4 Dec 1996 Ministerial Statement 4845

WEDNESDAY, 4 DECEMBER 1996 OVERSEAS VISIT Report Hon. R. J. QUINN (Merrimac—Minister Mr SPEAKER (Hon. N. J. Turner, Nicklin) for Education) (9.32 a.m.): I table for the read prayers and took the chair at 9.30 a.m. information of all honourable members a report of my recent visit to China in which I led a delegation of university representatives into the Province of Shandong. SCRUTINY OF LEGISLATION COMMITTEE MINISTERIAL STATEMENT Resignation of Hon. D. M. Wells Women's Council for Rural and Mr SPEAKER: Order! Honourable Regional Communities members, I have to report that a vacancy Hon. J. M. SHELDON (Caloundra— exists on the Scrutiny of Legislation Deputy Premier, Treasurer and Minister for Committee consequent upon the resignation The Arts) (9.33 a.m.), by leave: I wish to draw of Dean MacMillan Wells from that committee. the attention of the House to a major step forward for the hardworking women and families of rural and regional Queensland. I Appointment of Mr P. T. Lucas am proud to make this announcement as Minister responsible for women's affairs, and I Mr FITZGERALD (Lockyer—Leader of do so on behalf of my colleagues the Minister Government Business) (9.31 a.m.), by leave, for Primary Industries and the Minister for without notice: I move— Local Government and Planning. "That Mr Paul Thomas Lucas, MLA, On Monday, State Cabinet endorsed the be appointed to the Scrutiny of formation of a Women's Council for Rural and Legislation Committee in place of Dean Regional Communities, a body which will give MacMillan Wells, MLA." a stronger voice in Government to the women Motion agreed to. of the State. The council, to be chaired by respected Beaudesert grazier, community figure and drought worker Jan Joyce, will be made up of women from all regions outside PRIVILEGE Brisbane. It will be briefed to provide practical Comments by Leader of the advice to Government on a range of issues Opposition affecting rural communities. To do that, it will draw on a great and somewhat untapped Hon. S. SANTORO (Clayfield—Minister resource: the vast body of knowledge and for Training and Industrial Relations) ideas shared by the women of rural and (9.32 a.m.): During the second-reading debate regional Queensland. on the Government's WorkCover Queensland I share the view expressed by Anglican Bill, the Leader of the Opposition referred to Archbishop Peter Hollingworth that the bush is me and stated, and I quote from page 4799 under unprecedented strain. So, too, are of the Daily Hansard— many communities not regarded as rural but ". . . he has been exposed for misleading which share similar disadvantages due to their the people and misleading the distance from the State capital. I strongly Parliament." support the archbishop's statements valuing the growing number of women in rural The honourable member has also—— leadership. Governments must do more to support communities and families caught in Mr MACKENROTH: I rise to a point of the crisis in the bush. By giving the women of order. That legislation is before the House and the State a greater opportunity to have their the Minister has the opportunity to reply today. views heard, the Government may be more I believe that he cannot rise on a matter of responsive to their needs. privilege in relation to that. This move is one of a long chain of Mr SPEAKER: Order! I was going to initiatives on which the coalition Government make a ruling. In view of the fact that the has embarked to assist people in rural and legislation is before the House and the regional areas of the State. Those initiatives Minister can reply, I rule that he can make his range from a massive injection of infrastructure statement at that time. spending, a huge return of Department of 4846 Ministerial Statement 4 Dec 1996

Primary Industries staff to rural areas where life outside the relative comforts of the city. It is they are needed, funds to subsidise water and an acknowledgment of the massive sewerage programs in small communities and contribution that so many women make to the an increase in drought relief funding. All this is State by keeping their communities, industries evidence that the Government is determined and families viable—usually while juggling their to put the heart back into the heartland of responsibilities to work, farm life, business, Queensland—a heart that has been torn out and, of course, raising children. These women by the wrong policies, the horror of drought are some of the most resourceful and and low commodity prices over six slow years. experienced people in Queensland. They are Few in this place would doubt the contribution experts on what works and does not work on that the women of the State have made in the farm and in our regional areas. They will overcoming such hardships over those years. do the women of Queensland proud. I Rebuilding of the bush will take time, hard congratulate them on being appointed to the work and dedication. There are few easy council and I look forward to receiving their first answers, but I have great faith in report and better—to making a real difference Queenslanders, particularly the women of this to life in rural and regional Queensland. council, to help bring about real solutions. The Government will certainly be listening to their advice. From a month after being sworn MINISTERIAL STATEMENT in—and the Office of Women's Affairs was Surgery on Time Project established to pursue such matters—we have Hon. M. J. HORAN (Toowoomba worked long and hard to establish a South—Minister for Health) (9.38 a.m.), by mechanism that could make a real difference leave: I wish to report to honourable members for women, families and communities of rural on the current status of the Surgery on Time and regional areas by giving strong advice to initiative. As honourable members are aware, Government. The steering committee, which the Surgery on Time initiative was developed made recommendations to Government last by Queensland Health as a Statewide month, found strong support for such a approach to enhancing elective surgery women's council. So from March next year, services and reducing waiting times for elective that council will be a reality. The council will be surgery. The plan was approved by Cabinet on required to consult extensively with the 1 July this year. Ten hospitals across the State community and community organisations in were selected to be a part of the project. formulating its recommendations. These hospitals are Cairns, Townsville, Issues to receive direct attention from the Rockhampton, Nambour, Prince Charles, council include ways to provide jobs in Royal Brisbane, Princess Alexandra, Gold traditional rural industries and in new Coast, Ipswich and Toowoomba. The hospitals industries, to give better access to were selected based on size and location telecommunications and to strengthen criteria and collectively represent 70 per cent regional centres. Members of the council will of the occupied surgical bed days for represent all statistical regions of Queensland Queensland public hospitals. outside Brisbane. Those members are Jan The targets for the Surgery on Time Joyce, appointed chair, Beaudesert; Angela project for 31 December 1996 are: (1) a Toppin, deputy chair and member reduction to less than 5 per cent of Category 1 representing women of non-English speaking patients waiting longer than the recommended backgrounds, Mareeba; Joan Byers, Calen; maximum of 30 days; (2) a reduction of the Teresa Allen, Kumbia; Ellen Cotter, Goomeri; percentage of Category 2 patients waiting Jan Darlington, Monto; Laurel McCarthy, longer than the recommended maximum of member representing Aboriginal women, 90 days; and (3) maintenance of the Yarrabah; Elizabeth Gillam, Clifton; Jenny percentage of Category 3 patients waiting Crichton, Morven; Pat Fennell, Mount Isa; longer than the recommended maximum of Betsy Fysh, Longreach; Jo-anne Fitchett, 12 months. Kirwan; and Zena Ronfeldt, Dalby. The members for the Fitzroy area and for Torres Mr SPEAKER: Order! There is too Strait will be announced in the immediate much audible conversation in the Chamber. future. Mr HORAN: In the first six months of the The council's term will extend from March project, information systems have been 1997 to June 1999 with a review by the Office implemented which facilitated the collection of of Women's Affairs due in March 1999. The data relating to waiting times for elective establishment of this council honours the surgery in Queensland. Elective surgery hardworking women and families who support coordinators were appointed at the 4 Dec 1996 Ministerial Statement 4847 participating hospitals and are the vital link above the end of year target with 6.25 per between the corporate project and the cent long-wait patients. This equates to two hospitals. The elective surgery coordinators patients only, and again the hospital has have an oversight role in the management of assured me that it will reach the end of year elective surgery services and in ensuring the target of less than 5 per cent. provision of reliable, consistent and I am also pleased to inform the House comparable data. Full-time perioperative nurse that the proportion of Category 2 patients educators have been employed in each of the waiting longer than the recommended time 10 hospitals to implement training programs has been reduced and the number of for all registered nurses entering perioperative Category 3 patients waiting longer than the nursing and to enhance skills for perioperative recommended time has been maintained at a nurses already in the work force. Similarly, similar level. The tremendous achievements operating theatre management information being made to reduce waiting times for systems are being progressively introduced to elective surgery in Queensland public hospitals enable the better utilisation of our operating are entirely due to the dedication and theatres, an equipment replacement program commitment of the health professionals in this has been implemented and funding has been State and particularly at those 10 hospitals. allocated to boost day surgery and support This result would not have occurred without post-acute services for patients who have their ongoing support and enthusiasm, and I undergone surgery. look forward to an equally successful 1997. Finally, considerable financial resources have been distributed to hospitals throughout the State to support extra elective surgery MINISTERIAL STATEMENT activity over and above base activity. As a Foreign Language Study result of these initiatives and the dedication Hon. R. J. QUINN (Merrimac—Minister and hard work of the staff of the participating for Education) (9.43 a.m.), by leave: I rise to hospitals, there have been an additional 2,080 inform the House of new guidelines relating to operations performed in July, August and foreign language study, which will be September of 1996 compared with the introduced into Queensland schools from the previous year. Special mention should be start of the next school year. Ever since made of Townsville Hospital which, in July Languages Other Than English—or LOTE— 1996, recorded its highest level of surgical became a compulsory subject in Queensland activity ever. Princess Alexandra Hospital has schools, many in the community have voiced also recorded a significant increase in surgical concerns that there were no exemptions activity in the three-month period. available for students who do not have the I am very proud and pleased to inform the capacity to benefit from such study. It was Parliament that the Surgery on Time initiative plainly unacceptable that no formal has achieved its first major milestone one mechanisms were available to exempt certain month early. As of 1 December 1996, the categories of students. proportion of Category 1 patients waiting There are certain parallels that can be clinically inappropriate times has been reduced drawn between LOTE and other subjects such to 4.5 per cent across the 10 hospitals. Of the as physical education. No thinking person 10 hospitals participating in Surgery on Time, would expect students with severe physical there are three hospitals which are yet to disabilities to engage in high-order physical reach the end of year target. Rockhampton activities, for example, the triathlon. They Base Hospital currently has 14 per cent of could never achieve an appropriate level of Category 1 patients who are long-wait competence no matter what effort was patients. This is a tremendous effort by this expended. Clearly they would be better off hospital which at 1 November this year had 43 spending their time on other activities more per cent of Category 1 patients waiting longer aligned to their needs. So it is with LOTE. than clinically appropriate. As the current number of long-wait patients is seven, the From next year, the following exemptions hospital assures me that it will reach its target for students studying a compulsory core of less than 5 per cent as at 31 December. subject will apply— Townsville General Hospital currently has students with intellectual or hearing 12 per cent of patients who are classified long disabilities who require intensive waits. This represents a total of nine patients specialised assistance—that is and again the hospital has assured me that it ascertained at levels 4, 5 or 6; will reach the Category 1 end of year target. students with learning difficulties requiring Finally, Cairns Base Hospital is marginally individual education programs—IEPs— 4848 Ministerial Statement 4 Dec 1996

