kinase (ALK)-positive advanced non-small cell lung cancer. The manufacturer of Crizotinib then made application through the Pharmaceutical Benefits Scheme for subsidy. Crizotinib was recommended for listing on the PBS in November 2014 for patients with ALK-positive non-small cell lung cancer under a managed entry scheme to address the uncertainty related to the magnitude of clinical benefit.

Unfortunately, Ms Wu has another rare variation of non-small cell lung cancer that is called ROS1-positive. To date, Crizotinib is not registered by the TGA for use in the treatment of ROS1-positive non-small cell lung cancer. Crizotinib was only registered for this specific type of lung cancer by the US Food and Drug Administration in March 2016.

I hope that the manufacturer of Crizotinib will rapidly progress the clinical studies and the necessary applications so that this drug can be registered by the TGA for the treatment of ROS1-positive non-small cell lung cancer. Once it has been registered by the TGA, the manufacturer can then apply for subsidy under the PBS program for this specific disease.

I am very conscious of the significant burden both emotional and financial which delays in this process can cause although I also appreciate that due process needs to be followed. I wish Ms Wu all the very best for her treatment.

Family violence emergency relief

Raised with: Minister for Families and Children Raised by: Ms Crozier Raised on: 7 March 2017

REPLY:

Further to the advice I provided the member in the House, I can advise further that following the recommendations of the Royal Commission into Family Violence, the Andrews Labor Government allocated $17 million in 2016-17 for flexible support packages to provide individualised responses to women and their children experiencing family violence.

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1824 COUNCIL Tuesday, 2 May 2017

The funding boost provided a 480 per cent increase in Flexible Support Packages for victims of family violence. Flexible support packages of up to $7000 deliver a personalised and holistic response to women and children experiencing family violence to assist with rental or relocation costs, furnishings, clothing and books for children or security measures to improve safety at home.

I can advise that Women’s Health West has been provided with substantial funding for family violence case management and provision of Flexible Support Packages. This funding has enabled Women’s Health West to create nine new positons critical to meeting increased demand for services. A component of the funding is dedicated towards the employment of an administration officer to assist with meeting increased demands for assistance. Women’s Health West has advised my department that a new administrative positon will begin in late March 2017 and is expected to improve timeliness in processing applications for assistance.

I am also advised that staff from the Department of Health and Human Services met with Women’s Health West to ensure financial processes are streamlined to enable a more timely release of funds in circumstances such as this.

Burnet Park camp site

Raised with: Minister for Roads and Road Safety Raised by: Ms Bath Raised on: 7 March 2017

REPLY:

VicRoads has investigated the request from Ms Melina Bath to negotiate a long-term, peppercorn lease for the Girl Guides to utilise the Burnet Park campsite in Gippsland.

VicRoads advises that they do not own, manage or control the Burnet Park campsite or the surrounding area. Accordingly, they are unable to negotiate or enter a lease for this land.

Burnet Park is surrounded by private land, local road and Crown land, managed by the Department of Environment, Land, Water and Planning.

Shepparton freight airport

Raised with: Minister for Ports Raised by: Ms Lovell Raised on: 8 March 2017

REPLY:

In response to developing an airfreight port in Greater Shepparton, unfortunately this matter does not fall within my portfolio of responsibilities. Please redirect your question to the Minister for Regional Development, the Hon Jaala Pulford MP.

Victoria is home to Australia’s largest container and general cargo port, as well as two curfew-free airports, supported by an extensive rail and road transport network. The State Government along with both Melbourne Airport and Avalon Airport are providing for capacity to efficiently service continued growth in this freight mode.

Federation Training

Raised with: Minister for Training and Skills Raised by: Ms Shing Raised on: 8 March 2017

REPLY:

Thank you for your request to visit and meet with Federation Training to discuss skills and training in the Gippsland region.

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Tuesday, 2 May 2017 COUNCIL 1825

As you are aware, I was pleased to visit Federation Training’s campuses on 15 and 16 March to better understand the current state of the Institute’s facilities and I thank you for accompanying me as the Member for Eastern Victoria.

I have spoken with Federation Training’s new Managing Director, Jonathan Davis, several times since my appointment as Minister for Training and Skills and am confident in the Institute’s ability to transform into a modern, agile and sustainable provider of choice delivering the training Gippsland’s communities need.

The Board and Managing Director have a clear vision for Federation Training that will ensure the Institute is a future-focused TAFE institute that can step up to the challenges facing Gippsland. Federation Training executive and staff are already working hard for communities across Gippsland, providing essential support to workers affected by the Hazelwood power plant closure.

In particular, I have received very positive feedback about the vital work Federation Training’s Skills and Jobs Centre staff are doing to support workers and their families affected by the closure of Hazelwood. These staff are very well regarded in the Latrobe Valley and this positive feedback demonstrates just how important it is to have a local TAFE to support the community and industry.

As you know, the Andrews Labor Government has already supported Federation Training with over $11.7 million in funding to enable Federation Training to continue delivering training and services for students, without job losses for ongoing staff.

The cumulative effect of two poorly performing TAFEs being brought together combined with a lack of focus at upper management level, reduced middle management, lack of investment in deteriorating assets and declining enrolments sector-wide has weakened Federation Training’s capacity to meet community needs.

My Department is working intensively with Federation Training to develop and implement a high-level transformation strategy that will revitalise and realign the Institute so it can better meet the needs of its communities in Gippsland as the local TAFE.

Deep Creek boat ramp

Raised with: Minister for Energy, Environment and Climate Change Raised by: Mr O’Sullivan Raised on: 8 March 2017

REPLY:

Parks Victoria will also continue to discuss the future land and boat ramp access issues in the Deep Creek Lower Moira area with local residents, the Nathalia Angling Club and other interested stakeholders.

Sunbury Road duplication

Raised with: Minister for Roads and Road Safety Raised by: Mr Finn Raised on: 8 March 2017

REPLY:

VicRoads recently completed a detailed planning investigation for a link between Melbourne Airport and the future Outer Metropolitan Ring Road transport corridor, which included a bypass of Bulla.

The Minister for Planning, the Hon Richard Wynne MLA, has asked me to consider further options that address safety and congestion and future traffic demands for the Sunbury and Bulla communities.

VicRoads is currently undertaking that work.

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1826 COUNCIL Tuesday, 2 May 2017

Ballarat rail line incident

Raised with: Minister for Public Transport Raised by: Mr Morris Raised on: 8 March 2017

REPLY:

The Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015 outlines that it is an offence to open a locked train door unless the person has a reasonable excuse for doing so.

A reasonable excuse may include a distressed passenger forcing the door open of a stationary train with malfunctioning air-conditioning.

Given that the train was stationed at a platform, V/Line will not be taking any further action.

Australian Pain Management Association

Raised with: Minister for Health Raised by: Dr Carling-Jenkins Raised on: 9 March 2017

REPLY:

The Andrews Labor Government acknowledges the significant impact of chronic pain on the community, and the importance of providing evidence-based options for alleviating and managing pain. The Government invests in pain services in its public hospital system, including assessment and treatment outpatient clinics and education programs. Work to strengthen engagement between primary and acute services for the management of back pain has also recently been piloted.

Victoria’s Better Health Channel, which receives around 60 million hits per annum, is a widely accepted source of credible and safe health information. It now features a comprehensive pain hub https://www.betterhealth.vic.gov.au/conditionsandtreatment/pain.

Additionally, in 2016 the Government provided $100 000 to MOVE muscle, bone & joint health for the development of a consumer tool and resources for pain management, which will be made available in 2017.

Victoria has an exceptionally diverse and productive network of peer-led support groups which focus on a range of chronic conditions, many of which can cause chronic pain.

The Victorian Health Condition Support Grants program, which aims to support this community of peer-led groups, is unique in Australia in providing financial support to peer-led, community-based groups. The grants assist these groups to meet to offer mutual support for their members; encourage self-management of their health condition; and foster a proactive and health-literate membership.

In 2017, the Health Condition Support Grants funding round will focus on peer-led support groups that target 12 key chronic conditions that contribute substantially to the overall burden of disease in Victoria. These conditions include cancers, musculoskeletal conditions, cardiovascular conditions and diabetes. A total of $180 000 will be made available to eligible Victorian groups.

I understand that the grants program will be advertised in May 2017, and that priority will be given to those peer-led support groups with limited access to funding to support approved activities. I would encourage all Victorian peer-led health condition support groups, including those that may have a focus on pain management, to look for information on the forthcoming round at the Department’s website.

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Officer Primary School

Raised with: Minister for Education Raised by: Mr Mulino Raised on: 9 March 2017

REPLY:

I am informed as follows:

Investment in education and school infrastructure is a priority for the Andrews Labor Government, and we have allocated $1.8 billion overall through the 2015-16 and 2016-17 State Budgets to build, upgrade and maintain school infrastructure across the state. As part of our record-breaking investment, the Victorian Government has introduced the $16 million School Pride and Sports Fund to upgrade and refurbish various school facilities. I am pleased to confirm that Officer Primary School will receive over $230 000 in School Pride and Sports funding to rejuvenate its Centenary Garden.

Officer Primary School has a long and rich history. It had been brought to my attention that its Centenary Garden — a reminder of the significant role that this school has played in the area — had become marred by broken concrete and sagging fences and walls. The funding we are providing will be used to improve footpaths, fences, paved areas, and effect other landscaping enhancements. We believe that this funding will make the garden an ongoing symbol of school pride and a place for the extended community to value.

Northern Metropolitan Region road infrastructure

Raised with: Minister for Roads and Road Safety Raised by: Mr Ondarchie Raised on: 9 March 2017

REPLY:

The Victorian Government acknowledges the impacts of population growth on the transport network, and through VicRoads and Public Transport Victoria, is working closely with the City of Hume on various transport priorities within the municipality.

VicRoads has recently completed the Mickleham Road Corridor Study from Somerton Road to Donnybrook Road. This study outlines VicRoads’ medium to long-term plans for the corridor, including future duplication and associated intersections.

In preparation for the 2016 school year, VicRoads reprogrammed the traffic signals at Dellamore Boulevard, north of Aitken College, to allow for more gaps in Mickleham Road traffic and to assist with access to the college. VicRoads is continuing with further investigations to identify additional short-term improvements at and near the college.

CityLink-Tullamarine Freeway widening

Raised with: Minister for Roads and Road Safety Raised by: Mr Finn Raised on: 9 March 2017

REPLY:

The English Street Bridge is located approximately 250 metres from the Earl Street and Vaughan Street pedestrian bridges. Full pedestrian access, including disability access, will be provided at the upgraded English Street Bridge, including new, level footpaths, tactile ground surface indicators and pedestrian crossings.

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This access is compliant with the Disability Discrimination Act 1992 (DDA), allowing people with a disability to safely cross over the freeway ‘at grade’ or on a level surface, removing the need to travel up or down hill on a ramp.

The gradient required under the DDA would mean that the length of the ramps on the Earl Street and Vaughan Street pedestrian bridge would be the same distance as using English Street, where disabled access is already provided.

Eastern Ranges School

Raised with: Minister for Education Raised by: Mr Leane Raised on: 9 March 2017

REPLY:

I am advised a meeting has been arranged in March with the Principal of Eastern Ranges School and the Department of Education and Training, including the Outer East Area Executive Director and the Director, Inclusive Education Professional Practice. The meeting will enable Mr Cotching to discuss his ideas and inform future policy and program development.

Adolescent family violence

Raised with: Minister for Families and Children Raised by: Ms Springle Raised on: 9 March 2017

REPLY:

The Adolescent Family Violence program aims to reduce adolescent family violence in the 12-17-year-old age group, and increase the safety of all impacted family members. The program model comprises three components: intensive family case management, a group work program and a specialist response to Aboriginal families.

An evaluation of the program found that it delivered an effective specialised response to the specific needs and issues affecting adolescents and their families. Findings included:

– young people’s understanding of their violent behaviour, including identifying and managing triggers for violent or aggressive behaviour improved

– parents had increased confidence in managing the young person’s behaviour

– the nature and frequency of violence and aggression reduced

– there were improved education, work and health outcomes for young people.

In recognition of the positive findings of the evaluation, additional funding was allocated to the program in 2016-17. Child and Family Services Ballarat, Barwon Child and Youth and Family and Peninsula Health each received an additional $233 000 in 2016-17 to support close to 100 more families. This additional funding has enabled agencies to deliver a more intensive response to young people using violence in the home, and to strengthen responses based on an assessment of individual risk factors.

The evaluation has been released to key stakeholders and is being used to inform the further development of the program.

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Tuesday, 2 May 2017 COUNCIL 1829

Foster care

Raised with: Minister for Families and Children Raised by: Ms Bath Raised on: 9 March 2017

REPLY:

Placement and care decisions are made by child protection on a case by case basis, taking into consideration the individual circumstances and needs of the child and their family. It is disappointing that the member has sought to raise the sensitive matter of a child’s placement in this manner rather that to write to me to enable identifying information to be provided.

Although I cannot comment on the individual case that was referred to, I can confirm that there are current child protection policies and procedures in place to review significant decisions for a child, including care arrangements.

At the heart of all decision-making is the child’s best interests. The relocation of a child from one placement to another is a significant decision based on assessment of the child’s current and future needs, including their health, developmental, educational and cultural needs. The views of carers are considered alongside the many other sources that inform the assessment of the child’s needs.

When making such decisions, Child Protection is required to consider a wide range of elements to determine what will be in the best interests of the child. These are set out as the best interests principles in the Children, Youth and Families Act 2005. They include the need to strengthen, preserve and promote positive relationships between the child and the child’s parents, family members and persons significant to the child, and the desirability of sibling being placed together in out-of-home care, as well as the desirability of continuity and permanency in a child’s care. These are weighed up and balanced in the course of reaching each decision.

Movement of children interstate is typically only undertaken when suitable family or kinship carers have been identified. The identification and assessment of such carers can sometimes take some time after placement in out-of-home care.

Foster carers are rigorously assessed and trained in the role they play and they understand that the caring role they play is an important but usually temporary role in a child’s life. They agree to undertake care with full understanding that if a family placement is later found this will likely be prioritised over the care they are providing. Kinship care placements are prioritised in the Act.

Foster carers who are directly affected by a child protection decision may access the established internal review process while the child is residing with them. The foster care agency provides the carers with information and support with this process. Prior to a formal request for internal review, the departmental case planner makes every, reasonable effort to achieve resolution regarding the decision with which they disagree, without compromising the best interests of the child. Where satisfactory resolution cannot be achieved, the case planner will arrange assistance for the person to request an internal review.

Benalla railway station precinct

Raised with: Minister for Public Transport Raised by: Ms Symes Raised on: 9 March 2017

REPLY:

I thank the Member for her question and for her ongoing interest and support for community groups in her electorate.

As the Member would be aware, VicTrack manage rail assets and land across Victoria and work to promote beneficial community outcomes by enabling access to railway buildings for community uses where possible, as highlighted by its community leasing scheme.

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In the case of the Benalla Railway project, VicTrack continues to liaise with the potential leaseholders for the Benalla goods shed with a view to entering into a head lease with the Benalla Rural City Council.

It is intended that the Council will then be a party to two subleases, one for the goods shed and one for surrounding land. VicTrack is working with the Council and expects finalisation of the head lease and for the sub leases to be completed in the near future.

VicTrack has committed to refurbishing the goods shed building and revitalising the surrounding vacant land. As part of this, VicTrack recently completed $13 000 worth of works for clean-up and maintenance works around the precinct, and a further $20 000 committed to structural works to the goods shed building being completed in April.

I look forward to seeing this important community-led initiative advance and demonstrate a practical use of how rail assets can deliver great community outcomes.

School racial discrimination

Raised with: Minister for Education Raised by: Ms Pennicuik Raised on: 9 March 2017

REPLY:

I am informed as follows:

Diversity is one of Victoria’s greatest strengths and discriminating against people on account of race is completely unacceptable, and against the law. The Department of Education and Training (the Department) is in discussions with New Change about this matter.

The Andrews Labor Government recently released its multicultural policy statement, Victorian. And proud of it. At the heart of the policy is the Victorian Values Statement, which sets out the core values that unify us as a peaceful and prosperous society with a shared sense of belonging, respect, acceptance and contribution. It affirms what we expect of ourselves, of each other, of our community and our State and details the policies, programs and services that will extend this work.

As part of the Education State reforms, there is a strong focus on supporting and empowering all young people who experience disadvantage and face social, community and economic barriers. Providing safe and respectful school environments, building resilience, responding to student health and wellbeing and ensuring students are engaged with school and their learning is critical.

The Department is working with schools to build the capacity of teachers in inclusive practice in Victorian schools, and will seek input from New Change in addressing this issue.

Port of Melbourne lease

Raised with: Treasurer Raised by: Mr Ramsay Raised on: 9 March 2017

REPLY:

The charges referred to by DP World (DPW) are not imposed by the Port of Melbourne (recently acquired by the Lonsdale consortium). These are charges determined by DPW.

The Port of Melbourne is a landlord port, with many tenants each determining their own pricing for their services.

The strengthened economic regulatory (price) framework, overseen by the Essential Services Commission, applies to the regulated services provided by the Port of Melbourne.

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Tuesday, 2 May 2017 COUNCIL 1831

The framework does not, and has never, applied to stevedores. Stevedores are able to determine their own charges, as is the case at all major Australian container ports.

Melbourne Metro rail project

Raised with: Minister for Small Business, Innovation and Trade Raised by: Ms Fitzherbert Raised on: 9 March 2017

REPLY:

The adjournment from the Member for Southern Metropolitan provides an insight into why the previous Liberal Government were unable to deliver a single major public transport infrastructure project.

The Member for Southern Metropolitan has been consistent in her calls to block and delay the delivery of this project that will benefit all Victorians.

The community is very aware of the Liberal party’s continued opposition to the removal of level crossings and the construction of the Metro Tunnel project.

The Andrews Government is getting on with delivering on our election commitments. The removal of Victorian 50 worst level crossings and the construction of the Metro Tunnel project will bring enormous benefits to small business.

The Melbourne Metro Rail Authority (MMRA) is developing Business Support Guidelines for Construction which will outline the support initiatives for business during construction of this important project. Given the MMRA reports to the Minister for Public Transport, the Hon. Jacinta Allan MP, I suggest the Member direct this and all future questions on the delivery of the project to the relevant and appropriate Minister.

Goulburn Valley Health

Raised with: Minister for Health Raised by: Ms Lovell Raised on: 21 March 2017

REPLY:

I refer to your Adjournment Debate question raised in the Legislative Council on 21 March 2017, regarding the progress of your freedom of information requests about Goulburn Valley Health.

I can confirm that the two requests, to the Department of Health and Human Services and to my office, were finalised by the department on 21 March 2017 and the decisions were sent via registered post on that day.

Furlong Road, St Albans, level crossing

Raised with: Minister for Public Transport Raised by: Mr Eideh Raised on: 21 March 2017

REPLY:

I thank the Member for Western Metropolitan for his ongoing advocacy for better public transport services in his community.

The level crossings at Main Road and Furlong Road in St Albans were removed in late 2016, reducing congestion and improving safety in the area. The project team are currently completing the retail area and bus interchange at St Albans Station and have begun landscaping at Ginifer Station. The project is on track for completion in the middle of this year.

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For further information on all level crossing removal projects, constituents can visit www.levelcrossings.vo.gov.au or alternatively telephone the Level Crossing Removal Authority on 1800 762 667 and email [email protected].

Summary Offences Act 1966

Raised with: Minister for Police Raised by: Mr Finn Raised on: 21 March 2017

REPLY:

I appreciate your concerns about the World Naked Bike Ride. I am advised that this is an annual event held in Melbourne, and many cities throughout the world, to highlight the vulnerability of cyclists on our roads.

I am informed that Victoria Police reached an agreement with event organisers. It was agreed that the event would be treated like any other public demonstration on the condition that the bike ride is conducted in a safe and orderly manner, and that there were no overt displays of sexuality. Victoria Police monitored the event to ensure that no breaches of the peace took place.

Child protection

Raised with: Minister for Families and Children Raised by: Ms Springle Raised on: 21 March 2017

REPLY:

I am informed as follows:

The vast majority of school principals recognise the importance of giving the implementation of the Child Safe Standards the highest priority.

I appreciate the cooperation and support of principals in ensuring the Child Safe Standards are implemented and that good practice can be disseminated across the government, Catholic and independent school sectors.

The child safe standards were introduced as a response to the bipartisan betrayal of trust inquiry. For the Greens Party to follow the Coalition in opposing the implementation of the standards is political game playing.

It is of the highest priority for the Andrews Labor Government that we protect children from all forms of abuse and that we build a culture of child safety in our society, so that the mistakes and failures of the past are not repeated. Vital work is underway to ensure schools are equipped to keep children and young people safe from all forms of abuse.

As part of meeting the Child Safe Standards the principal and school council president of all schools — government, Catholic and independent — are required to sign a statutory declaration. The statutory declaration provides assurance that they intend to implement the Child Safe Standards and that the information provided in relation to the school’s compliance is true and correct. Statutory declarations are widely used by regulators to ensure that organisations understand their obligations.

The Victorian Registration and Qualifications Authority (VRQA) — the body responsible for registering schools and monitoring compliance against the Standards — will continue to work with the Department of Education and Training to educate and monitor schools to support their compliance with these important new Standards that will increase the safety of our children. No schools have been threatened with deregistration by the VRQA.

The decision to use a statutory declaration as one mechanism for monitoring school compliance was endorsed by the VRQA Board in June 2016. The VRQA is now directly monitoring schools for their compliance and will work with the Department if any government school fails to meet the child safe standards.

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Tuesday, 2 May 2017 COUNCIL 1833

Mouse control

Raised with: Minister for Agriculture Raised by: Mr O’Sullivan Raised on: 21 March 2017

REPLY:

DEDJTR has a role with mouse plagues, as outlined in Emergency Management Manual Victoria, and has already updated the Mouse Plague Action Plan 2017.

The responsibilities of DEDJTR in mouse control and damage reduction are to convene the DEDJTR Mouse Plague Advisory Committee, liaise with relevant stakeholder groups including producer organisations, provide a representative to the National Mouse Management Working Group, provide advice on mouse populations, trends in mouse numbers and consequence management issues, and provide verbal and written advice on mouse control methods when requested.

The DEDJTR Mouse Plague Advisory Committee has met and is delivering on the responsibilities outlined above. DEDJTR is also working closely with DHHS to ensure relevant authorities are kept aware of the current status of mouse populations and are able to respond to any applications for regionally based bait mixing stations.

Potential manufacturers of mouse bait including product manufactured at regionally based mixing stations must first obtain a Licence to Manufacture and Sell or Supply by Wholesale from the Department of Health and Human Services (DHHS).

A licence from DHHS is required to minimise any public health risks as the active product for mouse control is a Schedule 7 poison.

William Angliss Institute

Raised with: Minister for Training and Skills Raised by: Mr Elasmar Raised on: 21 March 2017

REPLY:

I am informed as follows:

I thank the Member for Northern Metropolitan for his question and his invitation to visit the William Angliss Institute in his electorate.

I recently had the pleasure of visiting William Angliss Institute including the Angliss International Hotel School, which was funded as part of the Government’s $4.5 million TAFE Back to Work fund.

I also had the opportunity to tour the Institute’s world-class food trades facilities and see the difference that Government funding is making in training the next generation of chefs and hospitality leaders. Thanks to $960 000 from the Victorian Government’s Specialised Teaching Equipment, William Angliss Institute was able to invest nearly $650 000 for the latest bakery and patisserie equipment and over $310 000 for sustainable cooking equipment and induction cook tops.

I also visited the Institute’s Skills and Job Centre, which provides valuable support to individuals interested in a career in food trades, tourism, hospitality and events.

During my visit, I had the pleasure of announcing a $5 million contribution to the Institute from the Government’s Skills First Stronger TAFE Fund, which recognises the unique costs faced by TAFEs in their role as public providers.

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Skills First puts TAFE at the centre of the government funded training system, setting the quality benchmark, fostering the skills students need to be job ready, and driving productivity improvements across the state. Our record investment in training and TAFE is changing the lives of everyday Victorians — while also making sure industry has the skills it needs for the jobs of today and tomorrow.

Southern Migrant & Refugee Centre

Raised with: Minister for Multicultural Affairs Raised by: Mrs Peulich Raised on: 21 March 2017

REPLY:

I thank the Honourable Member for raising this issue.

I note your concerns about the proceedings at the Southern Migrant and Refugee Centre (SMRC).

The multicultural affairs portfolio has an ongoing programmatic relationship with SMRC and does not have concerns about the organisation’s ability to deliver services to target communities. If this were to change, there would be a contractual reason to intervene.

However, the multicultural affairs portfolio has no oversight role of the internal operations or management of SMRC, or any other service provider it has a programmatic relationship with. If you have such concerns, the relevant body for oversight of incorporated associations is Consumer Affairs Victoria (CAV).

For any ongoing issues pertaining to the governance structure of the organisation, a dispute resolution service such as CAV’s Information and Dispute Services Centre (IDSC) may be an appropriate organisation to contact. The IDSC can be reached by phoning 1300 558 181, or by visiting www.consumer.vic.gov.au.

Tatura V/Line services

Raised with: Minister for Public Transport Raised by: Ms Lovell Raised on: 22 March 2017

REPLY:

As of 29 January 2017, the Andrews Labor Government recently introduced a new extended weekday service from Seymour to Shepparton via Murchison East station however, additional train stops and connecting coach services at Murchison East station will be considered in future timetable reviews.

This additional service was a result of the strong advocacy from the Member for Shepparton, Suzanna Sheed and the local Shepparton community.

A secondary travel option for your constituent is the Barmah Coach Service departing Southern Cross station at 3.54pm and arriving at Tatura at 7:45pm. The journey time is slightly longer however, it is a more direct service to Tatura without a need to transfer.

Unfortunately, in this instance, the advice provided to the customer regarding V/Line’s policy on Seniors Free Travel Voucher redemptions was incorrect.

Both V/Line and the PTV Call Centre have been made aware of this inaccuracy.

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Gippsland bus services

Raised with: Minister for Public Transport Raised by: Ms Shing Raised on: 22 March 2017

REPLY:

Any changes to bus or train timetables undergo consultation with the local community and key stakeholders.

I am pleased to announce that new bus networks are underway in the LaTrobe Valley and Warragul-Drouin to provide better bus services to the local community.

I have asked PTV that bus services and train timetables are reviewed to ensure that they are meeting the needs of locals. The bus networks in the LaTrobe Valley and Warragul Drouin will be reviewed to identify what improvements can be made to get people where they need to go.

I would like to thank the Member for Eastern Victoria for her advocacy for better public transport services on behalf of her community and commend her hard work on this matter.

Mental health services

Raised with: Minister for Mental Health Raised by: Ms Patten Raised on: 22 March 2017

REPLY:

I note the successful operation of the Maroondah Psychiatric Assessment and Planning Unit since its launch in 2016 and am pleased to advise that a similar four (4) bed unit at Austin Health and a six (6) bed unit at Peninsula Health will open during 2017.

Effective triage and patient flow in our emergency departments is critical because delays in care can compromise quality and patient outcomes. All services need a whole-of-health-service approach to achieve sustainable improvements in access to timely treatment through emergency departments.

That is why Better Care Victoria, together with health services and the Department of Health and Human Services, has recently established the ‘Improving Emergency Access Collaborative 2016-17 (the Collaborative).

The Collaborative is working to develop and build on local and system level improvements through expert support from industry coaches. Outcomes will be shared widely with all health services.

Public Transport Access Committee

Raised with: Minister for Public Transport Raised by: Mr Leane Raised on: 22 March 2017

REPLY:

Thank you for the positive feedback.

I agree that the Public Transport Access Committee has been an exceptional forum for the Andrews Labor Government to hear issues and receive advice for representatives across the accessibility sector. Our aim is to create a public transport system that is inclusive and accessible to all Victorians.

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I thank my colleagues the Parliamentary Secretary for Infrastructure Shaun Leane and Parliamentary Secretary for Public Transport Ros Spence along with the members of the Committee for their hard work and dedication to improving our public transport system.

I will take this positive feedback into account as I consider the future of this committee in the coming year.

Black Rock Primary School

Raised with: Minister for Education Raised by: Ms Fitzherbert Raised on: 22 March 2017

REPLY:

I am informed as follows:

An application has been submitted to the Andrews Government’s Shared Facilities Fund concerning Black Rock Primary School.

The Andrews Labor Government’s $50 million fund will deliver integrated community facilities on school sites across Victoria. It will support a mix of projects with direct benefits to communities across the broad infrastructure categories of community health, wellbeing and social interaction; early education; sport, recreation and leisure; and arts, culture and community education.

Applications are still being assessed, and no decisions have been made regarding funding.

Successful projects will be announced later this year.

Shepparton rail services

Raised with: Minister for Public Transport Raised by: Ms Lovell Raised on: 23 March 2017

REPLY:

The Member for Shepparton, Suzanna Sheed has been a strong advocate for better rail services for her community and her efforts are to be commended.

The previous Liberal National Government abandoned Shepparton and regional Victoria.

The Andrews Labor Government has added five new services to Shepparton with more to come later this year.

All budget requests will be considered through the normal budget cycle process.

Assisted Suicide: The Musical

Raised with: Premier Raised by: Dr Carling-Jenkins Raised on: 23 March 2017

REPLY:

Firstly, I would like to thank the Member for her passionate advocacy on matters important to her and her constituency. I understand during Ms Carr’s recent visit to Parliament she meet with Members of Parliament, including the Minister for Health, and her panel event was well attended, including by the Minister for Housing, Disability & Ageing. This is a testament to your tireless advocacy.

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Tuesday, 2 May 2017 COUNCIL 1837

Over the past two years, our Government has undertaken significant reform in improving end of life choices for Victorians. We have released Victoria’s end of life and palliative care framework, to guide improvements in end of life and palliative care services over the next decade. At the end of last year, the Medical Treatment Planning and Decisions Act was passed by the Parliament which provides statutory recognition of advance care directives.

For the vast majority of people, palliative care and advance care planning will ensure they receive appropriate pain relief and have genuine choice. Victoria has high-quality palliative care services, and we are committed to continuing to improve these services.

The Parliamentary Committee found that there were a small number of circumstances in which palliative care cannot provide the relief needed to address the pain and suffering at the end of life. To that end, it has recommended that in these very limited cases, medical practitioners should be allowed to assist people to die.

Consistent with the proposed voluntary assisted dying framework recommended in the Parliamentary Committee Inquiry into end of life choices final report, the Government will introduce legislation into Parliament in 2017 to legalise voluntary assisted dying for terminally ill people in Victoria.

The Committee has provided a clear framework for assisted dying legislation, however, further work needs to be undertaken to design a workable scheme with strong safeguards and protections for the vulnerable. To support this work, an Expert Ministerial Advisory Panel has been established and is made up of clinical, legal and consumer experts.

The Panel, which is chaired by Professor Brian Owler will build on the findings and recommendations of the Committee by seeking considered and expert advice on the details associated with developing and implementing a legislative framework for voluntary assisted dying.

The Panel has released a discussion paper and the closing date for feedback is Monday 10 April 2017. The discussion paper and framework response details can be found at: https://www2.health.vic.gov.au/about/health-strategies/government-response-to-inquiry-into-end-of-life-choices- final-report.

Mildura passenger rail service

Raised with: Minister for Public Transport Raised by: Ms Dunn Raised on: 23 March 2017

REPLY:

The Andrews Labor Government is committed to the development and timely delivery of various public transport projects, and took an ambitious public transport infrastructure agenda to the election. Projects include the removal of 50 of Melbourne’s most dangerous and congested level crossings, the extension of the rail line to Mernda, and the Melbourne Metro Tunnel.

In regional Victoria, the Government is delivering the Murray Basin Rail project and announced more than $1.3 billion in regional public transport investment in last year’s State Budget.

In light of this substantial agenda, the Government’s current priority is to focus on delivering on these commitments.

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Sunbury–Broadmeadows bus service

Raised with: Minister for Public Transport Raised by: Mr Finn Raised on: 23 March 2017

REPLY:

Passengers between Sunbury and Broadmeadows can currently travel via route 479 between Sunbury and Melbourne Airport. In addition, the Smartbus 901 route also travels between Melbourne Airport and Broadmeadows.

I have requested PTV to consider any improvements to local routes in the area as part of any future plans for bus networks.

The Andrews Labor Government has rolled out a number of new bus routes and bus networks across Victoria as part of the $100 million Better Bus Network package. The service improvements include improved frequency and new routes to growing communities.

These new and improved services were badly needed after bus services in the area were neglected by the previous Liberal Government.

Coburg High School

Raised with: Minister for Education Raised by: Mr Ondarchie Raised on: 23 March 2017

REPLY:

I am informed as follows:

The Andrews Labor Government is committed to investing in education and school infrastructure, and this has been demonstrated through the allocation of $1.8 billion to school facilities in the last two State Budgets.

The Andrews Government is aware that schools such as Coburg High may have maintenance or capital needs, and I appreciate the challenges this presents for the school community. However, it is our ongoing responsibility to balance and prioritise the needs of over 1500 government schools, all of which are in varying condition.

I am advised that there are sufficient classrooms to accommodate the school’s current enrolment of 544 students. In accordance with facility entitlements, relocatable classrooms will be provided if enrolments exceed the school’s present accommodation capacity of 900 students.

When schools receive capital funding, the Department works with them to determine the direction and priorities that will deliver the best educational outcomes for students. I am advised that provisions were made on the master plan for a library; however, the school instead decided to use this allocation as a teaching space.

Lizzie Blandthorn, Member for Pascoe Vale, has been advocating on behalf of Coburg High School and the community for more funding for Coburg High. I assure you that Coburg High School will continue to receive fair and equitable consideration when determining future priorities for the capital works program. The Government will use all available data, including condition assessments and pre-existing project plans, when assessing the needs of individual schools ahead of the 2017-18 State Budget.

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Casey community crime forum

Raised with: Minister for Mental Health Raised by: Mrs Peulich Raised on: 23 March 2017

REPLY:

This year alone, the Andrews Labor Government has invested more than $192.5 million to reduce alcohol and other drug related harm, including through expanding access to treatment in Victoria.

Since coming into office, the Government has funded an increase to the number of residential rehabilitation beds by more than 25 per cent. An additional 32 residential rehabilitations beds across the state in 2015 are already operational. This means that now over 1000 Victorians a year access state-funded residential rehabilitation services.

In addition, $6 million was committed in the 2016-17 State Budget to develop an 18 to 20 bed residential rehabilitation facility in the Grampians region.

Residential rehabilitation doesn’t always suit everyone. Some people want to stay close to home and their families or loved ones. The Government, through its Ice Action Plan, has introduced a new kind of structured therapeutic day rehabilitation service to give people more options. This new service is now giving up to 500 extra Victorians access to rehabilitation services at nine locations across Victoria, including at a new therapeutic day rehabilitation service for the City of Casey.

Overall, the Government’s Ice Action Plan has delivered more than $100 million in new investment to reduce the availability of and harm caused by ice and other drugs.

This includes funding for Community Ice Action Groups, which is used to identify specific issues related to ice impacting on a local community, and assist grassroots community groups in those communities to work together on locally-driven solutions.