and intervention and support from Government's main policy in terms of cutting learning support teachers; red tape was the systematic review of students who because of cultural legislation which, I might point out, did not background, impairment, religion or consider the issues of local regulations, a political beliefs may ask for exemption major issue of concern for the business under the Anti-Discrimination Act. community. Under the previous Government's grand plan, the systematic review process was All such exemptions will have to be made in left with the relevant Government department collaboration with school personnel, specialist to be responsible for conducting reviews. personnel and parents and approved by the When I had an opportunity to really look into executive director of the relevant region. this issue, I just saw that it was a case of Students who can show that they are Caesar judging Caesar. How can a already fulfilling the requirements of a school- department look at its own regulations and based LOTE program can also be exempted. honestly look at the impact they may have on Such examples could be— business? distance education students living in a Business is saddled with complying with non-English speaking country where they reams of legislation and regulations, which is are learning the language of that country; costing them time and money. Studies conducted by my department show that the students with disabilities such as vision, ongoing cost of complying with Government hearing or physical impairment who may requirements represents up to 3 per cent of have to undertake LOTE through distance firms' turnover, up to 11 per cent of wages, education under a special approved and up to 35 per cent of net profits. category; Businesses are under pressure out there, and non-English speaking students; it is no wonder when one looks at what the students for whom English is a second previous Government did to make it so tough language. This does not prevent the for small business. student from taking a third language by My Red Tape Reduction Task Force is choice. In some instances Aboriginal and serious about reducing this burden and the Torres Strait Islander students may be cost businesses have to put up with just to regarded as learning English as a second comply. The task force has come up with a language. number of recommendations which have been All exemptions in this category will also require endorsed by Cabinet. It is going to look at approval by the relevant executive director. issues such as— providing greater flexibility and improvements of all business licences, MINISTERIAL STATEMENT such as longer registration periods and Small Business more flexible payment options; Hon. B. W. DAVIDSON (Noosa— simplifying and streamlining operating Minister for Tourism, Small Business and licences required by tourism resorts; Industry) (9.46 a.m.), by leave: When this improving access by business to up-to- coalition Government came into office, we date Acts, regulations and related made a firm commitment to the people of guidelines; Queensland to reduce unnecessary red tape introducing customer service standards for affecting business. As part of that commitment all State Government agencies which I set up the Red Tape Reduction Task Force administer regulations; to look at the compliance and administrative burden placed on business, particularly small reducing the burden on the tourism business, by State and local governments. industry arising from regulations imposed This task force is business based and by Government departments; and comprises people from leading business and simplifying gaming machine and art union industry associations. licences. I have pleasure in informing members of It was clear to this Government from the this House that Mr Don Keough of Business initial outcomes of the task force that Queensland has been appointed as the chair. businesses in Queensland want us to look into Mr Keough brings to the task force a great these issues as a priority and find ways to deal of business skill and knowledge of small ease the burden. Work has already business in Queensland. As some members commenced on the priority issues raised in of the House would be aware, the previous their recommendations and by March/April 4 Dec 1996 Ministerial Statement 4849 next year the task force will report to Cabinet restrictions on the use of explosives by on exactly how the burden can be lifted. the Department of Defence; I was delighted that during the Estimates addressing the issues of Aboriginal and committee hearings of my portfolio the Leader Islander involvement in the taking of of the Opposition expressed his bipartisan dugong; and support for the task force. In subsequent asking for a report on the status of discussions, the Leader of the Opposition has research into the health and distribution of voiced his support that the task force could seagrasses. make a real difference for the small-business community in this State and I again thank him I seek leave of the House to table the for his support. This is a positive step forward resolution of the Great Barrier Reef Ministerial for Government to get off the back of Council with regard to dugong and a map business, and that is what this Government is showing the interim dugong protection areas. about, letting business get on with business. Leave granted.

MINISTERIAL STATEMENT MINISTERIAL STATEMENT Dugong Recovery and Conservation Atherton Tableland, Proposed Sugar Hon. B. G. LITTLEPROUD (Western Mill Downs—Minister for Environment) (9.49 a.m.), Hon. T. J. PERRETT (Barambah— by leave: On Saturday, a meeting of the Great Minister for Primary Industries, Fisheries and Barrier Reef Ministerial Council was held in Forestry) (9.51 a.m.), by leave: I am pleased Brisbane. An important item on the agenda to be able to inform the House that all was emergency measures needed for dugong impediments have been cleared to allow the recovery and conservation for the Great Barrier building of the proposed sugar mill near Reef and adjacent areas. Mareeba on the Atherton Tableland. The ministerial council adopted a Over the past few months, an interim mill recommendation that included confirmation suppliers committee has been negotiating with that urgent action is required to ensure Bundaberg Sugar Limited over details for the recovery of dugong populations in the Great supply of sugarcane to the proposed mill. Just Barrier Reef and adjacent waters. The council last week, the growers and the miller reached agreed to a list of nine interim dugong agreement on the basis for this mill to be built protection areas and to consider listing a and for a strong sugarcane growing industry to further two areas as the basis of a sanctuary be developed on the tablelands to supply system. The principle of having such areas at cane to the mill. This is extremely significant approximately 200-kilometre intervals was for the Atherton Tableland's economy. It is recognised. also significant because this is the first new mill in over 70 years. The agreement represents a The Great Barrier Reef Marine Park balance of the interests of the growers and the Authority, in cooperation with the Queensland miller, while still being innovative. Departments of Environment and Primary Industries and the Queensland Fish The success of the negotiations is due in Management Authority, is to report to both large part to the tireless efforts of the women Governments by 28 February next year on and men of the interim mill suppliers what action is necessary to ensure no further committee under the chairmanship of Mr dugong mortality occurs as a result of George Adil and to the efforts of Mr Grant commercial and recreational fishing practices McLean and his team from Bundaberg Sugar. in each of the protection areas. However, I must inform the House that the Government's policy of partnership with The aim is to ensure that fishing practices industry also was significant in achieving the which may result in dugong mortality will not resolution that will lead to this mill and to a be permitted in these areas. The report will be strong economy on the tablelands. This prepared in consultation with the fishing Government worked closely with the growers industry. and the miller, and with other sectors of the Other measures include— sugar industry, to assist these parties in legislation to require attendance at reaching their agreement in the short time offshore set mesh nets; available to them. Our policy of partnership is proving itself to be very positive, and stands in enhanced surveillance and enforcement contrast to the approach of the previous targeting areas of high dugong risk; Government. 4850 Ministerial Statement 4 Dec 1996