The Government welcomes the interest of the City of Casey community in addressing these issues and encourages local organisations to apply for the next round of grants to be launched in May 2017.

The Government is committed to reducing the impact of alcohol and other drugs on individuals and families across Victoria, and will continue to work with the community and the alcohol and drug treatment sector to identify future priorities for investment.

Western Highway road safety

Raised with: Minister for Roads and Road Safety Raised by: Mr Morris Raised on: 23 March 2017

REPLY:

VicRoads has advised that records of casualty crashes show there has been a decrease in the number of truck rollovers. In the 5 year period between 2006 and 2011 there were 10 truck rollover casualty crashes and in the five year period between 2012 and 2017, there were 5 truck rollover casualty crashes.

In the State Government’s “Towards Zero 2016–2020 Victoria’s Road Safety Strategy & Action Plan”, the Western Highway between Melbourne and Ballarat has been identified as one of the State’s 20 highest risk road segments.

As part of the State Government’s $340 million safety improvements on rural and regional roads, safety barriers on both sides of each carriageway, tactile edge line marking and other safety improvements will be installed on Western Highway between Melbourne and Ballarat.

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1840 COUNCIL Tuesday, 2 May 2017

Plan Melbourne: Refresh

Raised with: Minister for Planning Raised by: Mr Ramsay Raised on: 23 March 2017

REPLY:

Amendment VC110 was gazetted on 27 March 2017 bringing into effect the Government’s reforms to the suite of residential zones across all Victorian planning schemes. The new zones protect the character and liveability that people love about Geelong’s suburbs and support growth in the right areas.

Of all the existing residential zoned land in the City of Greater Geelong, 88.1% is zoned General Residential; 9.3% is zoned Residential Growth; and 2.6% is zoned Neighbourhood Residential, which applies to parts of Newtown, Geelong West, Rippleside, Belmont and Highton.

The Government has chosen to strengthen the residential zones in a number of ways. The approved reforms enable neighbourhood character objectives to be included and also introduce new mandatory building height limits and garden area requirements to protect the low scale and open character of our suburbs. For Geelong, these new provisions will better protect the valued garden character of neighbourhoods and allow for more housing diversity.

The reforms have been informed by consultation with local government and also the findings of the independent Advisory Committee appointed in 2015 to report on the effectiveness of the new residential zones introduced in 2014 by the former Government.

As part of the reforms, the Neighbourhood Residential Zone default limit of two dwellings on a lot has been removed and replaced with the new mandatory minimum garden area requirement, and the maximum building height is now 9 metres (and 2-storey maximum) rather than the previous 8 metres (and no storey limit). The General Residential Zone maximum building height is now 11 metres (and 3-storey maximum) rather than the previous 9 metres (and no storey limit).

New developments in both the Neighbourhood Residential Zone and General Residential Zone will need to comply with the new garden area requirement. It is mandatory, and cannot be varied. The garden area requirement increases the amount of garden space that must be provided for new residential developments and subdivision. Lots between 400-500 square metres will require a 25% minimum garden area, lots between 501-600 metres need 30%, and lots larger than 650 square metres must provide at least 35% of the site as garden area.

The new zones deliver equity and provide certainty in the suburbs, regardless of your postcode.

Full details of the reforms are now available online at: http://www.planning.vic.gov.au/policy-and-strategy/planning-reform/reformed-zones-for-victoria/reformed- residential-zones

Sheep and goat electronic identification

Raised with: Minister for Agriculture Raised by: Mr O’Sullivan Raised on: 23 March 2017

REPLY:

The introduction of electronic identification of sheep and goats in Victoria is an important reform to protect our valuable livestock industries. On 11 November 2016, the Andrews Government announced a $17.06 million transition package, which was developed in consultation with industry. The transition package provides funding to support all parts of the supply chain, including up to $7.7 million to provide cost neutral tags for the first 12 months for 2017 lambs and kids.

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Tuesday, 2 May 2017 COUNCIL 1841

It’s quite funny that Mr O’Sullivan seeks to lecture our government about an important biosecurity reform, when he almost has as little credibility as the leader of the Nationals — who oversaw dramatic cuts to biosecurity funding; placing our entire agriculture sector at risk.

It’s also quite apparent that Mr O’Sullivan has not familiarised himself with the details of this reform or the funding package. He thinks that he can explain a complicated reform by pulling a calculator out of his back pocket. But government doesn’t work like that. Sometimes you have to be across the detail. In the detail of the transition package it clearly states that sheep farmers are not required to do anything other than tag their sheep. Any other equipment or infrastructure is optional. Reading, scanning and uploading of information will be done at sale yards and abattoirs — who will receive additional funding. Mr O’Sullivan doesn’t understand this. But farmers do. That’s why we’ve had a modest number apply for co-funding, and why there’s still funds available. Grants of up to $3000 are available to early adopters of optional technology and infrastructure, and we welcome further applications.

It is also important to note that Agriculture Victoria continues to deliver extension and education programs to assist producers understand their obligations and, for those that are interested, to explore the potential commercial opportunities and productivity improvements associated with EID. We’ve had 1000’s of farmers attend these sessions. It seems that everyone is getting on with introducing this important reform, that is — except for Mr O’Sullivan and Mr Walsh.

1842 COUNCIL

QUESTIONS ON NOTICE

Tuesday, 2 May 2017 COUNCIL 1843

QUESTIONS ON NOTICE

Answers to the following questions on notice were circulated on the date shown. Questions have been incorporated from the notice paper of the Legislative Council. Answers have been incorporated in the form supplied by the departments on behalf of the appropriate ministers. Headings reflect the portfolio of the minister answering the question. Tuesday, 2 May 2017

Finance

7658. MR RICH-PHILLIPS — To ask the Special Minister of State (for the Minister for Finance): In relation to 2 claims from the Minister’s Office on 25 May 2015 for White Card Training at a cost of $180.00 each, what was the purpose of these expenditures.

ANSWER:

A staff member and I undertook Construction Induction (White Card) training to gain a better understanding of the training which is required to be provided to employees in the construction industry to ensure their health and safety. I undertook this as Worksafe falls within my responsibilities as Minister for Finance.

Health

7703. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Victorian Auditor-General’s report Efficiency and Effectiveness of Hospital Services: Emergency, tabled on 26 October 2016, the report identifies new quality performance measures that health services will begin to publically report on from 2017, for the new performance measure ‘Percentage of emergency patients who did not wait for treatment’ —

(1) which health services are already recording this data; (2) which health services have reported this data to the Department in 2016; and (3) what were the results of the data reported to the Department.

ANSWER:

I am informed that:

(1) The following health services report data to the Victorian Emergency Minimum Dataset, which includes the departure status that is used to derive the number of patients who did not wait for treatment.

– Alfred Health

– Austin Health

– Bairnsdale Regional Health Service

– Ballarat Health Services

– Barwon health

– Bass Coast Health

– Bendigo Health Care Group

– Central Gippsland Health Service

– Eastern Health

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1844 COUNCIL Tuesday, 2 May 2017

– Echuca regional Health

– Goulburn Valley Health

– Latrobe Regional Hospital

– Melbourne Health

– Mercy Public Hospitals

– Mildura Base Hospital

– Monash Health

– Northeast Health Wangaratta

– Northern Health

– Peninsula Health

– Royal Children’s Hospital

– Royal Victorian Eye & Ear Hospital

– Royal Women’s Hospital

– South West Healthcare

– St Vincent’s Health

– Swan Hill District Health

– West Gippsland Healthcare Group

– Western District Health Service

– Western Health

– Wimmera Health Care Group

– Wodonga Hospital

(2) All health services listed in (1) reported data for the 2015-16 financial year.

(3) The Victorian Auditor-General’s report Efficiency and Effectiveness of Hospital Services: Emergency, tabled on 26 October 2016 reported less than five per cent of emergency presentations did not wait for treatment. This new quality measure aims to encourage improvements that result in fewer patients leaving before they have been treated. Results of the new measure will be publicly reported from 2016-17 in the Victorian Treasury and Finance Budget Paper 3 and the Department’s Annual report.

QUESTIONS ON NOTICE

Tuesday, 2 May 2017 COUNCIL 1845

Health

7704. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Victorian Auditor-General’s report Efficiency and Effectiveness of Hospital Services: Emergency, tabled on 26 October 2016, the report identifies new quality performance measures that health services will begin to publically report on from 2017, for the new performance measure ‘Percentage of emergency patients who re-presented to the ED within 48 hours of previous presentation’ —

(1) which health services are already recording this data; (2) which health services have reported this data to the Department in 2016; and (3) what were the results of the data reported to the Department.

ANSWER:

I am informed that:

(1) The following health services report data to the Victorian Emergency Minimum Dataset, which is used to derive the number of patients who re-presented to the ED within 48 hours or the previous presentation.

– Alfred Health

– Austin Health

– Bairnsdale Regional Health Service

– Ballarat Health Services

– Barwon health

– Bass Coast Health

– Bendigo Health Care Group

– Central Gippsland Health Service

– Eastern Health

– Echuca regional Health

– Goulburn Valley Health

– Latrobe Regional Hospital

– Melbourne Health

– Mercy Public Hospitals

– Mildura Base Hospital

– Monash Health

– Northeast Health Wangaratta

– Northern Health

– Peninsula Health

– Royal Children’s Hospital

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1846 COUNCIL Tuesday, 2 May 2017

– Royal Victorian Eye & Ear Hospital

– Royal Women’s Hospital

– South West Healthcare

– St Vincent’s Health

– Swan Hill District Health

– West Gippsland Healthcare Group

– Western District Health Service

– Western Health

– Wimmera Health Care Group

– Wodonga Hospital

(2) All health services listed in (1) reported data for the 2015-16 financial year

(3) The Victorian Auditor-General’s report Efficiency and Effectiveness of Hospital Services: Emergency, tabled on 26 October 2016 reported less than six percent of emergency presentations re-presented to the ED within 48 hours of previous presentation. People returning to emergency departments may indicate health needs are not being sufficiently met. Visibility of these numbers promotes examination to better understand and address the reasons. Results of this new measure will be publicly reported from 2016-17 in the Victorian Treasury and Finance Budget Paper 3 and the Department’s Annual report.

Roads and road safety

7721. MS DUNN — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): In relation to the Chandler Highway Bridge Duplication Project, the Minister has stated that the Chandler Highway Upgrade will be built in an existing road reserve on the west side of the current bridge, but the VicRoads information sheet on the VicRoads website states a residential area to the west of the current bridge needs rezoning to turn residential land into a road reserve —

(1) will an area of land be rezoned from Residential 1 as part of a project, if so, how much land; (2) will any part of the road be built on the rezoned land, if so, how much of the new construction will be on the rezoned land; (a) how is this compatible with his statement that the road would be built within the existing road reserve; (3) how close will the road be to the nearest home; (4) why was the west duplication option chosen when the east option would have had less impact on existing homes; (5) what is the difference in cost between the west option and putting some of the upgrade on the East side; (6) what is the projected impact in value on the Amcor development site of the West option compared with the East option; and (7) will the project have any impact on homes on Coate Avenue.

ANSWER:

The Victorian Government has committed $110 million to widen the Chandler Highway from Yarra Boulevard to Heidelberg Road in Alphington and build a new bridge over the Yarra River. The upgrade is designed to help ease congestion, improve reliability for drivers, and improve road safety for all road users including cyclists and pedestrians.

QUESTIONS ON NOTICE

Tuesday, 2 May 2017 COUNCIL 1847

A small parcel of land has been rezoned as part of the project however no land will be acquired from existing residential properties. A small portion of this rezoned parcel will be used to facilitate construction. In addition there will be no permanent construction impacts on Coate Avenue Residents.

The distance between the project and the nearest road reserve boundary is approximately three metres. A noise wall will be provided at this location to reduce noise impacts.

The decision to build a new bridge to the west of the existing Chandler Highway Bridge was made after extensive consultation and careful consideration of the feedback we received from the community. This included weighing up the impact this option would have on the local and broader community, the road network, current and future traffic volumes, surrounding land, the environment and properties of heritage significance. An eastern option has an environmental impact which is approximately three times higher than the preferred option when comparing biodiversity scores. An eastern option would also require significant lane acquisition from Guide Dogs Victoria (400 m2), Willsmere Chandler Park (2000 m2), and the Amcor development site (4400 m2 on top of the 5700 m2 required for a Western alignment. Total 10100 m2).

The eastern option was estimated to cost in excess of $30 million more than the western option, not including costs relating to project management delays, compensation and legal fees. In terms of the residual value of the Amcor development site based on a western or Eastern alignment is a consideration for the developer.

As part of this project, improvements will be made to multiple transport modes that will benefit pedestrians, cyclists and public transport users. This will include additional lanes providing safer and more reliable journeys, converting the existing bridge into a shared user path for use by pedestrians and cyclists and allowing for timetable improvements to the local bus network.

The Chandler Highway Upgrade will improve the lives of locals by creating new paths for cyclists and pedestrians, more links to the Yarra river and easing the drive across the river without getting stuck in traffic.

Corrections

9723. MR O’DONOHUE — To ask the Minister for Corrections: How many times have Corrections Victoria received a cost order against them for a failure to present a prisoner to court in contravention of a court order during the month of November 2016.

ANSWER: Due to the question seeking data on a month by month basis a response would be an unreasonable burden on the Department’s time and would require an unnecessary diversion of Departmental resources.

Corrections

9724. MR O’DONOHUE — To ask the Minister for Corrections: What were the court locations where costs were ordered against Corrections Victoria and what were the quantum of the cost orders for each court made in November 2016.

ANSWER:

Due to the question seeking data on a month by month basis a response would be an unreasonable burden on the Department’s time and would require an unnecessary diversion of Departmental resources.

QUESTIONS ON NOTICE

1848 COUNCIL Tuesday, 2 May 2017

Health

10 503. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): How much of the extra $11 million being provided by the Andrews Government to support refugees will go specifically to support the Syrian refugees being settled in Eltham at St Vincent’s Care Services and Catholic Care. Of that money, much will be spent on —

(a) paediatric specialist outreach clinics; (b) catch up immunisation programs; (c) language services; and (d) child, youth and family refugees’ mental health programs.

ANSWER:

Up to 120 Syrian and Iraqi refugees are expected to settle at the transitional accommodation site in Eltham over the next two years after exiting Commonwealth settlement services provided by AMES Australia. Given settlement is not yet completed, it is not possible to answer your specific questions.

Health

10 504. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): How many of the 27 new paramedics being appointed to the Eastern Metropolitan region will be based at the ambulance station in Eltham.

ANSWER:

I am informed that:

The 27 new paramedics announced on 23 January 2017 are graduate paramedics. Graduates are not permanently appointed to a particular branch. As part of their training they rotate through branches to ensure exposure to the wide variety of patients and patients types they will encounter as fully qualified paramedics.

Roads and road safety

10 505. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): How many residents during VicRoads’ community consultations or in subsequent submissions, specifically called for a permanent reduction of the speed limit to 50 km/h along Eltham’s Bolton Street.

ANSWER:

After years of inaction by the former government and in response to the community’s feedback, the Andrews Labor Government will review the speed limit on Bolton Street as part of the long awaited upgrade.

Roads and road safety

10 506. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): Did Victoria Police make a submission on the upgrading of Bolton Street in Eltham.

ANSWER:

VicRoads has not received a submission from Victoria Police in regards to the Bolton Street upgrade project at this stage.

QUESTIONS ON NOTICE

Tuesday, 2 May 2017 COUNCIL 1849

Roads and road safety

10 507. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): How many accidents have been recorded along Bolton Street in Eltham in each of 2013, 2014, 2015 and 2016 and how many of these were the result of speed.

ANSWER:

There were eight recorded crashes between 1 July 2011 and 30 June 2016 (resulting in one fatality, one serious injury and six other injuries).

The police reports for the eight recorded crashes do not specifically indicate that the crashes were a result of speed. Speed reduction along Bolton Street will improve safety by reducing the likelihood and severity of crashes.

Roads and road safety

10 508. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): How many residents, during VicRoads community consultations or in subsequent submissions, called for a three-metre wide pedestrian and cycle lane along Eltham’s Bolton Street.

ANSWER: At the VicRoads Bolton Street upgrade community consultation session in November 2015, local residents expressed serious concerns about safety on Bolton Street, particularly for pedestrians and cyclists. Recent community engagement feedback has supported improving safety for pedestrians and cyclists travelling along Bolton Street.

Roads and road safety

10 510. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): Will the Government’s planned upgrade of Bolton Street in Eltham result in any closure of Bolton Street for any period of time.

ANSWER:

VicRoads is working with key stakeholders to finalise a detailed design for Bolton Street prior to advertising tenders in mid-2017. Although traffic management arrangements have not been confirmed, VicRoads will engage with traders and residents to effectively manage traffic during construction. VicRoads will endeavour to minimise impact to the community throughout construction. VicRoads has commenced engagement with Bolton Street traders to understand their operational requirements to ensure the impact along Bolton Street is minimised.

Roads and road safety

10 511. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): How many arterial roads under VicRoads auspices have had the speed limit reduced to less than 60 km/h in the last two years and for what reasons.

ANSWER: 41 arterial roads have had the speed limit reduced to less than 60 km/h in the last two years. These speed reductions were undertaken to improve safety at school zones and other areas with high pedestrian activity.

Roads and road safety

10 513. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): How will the Eltham and wider community be informed of the plan to reduce the speed limit in Eltham’s Bolton Street to a permanent 50 km/h and how much will that communication cost.

QUESTIONS ON NOTICE

1850 COUNCIL Tuesday, 2 May 2017

ANSWER:

VicRoads has extensively engaged with the community prior to finalising the project scope and is keeping it informed on design developments. Besides the two community sessions, all project scope details were shared through the Community Feedback Report disseminated in December 2016. Project scope details, including the introduction of safer speeds, have also been shared with the community via the VicRoads website. VicRoads is organising two further on-site community information sessions in March 2017 to share designs with the community.

Roads and road safety

10 514. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): When will the proposal to permanently reduce the speed limit to 50 km/h along Eltham’s Bolton Street come into effect.

ANSWER:

VicRoads will introduce the safer speed along Bolton Street as part of the major construction works scheduled to commence later this year.

Families and children

10 523. MS WOOLDRIDGE — To ask the Minister for Families and Children: What is the actual and projected enrolment numbers for preschool students in Nillumbik in 2017 and 2018.

ANSWER:

I am informed as follows:

Information relating to preschool enrolment participation by local government area is available ‘on the Victorian Child and Adolescent Monitoring System (VCAMS) Portal accessible through the Department of Education and Training website.

A new calculation methodology for the LGA participation rate was introduced from 2014. Therefore any historic comparisons need to be undertaken with some caution. Prior to 2014, the LGA participation rate was reported based on the number of children who attend kindergarten at a service in the LGA. This method of calculation, however, included children who may not live in that same LGA. From 2014, the Department introduced a more accurate methodology for calculating the LGA participation rate, based on the number of children who live in the LGA and attend kindergarten in Victoria.

The number of preschool enrolments in 2017 is not yet available as the data is collected in August each year in the kindergarten census.

Families and children

10 524. MS WOOLDRIDGE — To ask the Minister for Families and Children: What was the preschool enrolment total for students in Nillumbik in 2013.

ANSWER:

I am informed that:

Information relating to preschool enrolment participation by local government area is available on the Victorian Child and Adolescent Monitoring System (VCAMS) Portal accessible through the Department of Education and Training website.

A new calculation methodology for the LGA participation rate was introduced from 2014. Therefore any historic comparisons need to be undertaken with some caution. Prior to 2014, the LGA participation rate was reported

QUESTIONS ON NOTICE

Tuesday, 2 May 2017 COUNCIL 1851

based on the number of children who attend kindergarten at a service in the LGA. This method of calculation, however, included children who may not live in that same LGA. From 2014, the Department introduced a more accurate methodology for calculating the LGA participation rate, based on the number of children who live in the LGA and attend kindergarten in Victoria.

Public transport

10 525. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Public Transport): When will the promised extra morning peak train service be moved from Greensborough to Eltham.

ANSWER:

The Hurstbridge Corridor upgrade was funded in the 2016-17 Budget to remove constraints on the corridor and increase the level of service that can be provided to customers towards the end of the line. The $395 million project will increase capacity and provide greater reliability on the line.

Public Transport Victoria and Metro Trains Melbourne are currently investigating options to improve services on the corridor. In the meantime, the Andrews Labor Government is getting on with the removal of two level crossings, rebuilding Rosanna Station and the critical duplication required to ensure more services for passengers.

Health

10 526. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Responsive acute palliative intervention and decision assistance (RAPID ASSIST Project) —

(1) how much funding has been allocated for this project; (2) when did/will the project commence; (3) when will the project be completed; (4) how will the project be evaluated; (5) by what measure(s) will the project be measured; and (6) when is a final report due.

ANSWER:

I am informed that:

The responsive acute palliative intervention and decision assistance project (RAPID ASSIST Project) has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 527. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Integrated gateway between primary care and acute hospital services —

(1) how much funding has been allocated for this project; (2) when did/will the project commence; (3) when will the project be completed; (4) how will the project be evaluated; (5) by what measure(s) will the project be measured; and (6) when is a final report due.

QUESTIONS ON NOTICE

1852 COUNCIL Tuesday, 2 May 2017

ANSWER:

I am informed that:–

The integrated gateway between primary care and acute hospital services project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 528. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Rapid rule out process for Acute Coronary Syndrome in emergency departments —

(1) how much funding has been allocated for this project; (2) when did/will the project commence; (3) when will the project be completed; (4) how will the project be evaluated; (5) by what measure(s) will the project be measured; and (6) when is a final report due.

ANSWER:

I am informed that:

The rapid rule out process for Acute Coronary Syndrome in emergency departments project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 529. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - No place like home: outpatient pathway for managing low risk neutropenic fever in patients with cancer —

(1) how much funding has been allocated for this project; (2) when did/will the project commence; (3) when will the project be completed; (4) how will the project be evaluated; (5) by what measure(s) will the project be measured; and (6) when is a final report due.

ANSWER:

I am informed that:

The no place like home: outpatient pathway for managing low risk neutropenic fever in patients with cancer project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

QUESTIONS ON NOTICE

Tuesday, 2 May 2017 COUNCIL 1853

Health

10 530. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Implementing telehealth for urgent care medical consultations —

(1) how much funding has been allocated for this project; (2) when did/will the project commence; (3) when will the project be completed; (4) how will the project be evaluated; (5) by what measure(s) will the project be measured; and (6) when is a final report due.

ANSWER:

I am informed that:

The implementing telehealth for urgent care medical consultations project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 531. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Implementation of virtual fracture clinics —

(1) how much funding has been allocated for this project; (2) when did/will the project commence; (3) when will the project be completed; (4) how will the project be evaluated; (5) by what measure(s) will the project be measured; and (6) when is a final report due.

ANSWER:

I am informed that:

The implementation of virtual fracture clinics project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 532. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Geri-Connect —

(1) how much funding has been allocated for this project; (2) when did/will the project commence; (3) when will the project be completed; (4) how will the project be evaluated; (5) by what measure(s) will the project be measured; and (6) when is a final report due.

QUESTIONS ON NOTICE

1854 COUNCIL Tuesday, 2 May 2017

ANSWER:

I am informed that:

The Geri-Connect project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 533. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Collaborative model for a falls response service —

(1) how much funding has been allocated for this project; (2) when did/will the project commence; (3) when will the project be completed; (4) how will the project be evaluated; (5) by what measure(s) will the project be measured; and (6) when is a final report due.

ANSWER:

I am informed that:

The collaborative model for a falls response service project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 534. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Outpatients demand management —

(1) how much funding has been allocated for this project; (2) when did/will the project commence; (3) when will the project be completed; (4) how will the project be evaluated; (5) by what measure(s) will the project be measured; and (6) when is a final report due.

ANSWER:

I am informed that:

The outpatients demand management project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

QUESTIONS ON NOTICE

Tuesday, 2 May 2017 COUNCIL 1855

Health

10 535. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Improving After Hours Care at Monash —

(1) how much funding has been allocated for this project; (2) when did/will the project commence; (3) when will the project be completed; (4) how will the project be evaluated; (5) by what measure(s) will the project be measured; and (6) when is a final report due.

ANSWER:

I am informed that:

The Improving After Hours Care at Monash project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 536. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Using big data modelling and forecasting to improve access to outpatient clinics:

(1) how much funding has been allocated for this project (2) when did/will the project commence; (3) when will the project be completed; (4) how will the project be evaluated; (5) by what measure(s) will the project be measured; and (6) when is a final report due.

ANSWER:

I am informed that:

The using big data modelling and forecasting to improve access to outpatient clinics project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be accordance with the project plan and design.

Health

10 537. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Choosing Wisely Champion Hospital —

(1) how much funding has been allocated for this project; (2) when did/will the project commence; (3) when will the project be completed; (4) how will the project be evaluated; (5) by what measure(s) will the project be measured; and (6) when is a final report due.

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1856 COUNCIL Tuesday, 2 May 2017

ANSWER:

I am informed that:

The Choosing Wisely Champion Hospital project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 538. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Rapid Access Musculoskeletal Care —

(1) how much funding has been allocated for this project; (2) when did/will the project commence; (3) when will the project be completed; (4) how will the project be evaluated; (5) by what measure(s) will the project be measured; and (6) when is a final report due.

ANSWER:

I am informed that:

The Rapid Access Musculoskeletal Care project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 539. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - No Unnecessary Tests —

(1) how much funding has been allocated for this project; (2) when did/will the project commence; (3) when will the project be completed; (4) how will the project be evaluated; (5) by what measure(s) will the project be measured; and (6) when is a final report due.

ANSWER:

I am informed that:

The No Unnecessary Tests project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

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Health

10 540. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Remote Drug and Alcohol Recovery for the Southern Otways Region —

(1) how much funding has been allocated for this project; (2) when did/will the project commence; (3) when will the project be completed; (4) how will the project be evaluated; (5) by what measure(s) will the project be measured; and (6) when is a final report due.

ANSWER:

I am informed that:

The Remote Drug and Alcohol Recovery for the Southern Otways Region project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 541. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Bendigo survivorship service —

(1) how much funding has been allocated for this project; (2) when did/will the project commence; (3) when will the project be completed; (4) how will the project be evaluated; (5) by what measure(s) will the project be measured; and (6) when is a final report due.

ANSWER:

I am informed that:

The Bendigo survivorship service project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 542. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - CALD Assist: Designing technology to support timely nursing assessment of CALD patients —

(1) how much funding has been allocated for this project; (2) when did/will the project commence; (3) when will the project be completed; (4) how will the project be evaluated; (5) by what measure(s) will the project be measured; and (6) when is a final report due.

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ANSWER:

I am informed that:

The CALD Assist: Designing technology to support timely nursing assessment of CALD patients project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 543. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Sepsis Improvement Project —

(1) how much funding has been allocated for this project; (2) when did/will the project commence; (3) when will the project be completed; (4) how will the project be evaluated; (5) by what measure(s) will the project be measured; and (6) when is a final report due.

ANSWER:

I am informed that:

The Sepsis Improvement Project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 544. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Obstetric Triage Decision Aid —

(1) how much funding has been allocated for this project; (2) when did/will the project commence; (3) when will the project be completed; (4) how will the project be evaluated; (5) by what measure(s) will the project be measured; and (6) when is a final report due.

ANSWER:

I am informed that:

The Obstetric Triage Decision Aid project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 545. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Medical Management of Miscarriage at Home —

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(1) how much funding has been allocated for this project; (2) when did/will the project commence; (3) when will the project be completed; (4) how will the project be evaluated; (5) by what measure(s) will the project be measured; and (6) when is a final report due.

ANSWER:

I am informed that:

The Medical Management of Miscarriage at Home project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 546. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Better care for rural patients in Intensive Care Units with chronic complex care needs through telemedicine —

(1) how much funding has been allocated for this project; (2) when did/will the project commence; (3) when will the project be completed; (4) how will the project be evaluated; (5) by what measure(s) will the project be measured; and (6) when is a final report due.

ANSWER:

I am informed that:

The better care for rural patients in Intensive Care Units with chronic complex care needs through telemedicine project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 547. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Expansion of a telemedicine model to the patient’s home —

(1) how much funding has been allocated for this project; (2) when did/will the project commence; (3) when will the project be completed; (4) how will the project be evaluated; (5) by what measure(s) will the project be measured; and (6) when is a final report due.

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ANSWER:

I am informed that:

The expansion of a telemedicine model to the patient’s home project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 548. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s VicPrEP trial —

(1) what is the total allocation of funding for this trial; (2) what proportion of this was contributed by the Victorian Government; (3) what proportion of funding was allocated by each of the partner organisations; (4) how many people were participating in the trial, by month, for the duration of the trial; and (5) what was the attrition rate of participants, by month, for the duration of the trial.

ANSWER:

The Victorian Government has provided VicPrEP a total of $397 770 to the VicPrEP trial. There were 115 people enrolled in the VicPrEP trial over 2014-15.

The attrition rate from the start of study to the end of 2016 was 10 per cent. In 2017, participants have been transitioning to the PrEPX trial at the end of their VicPrEP enrolment.

Health

10 549. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s PrEPX study —

(1) what is the total allocation of funding for this study; (2) what proportion of this was contributed by the Victorian Government; (3) what proportion of funding was allocated by each of the partner organisations; (4) what proportion of the funding has been allocated to a PrEP education campaign; (5) what will the funding for the education campaign provide for; (6) how many people are participating in the study, by month, since the study began; and (7) what has been the attrition rate of participants, by month, since the study began.

ANSWER:

The total amount of funding for the PrEPX public health research study is $1.8 million.

Of the total amount, the Victorian Government has contributed approximately 78 per cent of funds, with the partners contributing the rest.

Since the start of the study in July 2016, the attrition rate through formal withdrawal from the study has been less than 2 per cent.

[Question 10 549 reinstated by order of President on 2 May 2017. Hansard reference to original answer: 7 March 2017, page 1447.]

QUESTIONS ON NOTICE

Tuesday, 2 May 2017 COUNCIL 1861

Health

10 550. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s announcement that 450 new paramedics will be employed by Ambulance Victoria (27 November 2016): At what ambulance stations will the 450 new paramedics be employed, and how many will be employed at each station.

ANSWER:

I am informed that:

This information has been publicly released and widely reported in the media.

Health

10 551. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s announcement that 450 new paramedics will be employed by Ambulance Victoria (27 November 2016) —

(1) how many of the 450 new paramedics will have been employed by 30 June 2017, 30 June 2018 and 30 June 2019; and (2) how much of the $500 million announced will be allocated to employing 450 new paramedics.

ANSWER:

I am informed that:

Ambulance Victoria has commenced employment of the additional paramedics. Full recruitment will occur progressively over the next three years.

Health

10 552. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health) regarding the Government’s commitment to put more ambulances on the road (27 November 2016) —

(1) how many ambulances are in the existing fleet; (2) how many new ambulances will be purchased; (3) where will the additional ambulances be stationed; (4) when will the new ambulances be delivered; and (5) how much of the $500 million announced will be allocated to putting more ambulances on the road.

ANSWER:

I am informed that:

The total number of vehicles is yet to be finalised.

Health

10 553. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health) regarding the Government’s announcement that 15 ambulance stations will be built or upgraded across Victoria (27 November 2016) —

(1) where will the 15 new ambulance stations be located; (2) which ambulance stations will be upgraded; (3) when will the new stations be delivered;

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(4) when will the upgrades be delivered; (5) how much of the $500 million announced will be allocated to the 15 new and upgraded ambulance stations.

ANSWER:

I am informed that:

The locations of the new ambulance stations have been publicly released and are widely reported in local media.

Health

10 554. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health) regarding the Government’s announcement that six new super ambulance response centres will be established (27 November 2016) —

(1) where will the new super ambulance response centres be established; (2) when will the super ambulance response centres be delivered; (3) how were these six locations selected; and (4) how much of the $500 million announced will be allocated to the new super ambulance response centres.

ANSWER:

I am informed that:

Ambulance Victoria is currently securing appropriate facilities and locations for each of the super response centres. The response centres will be strategically located across the metropolitan area in the north, south, east, west, north east and north west. The centres will be operational by June 2018.

Health

10 555. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health) regarding the Government’s announcement that 12 new rural locations will receive additional vehicle and paramedic resources (27 November 2016) —

(1) which new rural locations will receive the extra vehicle and paramedic resources; (2) how were these locations selected; (4) when will the vehicle and paramedic resources be delivered for each station; and (5) how much of the $500 million announced will be allocated to the new vehicle and paramedic resources.

ANSWER:

I am informed that:

This information has been publicly released and was widely reported in local media.

Health

10 556. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health) regarding the Government’s announcement of a $50 million boost to hire more clinicians and open more beds in Victorian emergency departments (27 November 2016) —

(1) which emergency departments will receive funding; (2) how many new beds will be delivered at each of the hospitals who receive funding;

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(3) when will the funding be delivered; and (4) how much of the $50 million is allocated to hiring new clinicians and opening more beds.

ANSWER:

I am informed that:

The purpose and location of this funding has been publicly released and has been widely reported in the local media. The finding has been delivered to health services.

Health

10 557. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health) regarding the Government’s announcement that $500 million has been allocated to improving ambulance response times (27 November 2016) —

(1) how much of the $500 million will be allocated to the Eltham Ambulance Station; (2) what extra paramedic or vehicle resources will the Eltham ambulance station receive; and (3) when will this allocation be delivered.

ANSWER:

I am informed that:

The rebuild of the Eltham ambulance branch is not a component of the $500 million investment in ambulance services. As part of the 2015-16 State Budget the Government committed funding to rebuild the Eltham ambulance branch.

Ambulance Victoria determines resource requirements in line with demand and operational need.

Health

10 558. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to Labor’s commitment to upgrade ambulance facilities: What has been the total cost from December 2014 to today of consultation to inform the prioritisation of rebuilding, collocating or refurbishing ambulance facilities.

ANSWER:

I am informed that:

Consultations were undertaken by staff, no separate consultation costs have been recorded.

Health

10 559. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to Labor’s commitment to upgrade ambulance facilities —

(1) how much funding will be allocated to the Diamond Creek Ambulance Station; and (2) when will project works associated with the Diamond Creek Station be completed.

ANSWER:

I am informed that:

– $20 million was allocated in the 2016-17 Victorian Budget to upgrade and rebuild 9 ambulance branches across the state, including the Diamond Creek ambulance branch.

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– This budget program is due for completion by mid-2020.

Health

10 561. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to Labor’s commitment to upgrade ambulance facilities —

(1) how much funding will be allocated to the Waverley Ambulance Station; and (2) when will project works associated with the Waverley Station be completed.

ANSWER:

I am informed that:

– $20 million was allocated in the 2016-17 Victorian Budget to upgrade and rebuild 9 ambulance branches across the state, including the Waverley ambulance branch.

– This budget program is due for completion by mid-2020.

Health

10 562. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to Labor’s commitment to upgrade ambulance facilities —

(1) how much funding will be allocated to the Epping Ambulance Station; and (2) when will project works associated with the Epping Station be completed.