One must doubt that the mill would ever This move, an initiative of the Local have been possible without a coalition Government Association of Queensland, will Government and a change in philosophy from come into effect from 1 July next. So as not to the past to that of genuine partnership. Soon penalise subdividers, we will no longer provide after coming to Government, we started talks an overall value of the land held vacant in with the industry on the infrastructure that subdivision but will provide a valuation of each would be necessary to kick-start a sugar lot. A 40 per cent discount of the valuation will industry on the tablelands. This will give a be applied by local governments and the tremendous boost to the economy of that Office of State Revenue for calculating rates area, which was so devastated by previous and land tax. This discount will have a sunset Labor decisions to destroy the timber industry. after a maximum of two years general rates We gave substance to our policy belief and one land tax period applying from 30 that a Government investment in infrastructure June next. would be a sound investment in this State's Currently, the Act provides for a 21-day future. Government water, power, and display period for new valuations, 28 days for transport infrastructure clears the way for objections and appeals and 60 days for private investors to build new industries and objections on new parcels of land. The report provide new jobs. What a contrast with the recommends that the objection, display and previous administration, which sat on its hands appeal periods be standardised at 42 days, while our infrastructure decayed! the extended period for objections allowing I wish the tablelands growers and more time for owners to consider options on Bundaberg Sugar well in their future efforts, grievances. This is what Cabinet has decided. and look forward to announcing to this House Currently, the Act contains specific the commissioning of the mill in June 1998. references to cane assignments forming part of the unimproved value. However, the sugarcane industry is not as regulated as it MINISTERIAL STATEMENT was in the past with, for example, the ability to Valuation of Land Act move assignments around. It means there is no longer any particular need to specifically Hon. H. W. T. HOBBS (Warrego— highlight cane assignments in the legislation. Minister for Natural Resources) (9.53 a.m.), by leave: On 7 October, I presented a report to Cabinet on the State's valuations system MINISTERIAL STATEMENT which contained 68 recommendations on how Department of Housing to simplify the system and make it more open and accountable. While a detailed study of the Hon. R. T. CONNOR (Nerang— recommendations is continuing, some early Minister for Public Works and Housing) amendments to the Valuation of Land Act can (9.56 a.m.), by leave: The Auditor-General's be made. Cabinet this week approved report, tabled in Parliament yesterday, has amendments which will— raised serious concerns regarding the record of accountability of the Department of Housing provide a separate value for each lot in a under the previous Minister, Terry Mackenroth. plan of subdivision instead of the current method of assessing subdivided land as a The Auditor-General's report documents a total package; mountain of problems I inherited from the previous Labor Government. The records remove the reference to cane relate to Labor's maladministration and show assignments in the Act—something they lacked ongoing accountability. As soon sought by the sugarcane industry for as I became aware of the enormity of these some years; and serious problems, I initiated revised adjust the display, objection and appeal procedures. I sought the assistance of the periods for a valuation to a standard 42 Office of the Public Service, which has days instead of the current range of established a task force comprising officers of periods from 21 days to 60 days. both departments to investigate the issues Providing a separate value for each lot in essentially raised by the Auditor-General. a subdivision will result in administration The Auditor-General's report is only part of savings for both the Department of Natural the story. There is also a consultant's report Resources and local government. It will allow commissioned by the member for Chatsworth administrators to target rates and land tax at when he was the Housing Minister. I table that the people who actually own the land instead report. There are also other reports, such as of missing them or targeting the wrong person. the Audit Office memorandum of 30 July, 4 Dec 1996 Overseas Visit 4851 which I also table. The Auditor-General's had income greater than the eligibility comments in the memorandum included criteria; and criticism of the department in relation to were already living in the premises. unsigned ministerial approvals, lack of funding agreements, accountability, documentation Many measures have been put in place not submitted by the recipients, reconciliation to clean up Labor's bond loans mess. The of grants not completed, lack of supporting financial administration has been the subject documentation, incorrect coding of of critical audit comment since 1993-94—three transactions, missing files and lack of system years of maladministration under the member appraisal. for Chatsworth. Labor's former Housing Minister should hang his head in shame. The The member for Chatsworth's legacy, former Minister also allowed letters of demand spelt out in the Auditor-General's report, to be sent when nothing was owing. I table a highlights Labor's mismanagement and lack of letter dated 13 February that details bond loan accountability. These are just some examples accounts of zero required to be paid in arrears. of Labor's legacy— Other debts were negative. One letter of continuation of providing bond loans demand required minus $20 to be paid; outside guidelines; and another required minus $30 to be paid. I table a system that produced more than 400 those documents for the information of the cheques for people who had disappeared House. off the tenancy rolls that were sitting The former Minister also allowed millions around the department. of dollars to be supplied to community groups Most of the cheques went nowhere and were for the building of houses where the Act quite still sitting there when we took Government specifically required mortgage documents to months later. go out without mortgages, and then put in place a process of offering $100,000-plus in a We should also not forget the HOME political cover-up of the fact that he had not Scheme and the Rental Purchase Plan home complied with the Act. ownership scheme failures and the total breakdown of the rental bond loan system. Mr MACKENROTH: I rise to a point of order. That is untrue. When I became the Data anomalies on the file also revealed Minister, there was no requirement for the following anomalies— community groups—a carryover from the 117 records which had the account National/Liberal Party Governments—to have number of 000,000,0002; and any funding documents in place. I instituted procedures to have them put in place. 431 records with the account number of 00,00,9999,97. Mr SPEAKER: What is the point of order? That is over 500 records with just two account numbers! No wonder the Auditor-General was Mr MACKENROTH: What he says is upset. untrue and I ask for it to be withdrawn. The bond loan program assists people Mr CONNOR: Whatever the previous who cannot afford to pay the rental bond Minister found to be untrue, I withdraw. required to enter into private rental However, the legal advice given to my accommodation. These audit findings show department is that the Housing Act as it was that the bad debts written off over the last under the previous Minister required that there three years totalled $16m and, on average, should be mortgages against those houses, represented 52 per cent of outstanding loans and there was not. The previous Minister over those years—more than half were bad implemented a program that required that to debts. Where were the policies and be put in place. accountability? Additional issues identified by external OVERSEAS VISIT audit included instances where they did not Report comply with the departmental policy on eligibility for bond loans in that the loans were Hon. D. E. McCAULEY (Callide— given to people who had— Minister for Local Government and Planning) (10.01 a.m.): I lay upon the table of the House a previous outstanding bond loan debt; a report of my recent visit to Canada and the already had ownership of a property; United States of America. 4852 Notices of Motion 4 Dec 1996

SITTING HOURS ON WEDNESDAY, conventions. Mr Horan is now the Minister and 4 NOVEMBER 1996 is in a position to direct extra funding to Home Sessional Order Help. He should stop trying to blame others for his own incompetence. Mr FITZGERALD (Lockyer—Leader of Government Business) (10.02 a.m.), by leave, without notice: I move— NOTICES OF MOTION "That not withstanding anything Performance of Coalition Government contained in the Standing and Sessional Orders, this day's sitting of the House will Mr BEATTIE (Brisbane Central—Leader continue past 7.30 p.m. Private members' of the Opposition) (10.04 a.m.): I give notice motions will be debated between 6 and 7 that I will move— p.m. The House will then break for dinner "That this House— and resume its sitting at 8.30 p.m. Government business will take Notes that a complete lack of leadership precedence for the remainder of the day's by the Premier and Deputy Premier has sitting except for a 30 minute resulted in Queensland ending 1996 adjournment debate." with— Motion agreed to. the highest unemployment rate of any mainland State; ACTS INTERPRETATION AMENDMENT the lowest business confidence in the BILL country; Remaining Stages; Abridgment of a stagnant economy with capital Time works and major projects stalled; Mr FITZGERALD (Lockyer—Leader of dozens of broken promises in health, Government Business) (10.02 a.m.), by leave, law and order, education and other without notice: I move— services; "That so much of Standing and an excessive number of inquiries and Sessional Orders be suspended to enable reviews, now totalling 144; the Acts Interpretation Amendment Bill to pass through all its remaining stages at a Cabinet of non-performers this day's sitting." incapable of providing leadership, vision and strong, decisive Motion agreed to. management for Queensland; seven new or increased taxes; PERSONAL EXPLANATION government administration in turmoil; Misrepresentation by Minister for and Health Condemns the Borbidge-Sheldon Mr BEATTIE (Brisbane Central—Leader Government for repeatedly breaking its of the Opposition) (10.03 a.m.), by leave: I Contract with the people of Queensland, have been misrepresented by the Minister for leaving a litany of broken promises and a Health. In an answer to a question on notice growing and dangerous economic on 4 September and in the Maryborough malaise." Chronicle on 3 December 1996, the Minister for Health said that on 1 July 1995 I had introduced changes to the eligibility criteria for Queensland Public Sector people wanting to access Home Help services. In Opposition, the Minister never got much Ms BLIGH (South Brisbane) right; in Government, he misleads about (10.05 a.m.): I give notice that I will move— dental lists, has not got a clue about hospital "That this House— budgets and operates on waiting lists instead of patients. However, this incident is amongst (1) Expresses grave concern about the his worst cases of misleading people. Government's secret agenda for the Queensland public sector, I became the Minister on 31 July including— 1995—30 days after Mr Horan alleged I had made changes. On 1 July, the Government the introduction of Competitive was in a caretaker mode and would have Service Delivery requirements for made no changes of a policy nature under the all Budget sector agencies; 4 Dec 1996 Private Members' Statements 4853

the introduction of a Opposition regards with the utmost purchaser/provider split in the seriousness the intrusion into the operations of delivery of public services; Parliament by the Borbidge Government's the introduction of radical new Connolly inquiry. The Connolly inquiry has models of service delivery, demanded, in a clear breach of parliamentary including contractual franchising, privilege, that the accountability dealings voucher payments and direct between the CJC and the PCJC should be social payments; and sacrificed to the inquiry for the benefit of a politically motivated inquiry. Is nothing sacred? (2) Further, notes that the Government Agents of the Borbidge/Connolly inquiry are has no mandate for the trying to infringe on the rights of the implementation of this agenda and Parliament in a clear breach of the spirit of calls on the Government to put an Fitzgerald. As parliamentarians, we need to be immediate halt to the development vigilant against such attacks or intrusions on and implementation of these Parliament which, after all, is the people's proposals until a comprehensive House. Government discussion paper has been prepared and released for In the minute remaining, I wish to talk public consultation." about the Government's performance. On 2 December a column appeared in the Deputy Treasurer's own local paper, the Sunshine Food Hygiene Coast Daily, headed "Shame Qld, shame". Mr CAMPBELL (Bundaberg) The Deputy Premier's local paper states that (10.06 a.m.): I give notice that I shall move— there is "a lack of leadership" by the "That this House notes with concern Government and discusses its "abysmal the suspected food related viral infection performance". The article states, "the public outbreak of passengers travelling on a service are forever wondering who will be next Brisbane to Townsville Ansett flight last on the hit list" and that "promises on law and week, and that during the month of order, education and health . . . seem to lurch November— from one crisis to another as they slide the confirmed 500-plus passengers downhill." The article continues— contracting salmonella poisoning on ". . . but where is the protest at a 14 Qantas flights out of Cairns; Government so obsessed with saving its the 80 students and 9 teachers at own skin against possible charges of Park Ridge High School who suffered electoral bribery that running the State is food poisoning at a Brisbane Hotel; purely secondary? the 84 Townsville people who Where is the protest at the enormous suffered food poisoning from eating cost to the Queensland taxpayer of all chicken at seven different functions; these inquiries? the food poisoning outbreak in . . . Toowoomba; and acknowledges the growing loss of As for the treatment and public confidence in the food hygiene, undermining of this Government towards food inspection systems in Queensland, the CJC, I can only say I am quite the concern for the 'clean image' of our appalled. food exporting industries and the damage . . . being done to our tourism industry; and condemns the State Government for Once again Queensland has its inaction and refusal to debate and become the butt for interstate jokes . . . establish an all-party select committee to Once again we have a Coalition that inquire into this matter as I proposed to is secretive and places no importance on the House on 4 September 1996." honesty and integrity in their determination to remain in power . . . PRIVATE MEMBERS' STATEMENTS Once again we have returned to the pre- Fitzgerald era. Connolly Inquiry; Performance of Coalition Government . . . Mr BEATTIE (Brisbane Central—Leader Our State should be holding its head of the Opposition) (10.07 a.m.): The in shame." 4854 Private Members' Statements 4 Dec 1996