ANSWER:

I am informed that:

– $20 million was allocated in the 2016-17 Victorian Budget to upgrade and rebuild 9 ambulance branches across the state, including the Epping ambulance branch.

– This budget program is due for completion by mid-2020.

Health

10 563. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to Labor’s commitment to upgrade ambulance facilities —

(1) how much funding will be allocated to the Oak Park Ambulance Station; and (2) when will project works associated with the Oak Park Station be completed.

ANSWER:

I am informed that:

– $20 million was allocated in the 2016-17 Victorian Budget to upgrade and rebuild 9 ambulance branches across the state, including the Broadmeadows (Oak Park) ambulance branch.

– This budget program is due for completion by mid-2020.

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Health

10 564. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to Labor’s commitment to upgrade ambulance facilities —

(1) how much funding will be allocated to the Terang Ambulance Station; and (2) when will project works associated with the Terang Station be completed.

ANSWER:

I am informed that:

– $20 million was allocated in the 2016-17 Victorian Budget to upgrade and rebuild 9 ambulance branches across the state, including the Terang ambulance branch.

– This budget program is due for completion by mid-2020.

Health

10 565. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to Labor’s commitment to upgrade ambulance facilities —

(1) how much funding will be allocated to the Port Fairy Ambulance Station; and (2) when will project works associated with the Port Fairy Station be completed.

ANSWER:

I am informed that:

– $20 million was allocated in the 2016-17 Victorian Budget to upgrade and rebuild 9 ambulance branches across the state, including the Port Fairy ambulance branch.

– This budget program is due for completion by mid-2020.

Health

10 566. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to Labor’s commitment to upgrade ambulance facilities —

(1) how much funding will be allocated to the Ferntree Gully Ambulance Station; and (2) when will project works associated with the Ferntree Gully Station be completed.

ANSWER:

I am informed that:

This information was published in the media release titled New Ferntree Gully Ambulance Station Works Full Steam ahead on 9 September 2016 and is publicly available at: http://www.premier.vic.gov.au/new-ferntree-gully- ambulance-station-works-full-steam-ahead/

Health

10 567. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to Labor’s commitment to upgrade ambulance facilities —

(1) how much funding will be allocated to the Tatura Ambulance Station; and (2) when will project works associated with the Tatura Station be completed.

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ANSWER:

I am informed that:

(1) The commitment to build an ambulance branch in Tatura is part of the Andrew Labor Government’s $500 million investment over five years to improve ambulance response times.

(2) The Tatura Ambulance branch is targeted for completion late 2018.

Health

10 568. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to Labor’s commitment to increase ambulance services —

(1) how much funding will be allocated to deliver an ambulance service for Donald; and (2) when will a paramedic community support coordinator and vehicle be delivered for Donald.

ANSWER:

I am informed that:

The Paramedic Community Support Coordinator for Woomelang, Birchip and Donald is funded as part of the Andrews Labor Government’s $500 million investment over five years to improve ambulance response times. The service is scheduled to commence by the end of 2018.

Health

10 569. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to Labor’s commitment to increase ambulance services —

(1) how much funding will be allocated to deliver an ambulance service for Birchip; and (2) when will a paramedic community support coordinator and vehicle be delivered for Birchip.

ANSWER:

I am informed that:

The Paramedic Community Support Coordinator for Woomelang, Birchip and Donald is funded as part of the Andrews Labor Government’s $500 million investment over five years to improve ambulance response times. The service is scheduled to commence by the end of 2018.

Health

10 570. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to Labor’s commitment to increase ambulance services —

(1) how much funding will be allocated to deliver an ambulance service for Woomelang; and (2) when will a paramedic community support coordinator and vehicle be delivered for Woomelang.

ANSWER:

I am informed that:

The Paramedic Community Support Coordinator for Woomelang, Birchip and Donald is funded as part of the Andrews Labor Government’s $500 million investment over five years to improve ambulance response times. The service is scheduled to commence by the end of 2018.

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Health

10 576. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to reports that Ambulance Victoria is considering reducing the operating hours of the Rosebud and Rye ambulance services —

(1) can you guarantee that the Rosebud and Rye ambulance services will both remain operational 24 hours; (2) how many FTE staff are employed at the Rosebud and Rye ambulance services respectively; (3) have the rosters of the Rye and Rosebud ambulance services been blended; (4) can you guarantee that the rosters of the Rye and Rosebud ambulance services will not be blended; and (5) are Ambulance Victoria considering reducing the operating hours of other ambulance services in Victoria.

ANSWER:

I am informed that:

(1) Ambulance Victoria’s primary focus is always to minimise the response time to patients experiencing time-critical life threatening emergencies. From time to time, Ambulance Victoria will review service delivery to ensure that they meet the needs of emergency patients in the Victorian community. Ambulance Victoria do not currently have any plans to alter the rosters of the Rosebud and Rye teams.

(2) The FTE (position) allocation for Rosebud is 15.03 and current staffing level is 16.33. The FTE (position) allocation for Rye is 13.92 and current staffing level is 15.56.

(3) The rosters of the Rye and Rosebud ambulance services have not been blended.

(4) There are currently no plans to blend the Rye and Rosebud roster configurations.

(5) Ambulance Victoria are not currently considering reducing the operating hours of other ambulance services in Victoria.

Health

10 577. MS BATH — To ask the Minister for Families and Children (for the Minister for Health): What are the current quality management processes in place for patients acquiring audiology services.

ANSWER:

I am informed that:

Patients receiving audiology services in Victorian public hospitals can be assured that staff are required to be accredited under The Australian Commission on Safety and Quality in Healthcare (ACSQHC) National Safety and Quality Health Service (NSQHS) Standards.

Quality management processes for programs funded by the Commonwealth Government are overseen by the Office of Hearing Services. The Commonwealth’s Office of Hearing Services administers the Hearing Services Program. The Office of Hearing Services is responsible for ensuring their providers meet the Program’s requirements to safeguard client safety and provide quality outcomes for clients, as well as monitoring the efficient and effective use of government funds. The Office meets these obligations through compliance monitoring, including auditing and practitioner adherence to a compliance framework.

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Health

10 578. MS BATH — To ask the Minister for Families and Children (for the Minister for Health): What regulatory practices are in place to ensure that hearing aid recipients receive consistent and reasonable pricing structures from their chosen provider.

ANSWER:

I am informed that:

The Commonwealth Government’s Office of Hearing Services administers the Hearing Services Program which provides eligible people with access to a range of fully or partially subsidised hearing aids.

A complaints mechanism operates under the Hearing Services Administration Act 1997 for those eligible citizens who have received hearing services through Commonwealth accredited providers.

The Commonwealth Government’s Hearing Services Rules of Conduct 2012 outlines the requirements and standards that contracted service providers must adhere to when providing services to eligible voucher-holders under the voucher system of the program. They also establish the qualification requirements for hearing practitioners that contracted service providers can use to deliver clinical hearing services to eligible voucher-holders.

The pricing of devices is market driven and I note the recent issues paper by the Australian Competition and Consumer Commission around the sale of hearing aids urges the industry to reconsider some of its practices.

Health

10 579. MS BATH — To ask the Minister for Families and Children (for the Minister for Health): Has the Minister received any feedback or complaints from constituents who have been charged excessive pricing for audiology services and/or hearing devices.

ANSWER:

I am informed that:

My office has been in contact with Ms Bath’s staff to discuss any concerns regarding excessive pricing for audiology services and hearing devices. I am unaware of any correspondence regarding this specific issue.

I invite Ms Bath to write directly to me on behalf of her constituents if there are any specific concerns regarding audiology services or hearing devices. This will ensure the matter will be responded to promptly.

Correspondents may be advised to contact the Commonwealth Government’s Hearing Services Program as this program helps eligible people with the cost of hearing services, assessments and devices.

There are number of Victorian based agencies that can assist access to subsidised hearing aids, advocacy or employment advice for people with a hearing loss, such as:

– VicDeaf

– Better Hearing Australia

– Jobs Access Australia.

Energy, environment and climate change

10 583. MR BARBER — To ask the Special Minister for State (for the Minister for Energy, Environment and Climate Change): In relation to the Government’s recent decision to approve the upgrade of turbines at Loy Yang B coal power station —

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(1) why has the Government approved Loy Yang B burning an extra 400 000 tonnes of coal every year, when they claim to be in favour of fighting climate change and reducing emissions; and (2) how will the Government compensate for this extra pollution given they have committed to an Emission Reduction Target in recently proposed legislation.

ANSWER:

On 25 January 2017, the Environment Protection Authority Victoria (EPA) granted a works approval for IPM Operation & Maintenance Loy Yang Pty Ltd to upgrade Loy Yang B power station in the. Latrobe Valley. The approval will enable the company to retrofit new, higher efficiency turbine blades to each of the existing power generating units. The new turbines will improve power generation capacity by 8.6 per cent, while decreasing emissions intensity by five per cent.

Any potential carbon dioxide emissions will be more than offset by the closure of the Hazelwood power station, which currently produces around 15 million tonnes of carbon dioxide emissions annually.

The Andrews Labor Government has set greenhouse gas emissions reduction targets of 15 to 20 per cent by 2020 relative to 2005 levels, and net zero emissions by 2050. Approval of the upgrade of Loy Yang B does not diminish our commitment to meeting these targets.

Treasurer

10 584. MR BARBER — To ask the Special Minister for State (for the Treasurer): In relation to the “significant contribution” the Government has committed to over four years to sustain the Alcoa aluminium smelter in Portland —

(1) what is the exact financial commitment the Government has made; and (2) what form will the Government’s contribution take, in particular will the contribution be in the form of electricity subsidies or direct grants.

ANSWER:

The Victorian and Commonwealth Governments have entered into four year agreements with Alcoa to provide financial assistance to support the restart and continued operations of the Portland aluminium smelter.

The Victorian Government will provide a financial assistance package of around $50 million per year.

I understand that the Commonwealth has announced that it will provide a $30m direct grant.

Energy, environment and climate change

10 585. MR BARBER — To ask the Special Minister for State (for the Minister for Energy, Environment and Climate Change): In relation to the Government’s proposed licensing scheme governing racehorse training on beaches between Port Fairy and Warrnambool —

(1) what is the actual number of horses each trainer is allowed under the proposed licensing scheme; and (2) how many additional Parks Victoria staff will be hired to meet the demands of providing regulatory oversight of racehorses training on beaches.

ANSWER:

Detail on the number of horses allowed under the licencing system is available on the Department of Environment, Land, Water and Planning website: https://www2.delwp.vic.gov.au/media-centre/newsroom/belfast-coast-horse-announcement.

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No additional Parks Victoria staff are required to implement regulatory oversight of commercial horse training in the Belfast Coastal Reserve. Authorised Officers from Parks Victoria are already monitoring the Reserve on a regular basis.

Roads and road safety

10 587. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): What is the direct cost to the State Government of the decision to declare Bolton Street in Eltham an arterial road under the auspices of VicRoads and where will the funding come from.

ANSWER:

VicRoads has commenced the process to declare Bolton Street. VicRoads advises that the decision to declare Bolton Street as an arterial road will not affect the ability to deliver the outcomes of the $10.5 million upgrade. VicRoads, on behalf of the State Government, will manage Bolton Street as an arterial road at the conclusion of these upgrades within existing recurrent routine maintenance budgets.

Roads and road safety

10 588. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): Will Bolton Street in Eltham be closed to traffic at any time during the upgrade works scheduled for later this year.

ANSWER: VicRoads is working with key stakeholders to finalise detailed design for Bolton Street prior to advertising tenders in mid-2017. VicRoads will engage with traders and residents to effectively manage traffic during construction. VicRoads will endeavour to minimise the impact to the community throughout construction and has commenced engagement with Bolton Street traders to understand their operational requirements to ensure the impact along Bolton Street is minimised.

Roads and road safety

10 589. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): How long are the upgrade works for Bolton Street in Eltham expected to take to complete.

ANSWER:

VicRoads expects construction to commence later this year with completion by mid-2018.

Roads and road safety

10 590. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): How many of the more than 300 residents VicRoads consulted with over the upgrade of Bolton Street —

(1) attended the community consultations; (2) were Grands Boulevard residents; (3) were Bolton Street traders; and (4) how many appeared in more than one list.

ANSWER:

The design for Bolton Street upgrade has been developed in response to extensive community feedback and will improve safety, traffic flow and accessibility for all road users, including drivers, cyclists and pedestrians.

QUESTIONS ON NOTICE

Tuesday, 2 May 2017 COUNCIL 1871

Since 2015, VicRoads has spoken to more than 400 local residents and traders who have shared their views on how to improve safety, accessibility and traffic flow. Approximately 300 people attended information sessions held by VicRoads in November 2015 and June 2016.

In December 2016, VicRoads door knocked more than 40 properties on Grand Boulevard. In January 2017, VicRoads also door knocked approximately 50 businesses on Bolton Street and surrounding side streets.

Roads and road safety

10 591. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): When will the survey currently being undertaken into traffic congestion on Fitzsimons Lane in Eltham be completed.

ANSWER:

VicRoads expects to complete an assessment of traffic congestion and concepts to improve traffic flow and following this, anticipates that further detailed work will be required.

Roads and road safety

10 592. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): Will the Government consider the suggestion that the bus lanes on Fitzsimons Lane be converted to transit lanes to ease traffic congestion for Eltham residents.

ANSWER:

As part of VicRoads’ traffic investigations currently in progress for the Fitzsimons Lane corridor, the proposal to convert bus lanes into transit lanes is one of the options that will be considered.

VicRoads is actively working with a range of stakeholders, both in the context of this site and the recently announced North East Link Study, to determine the best solution in addressing congestion levels along this corridor.

Roads and road safety

10 593. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): What were the average daily figures of traffic volumes and total number of accidents in 2014 recorded in the following Eltham electorate streets —

(a) Main Road, Eltham; (b) Main Road, Lower Plenty; (c) Wattletree Road; (d) Bolton Street; (e) Fitzsimons Lane; (f) St Helena Road; (g) Karingal Drive; (h) Diamond Creek Road; and (i) Bridge Street.

ANSWER:

Between 2014-2016 the number of vehicles that travel on the roads mentioned have remained the same. For further details and crash date the member can visit data.vic.gov.au

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Roads and road safety

10 594. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): What were the average daily figures of traffic volumes and total number of accidents in 2015 recorded in the following Eltham electorate streets —

(a) Main Road, Eltham; (b) Main Road, Lower Plenty; (c) Wattletree Road; (d) Bolton Street; (e) Fitzsimons Lane; (f) St Helena Road; (g) Karingal Drive; (h) Diamond Creek Road; and (i) Bridge Street.

ANSWER:

Between 2014-2016 the number of vehicles that travel on the roads mentioned have remained the same. For further details and crash date the member can visit data.vic.gov.au

Roads and road safety

10 595. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): What were the average daily figures of traffic volumes and total number of accidents in 2016 recorded in the following Eltham electorate streets —

(a) Main Road, Eltham; (b) Main Road, Lower Plenty; (c) Wattletree Road; (d) Bolton Street; (e) Fitzsimons Lane; (f) St Helena Road; (g) Karingal Drive; (h) Diamond Creek Road; and (i) Bridge Street.

ANSWER: Between 2014-2016 the number of vehicles that travel on the roads mentioned have remained the same. For further details and crash date the member can visit data.vic.gov.au

Public transport

10 596. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Public Transport): When will the draft proposal for the new bus route 343 between Greensborough and Diamond Creek be finalised and when is the new service expected to begin.

ANSWER:

Presently, Public Transport Victoria are finalising the design of the new bus route 343 between Greensborough and Diamond Creek. The new route is anticipated to be introduced in 2017.

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This new route comes after years of neglect by the previous Liberal Government in funding for bus services in the area and adds to the new Plenty Valley bus network already delivered by the Andrews Labor Government.

Public transport

10 597. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Public Transport): In relation to the two proposed options for the new Greensborough to Diamond Creek bus link —

(a) how many residents were consulted; (b) which community or resident groups were consulted; (c) how many responses were received; and (d) when will the final option be decided.

ANSWER:

Consultation was undertaken from 2 November to 20 November 2016.

The consultation included face to face sessions, pop up sessions, on-line submissions and consultation with a number of community groups.

Presently, Public Transport Victoria are finalising the design of the new bus route 343 between Greensborough and Diamond Creek. The new route is anticipated to be introduced in 2017.

This new route comes after years of neglect by the previous Liberal Government in funding for bus services in the area and adds to the new Plenty Valley bus network already delivered by the Andrews Labor Government.

Public transport

10 598. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Public Transport): Could the Minister outline how the community will be consulted regarding the new bus route 343 between Greensborough and Diamond Creek and if this will only be by social media.

ANSWER:

The new bus route 343 comes after years of neglect in funding for bus services in the Greensborough and Diamond Creek area from the previous Liberal Government and delivers a badly needed upgrade to bus services in the area.

Route 343 compliments the recent investment in improved bus services to the area as part of the new Plenty Valley bus network delivered in 2018 and funded by the Andrews Labor Government’s $100 million commitment to build a Better Bus Network for Victoria.

Extensive consultation was undertaken in November 2016. Consultation was conducted online and through face to face drop in sessions.

Roads and road safety

10 601. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): In relation to the announcement of both Federal and State funding for the planning of the North East link —

(1) what role will the Federal Government play in the State Government’s planning for the North East Link; and (2) does the $35 million for business case development, community consultation and route selection include Federal funding, and if so, how much.

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ANSWER:

I can advise that the Victorian Government will be undertaking the necessary planning work on the North East Link.

The $35 million for business case development is provided by the Andrews Labor Government through the State Budget. There is no Federal funding for this work.

Health

10 602. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to Department of Health and Human Services (DHHS) Full-time Equivalent (FTE) staff numbers, between 2014-15 and 2015-16 there was an $8 million increase in fixed term gross salary which is described in the DHHS 2015-16 Financial and Performance Outcomes General Questionnaire as reflecting “increases in time limited fixed time positions…to support reform initiatives and Ministerial commitments or announcements.” —

(1) how much of the $8 million was spent on extra Ministerial commitments and announcements; (2) how many staff does that equate to; (3) did DHHS Ministers receive extra staff or were these extra staff in the department; and (4) why did Ministers require these extra staff in the ministerial office or department.

ANSWER:

I am informed that:

(1) Given the nature of fixed term employment and the scale of the DHHS workforce, it is not possible to link these positions to extra Ministerial commitments and announcements.

(2) This isn’t quantifiable due to the variables associated with fixed term employment arrangements such as, the classification of the employee, length of engagement and the number of new fixed term employees entering or exiting the department.

(3) All staff employed in Ministers offices as the Departmental Liaison Offices in 2015-16 were ongoing employees and as such is unrelated to salaries for fixed term employees.

(4) Refer to question 3.

Health

10 603. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Department of Health and Human Services (DHHS) executive officers, the 2015-16 DHHS annual report shows that seven DHHS executive officers who were remunerated during the financial year were recorded as inactive —

(1) how many of the inactive executives were on long term leave; (2) what was the reason for the leave; and (3) what is the cost for their leave.

ANSWER:

I am informed that:

(1) Of the seven executives recorded as inactive in the 2015–16 Annual Report, four were on long term leave.

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(2) The four executives on long term leave were on various types of extended leave, which included annual, sick, long service, and maternity, including periods of maternity leave without pay. The remaining three executives were on secondment to another Victorian government department.

(3) For those executives on extended leave, the total cost of their leave was $268 173.

Health

10 604. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): The 2015-16 Department of Health and Human Services annual report shows that a contractor was acting in a managerial role, earning $520 000 - $529 999 —

(1) what role was being filled by a contractor; and (2) why was this role being filled by a contractor.

ANSWER:

I am informed that:

(1) The contractor was engaged in 2012 as the Project Director on a major health capital project. In that role, he managed the project team involved in the delivery of the project.

(2) The contractor provided highly specialised commercial advice in relation to the project, that does not exist elsewhere in the department.

Health

10 606. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to executive salary increases in 2015-16, question 27 of the Department of Health and Human Services 2015-16 Financial and Performance Outcomes General Questionnaire attributes some of the executive salary increases to a work value increase —

(1) what was the executive work value increase; and (2) how was the executive work value increase determined.

ANSWER:

I am informed that:

(1) The work value increases were due to a significant increase in scope, breadth of role, size dimension, responsibilities and relative complexity in a number of positions.

(2) Executive work value is determined by:

– Assessment of a position’s scope, breadth of role, size, dimension, responsibilities and relative complexity against the executive category and classification descriptors given in the Victorian Public Service Executive Handbook issued by the Victorian Public Sector Commission, and

– Comparisons on a whole of job basis with other established representative executive roles.

Health

10 607. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Department of Health and Human Services (DHHS) employee expenses, question 18 of the DHHS 2015-16 Financial and Performance Outcomes General Questionnaire shows that between 2014-15 and 2015-16 there was a $1.02 billion increase in DHHS employee expenses —

(1) how much of the $1.02 billion increase was due to extra staff; and

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(2) how much of the $1.02 billion increase was due to Enterprise Bargaining Increases.

ANSWER:

I am informed that the increase outlined in response to question 18 of the DHHS 2015-16 Financial and Performance Outcomes Questionnaire was due to a combination of factors, including:

– extra staff across the portfolio, employed to deliver increased activity.

– wage increases arising from health and human services industrial instruments; and

– a movement in staff expenses between 2014-15 and 2015-16, relating to machinery of government changes.

Public transport

10 609. MR BARBER — To ask the Minister for Agriculture (for the Minister for Public Transport): In relation to seating for passengers at Melbourne train stations, could you please advise —

(1) how does Metro Trains assess how much seating will be provided at key stations; and (2) are there any plans to increase the capacity of seats at stations in the City Loop and at Southern Cross and Footscray stations.

ANSWER:

When developing new metropolitan railway stations, the Metro engineering standard for Metropolitan Railway Stations specifies that a minimum of 20 seats per platform is required.

When assessing patronage levels and service frequency for the new station, should it be deemed that additional platform seating is required, a recommendation will be made and included in the Final Operational Requirements.

Presently, there are no station upgrades in place to increase the capacity of seating numbers in the City Loop, Southern Cross or Footscray Stations.

Public transport

10 610. MR BARBER — To ask the Minister for Agriculture (for the Minister for Public Transport): In relation to bus shelters on Rathdowne Street, Carlton, could you please advise —

(1) was there previously a bus stop closer to Carlton Gardens Primary School that has since been replaced and moved further away from the school, if so, why was this bus stop moved; and (2) are there any plans to erect a bus stop closer to the school to serve the school community.

ANSWER: Last year, at the request of Carlton Gardens Primary School, Public Transport Victoria relocated a bus stop on Rathdowne Street, Carlton from the south to north side of Pelham Street to allow students to walk between the bus stop and the school without having to cross Pelham Street.

Pending council approval of the required permit, an advertisement-free bus shelter is expected to be installed at the new stop north of Pelham Street in early April 2017.

The Andrews Labor Government has committed $100 million to build a better bus network across Victoria to deliver more frequent services and new routes that take people where they want to go.

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Public transport

10 611. MR BARBER — To ask the Minister for Agriculture (for the Minister for Public Transport): In relation to tram passenger safety, could you please advise —

(1) what processes are in place between the different agencies responsible for road safety to prevent incidents between passengers of trams and other road users as tram users board or disembark from a tram onto the road, particularly in relation to passing vehicles that do not stop; and (2) what systems are in place to track incidents, including near-misses, between tram passengers and other road users such as cars, bicycles and/or pedestrians.

ANSWER:

Yarra Trams works closely with PTV, Victoria Police, VicRoads and local councils to improve the safety of passengers on the network. This includes:

(a) upgrading of tram stops and infrastructure across the network to better separate cars and passengers (b) joint safety awareness campaigns reminding drivers that vehicles illegally passing stationary trams could cause serious injury (c) sharing information with Victoria Police, particularly when specific details of passing vehicles have been obtained by tram drivers

There are specific road rules in place (rules 162-164 of the Road Safety Road Rules 2009 (Vic)) which impose a duty on road users to avoid endangering passengers who may be getting on or off a tram. These rules are communicated by VicRoads through education and enforced by Victoria Police.

Tram drivers also utilise the tram gong to warn both passengers and vehicles of potential dangers.

Yarra Trams have processes in place to record and track incidents, including near-misses. Using incident data, Yarra Trams has developed a tool which maps hot spot locations of serious incidents on the network.

Incidents can be reported by tram drivers, other employees of Yarra Trams, or via the customer feedback services. Where possible, tram drivers obtain the necessary details of passing vehicles (make, mode, rego) which is passed on to Victoria Police for further investigation.

Some of the newer fleet of trams have CCTV and footage from this is passed on to Victoria Police to assist them when near miss / incidents occur.

Public transport

10 612. MR BARBER — To ask the Minister for Agriculture (for the Minister for Public Transport): In relation to advertising screens in the City Loop, could you please advise —

(1) are the video advertising screens in the City Loop a permanent fixture of these stations; and (2) are there feedback mechanisms in place for passengers to report excessive volume from advertisements at train stations.

ANSWER:

From October 2014, 32 LED screens were switched on and content displayed across all platforms of the City Loop Stations (Parliament, Melbourne Central and Flagstaff). Public Transport Victoria (PTV) provided approval to Metro Train Melbourne (MTM) for a 7 year contract.

The Franchise Agreement between MTM and the State permits advertising at station precincts and on assets. PTV has worked closely with MTM to ensure the screens comply with all relevant laws in accordance with accepted industry standards.

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Passengers can submit their feedback to PTV by mail, telephone, email, website feedback form, TTY, in person at PTV Hub and or via the Public Transport Ombudsman.

Water

10 613. MR BARBER — To ask the Special Minister of State (for the Minister for Water): In relation to water leaks on Hawke Street, West Melbourne could you please advise —

(1) is the Minister aware of the report of a water leak to City West Water with reference 79004, which is apparently in three places between 41-43 Hawke Street, 33-35 Hawke Street and, 29-31 Hawke Street in West Melbourne; and (2) what action can be taken to remedy this problem on Hawke Street.

ANSWER:

On 28 August 2016, City West Water (CWW) was alerted to a water leak on the corner of King and Hawke Streets, West Melbourne (CWW Report: 790054). The leak was found to be on a fire service on the customer side of the valve.

Water from the leak was seeping into the ground, entering an underground utility conduit. The water was subsequently exiting at several locations which gave the appearance of multiple leaks.

CWW made contact with the customer to advise that it was the customer’s responsibility to repair the leak. As the customer did not take any action to repair the leak, CWW issued a “Notice to Repair” in line with standard practice.

Although CWW followed up on a number of occasions, the customer still did not take any action. On 10 January 2017 CWW repaired the leak on behalf of the customer, with all costs incurred during the repairs to be recovered from the customer.

CWW takes water wastage and leaks seriously. In circumstances where action is not initially taken to repair a leak, the owner is given every opportunity remedy the situation before CWW intervenes on their property.

Public transport

10 614. MR BARBER — To ask the Minister for Agriculture (for the Minister for Public Transport): In relation to tram passenger safety at Stop 13-Federation Square/Swanston St (Melbourne City), could you please advise —

(1) what crowd control measures exist for this tram stop during peak hour; (2) are there any intentions of deploying more staff to this stop to facilitate passenger movement; and (3) what other processes are in place to ease passenger flow at this and other busy tram stops.

ANSWER:

Federation Square tram stop is staffed by the Customer Service Employees (CSE) of Yarra Trams during busy periods to facilitate safe and efficient passenger/tram movement.

The Swanston Street corridor is the busiest tram corridor in the world, carrying multiple trams each minute in the peak.

The stop is staffed at the following times:

(a) Sunday - 9:45am to 8:45pm (b) Monday to Wednesday - 7:00am to 8:45pm (c) Thursday to Saturday - 7:00am to 11:15pm (d) Additionally on Friday and Saturday - The Night Network CSEs are also at this stop until 2:00am.

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The minimum number of staff during morning and afternoon peak periods is 3; CSE supervisors are also located at this tram stop during peak periods.

Yarra Trams has crowd management plans for major stops with identified overcrowding issues. There are separate plans for special events and occupations. Delivery of new trams is also allowing the cascading of the larger trams onto busier routes across the network, thus helping ease crowding at tram stops.

The Andrews Labor Government is working hard to deliver more tram services and increased capacity for passengers across the network, including the delivery of 70 super-length low floor E-class trams.

Public transport

10 615. MR BARBER — To ask the Minister for Agriculture (for the Minister for Public Transport): In relation to the lift upgrade at Flagstaff and Parliament stations, could you please advise —

(1) what alternative proposals were considered in this upgrade that would not have involved shutting off lift access for months; and (2) what provisions are in place for emergency services to remove people who are sick, injured, incapacitated, or disabled from train platforms during these upgrades.

ANSWER:

The lift works were completed on 12 March 2017 and the lifts were back in operation on 13 March 2017.

Prior to the lift works being completed, engineers determined that by replacing selective lift parts, the time needed to complete the works would significantly be reduced as opposed to replacing the lifts in full.

Unfortunately, certain parts needed to be sourced from overseas which resulted in unexpected and extended delays to the lifts being restored.

Detailed emergency services procedures to apply during the lift closure at Flagstaff and Parliament were developed by Metro Trains Melbourne, Melbourne Fire Brigade and Ambulance Victoria to ensure the safety of all passengers.

Roads and road safety

10 616. MS HARTLAND — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): In relation to the Western Distributor Authority —

(1) how many people work for the Western Distributor Authority and what are their roles; and (2) how are employee numbers expected to change in the coming year and why.

ANSWER:

The Western Distributor Authority is an Administrative Office established in June 2016 under the Public Administration Act 2004 and is responsible for managing the delivery of the Western Distributor Project on behalf of the Victorian Government. It is staffed by skilled professionals drawn from the public and private sectors, with roles across engineering and design, land use planning and environment, communications and community engagement, and business services.

The agency is currently made up of 18 VPS staff. Additional staff will be recruited when and if needed.

Regional development

10 617. MS BATH — To ask the Minister for Regional Development: Could the Minister please confirm that the Government will not use funding from the Regional Jobs and Infrastructure Fund to assist the Alcoa Portland Plant.

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ANSWER:

No, I will not rule out using the Regional Jobs and Infrastructure Fund to assist the Alcoa Portland Plant in the future.

Public transport

10 618. MS BATH — To ask the Minister for Agriculture (for the Minister for Public Transport): Could the Minister please confirm that the Government will not use funding from the Victorian Transport Fund to assist the Alcoa Portland Plant.

ANSWER:

This question should be directed to the Treasurer.

Energy, environment and climate change

10 909. MR MORRIS — To ask the Special Minister of State (for the Minister for Energy, Environment and Climate Change): What was the total cost incurred by Parks Victoria in the Financial Year 2014-15 with regards to the operation of the Canadian Regional Park.

ANSWER:

Parks Victoria did not incur any operational costs for Canadian Regional Park during the 2014-15 financial year.

Energy, environment and climate change

10 911. MR MORRIS — To ask the Special Minister of State (for the Minister for Energy, Environment and Climate Change): What was the total cost incurred to date by Parks Victoria in the Financial Year 2016-17 with regards to the operation of the Canadian Regional Park.

ANSWER:

Total costs incurred by Parks Victoria in the 2016-17 year will be available after 30 June 2017.

Energy, environment and climate change

10 912. MR MORRIS — To ask the Special Minister of State (for the Minister for Energy, Environment and Climate Change): What was the total cost incurred by Parks Victoria in the Financial Year 2014-15 with regards to consultancies in relation to the operation of the Canadian Regional Park.

ANSWER: Parks Victoria did not incur any consultancy costs for the operation of Canadian Regional Park during the 2014-15 financial year.

Energy, environment and climate change

10 913. MR MORRIS — To ask the Special Minister of State (for the Minister for Energy, Environment and Climate Change): What was the total cost incurred by Parks Victoria in the Financial Year 2015-16 with regards to consultancies in relation to the operation of the Canadian Regional Park.

ANSWER:

Parks Victoria did not incur any consultancy costs for the operation of Canadian Regional Park during the 2015-16 financial year.

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Energy, environment and climate change

10 914. MR MORRIS — To ask the Special Minister of State (for the Minister for Energy, Environment and Climate Change): What was the total cost incurred to date by Parks Victoria in the Financial Year 2016-17 with regards to consultancies in relation to the operation of the Canadian Regional Park.

ANSWER:

Total costs incurred by Parks Victoria in the 2016-17 year will be available after 30 June 2017.

Energy, environment and climate change

10 915. MR MORRIS — To ask the Special Minister of State (for the Minister for Energy, Environment and Climate Change): What was the total number of staff by classification and location employed by Parks Victoria in the Financial Year 2014-15 with relation to the operation of the Canadian Regional Park.

ANSWER:

Parks Victoria did not incur any consultancy costs for the operation of Canadian Regional Park during the 2014-15 financial year.

Energy, environment and climate change

10 916. MR MORRIS — To ask the Special Minister of State (for the Minister for Energy, Environment and Climate Change): What was the total number of staff by classification and location employed by Parks Victoria in the Financial Year 2015-16 with relation to the operation of the Canadian Regional Park.

ANSWER: A staff member was funded by the establishment project for Canadian Regional Park during the 2015-16 financial year in Ballarat.

Staff from Daylesford, Creswick and Ballarat also contributed towards the operation of Canadian Regional Park during the 2015-16 financial year.

Energy, environment and climate change

10 917. MR MORRIS — To ask the Special Minister of State (for the Minister for Energy, Environment and Climate Change): What is the current total number of staff by classification and location employed by Parks Victoria with relation to the operation of the Canadian Regional Park.

ANSWER:

Four staff, some part time, are funded by the establishment project for Canadian Regional Park in Ballarat and Creswick.

Staff from Daylesford, Creswick and Melbourne also contribute towards the operation of Canadian Regional Park.

Health

10 918. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Victorian Supercare Pharmacy scheme —

(1) what performance measures are reported on by each supercare pharmacy and at what interval; and (2) will data collected for supercare pharmacy performance measures be made public and if so, when.

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ANSWER:

Activity and performance data is collected and reported to the department on a regular basis.

Data has been regularly made public, for example, via The Premier of Victoria’s website (8/2/17), The Bendigo Advertiser (12/1/17), Australian Journal of Pharmacy (9/2/17), and during the Department of Health and Human Services’ industry briefing as part of Stage 2 and 3 tender activities (14/2/17).

Health

10 919. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Victorian Supercare Pharmacy scheme, how will the supercare pharmacy initiative be evaluated and by whom.

ANSWER:

Evaluation of all 20 Supercare Pharmacies will be independently conducted in 2019-20.

Health

10 925. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria (BCV) Innovation Project: Of the $10 million allocated in the 16/17 budget for BCV —

(1) how much is available for project funding; and (2) what other expense will be funded from the $10 million and how much funding will be provided for each of these expenses.

ANSWER:

$10 million. was allocated in the 2016–17 Budget to the Better Care Victoria Innovation Fund. The fund is being fully expended on projects and activities designed to enhance access to hospitals, an–improve quality of care and hospital performance.

Health

10 926. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Responsive acute palliative intervention and decision assistance (RAPID ASSIST Project) —

(1) how much funding has been allocated for this project; (2) how long has this project been funded to last; (3) when is the final project report due; and (4) by what measure will the government judge this project to have been successful.