Ready Recruits allowance. The Minister also strongly Mr LAMING (Mooloolah) (10.09 a.m.): supported the operational shift allowance in Recently, I visited the Ready Recruits work his budget program statement during the program being run on the Sunshine Coast for consideration of the Estimates this year. I ask unemployed, particularly young, people. One the question: why is the Minister allowing its of the main objectives of the program is to use to be greatly reduced? The current action make unemployed people ready to enter the of removing some of the 4,500 police from this work force. When I talked to some of the arrangement will reduce the availability of the young people involved in the program, I was Police Service to the public at the busiest of quite disturbed to see their situation, because times. they are not used to the normal work force Those officers are now also having that many of us have come to expect. We overtime tightly restricted, my advice is, to two need to look at this tragic situation, particularly hours per week without prior approval as there are over one million unemployed regardless of the circumstances. This will save people in Australia. On the Sunshine Coast costs in the State's crime operations alone of alone there are 13,000 unemployed people. some $600,000. The public deserve to have We need to look more deeply at the the highest number of the already scarce reasons for this situation. Many commentators police numbers available. The police must be have suggested that it goes back to changes allowed to work in the most effective manner in tariff structures and technology. However, on behalf of the public. Their union notified the today in this country we have a higher State Industrial Commission on Monday of a participation rate than we had 20 years ago. dispute, and that will be the subject of a Social changes have created a group of compulsory conference today. I trust that the people in the community who find it difficult to Industrial Commission will look after the obtain work. I commend the work of some interests of the public and the police a lot Government Ministers, particularly the Minister better than this Minister is. The availability of for Trade, the Minister for Small Business, and the 19 per cent shift allowance was one of the the Minister for Training and Industrial most important reforms introduced by the Relations, who are working hard to try to get Goss Government. It is sad to see it being the Queensland economy going. I am sure destroyed by this Minister. that that will happen in 1997. Those Ministers are working very hard, and we will take on this Papaya Fruit Fly Inspection Stations issue. Mr ROWELL (Hinchinbrook) I call on the Federal Government to find (10.13 a.m.): I wish to praise the role of the new ways of dealing with the residual numbers papaya fruit fly inspection stations in fighting to of people who will find it extremely difficult to control the spread of the pest. The roadblock get into the full-time work force. at Rollingstone completed its first year of Time expired. operations on 1 December. Since its establishment, more than half a million cars have passed through it. The Rollingstone Police Service; Operational Shift effort was complemented by the Allowance establishment last month of the Cardwell Mr BARTON (Waterford) (10.11 a.m.): I inspection station. The Cardwell inspection refer to the considerable concern being station, which is located eight kilometres south expressed by serving police officers and their of the town, provides further protection against union about the removal of a significant the spread of the fly south. number of police from the 19 per cent During the initial weeks of its operation, operational shift allowance, along with the some interesting data has emerged which introduction of very tight new restrictions on reinforces the importance of the roadblock. police overtime. The shift allowance scheme The Cardwell inspection station is open from was in lieu of overtime and provided improved dawn till dusk seven days a week and is availability of police to the public at the busiest staffed by 11 DPI officers—six full-time and times, particularly on weekends. five casual. Since commencing operations on In answer to a question on notice last Monday, 11 November, a total of 22,879 week, the Police Minister advised me that the vehicles have stopped at the inspection allowance provided an increase in the number station, with the daily average being 1,089. A of available shifts of 6.1 per cent, a most staggering 22.5 wheelie bins full of fruit have significant increase. In that answer, the been seized at the roadblock, mostly taken Minister supported the operational shift from tourists and locals who had yet to realise 4 Dec 1996 Private Members' Statements 4855 that the Cardwell roadblock was up and member of the secretariat of the Commission running. Reflecting the seasonal fruit available, of Audit Mr Errol Mulvahil, the Audit Manager mangoes are the most common fruit seized at of the Queensland Audit Office. She quoted Cardwell. However, apples, oranges and from a letter sent by the Auditor-General to the bananas are also quite common. then acting Under Treasurer in which the After less than a month since it was Auditor-General stated that the "experience established, the Cardwell inspection station was invaluable for Errol". No doubt this has already proven its worth. It is important experience has also been invaluable for the that the stringent controls placed on producers Auditor-General, who has found it necessary having to comply with southern market to clarify his position vis-a-vis the Treasurer, requirements to sell their produce have not her bogus audit and its politically motivated been carried out in vain. There are people who report. He states— try to avoid the inspection stations and risk "While a senior member of my staff spreading the papaya fruit fly to other areas. was seconded to the Secretariat of the Some people were circumventing the Commission, no inference should be Rollingstone roadblock by driving via Mount drawn that the estimated balances and Fox and High Range. projected financial results were subjected Time expired. to audit by me." I congratulate the Auditor-General on reasserting his independence and exposing Auditor-General; Commission of Audit the Treasurer's attempts to mislead the Hon. D. J. HAMILL (Ipswich) Parliament. In conclusion, one can only pose (10.15 a.m.): The year 1996 will go down as the question: when is an audit not an audit? the year in which the Queensland Government The answer is: when the Treasurer set out to deceive the people of Queensland commissions it. as to the state of our public finances. In a desperate attempt to pursue its political agenda, the Government allocated $1m to its Sitting Days/Hours Statistics Commission of Audit to push the coalition's Mr TANTI (Mundingburra) (10.17 a.m.): I ideological agenda of selling off public assets wish to point out that the Leader of the and contracting out public sector services. Opposition's rantings in this Chamber about Despite the Treasurer having to admit in the coalition Government's failures to achieve her Budget Speech that the 1995-96 Budget give me just another opportunity to provide was in surplus on an accrual basis, much had details that again prove that the only true been made of the Commission of Audit's failure in this Chamber is Mr Beattie's failure. allegation that there was a growing Budget Yes, the dummy-spitting "Elmer Fudd" of the deficit. We now have the Auditor-General Labor Party has failed. expressing his concerns about the This is Chapter 4 in my serial, and I touch Commission of Audit. At page 133 of the First on details in relation to comparative statistics Report of the Auditor-General on Audits on sitting days, sitting hours and the number Performed for 1995-96, he states— of Bills passed by this hardworking, achieving, "Despite the use of the word 'audit', forward-moving Government that continues to the Queensland Commission of Audit and outperform the lacklustre bunch on the similar Commissions set up by Opposition benches. The Opposition's only Governments in other jurisdictions have truly capable member is Anna Bligh. not conducted audits in the traditional or This Government thanks the Leader of commonly understood sense. Rather, the Government Business, Mr Tony FitzGerald, for roles of the Commissions have been the way in which he has controlled the directed more at reporting on the current passage of legislation. During the period from and projected overall financial position February 1996 to the end of November 1996, through the preparation of varying this Government passed 74 Bills. During the consolidated statements of financial same period in 1995, the Labor Party passed position based on a number of unaudited only 58 Bills. Under this Government, the assumptions." Deputy Premier passed 20 Bills; Denver On 25 July, the Treasurer told Parliament that Beanland, 12 Bills; Trevor Perrett, 6 Bills; Rob the Auditor-General was very familiar with her Borbidge, 5 Bills; and Bob Quinn, 5 Bills. Commission of Audit. She also told Parliament During our time, we sat for 463 hours and how she tried to cloak her Commission of 49 minutes on 44 sitting days, while the former Audit with respectability by seconding as a Labor Party Government sat for only 339 4856 Private Members' Statements 4 Dec 1996 hours and 25 minutes on 45 sitting days. Our Christmas holiday season, this Minister wants average duration of hours per sitting day was to cut back intensive care services. Whether or 10 hours and 32 minutes, compared to not a person goes to ICU is now a monetary Labor's 7 hours and 33 minutes. While the decision rather than a medical/clinical one— failed Leader of the Opposition rants and just like the directive made under this raves and wastes time on any piece of Government that patients cannot get sick at muckraking that his ill-advised minders run the end of the month because the hospital with, this Government has passed Bills that set might have a bit of a budget overrun. I have this State for a huge future through many never once heard of the PA intensive care unit reforms in law and order, education, State being anything but full most of the time, and finances, transport and health. The Labor to go and cut this essential service should be Opposition Leader is so worried about his an indictable offence. The Labor Government party's factional fighting and the shadow of the was planning increased high-dependency Phantom creeping up on him that he has beds at PA to reduce the pressure. This allowed this Government to outperform his Government is cutting them. lacklustre group. I again say that the Leader of the Opposition has failed. Time expired.

Princess Alexandra Hospital Exercise Rough Landing, Clermont Mrs EDMOND (Mount Coot-tha) Mr MITCHELL (Charters Towers) (10.19 a.m.): Yesterday I received information (10.21 a.m.): The town of Clermont was the from concerned staff at the PA Hospital that host centre for Exercise Rough Landing. they would soon lose beds from the intensive Emergency services are vital in any care unit and/or up to five nursing positions. I community, especially when most of those in managed to confirm that a final decision on my area are volunteer based. I am very these bed closures and staffing reductions pleased with the way the Clermont community would be made this Thursday. Hospital staff responds to emergencies. Exercise Rough have been told to make these drastic cuts to Landing was a simulated exercise using pay for the PA's budget overrun of which over personnel and equipment from responding $250,000 has been sheeted home to the agencies and was designed to review intensive care unit. emergency procedures through the stages of The empty promises of the Minister who a crash alert, culminating in a passenger said he would open wards and beds and aircraft crash on approach to the Clermont boost staffing levels has been exposed as a aerodrome. Organisations participating in the fraud yet again. With all the arrogance we exercise were the Belyando Shire Council, the have come to expect, the Minister's Queensland Ambulance Service, the spokesman confirmed the story in the Courier- Queensland Fire Service, the Queensland Mail, admitting that the bed closures and the Police Service, the State Emergency Service sacking of nurses in the ICU at the PA were and the Clermont Hospital. due to budgetary pressures. That is code in The aim was to exercise, in real time, the the Health Department for "budget overruns". call-out and response procedures of But how can this be? The Minister told the emergency services and associated agencies Parliament during the Budget estimates that to an aircraft crash within the vicinity of the he had given all hospitals a clean slate. Clearly Clermont aerodrome. The objectives were: to this is another fraud and the real reason review the real-time response of emergency behind the Minister's decision to refuse my services; to review the resource requirements calls for him to release details of individual and their availability for effective rescue, hospital budgets. I suppose the Minister's evacuation and care of people on board; to press secretary thinks his comments are pretty identify and take steps to eradicate any funny. He said that the PA's intensive care unit serious procedural and functional weaknesses; would be moved. Why? Supposedly to make to exercise the command, control, better use of the unit! That is not an honest coordination and communication procedures appraisal, as usual. between participating organisations The staff and services are going, going, responding to the exercise; and to review gone as a direct result of mismanagement standing operation procedure/s. Fourteen and budget bungling thanks to the Minister. At emergency service personnel responded and a time of the year when ICU and trauma were in attendance at the aerodrome, and services are stretched to the limit due to the others would have been on stand-by in road carnage which sadly comes with the Clermont. 4 Dec 1996 Private Members' Statements 4857

At all times it was noticed that there was a claimed, or principals are likely to finish up high degree of cooperation and consultation before the Anti-Discrimination Commission between all agencies involved in the exercise. every time they use their powers. The exercise director in his summary said that This Parliament and the public of from the results of the exercise it appears that Queensland have a right to know whether it is the emergency procedures in the aerodrome the intention of the Attorney-General to manual worked well and no changes are amend the Anti-Discrimination Act to remove required. He also mentioned that the age as one of the criteria for claiming emergency service personnel can be well discrimination. Instead of coming in here by pleased with their performance on the day and stealth and amending legislation in feel confident of their ability to cope with real- anticipation that at some point in the future it life situations. is going to change another Act and therefore not proclaiming parts of the legislation it passed last week, the Government should Education (General Provisions) have the honesty and the decency to go out Amendment Bill there in the community and express its Mr BREDHAUER (Cook) (10.23 a.m.): intentions for the Anti-Discrimination Act. Last week the Government passed its Time expired. Education (General Provisions) Amendment Bill through the Parliament. At the time, the Opposition drew the attention of the House to Industry Services Group, Department its concerns that Division 4 of the Bill dealing of Primary Industries with the cancellation of enrolments of students Mr MALONE (Mirani) (10.25 a.m.): I rise over 15 years of age might breach the Anti- to commend the Minister for Primary Discrimination Act. Following repeated Industries, the Honourable Trevor Perrett, questioning during the second-reading debate MLA, on his recent initiative in establishing an and at the Committee stage, the Minister said Industry Services Group within his department. that, to the best of his advice, only the Anti- The entire Parliament should be under no Discrimination Tribunal could ultimately illusion as to the difficulties that Queensland's determine whether the Anti-Discrimination Act primary industries have faced in recent years has been breached. in terms of drought, poor commodity prices, Since that debate, further information has declining terms of trade and the increasing come to me via concerned public servants that regulatory and cost burdens placed on them this Minister and this Government have by the previous Labor administration. Despite knowingly and deliberately passed a Bill these adversities our primary industries have through the Parliament which they know to be continued to reward this State with handsome in contravention of the Anti-Discrimination Act. returns. In fact, the Minister has legal advice to this The coalition Government recognises the effect. I am further advised that one of the valuable economic and social contribution our justifications given for deliberately primary industries make to Queensland and is contravening one of its own statutes is advice 100 per cent committed to facilitating further to the Education Minister that the Attorney- development and success in these industries General intends to amend the Anti- wherever possible. To this end, our Discrimination Act in 1997 to either water down Government has worked hard to develop an or remove age as one of the criteria for excellent working relationship with various claiming discrimination. The Education Minister industry organisations, and Trevor Perrett does not intend to proclaim the offending particularly is to be commended on his efforts sections—that is, Division 4 of the Education and achievements in this regard. One such (General Provisions) Amendment Bill—until the achievement is the establishment of the Attorney-General has amended the Anti- Industry Services Group within the Department Discrimination Act. Not only does this of Primary Industries, which has been set up represent highly questionable legislative to provide industry organisations with expertise practice in this House—passing a Bill which and assistance for conducting special projects, anticipates future decisions of the such as strategic plans and the like. This Parliament—but the Minister has also initiative has been welcomed by the industry perpetrated a fraud on Queensland's organisations, most of which through no fault education community and especially on high of their own have felt the full brunt of the school principals. Either they have no difficulties mentioned already and which will additional powers to deal with students of post find this initiative extremely valuable. In fact, a compulsory school age, as the Minister has number of organisations have already utilised 4858 Questions Without Notice 4 Dec 1996 this service, including the Queensland Pork does back up Dr Denaro's claims in many key Producers Association, which is conducting a areas. The Minister launched the investigation review of the organisation's structure in light of with a view to muzzling the hospital's director changes occurring within the industry, and the of medicine, who rang the alarm about staffing Sheep and Wool Council of Queensland, shortages, underfunding and the dangers this which is developing a strategic plan aimed at posed to patient care, in exactly the same way focusing its industry on a recovery plan. he bullies all critics into silence. Nevertheless, The entire Parliament will agree that the he forced out the director of medicine before establishment of the Industry Services Branch the people of the Gold Coast had time to within the DPI is indeed a tremendous initiative digest the contents of the report so he could and an excellent use of departmental promise his usual Clayton's implementation of resources. It is also yet another example of its recommendations. We found out what he Minister Perrett's commitment to take DPI planned to do about the problem from the back to the bush. moment the allegations were made. Time expired. Time expired.

Gold Coast Hospital PRIVILEGE Mrs ROSE (Currumbin) (10.28 a.m.): Criminal Justice Commission Last week the Minister for Health tabled the Mr SPEAKER: Order! I wish to advise long-awaited report into serious matters about the House that I have referred the matter patient care endangering lives at the Gold raised by Mr Grice on 3 December concerning Coast Hospital, and what a whitewash it was! the Criminal Justice Commission to the The Minister tabled the report in Parliament Privileges Committee. without any explanation as to what he was going to do about the problems identified in the report because the report provides him PRIVILEGE with no self-glory opportunities. The Minister Tabling of Report made sure the report discredited the Hon. T. M. MACKENROTH complainant, Dr Denaro, Director of Medicine, (Chatsworth) (10.30 a.m.): I rise on a matter of before the complaints could be turned on the privilege. In the Minister for Public Works and Minister. Minister Horan made sure the report Housing's ministerial statement this morning, included recommendation 3, which states— he claimed that he would table a consultant's "The Director of the Division of report which was commissioned by me. He Medicine to raise issues of patient care in then went on to table an internal audit report the appropriate forums within the dated April 1996 and not a consultant's report Hospital." that was commissioned by me. The Minister That is code for "Keep your mouth shut". The continually misleads the House in relation to Minister claimed that no-one had supported Dr issues. Denaro's claims of underresourcing leading to Mr Connor: I did table it; they just mixed the compromising of patient care. Well, he did it up. not look very far. Today 22 medical staff at the Mr MACKENROTH: The Minister tabled Gold Coast Hospital are saying exactly the a Queensland Audit Office memorandum to same as the Labor Opposition: this report was his director-general and he tabled an internal aimed at saving Mr Horan's face, not patients' operational audit report, not a consultant's lives. If Dr Denaro thought he could have report which was commissioned by me. It was raised these complaints earlier, he would have an internal operational audit, not a done so, and the report itself confirmed consultant's report. I will not ask that the inadequacies in the hospital for addressing matter be referred to the Privileges Committee patient care problems effectively. because it would be sitting on Christmas Day Recommendation 14 reveals a more serious to hear the types of things on which this bloke breakdown in communication. It states— misleads the Parliament. "The Hospital executive investigate communication within Hospital and Divisions with the development of QUESTIONS WITHOUT NOTICE strategies to enhance communication eg. Queensland Place Skill development, staff meetings etc." Mr BEATTIE (10.31 a.m.): I refer the Despite the obvious attack on the doctor Minister for Public Works and Housing to the who had the guts to speak out, the report Cabinet submission he had prepared on the 4 Dec 1996 Questions Without Notice 4859 future of Queensland Place, which is part of say that the duplicity and the hypocrisy of the the Roma Street redevelopment, and I ask: Labor Party knows no bounds. Who can forget was this Cabinet submission prepared to in the televised debate prior to the last prevent access to documents which had been election, when I issued the challenge to the requested by the member for Chatsworth member for Logan, the then Premier, for truth under the Freedom of Information Act, and in political advertising how he seized on the what in particular is the Minister trying to hide moment and gave bipartisan support? In fact, from the people of Queensland? an article in the Australian of 15 July states— Mr Elder interjected. "Queensland's political adversaries Mr SPEAKER: Order! gave bipartisan support yesterday to legislating for truth-in-election advertising Mr CONNOR: No, and the second part of the question is irrelevant. . . . Mr SPEAKER: Order! The member for During a televised debate on the eve Capalaba! I could not hear the Minister's of the State poll, the Premier, Mr Goss, answer. rose to a challenge by the Opposition leader, Mr Borbidge, and supported the Mr CONNOR: I said, "No, and the Coalition's commitment to amending the second part of the question is irrelevant." Electoral Act." How that contrasts with the attitude of the Queensland Place Labor Party now. Mr BEATTIE: Can the Minister for I refer to an article in today's Courier-Mail Public Works and Housing confirm that he or which states— officers of his department held discussions "Labor members of a parliamentary with Thiess Contractors Pty Ltd about an committee have split from their Coalition arrangement to allow the company exclusive counterparts and rejected a rights over part of the land at Queensland recommendation for all false, misleading Place without going to public tender? and deceptive political advertising to be Mr CONNOR: The department has had banned by legislation." discussions. It was referred to Cabinet. The article went on to state— Mr Mackenroth: You just said, "No." "But the three Labor committee Mr CONNOR: No, I did not. It was members issued a dissenting report, referred to Cabinet. What was the other part of saying they supported truth in political the question? advertising but any legislation which Mr BEATTIE: Mr Speaker, I am happy attempted to define and regulate truth in to read it again to assist the Minister. Can he election campaigns would be confirm that he or officers of his unworkable." department—and I will read it slowly—held They did not say that during the election discussions with Thiess Contractors Pty Ltd campaign. How can we forget these grubby about an arrangement to allow the company little postcards that went right across marginal exclusive rights over part of the land at electorates from one end of the State to the Queensland Place without going to public other? On the front of the one I have here, it tender? says, "Sold. Redland Hospital", and on the Mr CONNOR: I have already answered back it states— it. "Dear Householder, The Nationals and Liberals will SELL Truth in Political Advertising OUR HOSPITALS and make you pay for Mr SPRINGBORG: I ask the Premier to health care. reaffirm the Government's commitment to . . . truth in political advertising. Further, I ask: how ONLY Wayne Goss and John does this position of the Government contrast Budd"— with actions taken by the ALP? do honourable members remember him— Mr BORBIDGE: In reply to the honourable member, I am pleased to take this "have a plan to REBUILD OUR opportunity to reaffirm the Government's HOSPITALS AND KEEP THEM FREE." support for changes to the law in respect of These were the tactics that the Labor truth in political advertising. I would just like to Party used during that election campaign. 4860 Questions Without Notice 4 Dec 1996