ANSWER:

I am informed that:

The responsive acute palliative intervention and decision assistance project (RAPID ASSIST Project) has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

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Health

10 927. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Integrated gateway between primary care and acute hospital services —

(1) how much funding has been allocated for this project; (2) how long has this project been funded to last; (3) when is the final project report due; and (4) by what measure will the government judge this project to have been successful.

ANSWER:

I am informed that:

The integrated gateway between primary care and acute hospital services project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 928. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Rapid rule out process for Acute Coronary Syndrome in emergency departments —

(1) how much funding has been allocated for this project; (2) how long has this project been funded to last; (3) when is the final project report due; and (4) by what measure will the government judge this project to have been successful.

ANSWER:

I am informed that:

The rapid rule out process for Acute Coronary Syndrome in emergency departments project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 929. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - No place like home: outpatient pathway for managing low risk neutropenic fever in patients with cancer —

(1) how much funding has been allocated for this project; (2) how long has this project been funded to last; (3) when is the final project report due; and (4) by what measure will the government judge this project to have been successful.

ANSWER:

I am informed that:

The no place like home: outpatient pathway for managing low risk neutropenic fever in patients with cancer project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian

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Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 930. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Implementing telehealth for urgent care medical consultations —

(1) how much funding has been allocated for this project; (2) how long has this project been funded to last; (3) when is the final project report due; and (4) by what measure will the government judge this project to have been successful.

ANSWER:

I am informed that:

The implementing telehealth for urgent care medical consultations project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 931. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Implementation of virtual fracture clinics —

(1) how much funding has been allocated for this project; (2) how long has this project been funded to last; (3) when is the final project report due; and (4) by what measure will the government judge this project to have been successful.

ANSWER:

I am informed that:

The implementation of virtual fracture clinics project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 932. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Geri-Connect —

(1) how much funding has been allocated for this project; (2) how long has this project been funded to last; (3) when is the final project report due; and (4) by what measure will the government judge this project to have been successful.

ANSWER:

I am informed that:

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The Geri-Connect project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 933. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Collaborative model for a falls response service —

(1) how much funding has been allocated for this project; (2) how long has this project been funded to last; (3) when is the final project report due; and (4) by what measure will the government judge this project to have been successful.

ANSWER:

I am informed that:

The collaborative model for a falls response service project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 934. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Outpatients demand management —

(1) how much funding has been allocated for this project; (2) how long has this project been funded to last; (3) when is the final project report due; and (4) by what measure will the government judge this project to have been successful.

ANSWER:

I am informed that:

The outpatients demand management project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 935. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Improving After Hours Care at Monash —

(1) how much funding has been allocated for this project; (2) how long has this project been funded to last; (3) when is the final project report due; and (4) by what measure will the government judge this project to have been successful.

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ANSWER:

I am informed that:

The Improving After Hours Care at Monash project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 936. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Using big data modelling and forecasting to improve access to outpatient clinics —

(1) how much funding has been allocated for this project; (2) how long has this project been funded to last; (3) when is the final project report due; and (4) by what measure will the government judge this project to have been successful.

ANSWER:

I am informed that:

The using big data modelling and forecasting to improve access to outpatient clinics project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2916–17 Victorian Budget. Commencement, completion and evaluation of the project will be accordance with the project plan and design.

Health

10 937. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Choosing Wisely Champion Hospital —

(1) how much funding has been allocated for this project; (2) how long has this project been funded to last; (3) when is the final project report due; and (4) by what measure will the government judge this project to have been successful.

ANSWER:

I am informed that:

The Choosing Wisely Champion Hospital project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 938. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Rapid Access Musculoskeletal Care —

(1) how much funding has been allocated for this project; (2) how long has this project been funded to last; (3) when is the final project report due; and (4) by what measure will the government judge this project to have been successful.

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ANSWER:

I am informed that:

The Rapid Access Musculoskeletal Care project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 939. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - No Unnecessary Tests —

(1) how much funding has been allocated for this project; (2) how long has this project been funded to last; (3) when is the final project report due; and (4) by what measure will the government judge this project to have been successful.

ANSWER:

I am informed that:

The No Unnecessary Tests project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 940. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Remote Drug and Alcohol Recovery for the Southern Otways Region —

(1) how much funding has been allocated for this project; (2) how long has this project been funded to last; (3) when is the final project report due; and (4) by what measure will the government judge this project to have been successful.

ANSWER:

I am informed that:

The Remote Drug and Alcohol Recovery for the Southern Otways Region project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 941. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Bendigo survivorship service —

(1) how much funding has been allocated for this project; (2) how long has this project been funded to last; (3) when is the final project report due; and (4) by what measure will the government judge this project to have been successful.

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ANSWER:

I am informed that:

The Bendigo survivorship service project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design

Health

10 942. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - CALD Assist: Designing technology to support timely nursing assessment of CALD patients —

(1) how much funding has been allocated for this project; (2) how long has this project been funded to last; (3) when is the final project report due; and (4) by what measure will the government judge this project to have been successful.

ANSWER:

I am informed that:

The CALD Assist: Designing technology to support timely nursing assessment of CALD patients project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project/04 be in accordance with the project plan and design.

Health

10 943. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Sepsis Improvement Project —

(1) how much funding has been allocated for this project; (2) how long has this project been funded to last; (3) when is the final project report due; and (4) by what measure will the government judge this project to have been successful.

ANSWER:

I am informed that:

The Sepsis Improvement Project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 944. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Obstetric Triage Decision Aid —

(1) how much funding has been allocated for this project; (2) how long has this project been funded to last; (3) when is the final project report due; and (4) by what measure will the government judge this project to have been successful.

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ANSWER:

I am informed that:

The Obstetric Triage Decision Aid project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 945. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Medical Management of Miscarriage at Home —

(1) how much funding has been allocated for this project; (2) how long has this project been funded to last; (3) when is the final project report due; and (4) by what measure will the government judge this project to have been successful.

ANSWER:

I am informed that:

The Medical Management of Miscarriage at Home project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 946. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Better care for rural patients in Intensive Care Units with chronic complex care needs through telemedicine —

(1) how much funding has been allocated for this project; (2) how long has this project been funded to last; (3) when is the final project report due; and (4) by what measure will the government judge this project to have been successful.

ANSWER:

I am informed that:

The better care for rural patients in Intensive Care Units with chronic complex care needs through telemedicine project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion an valuation of the project will be in accordance with the project plan and design.

Health

10 947. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s Better Care Victoria Innovation Project - Expansion of a telemedicine model to the patient’s home —

(1) how much funding has been allocated for this project; (2) how long has this project been funded to last; (3) when is the final project report due; and

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(4) by what measure will the government judge this project to have been successful.

ANSWER:

I am informed that:

The expansion of a telemedicine model to the patient’s home project has been funded from within the $10m Better Care Victoria Innovation Fund contained in the 2016–17 Victorian Budget. Commencement, completion and evaluation of the project will be in accordance with the project plan and design.

Health

10 950. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Health Service Violence Prevention Fund funded in the 2016-17 Budget —

(1) as at 1 March 2017 how much of the $60 million fund has been allocated to specific initiatives; (2) what initiatives have received funding from the Response Time Rescue Fund; (3) when did or will each initiative commence and be complete; (4) how much funding has each initiative been allocated from the Response Time Rescue Fun; and (5) have these initiatives been solely funded by the Response Time Rescue Fund.

ANSWER:

I am informed that:

(1) The Health Service Violence Prevention Fund is a $20 million fund, rolled out over four years.

(2) The Health Services Violence Prevention Fund does not fund initiatives in relation to the Response Time Rescue Fund. They are distinct funds.

(3) As above.

(4) As above.

(5) As above.

Roads and road safety

10 951. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): What consultations were undertaken with trucking representatives before the decision to ban trucks on Bolton Street in Eltham.

ANSWER:

The Andrews Labor Government has committed to improve safety and congestion on Bolton Street in Eltham.

Community consultation sessions were held in November 2015 and June 2016 to understand concerns on Bolton Street and to hear from the community regarding project options. On 4 March 2017, VicRoads held a further two community information sessions to present the design and provide an update on progress of the project. These sessions were advertised via a range of techniques, including a social media campaign, which received approximately 38 000 views.

We will continue to keep the community updated on the progress of the project. VicRoads will continue to liaise with the truck industry.

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Roads and road safety

10 952. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): How many people attended the community consultation session organised by VicRoads on Saturday, March 4 2017 at the Bolton Street Deli at 120 Bolton Street, Eltham to discuss the upgrade of Bolton Street.

ANSWER: Approximately 70 people attended the Bolton Street information session held on 4 March 2017 at the Bolton Street Deli.

Roads and road safety

10 953. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): How many people attended the community consultation session organised by VicRoads on Saturday, March 4 2017 at Colin’s Place Café at 266 Bolton Street, Eltham to discuss the upgrade of Bolton Street.

ANSWER:

Approximately 70 people attended the Bolton Street information session held on 4 March 2017 at Colin’s Place Cafe.

Roads and road safety

10 954. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): When will the Government announce a decision on the future of the North-East truck curfew.

ANSWER:

VicRoads has undertaken an extensive consultation process with stakeholders in the community including residents and industry. I am pleased to advise that the North East Truck Curfew trial has now concluded with a decision announced in March 2017 for the curfew to remain in place with a modified weight limit of 16.5 tonnes.

This change achieves a better balance between the needs of industry, the local community and impacts on neighbouring areas where curfews are not in place.

Roads and road safety

10 955. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): With the Nillumbik Shire Council confirming it has held discussions with VicRoads regarding the traffic congestion from Fitzsimons Lane to Main Road Eltham, when will an announcement be made on measures to improve the traffic flow along that stretch of road.

ANSWER:

VicRoads has completed initial traffic modelling for the section of Fitzsimons Lane/Williamsons Road between Main Road in Eltham and Foote Street in Templestowe. VicRoads has planned further investigations to occur in 2017 to develop a number of possible options to reduce congestion.

Roads and road safety

10 956. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): Does the Government plan to make any improvements to the Greensborough Bypass bridge over Plenty Gorge safer and if so —

(a) what improvements;

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(b) how much will it cost; and (c) when will the work be carried out.

ANSWER:

VicRoads has held initial discussions with a number of stakeholders including Victoria Police, Nillumbik Shire and the City of Banyule to investigate potential safety improvements at this location.

These options will be considered for suitability and the relevant stakeholders will be kept updated on the progress of these assessments.

Emergency services

10 957. MS WOOLDRIDGE — To ask the Minister for Small Business, Innovation and Trade (for the Minister for Emergency Services): Can the Minister please detail what will be included in the $25 000 of renovations to the Nillumbik Unit which has been funded under the Emergency Services Volunteer Sustainability Grants program.

ANSWER:

The Victorian Government is committed to supporting the significant contribution of its emergency services volunteers, through much needed investment in equipment, training and development, community engagement and education, and facility improvements.

The $15 million Emergency Services Volunteer Sustainability Grants Program works to ensure emergency services volunteers can continue to deliver their crucial work to keep Victorians safe. This valuable funding will assist eligible emergency services organisations to enhance their operational capability, encourage retention and growth of volunteers, and provide further benefit to the community to prepare for, respond to, and recover from emergencies.

I am pleased to inform the House that the Nillumbik Victoria State Emergency Service Unit is one of the beneficiaries of the scheme and will receive $25 000 to replace its balcony and emergency exit. This will cover the removal and replacement of the old decking, joists, hand rails and worn out stair treads, the installation of support under the landing and the costs of building permits and engineer’s drawings.

Thank you for raising this matter with me.

Roads and road safety

10 958. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): In relation to Crown-owned land in the electorate of Eltham relating to the Minister’s portfolio —

(a) what is the description of and, where available, the address of all such land; and (b) does the Government intend to sell any of this land or acquire any new land in the electorate.

ANSWER:

The registry for crown-owned land is held by the Department of Environment, Land, Water and Planning. Therefore, this matter falls within the portfolio responsibilities of the Minister for Energy, Environment and Climate Change.

Any crown-owned land managed by VicRoads forms part of the declared road network.

VicRoads advises me that it does not plan to sell such land in the Eltham electorate.

QUESTIONS ON NOTICE

Tuesday, 2 May 2017 COUNCIL 1893

Roads and road safety

10 959. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): What are the latest average daily figures of traffic volumes and total number of accidents in 2015 and 2016 recorded along Main Road, Eltham from Fitzsimons Lane roundabout to Bridge Street, Eltham.

ANSWER: Between 2014-2016 the number of vehicles that travel on the roads mentioned have remained the same. For further details and crash date the member can visit data.vic.gov.au

Roads and road safety

10 960. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): What are the latest average daily figures of traffic volumes and total number of accidents in 2015 and 2016 recorded along Main Road, Eltham from Bridge Street to Luck Street.

ANSWER:

Between 2014-2016 the number of vehicles that travel on the roads mentioned have remained the same. For further details and crash date the member can visit data.vic.gov.au

Roads and road safety

10 961. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): What are the latest average daily figures of traffic volumes and total number of accidents in 2015 and 2016 recorded along Main Road, Eltham from Luck Street to Wattletree Road.

ANSWER:

Between 2014-2016 the number of vehicles that travel on the roads mentioned have remained the same. For further details and crash date the member can visit data.vic.gov.au

Roads and road safety

10 962. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): What are the latest average daily figures of traffic volumes and total number of accidents in 2015 and 2016 recorded along Main Road, Eltham from Wattletree Road to Research Warrandyte Road.

ANSWER:

Between 2014-2016 the number of vehicles that travel on the roads mentioned have remained the same. For further details and crash date the member can visit data.vic.gov.au

Public transport

10 964. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Public Transport): How many of the bus contracts that cover routes 513, 517, 518, 578, 579, 580 and 582 will be among those that the Government will seek to renegotiate and what community consultation will be conducted in Eltham to ensure local residents have a say in the future of their bus services.

ANSWER:

All Metropolitan route bus services are under contract until 2018. The Government has offered all operators the opportunity to negotiate new exclusive contracts.

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There are no plans at this stage to alter existing services.

Public transport

10 965. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Public Transport): What are the patronage figures of the Night Network trains on the Hurstbridge line to December 2016.

ANSWER:

Patronage for Night Network services is currently more than 30 000 each weekend.

Housing, disability and ageing

10 966. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Housing): Will any of the 142 social housing properties in Nillumbik be transferred to the community housing sector and if so, when.

ANSWER:

Management transfers are the transfer of tenancy and property management of public housing properties to registered community housing agencies. This is a process well established with management rights for Office of Housing properties sitting at over 8000 units currently, including those included under the government you were a Minister in.

Tenants’ costs and rights to their current homes will be unchanged as a result of the transfer. The Director of Housing and the Department of Health and Human Services are consulting with a wide range of stakeholders representing tenants, employees and service providers as finer details of this initiative are confirmed.

Housing, disability and ageing

10 967. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Housing): As of December 2016 how many people living in the Nillumbik area were classed as a “priority” applicant for housing and what is the average waiting time for such families to find a home.

ANSWER:

I am informed that:

The Victorian Housing Register priority list does not align with local government areas.

Housing, disability and ageing

10 968. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Housing): As of December 2014 how many people living in the Nillumbik area were classed as a “priority” applicant for housing and what is the average waiting time for such families to find a home.

ANSWER:

The Department of Health and Human Services priority list does not directly align with local government areas.

Housing, disability and ageing

10 969. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Housing): In relation to Crown-owned land in the electorate of Eltham, relating to the Minister’s portfolio —

(1) what is the description of and, where available, the address of all such land; and (2) does the Government intend to sell any of this land or acquire and new land in the electorate.

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ANSWER:

I am informed that:

The Director of Housing does not administer any Crown-owned land in the electorate of Eltham. I note the Liberal Party’s obsession with flogging off state assets now extends to State Governments selling assets they do not yet own.

Energy, environment and climate change

10 970. MS WOOLDRIDGE — To ask the Special Minister of State (for the Minister for Energy, Environment and Climate Change): In relation to Crown-owned land in the electorate of Eltham, relating to the Minister’s portfolio —

(1) what is the description of and, where available, the address of all such land; and (2) does the Government intend to sell any of this land or acquire and new land in the electorate.

ANSWER:

Crown land in the electorate of Eltham is managed by various authorities including: Parks Victoria, Nillumbik and Banyule Shires, other government agencies, and locally appointed committees of management.

The use and status of this Crown land includes land reserved for conservation, public recreation, leisure and tourism purposes.

The Victorian Government Land Transactions Policy and Guidelines 2016 provides a framework to achieve integrity, impartiality, accountability and transparency in land transactions. It also ensures land transactions are conducted in accordance with the highest standards of probity, relevant legislation and Victorian Government policy.

Roads and road safety

10 973. MS HARTLAND — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): In Victoria, payment of toll road fines is enforced through the criminal justice system, rather than through a civil debt recovery system —

(1) how much revenue is generated by the payment of toll infringements; (2) how much does the state spend on penalising non-payment of tolls through the issuing of infringements and their enforcement; (3) what percentage of Sheriffs Officers’ time is spent dealing with people who have toll infringements; (4) what percentage of the Magistrates’ Court time is spent hearing toll offences; (5) what percentage of government-funded legal assistance services’ time is spent providing casework and representation to clients with toll fines; (6) what percentage of the Infringements Court’s time is spent administering and determining toll infringements; (7) what percentage of Victoria Police’s time is spent issuing, reviewing and prosecuting toll offences; and (8) will the Government calculate the cost of enforcing road tolls through the criminal justice system before agreeing to extend the collection of CityLink tolls.

ANSWER: As these matters fall within the portfolio responsibilities of the Attorney-General and the Minster for Police, any questions relating to this matter should be directed to them.