When confronted in the only debate that the until they were chased out of office. As the then Premier would have with me as Leader of the Opposition is on the issue of Opposition Leader, he committed the Labor political ethics, he might like to tell the Party to bipartisan support. members of this House what he is going to do What did they do after the election? They about the allegations of vote rigging in regard had their opportunity to follow through on that to preselections in his own party in Townsville. alleged bipartisan support for truth in political This is the man who talks about ethics and advertising given on election eve by the decency. Today's edition of the Townsville member for Logan. When the Opposition Bulletin states— developed a private member's Bill seeking to "ALP candidate for Thuringowa implement truth in political advertising, the Karen Ehrmann could be dumped by her then Attorney-General, the member for party faction for failing to support factional Yeronga, belatedly gave notice of a motion colleague Tony Mooney in his referring it to the Legal, Constitutional and preselection battle for the seat of Administrative Review Committee. When this Townsville." reference lapsed with the change in It gets more and more interesting! Government, I again asked the committee to reconsider this matter. "A highly placed, Brisbane-based We have a Labor Party that talks about Labor source"— ethics, talks about standards and talks about that is code for the Leader of the Opposition— Parliament that should be working better. "last night said moves were already under Then, on the eve of an election, members of way in Ms Ehrmann's Australian Workers' the Labor Party say that they support truth in Union faction to have her expelled from political advertising when they have been the faction. caught out telling deliberate porkies; then when they get the chance to do it, when we . . . have a report from the relevant committee of Former Townsville mayor Mr this Parliament so that we can finally address Reynolds defeated Mayor Mooney for the this issue, we find that Labor members of the State seat of Townsville while Townsville committee run the other way. city councillor Ms Ehrmann beat union The Leader of the Opposition and official Terry Gillman in Thuringowa. honourable members opposite are going to . . . have their chance because the Government will be giving priority consideration to the Most allegations centred on recommendation of the committee with a view Thuringowa, although it was clear to bringing to the Parliament next year yesterday they were spilling into legislation in respect of truth in political Townsville. advertising. The party that talks about . . . standards, the party that talks about ethics, the party that talks about political decency in Meanwhile, it could be a week before Mr Gillman decides whether to lodge a the last election campaign ran one of the most protest. dishonest political campaigns probably seen in a recent election in this State. On the eve of Mr Gillman said under party rules he that election it promised that it would give had seven days to decide if he would take bipartisan support to truth in political his evidence of irregularities in the local advertising. The Labor Party has dingoed out branch voting to Labor's head office. on the deal. Its members in the parliamentary Mr Gillman's supporters believe as committee have said, "No". This Government's many as 35 votes which went to Ms commitment to truth in political advertising Ehrmann should have been ruled invalid." remains very firm. So they are again at that proud old Labor Mr BEATTIE: I rise on a point of order. I tradition of branch stacking, of rigging challenge the Premier to make the legislation preselections, the proud old Labor tradition of retrospective to Mundingburra. deceit in political advertising. Those are the Mr SPEAKER: Order! There is no point sorts of tactics that they use during election of order. campaigns. They say that they will support Mr BORBIDGE: The irony is that the truth in political advertising. When they have Leader of the Opposition was a member in the their opportunity to do it, they dingo out and Cabinet that said it would bring in truth in run the other way because they are too busy political advertising and did not do so from July carrying on a factional brawl. 4 Dec 1996 Questions Without Notice 4861

I wonder what Mr Smith, the member for ministerial statement I complimented not only Townsville, thinks about this. I wonder what the staff of the 10 hospitals involved in that the member for Thuringowa thinks about this. I program but in particular the Townsville wonder what the member for Sandgate, who Hospital, which in July set record levels for has been overlooked again for the front bench elective surgery, and also the Princess in favour of the failed, recycled Attorney- Alexandra Hospital, which has made General from up the back of the Chamber, significant strides in the extra numbers of thinks about this. This is a faction-ridden Labor procedures that have been undertaken. Party full of political dishonesty and deceit. We often hear criticism from the To help out the Leader of the Opposition Opposition that we are reducing only the and in reply to the honourable member, I am percentage of people who are waiting more pleased to advise the House that this than the required time. I have told the House Government remains totally committed to truth again and again that the most important in political advertising. I would expect Cabinet aspect of waiting for elective surgery is the to discuss the majority report of the committee waiting, that is: how long will a person wait? If early in the new year. I would also expect that, a person needs urgent surgery within 30 days, next year, the Parliament would have the the important consideration is how long that opportunity to debate and enact appropriate person will wait and whether that person will legislation. receive the procedure within the required time. We have already reached target 1. Target Thiess Contractors 2, scheduled for the end of 1997, is to get the Mr MACKENROTH: I ask the Minister percentage of Category 2 patients down to no for Public Works and Housing: did Cabinet more than 5 per cent long waits. That is a agree with his submission to do a special deal very, very tough assignment. I compliment the for Thiess Contractors? What are the details of staff of Queensland Health, who have already that deal? achieved target 1 one month ahead of time. In the first three months of this financial year, Mr CONNOR: Mr Speaker, I ask your in those 10 hospitals we have undertaken consideration. I think that that matter is a 2,080 more elective surgery procedures than confidential one for Cabinet. in the first three months of the corresponding financial year under the Labor Government. Surgery on Time Program Not only are we reducing the time that people wait so that people have confidence again in Mr CARROLL: I ask the Minister for the public hospital system and in the elective Health: will he please compare the increase in surgery process but also we have done over numbers of elective surgery procedures 2,000 extra procedures in those 10 hospitals completed in Queensland public hospitals in the first three months of the year. The facts during the first three months of the coalition's speak the truth. I challenge the Opposition to Surgery on Time program with the number of stand up and have a go at us about the such procedures performed during the same Category 1 target, because it will not do that. period last year under the then Labor Government? All Labor did in 100 days was produce 30 pages of definitions. Queensland has gone Mr HORAN: This morning, I was very from a Labor Government that was all fairy proud to announce that the first target that the floss and public relations with a Health Minister coalition Government had set under our who waltzed around producing 25,000 copies Surgery on Time program has been achieved per week over four weeks of four separate one month before schedule, that is, on colour booklets—all wordage, verbiage and average, across the 10 major hospitals in fairy floss about what is the role of a surgeon Queensland, fewer than five per cent of and what is a hospital—to a coalition people are waiting more than 30 days for Government that stood up and stated our Category 1 surgery, which is the very important targets. Target 1 was Category 1 patients category of people who urgently need surgery needing surgery within 30 days, which was to within 30 days. This Government has delivered have no more than five per cent long waits. on the first part of its promise to fix up waiting That figure is down from 49 per cent. In only lists. We have attacked that in an organised, five months we have achieved that target one practical, strategic way. We have gone from month ahead of schedule. 49 per cent of Queenslanders who needed elective surgery under Category 1 waiting I do not think that there is a more more than the recommended 30 days down to dramatic example of how this Government is fewer than five per cent. This morning, in a about being practical about achieving than 4862 Questions Without Notice 4 Dec 1996 that wonderful achievement by the staff of Mr BORBIDGE: I think members of the Queensland Health. We have delivered and Government as well as members on the other shown to the people of Queensland what we side of the House have concerns about the can do compared with the absolute lack of direct air services between Queensland nothingness, wordage, public relations and and North America. Some time ago, the posters on the wall that were the efforts of the Government entered into discussions with a previous Labor Government. Once again, I number of airlines to see what could be done compliment the staff of Queensland Health, to rectify the situation and to secure direct including the administrators, medical staff, flights. I do not think it is in the interests of nursing profession, support staff and all of the Queenslanders going to North America or, for colleges of the various professions who came that matter, people from North America who together to make this a clinical program. They wish to visit, do business or holiday in are the ones who deserve the praise for what Queensland to have to continually run the they have achieved. The coalition Government gauntlet of the horror story that is Sydney is proud of its staff. Airport. We have been involved in ongoing discussions and in recent days there has been some movement from Qantas in this regard Newnham Road Child Care; Member with proposals that they will look at hubbing for Mansfield through Auckland on certain flights so that Mrs WOODGATE: In directing a people will be able to fly from Brisbane International Airport into Auckland and then on question to the Minister for Families, Youth to North America. While that is a small step in and Community Care, I refer to the member the right direction, it is still not good enough. for Mansfield, who serves on the ministerial We are keen to continue negotiations, parliamentary committee that advises the obviously with Qantas, with United, with Air Minister on community care matters such as New Zealand and with other groups to secure child care. I also refer to Australian Securities direct air services. Commission documents which reveal that Newnham Road Child Care at 89 Newnham I think it is significant that Brisbane Road, Mount Gravatt, is owned by the International Airport is now the second-busiest member's family company, Solgoben Pty Ltd, international airport after Sydney. It is busier and is administered by solicitors Bennett, than the Melbourne International Airport. In Carroll and Gibbons, the law firm in which the the first 12 months that the new international member is a partner and retains a one-third terminal was opened, it experienced financial interest. I table the documents. I ask: something like a 15 per cent growth in is it a fact that the Minister's departmental international flights. The growth rate has been records show the owners of Newnham Road very steady and very healthy. Child Care are F. and J. Carroll? Has the The Government is also keen to build on member for Mansfield disclosed his family the successful recent visit on holiday to this interests in Newnham Road Child Care to the State by President Clinton and Mrs Clinton. To Minister or to other members of his ministerial that end, the Minister for Tourism has been parliamentary committee? asked to report to Cabinet within a fortnight on Mr LINGARD: The member for additional tourism strategies for the North Kurwongbah and I have a very good American market. The Minister is progressing relationship, so much so that I have invited her that particular submission as a matter of to be on the selection panel for the Children's urgency. However, I was heartened by press Commissioner. I am sure that, with that liaison, reports this morning that indicate that "a new if she was decent enough to come to me and alliance between Air New Zealand and United ask for the details I would give her those Airlines could bring about the State details, as I most definitely will in the very near Government's sought-after Brisbane-Los future. Angeles direct air link a year sooner", according to a senior industry analyst. The Centre for Asia Pacific Aviation managing Direct Flights Between Queensland director, Peter Harbison, said he believed that and North America the Air New Zealand/United Airlines alliance could "bring forward the time when you get Mr HEGARTY: I ask the Premier: can direct services to the United States by about a he outline to the House the progress of the year". He added— Queensland Government's campaign to "With more co-operation between Air secure direct flights between Queensland and New Zealand and United, it probably North America? becomes more easily do-able to have a 4 Dec 1996 Questions Without Notice 4863

certain number of direct 747 Los Angeles- Consumer Affairs Safety Standards Brisbane connections. Mrs GAMIN: I ask the Attorney-General Where I thought probably we and Minister responsible for Consumer Affairs: wouldn't see a US carrier in that market what activities has the recently restructured probably for another couple of years, it and expanded Consumer Safety section of might bring it forward a year or so." the Office of Consumer Affairs been pursuing The discussions and negotiations that we in the interests of Queenslanders' safety? have had have obviously been having a Mr BEANLAND: I thank the honourable degree of success. Qantas, of course, is an member for Burleigh for that question in airline that owes its existence, its name and its relation to consumer issues. For quite some history to the State of Queensland. I would be time she has shown her great interest in this very keen for Qantas to be the first of the particular issue. Unlike the previous international airlines that have direct air Government, this Government is really services between Brisbane and Los Angeles. I concerned about the safety of all concede that Qantas has gone a little part of Queenslanders when it comes to consumer the way in respect of Brisbane-Auckland-Los affairs. When taking office, I found the neglect Angeles, but that still involves a changeover that had occurred under the previous from a 767 to a 747 and some delay at Government in relation to consumer safety Auckland Airport. In the near future, we will standards in this State. In fact, this continue discussions with Qantas to push this Government is very committed to the health, State's case for direct flights. I hope Qantas safety and wellbeing of all Queenslanders. will be the first. However, we are not confining our discussions to Qantas. Obviously we will It is quite clear that since taking office this be following this matter up with United, Air New Government has moved to ensure there is a Zealand and, for that matter, any other carriers consistency with the Commonwealth and other that may be interested. States, whereas before we lagged behind the other States and the Commonwealth. We have also taken action to ensure that Pecuniary Interests of Member for Queensland will not be seen as a dumping Mansfield ground for cheap goods, particularly as we Mr ELDER: In directing a question to move on to the Christmas period, a most the Treasurer, I refer to Australian Securities important period in the life of our children. It is Commission documents, which I will table for a time when the Consumer Affairs Office is her information, that reveal that the Liberal most vigilant and active in cracking down on Party Whip, the member for Mansfield, did not dangerous goods and ensuring that goods cease being a registered shareholder in that come into this State measure up to safety Solgoben Pty Ltd until 31 January 1996, and I standards. In recent times, rigorous testing ask: as Liberal Party Leader, can she explain has been undertaken in the testing of why the member knowingly failed to declare children's toys. They will continue to be tested. his shareholding in Solgoben Pty Ltd in a Officers of the Consumer Affairs Office will signed statement of members' pecuniary continue to go into the various retail outlets to interests he submitted to the Clerk of this check on goods on the shelves, and where Parliament on 5 October 1995? I further ask: suspect toys are found, the officers will take what action will she take as Liberal Party them and test them to ensure that they do Leader against her party Whip for clearly measure up to safety standards. However, I breaching section 18 of the guidelines for believe that is important not only at Christmas members' interests, which states— time but also throughout the rest of the year. "A member who knowingly gives to Not long ago, I indicated to this House the Registrar a statement of interests or that we had set up a consumer safety gives information to the Registrar or committee, a committee that was not in fact Select Committee that is false, incomplete active under the former Government. I believe or misleading in a material particular . . . is it is important when it comes to our children's guilty of a contempt of Parliament." lives that the Consumer Affairs Office is seen Mrs SHELDON: The honourable as a positive watchdog for all Queenslanders, member only assumes that this was knowingly not only at Christmas time but also throughout done. I personally have no knowledge of that the rest of the year, to protect our young situation. He is also assuming that any wrong people from some of the cheaper articles was done. I will look into that situation and get which can be deficient in so many ways and back to him. hazardous to them. 4864 Questions Without Notice 4 Dec 1996

Cockroaches at Princess Alexandra a member of this House. However, I can say Hospital to him that there was at least a $40m budget Mr LUCAS: In directing a question to overrun, unpaid accounts—over 30 days— the Minister for Health, I refer to the plight of from the previous financial year, and a my constituent Mr Mick Eustace of Wynnum financial system in absolute crisis. We have West who was admitted to the Princess gradually turned around that situation so that Alexandra Hospital's Ward M5 on 21 October by the beginning of this financial year we had this year. Mr Eustace was warned by other put in place a system whereby, despite the patients to watch out for cockroaches and massive demand created by an increasing complains he awoke one morning to find population and requests from people for more cockroaches crawling over his bed. I ask: what complicated procedures, we could cope with action is the Minister taking to rid the hospital that demand within a managed budget of cockroaches so that germs are not spread system. to patients recovering from surgical Firstly, this Government has brought procedures? financial accountability to Health. Secondly, it Mr HORAN: I thank the honourable put in place administration that got rid of the member for his question. I also note that the absolute mess that existed under the previous honourable member has just recently arrived Government. Recently, I received some in Parliament. Had he been here in the statistics relating to stress levels of the Public previous Parliament he would have noted that Service staff in Queensland Health. that was something I often brought up about Unfortunately, the member who asked the the Princess Alexandra Hospital, namely, the question was not a member at the time, but I number of cockroaches—— can say that those stress levels peaked in October during the 100 days of the previous Opposition members interjected. Health Minister, Mr Beattie. That was the time Mr HORAN: Wait on and I will tell you. during which the member was wandering Opposition members interjected. around with all those warm thoughts, saying, "Will we close down the regions or will we not Mr HORAN: I am getting to the audit. close down the regions? Are we going to get Opposition members interjected. rid of them because they are terrible, or do we Mr SPEAKER: Order! This is not a keep some?" Then he went to Cabinet for a State of Origin match. decision and got rolled. Mr HORAN: Had the member been a However, this Government has fixed that member of this place previously, he would terrible financial inheritance. The Government have known about the massive problem. Of all has also fixed the mess and chaos that was its the things that this Government inherited, I administrative inheritance. The waiting list had not mentioned cockroaches. I thank the problems have been fixed. member for reminding me. Finally, previously I was too kind to Mrs Edmond interjected. members and did not tell them about the cockroach problem that this Government Mr HORAN: Cockroaches breed. The inherited. We now have regular pest ones that the former Government left behind exterminations and we now have regular were very fertile. inspections. The honourable member should I have spoken extensively in this House take on board also that at the PA Hospital this before about the financial problems that this Government has already allocated some Government inherited from the previous $13m this financial year—and it is likely to be Government. Among them were budget more—to bring on the development of the problems of some $40m. new hospital. If the member had had a look Opposition members interjected. through the old PA Hospital, he would have seen that the columns through the centre of Mr SPEAKER: Order! The honourable that hospital with the internal parts where the member asked a serious question. We have pipes go and so forth were virtually rotten. This had enough frivolity. I call the Minister. Government has put in place the architects Mr HORAN: Thank you, Mr Speaker. I and the engineers. The geotechnical drilling am going through this Government's has commenced. Early next year, we inheritance. I will get to the cockroaches, commence the demolition of buildings to get because I had not mentioned them before. the footprint for the new building. We are When the coalition came to Government, it bringing ahead the refurbishment of the spinal faced massive financial problems. At the time, injuries ward and we are also bringing ahead the member who asked the question was not the refurbishment of the mental health ward. 4 Dec 1996 Questions Without Notice 4865