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Training and skills

10 974. MS WOOLDRIDGE — To ask the Minister for Training and Skills: What was the budget for the community open day held at Melbourne Polytechnic’s Greensborough campus on Sunday, March 19 2017.

ANSWER:

Melbourne Polytechnic were solely responsible for the organisation of the Community Open Day at Greensborough.

I was an invited guest along with several other members of Parliament, from both the Liberal and Labor parties. Neither myself nor the Department was asked to contribute directly to the budget for the day.

Roads and road safety

10 979. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): Following the north east truck curfew trial, will the Government be undertaking any safety works on —

(a) Aqueduct Road; (b) Bolton St, Eltham; (c) Diamond Creek Road; (d) Fitzsimons Lane; (e) Karingal Drive; (f) Main Road, west of Bolton Street; (g) Main Road north of Bridge Street; (h) Para Road; and (i) Wattletree Road.

ANSWER: VicRoads is upgrading Bolton Street between Main Road and Bridge Street in Eltham with a $10.5 million project to improve traffic flow, safety and accessibility. I understand that construction is scheduled to commence in late 2017 and completed by mid-2018.

VicRoads will continue to assess potential road safety projects across the network. The remainder of roads listed above will be considered in this context.

Roads and road safety

10 980. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): What are the latest traffic counts of vehicles and cyclists along Karingal Drive in Eltham and when were the surveys carried out.

ANSWER: Karingal Drive carries almost 24 000 vehicles per day. VicRoads estimates the data based on extrapolated 2014 traffic volumes. VicRoads does not measure cyclist volumes at this location.

Tourism and major events

10 982. MS WOOLDRIDGE — To ask the Minister for Small Business, Innovation and Trade (for the Minister for Tourism and Major Events): What monies has the Government contributed towards promoting tourism in the Eltham electorate in the 2015–16 and 2016–17 financial years.

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Tuesday, 2 May 2017 COUNCIL 1897

ANSWER:

As the Minister for Tourism and Major Events, I recognise the importance of tourism to the economy of greater Melbourne areas such as Eltham.

In July last year I was pleased to launch the Victorian Visitor Economy Strategy. The strategy provides a clear direction to increase visitor spending to $36.5 billion by 2025 and to increase employment in the sector to 320 700 jobs.

We have already delivered on part of the strategy. Visit Victoria was established on 1 July 2016 and the government has provided $38 million to fund Visit Victoria’s marketing campaigns. A number of Eltham attractions, businesses and experiences feature on Visit Victoria’s consumer website.

Eltham is on the outer edge of metropolitan Melbourne. As such, it is not included in Victoria’s regional tourism campaigns regions, but is a part of Greater Melbourne.

Visit Victoria provides funding to Destination Melbourne, a not-for-profit tourism organisation that empowers Melbourne’s visitor industry to continually enhance the visitor experience and inspire visitors to explore and enjoy Greater Melbourne.

Destination Melbourne’s focus is on visitors, encouraging them to explore Greater Melbourne through the production of official visitor resources and delivery of industry development programs and marketing campaigns.

Destination Melbourne, in conjunction with 24 local councils, including those in the Eltham electorate and supported by funding from Visit Victoria is currently developing a Destination Management Plan (DMP) for Greater Melbourne, to be delivered in the third quarter of 2017.

DMPs are an important tool to identify tourism gaps and opportunities to the region, plan how to support future tourism industry growth and realise employment outcomes. The overarching plan and sub-regional plans within will include evaluation of the visitor journey, visitor experiences, strengths, new product opportunities and recommendations on how to grow the visitor economy for the participating councils within that region.

The development of the DMP will provide an opportunity for the local government in the Eltham electorate to work with community members and local business to identify such opportunities across the region.

Small business, innovation and trade

10 984. MS WOOLDRIDGE — To ask the Minister for Small Business, Innovation and Trade: How many businesses in Nillumbik have been assisted by Small Business Victoria by using the small business bus or the business mentoring sessions in 2015 and 2016.

ANSWER:

In 2015, 11 business mentoring sessions were delivered and a further 47 individuals received information via the Small Business Bus in Nillumbik; in 2016, eight business mentoring sessions were delivered and a further 51 individuals received information.

Individual business mentoring sessions were also delivered independently of the bus in Nillumbik-in 2015, 39 business mentoring sessions were delivered; in 2016, 30 business mentoring sessions were delivered.

Housing, disability and ageing

10 985. MS WOOLDRIDGE — To ask the Minister for Families and Children: (for the Minister for Housing, Disability and Ageing): With reference to one bedroom public housing units in each if the following postcodes: 3093, 3094, 3095 and 3088 —

(a) how many units are there; (b) what funds have been spent in the last two years;

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(c) what is the average age of the units; (d) what is the occupancy rate; (e) what is the current waiting list for units; and (f) what plans are there to buy more units.

ANSWER:

I am informed that:

The Andrews Labor Government has not altered the reporting methods of the previous government with regards to requested information. Detailed information is available through budget reporting and departmental annual reports.

Housing, disability and ageing

10 986. MS WOOLDRIDGE — To ask the Minister for Families and Children: (for the Minister for Housing, Disability and Ageing): With reference to two bedroom public housing units in each of the following postcodes: 3093, 3094, 3095 and 3088 —

(a) how many units are there; (b) what funds have been spent in the last two years; (c) what is the average age of the units; (d) what is the occupancy rate; (e) what is the current waiting list for units; and (f) what plans are there to buy more units.

ANSWER:

I am informed that:

The Andrews Labor Government has not altered the reporting methods of the previous government with regards to requested information. Detailed information is available through budget reporting and departmental annual reports.

Housing, disability and ageing

10 987. MS WOOLDRIDGE — To ask the Minister for Families and Children: (for the Minister for Housing, Disability and Ageing): With reference to three bedroom public housing units in each if the following postcodes: 3093, 3094, 3095 and 3088 —

(a) how many units are there; (b) what funds have been spent in the last two years; (c) what is the average age of the units; (d) what is the occupancy rate; (e) what is the current waiting list for units; and (f) what plans are there to buy more units.

ANSWER:

I am informed that:

The Andrews Labor Government has not altered the reporting methods of the previous government with regards to requested information. Detailed information is available through budget reporting and departmental annual reports.

QUESTIONS ON NOTICE

Tuesday, 2 May 2017 COUNCIL 1899

Housing, disability and ageing

10 988. MS WOOLDRIDGE — To ask the Minister for Families and Children: (for the Minister for Housing, Disability and Ageing): With reference to four bedroom public housing units in each if the following postcodes: 3093, 3094, 3095 and 3088 —

(a) how many units are there; (b) what funds have been spent in the last two years; (c) what is the average age of the units; (d) what is the occupancy rate; (e) what is the current waiting list for units; and (f) what plans are there to buy more units.

ANSWER:

I am informed that:

The Andrews Labor Government has not altered the reporting methods of the previous government with regards to requested information. Detailed information is available through budget reporting and departmental annual reports.

Industry and employment

11 016. MS DUNN — To ask the Minister for Agriculture (for the Minister for Industry and Employment): In relation to the Flavourite Tomatoes’ greenhouse expansion plan announced on 28 February 2017—

(1) does ‘Flavourite Tomatoes’ greenhouse expansion plan include one or more biomass burners for wood chips sourced from native forests; (2) how many and what capacity; (3) will the grant funds be used to purchase the biomass burner(s); (4) what quantity of native forest woodchips will be used each year; and (5) what region of Victoria will the woodchips be sourced from.

ANSWER:

Flavorite’s expansion plans do not involve biomass burners as natural gas is the company’s primary source of energy.

Energy, environment and climate change

11 017. MS DUNN — To ask the Special Minister of State (for the Minister for Energy, Environment and Climate Change): In relation to the announced restriction on riparian revegetation in the Yellingbo Conservation area to 10 metres from a waterway: What evidence base did you use to make this decision, and what consultations were held with local environment groups on this 10 metre restriction.

ANSWER:

The Andrews Labor Government has committed to establishing the Yellingbo Conservation Area in accordance with the Victorian Government Response to Victorian Environmental Assessment Council’s Yellingbo Investigation Final Report March 2014.

The purpose of the Yellingbo Conservation Area is to help protect significant biodiversity and ecological values through the rehabilitation of stream frontages and the creation of vital habitat links. It is also aimed at protecting water quality and improving the health of our rivers and creeks.

QUESTIONS ON NOTICE

1900 COUNCIL Tuesday, 2 May 2017

In response to the concerns raised by Yarra Ranges Council and the local community in the Upper Yarra Valley about the potential for bushfire risk to increase, the government will not be undertaking any re-vegetation within this area until the bushfire management planning process has been finalised.

In the longer term, given the existing bushfire risk, the higher populations and generally lower conservation values in the Upper Yarra Valley area, I decided to limit the amount of re-vegetation that can occur on Crown land in this area. In the Upper Yarra Valley, including sections of the communities of Woori Yallock, Don Valley, Launching Place, Yarra Junction, Millgrove, Wesburn and Gladysdale, re-vegetation of Crown land will be restricted to a maximum of 10 meters from either side of the Yarra River and tributaries in the streamside areas. A lesser area will be re-vegetated if determined through bushfire management planning, to ensure that there is no material increase in bushfire risk and that priority is given to the protection of human life and private property. It is essential to note that this restriction applies to the Upper Yarra Valley area only and does not apply to the entire Yellingbo Conservation Area.

Over the next 12 months, the Yellingbo Conservation Area Coordinating Committee and Parks Victoria will be engaging the community in the development of a concept plan to guide the future use and management of Crown land that will form the Yellingbo Conservation Area. The bushfire management planning process will form the basis of the concept plan to ensure that the implementation of the Yellingbo Conservation Area does not increase the risk of bushfire to the local community.

I encourage the community, including local conservation groups to get involved in the concept planning process which will begin in June 2017.

Resources

11 018. MS DUNN — To ask the Minister for Agriculture (for the Minister for Resources): In relation to the Flavourite Tomatoes’ greenhouse expansion plan announced on 28 February 2017—

(1) does ‘Flavourite Tomatoes’ greenhouse expansion plan include one or more biomass burners for wood chips sourced from native forests; (2) how many and what capacity; (3) will the grant funds be used to purchase the biomass burner(s); (4) what quantity of native forest woodchips will be used each year; and (5) what region of Victoria will the woodchips be sourced from.

ANSWER:

Flavorite’s expansion plans do not involve biomass burners as natural gas is the company’s primary source of energy.

MEMBERS INDEX

COUNCIL i

MEMBERS INDEX DAVIS, Mr (Southern Metropolitan) Constituency questions BARBER, Mr (Northern Metropolitan) Southern Metropolitan Region, 1737 Bills Members statements Small Business Commission Bill 2016, 1749 Local government elections, 1717 Questions without notice Questions without notice Portland aluminium smelter, 1732 Caulfield–Dandenong line elevated rail, 1731 Standing Committee on the Environment and Planning BATH, Ms (Eastern Victoria) Reporting date, 1715 Constituency questions Eastern Victoria Region, 1736 DUNN, Ms (Eastern Metropolitan) Members statements Adjournment Cherished Mother and Child, 1718 Public transport disability access, 1767 Latrobe Valley employment, 1718 Questions without notice EIDEH, Mr (Western Metropolitan) (The Deputy President) Heyfield timber mill, 1730 Bills Creative Victoria Bill 2016, 1727 CARLING-JENKINS, Dr (Western Metropolitan) Rulings, 1762 Constituency questions Western Metropolitan Region, 1736 ELASMAR, Mr (Northern Metropolitan) Members statements Bills International Parliamentarians for West Papua, 1717 Small Business Commission Bill 2016, 1749 Questions without notice Statute Law Repeals Bill 2014, 1740 Correctional facility disability services, 1733, 1734 FINN, Mr (Western Metropolitan)

CROZIER, Ms (Southern Metropolitan) Adjournment Bills Melbourne Regional Landfill, 1767 Creative Victoria Bill 2016, 1724 Constituency questions Members statements Western Metropolitan Region, 1735 Anzac Day, 1719 Members statements Member for Melton, 1719 Western Metropolitan Region constituent, 1715

DALIDAKIS, Mr (Southern Metropolitan) (Minister for Small FITZHERBERT, Ms (Southern Metropolitan) Business, Innovation and Trade) Adjournment Bills Newton Reserve, St Kilda, 1768 Small Business Commission Bill 2016, 1751, 1752, 1753, 1754, 1755, 1756, 1757, 1758, 1759, 1760, 1761, 1762, 1763, 1764, Bills 1765, 1766 Lord Mayor’s Charitable Foundation Bill 2016, 1723 Constituency questions DALLA-RIVA, Mr (Eastern Metropolitan) Southern Metropolitan Region, 1736 Scrutiny of Acts and Regulations Committee Members statements Alert Digest No. 5, 1712 Holmesglen Private Hospital, 1718

MEMBERS INDEX ii COUNCIL

HARTLAND, Ms (Western Metropolitan) O’DONOHUE, Mr (Eastern Victoria) Bills Bills Lord Mayor’s Charitable Foundation Bill 2016, 1723 Consumer Acts Amendment Bill 2016, 1737 Statute Law Repeals Bill 2014, 1740 Members statements Members statements Upper Ferntree Gully building height limit, 1720 West Gate tunnel project, 1716 Points of order, 1735 Questions without notice JENNINGS, Mr (South Eastern Metropolitan) (Special Minister of Prison capacity, 1729, 1730 State) Bills ONDARCHIE, Mr (Northern Metropolitan) Drugs, Poisons and Controlled Substances Miscellaneous Amendment Bill 2017, 1695, 1699 Bills Family Violence Protection Amendment Bill 2017, 1702 Small Business Commission Bill 2016, 1740, 1751, 1752, 1753, Budget papers 2017–18, 1728 1754, 1755, 1756, 1757, 1758, 1759, 1760, 1761, 1762, 1763, 1764, 1765, 1766 Questions on notice Members statements Answers, 1734 Government performance, 1719 Questions without notice Points of order, 1762 Caulfield–Dandenong line elevated rail, 1731 Member for Melton, 1728, 1729 O’SULLIVAN, Mr (Northern Victoria) Portland aluminium smelter, 1732 Members statements Written responses to questions without notice Anzac Day, 1718 Desalination plant, 1771

PATTEN, Ms (Northern Metropolitan) MELHEM, Mr (Western Metropolitan) Bills Points of order, 1761 Small Business Commission Bill 2016, 1748

MIKAKOS, Ms (Northern Metropolitan) (Minister for Families and Electoral Matters Committee Children and Minister for Youth Affairs) Electronic voting, 1712 Bills Members statements Creative Victoria Bill 2016, 1728 Safe access zones, 1717 Lord Mayor’s Charitable Foundation Bill 2016, 1720, 1723 Questions without notice Questions without notice Child sexual abuse, 1732, 1733 Naloxone supply, 1733 Naloxone supply, 1733 Written responses to questions without notice Child protection, 1773 PENNICUIK, Ms (Southern Metropolitan) Drug law reform, 1772 Bills Creative Victoria Bill 2016, 1726 MORRIS, Mr (Western Victoria) Constituency questions Adjournment Southern Metropolitan Region, 1735 Police numbers, 1767

Bills PRESIDENT, The (Hon. B. N. Atkinson) Small Business Commission Bill 2016, 1750 Acknowledgement of country, 1695 Constituency questions Audit Committee Western Victoria Region, 1735 Review of members second residence allowance, 1711, 1712 Members statements Questions without notice Member for Melton, 1716 Written responses, 1734

MEMBERS INDEX

COUNCIL iii

Resignation of member Questions without notice Mr Herbert, 1695 Member for Melton, 1728, 1729 Rulings, 1734, 1735 Rulings by the Chair SOMYUREK, Mr (South Eastern Metropolitan) Questions on notice, 1769 Bills Standing Committee on the Environment and Planning Consumer Acts Amendment Bill 2016, 1738 Reporting date, 1715 SPRINGLE, Ms (South Eastern Metropolitan)

PULFORD, Ms (Western Victoria) (Minister for Agriculture and Bills Minister for Regional Development) Consumer Acts Amendment Bill 2016, 1738 Adjournment Members statements Geelong–Melbourne rail service, 1769 Plastic bag ban, 1716 Melbourne Regional Landfill, 1769 Newton Reserve, St Kilda, 1769 SYMES, Ms (Northern Victoria) Police numbers, 1769 Public transport disability access, 1769 Bills Bills Lord Mayor’s Charitable Foundation Bill 2016, 1723 Jury Directions and Other Acts Amendment Bill 2017, 1702, 1703 Ports and Marine Legislation Amendment Bill 2017, 1707, 1709 TIERNEY, Ms (Western Victoria) (Minister for Training and Skills and Minister for Corrections) Questions without notice Questions without notice Heyfield timber mill, 1730 Child sexual abuse, 1732, 1733 Written responses to questions without notice Correctional facility disability services, 1734 Duck season, 1771, 1773 Prison capacity, 1729, 1730 University of Divinity PURCELL, Mr (Western Victoria) Report 2016, 1712 Members statements Written responses to questions without notice Warrnambool May Racing Carnival, 1716 Port Phillip Prison, 1772

RAMSAY, Mr (Western Victoria) WOOLDRIDGE, Ms (Eastern Metropolitan) Adjournment Bills Geelong–Melbourne rail service, 1769 Lord Mayor’s Charitable Foundation Bill 2016, 1720 Bills Questions without notice Small Business Commission Bill 2016, 1766 Member for Melton, 1729 Constituency questions Western Victoria Region, 1736 Members statements Regional rail funding, 1719

RICH-PHILLIPS, Mr (South Eastern Metropolitan) Bills Statute Law Repeals Bill 2014, 1740 Petitions Crime prevention, 1711 Points of order, 1734