Everything is on track to fix not only the Mr COOPER: That is okay. The police general problems but also the problems at the are entitled to take the matter to that place. Princess Alexandra Hospital, which had a For the member's edification, I point out that massive budget overrun in the order of $40m 4,487 police officers receive the operational last financial year. Under the new shift allowance. It was introduced in May 1995 management system, that hospital is likely to by the member for Kedron, and we support it. run on budget this financial year. That will It was always intended that it be reviewed to mean one big thing: there will be even more see if it was working effectively and properly, money to spend on cockroach eradication. which is something that—— The cockroaches were left by the previous Mr Barton: Why are you cutting it out? Government when the hospital had a $40m budget overrun. It did not even have enough Mr COOPER: No, we are not cutting it money to eradicate the cockroaches. out. This Government has the budget under Mr Barton: I'll table the list tomorrow. control so it will gradually get the cockies under Mr COOPER: The member can table control. If the Opposition wishes, we can do an whatever he likes. The operational shift audit and say how many cockroaches there allowance will continue, but it has been were last year. reviewed. Any of those police officers who will I also take the interjection of the be taken off the operational shift allowance will spokesperson for Health. This morning, she still be eligible for weekend penalty rates, night made some mention about intensive care shifts and so on. beds. In the intensive care section there are Mr Barton: But they can't get overtime. 12 beds of which two are not ventilated. Some Mr COOPER: No, it will be dual cardiac care beds in the hospital are not fully purpose. Operational policing will not be utilised but they are ventilated. We have been affected. It is only responsible to review any able to shift patients to the underutilised system to make sure that it is working well and cardiac care beds so that the people in those working properly so that taxpayers get value beds needing intensive care can actually for money and so that police are out there ventilate, that is, receive some oxygen to keep doing what they need to do. That is what is them alive. So not only is this Government happening. It is being reviewed and being cleaning up the cockies but also it is giving streamlined. The Industrial Relations people some oxygen. Commission recognised the right of the Queensland Police Service to set those shift Police Numbers allowances and weekend penalties. However, the commission also said that consultations Mr GRICE: I refer the Minister for Police must continue, and they will. Quite obviously, to his efforts to fix the chronic breakdown in we want to see those operational shifts and law and order presided over by the grossly penalty rates continue so that we can be incompetent Labor Government in which the adequately policed. Operational policing will Leader of the Opposition played a silent and not be affected. implicit part, and I ask: while crime rates under Yesterday, I referred to the drop in police Labor were going up, what was happening to numbers during that period from 1993 to 1995 police numbers around the State? by 79. Over those three years—from 1993 to Mr Elder interjected. 1996—we had an increase of only 29, which is Mr SPEAKER: Order! I now warn the an utter disgrace. At that time, Queensland's member for Capalaba under Standing Order population was increasing dramatically and the 123A. crime rate was increasing dramatically. I will refer to a few of those areas that actually bore Mr COOPER: In answering the question the brunt of those effects. There were a lot of about the crime rate and police numbers, I will areas throughout the State that—— get to that in a minute. The member for Waterford raised the issue of operational shift Mr Barton: You're grasping, Russell. allowances which, of course, has an effect on Mr COOPER: Not at all. That is the crime. As the member may realise, that matter record of the previous Government and that is was dealt with yesterday in the Industrial the mess that this Government has to clean Relations Commission. up. By increasing police numbers, that is Mr Barton: We've just been talking; it's exactly what it is doing. not over yet. Mr Barton: You're really grasping. 4866 Questions Without Notice 4 Dec 1996

Mr COOPER: I will keep inviting the Flying Fox Lyssavirus member to police inductions. He will get sick of Mrs EDMOND: I ask the Health them because there are going to be so many. Minister: how does he justify his continued I think that they are great. That is going to lopsided response to the deadly flying fox virus happen all through next year. in which he is vaccinating all wildlife handlers I refer to police numbers. In 1993, Cairns who come into contact with flying foxes at a had 302 police officers. In 1996, back in your cost of $900 a treatment but all that he is time, those numbers had fallen to—— offering the thousands of Aboriginal and Torres Strait Islanders who regularly catch and Mr SPEAKER: Order! The Honourable eat flying foxes is a discussion with health Minister will refer to the member as "the officers about the dangers of eating flying member for Waterford". foxes? Mr COOPER: I should have said "the Mr HORAN: I thank the honourable member for Waterford". member for her question. The honourable member is well aware that part of the research An Opposition member interjected. that is currently being conducted by the Mr COOPER: I will be very nice to him! national and State task forces and the In Cairns, there was a drop of 8.28 per cent in Department of Primary Industries is police numbers while crime against the person determining what the particular danger is. increased by 20 per cent. In Gladstone, police Aboriginal and Torres Strait Islanders cook numbers actually fell by 5.75 per cent while flying foxes and the general opinion appears crime increased by 57 per cent. Only recently to be that that makes them safe. The public were we able to increase the number of police health units of Queensland Health are looking officers in Gladstone, and we will continue to into the issue as a matter of urgency. I assure do so. In Mackay, police numbers fell by 7.02 the member that the matter is being followed up. per cent while crime increased by 19 per cent. It is a top record over which the former Government presided! On the Sunshine Tourism Coast, police numbers fell by 7.9 per cent Mr WOOLMER: I refer the Minister for while crime went up by a whopping 59 per Tourism, Small Business and Industry to cent. That record is a shocker; it is absolutely recent headlines in the Australian Financial disgraceful! Toowoomba is getting closer to Review which indicated a resurgence in home: police numbers fell by 8.4 per cent confidence in tourism investment in while crime against the person increased by Queensland. I ask: would the Minister inform 17 per cent. On the Gold Coast, police the House of the development within the numbers fell by 11.6 per cent while crime tourism industry in our State? against the person increased by 8 per cent. In Mr DAVIDSON: I thank the member for Brisbane Central, the electorate of the Leader Springwood for his question. He is the of the Opposition, police numbers fell by 27.5 chairman of my backbench policy committee per cent while crime rose by 13 per cent. In and he has a real interest in tourism and small South Brisbane, police numbers fell by 16.7 business in Queensland. per cent and crime increased by 7 per cent. Before I reply to the honourable member That is the record that we are trying to for Springwood, I wish to mention a press deal with. That is why we have to increase release that the Leader of the Opposition police numbers and develop our law and order issued last week which has been brought to policy to crack down and get tough on crime, my attention. One of my mates who works for which is exactly what we are doing. We will a regional newspaper sent a copy of the press continue to do it until we drive the Opposition release to my office. This morning, the Premier mad, because we are going to clean up its made some statements in the House about mess. We will show up the very poor record truth in political advertising. I suggest to the that the former Government left. It is an Premier that we also look at a requirement for absolutely disgraceful record and the people members of the Opposition to put truth in their opposite know it. They also know that police press releases. numbers will be increased to enable us to get Following last week's debate in the House on top of crime. That is the sort of thing that on the abolition of the Queensland Small has them worried. As far as cleaning up their Business Corporation, the Leader of the mess is concerned, we are happy to oblige. Opposition has selectively taken information 4 Dec 1996 Questions Without Notice 4867 from statements I made during that debate. concise and relevant and that the Minister His press release states— should not debate the issue. I ask: do answers "Mr Beattie said Small Business no longer have to be relevant? Minister Bruce Davidson admitted in Mr SPEAKER: I recall that when the Parliament last night that many of the 35 member who just rose was Speaker, he ruled positions he abolished are advisers"— that a Minister can answer a question however meaning business advisers— he likes. The Minister is on his feet. I rule the member's point of order out of order. "located in regional offices around the State." Mr DAVIDSON: I inform the House that such is the concern of the two members who He then issued an attachment to the press raised those points of order that I have never release listing the number of QSBC offices had one letter or one representation from which have had a reduction in administrative either of them on behalf of the business staff. This is the sort of deceit that the Leader community or the tourism industry in this of the Opposition has been continually State. That is unbelievable. peddling around Queensland and thereby confusing Queenslanders about what is really Just to set the record straight in response going on at a time when the Government, my to the Leader of the Opposition's misleading department and I are totally committed to press release to the business community in ensuring that small businesses are provided this State—we have increased the number of with the programs that they need to enhance small-business advisers. We have appointed their endeavours. The Leader of the five small-business advisers to electorates in Opposition has issued a list of QSBC offices regional offices in Queensland that never had which will have a reduction in staff, but he has them before. not included in the attachment a list of offices Everyone in the House knows how excited where we have actually increased staff. I am about the developments in the tourism I inform the House that four of the five industry in the 10 months that we have been offices that will receive additional staff are in in Government. The CEO of the QTTC, Labor electorates and the fifth is in that of the Stephen Greg, has absolutely fantastic Independent member for Gladstone. The support throughout the State. Alex De Waal Independent member was the only person started on Monday as the Director of who actually recognised the fact that we had Marketing of the QTTC. appointed a business adviser to her Mr SPEAKER: Order! The Minister will electorate, and I thank her for that. The conclude his answer. Leader of the Opposition's attachment relating to a reduction in QSBC staff fails to recognise Mr DAVIDSON: John Angels has been that the Government has also appointed appointed the Sales Manager of Sunlover. small-business advisers to offices in Ipswich, The Premier officiated at the opening of Maryborough, Bundaberg and Mount Isa. the Watermark Hotel on the Gold Coast on Those are all Labor electorates in which small- Friday night. Mr Sawada and a group of his business advisers had never before been associates from Japan attended. I know from appointed. the time that I spent at the Watermark Hotel Mr HAMILL: I rise to a point of order. that the air of confidence among leading The Minister has been on his feet now for at people within the tourism industry on the Gold least two minutes, and maybe three, speaking Coast is absolutely fantastic. We are looking on a subject which bears no relationship forward to 1997 with confidence and a vigour whatsoever to the question asked about from the QTTC that it has never seen before. I tourism. He is speaking to a press release am sure that the tourism industry in issued last week by the Leader of the Queensland is on track. Opposition about small business. Mr DAVIDSON: It is so unfortunate that Mr P. Connolly the member for Ipswich does not appreciate Mr WELLS: In directing a question that small businesses benefit enormously from which relates to barrister Peter Connolly, QC, the tourism industry and that many small and his client, the Minister for Police, I refer businesses in this State are involved in the the Minister to his answer to question on tourism industry. notice No. 1138, in which he confirms that he Mr FOURAS: I rise to a point of order. In paid Peter Connolly, QC, in full for his legal relation to the answering of questions, the opinion supporting him before the Carruthers Standing Orders state that answers should be inquiry. As the Minister also confirms that he 4868 Questions Without Notice 4 Dec 1996 may claim full reimbursement for those fees Commonwealth funding, it was necessary to from the Government, I ask: does he accept have savings across all portfolios, and The that to have Mr Connolly's legal fees Arts was treated no differently. underwritten by the National Party Cabinet further erodes the independence of Mr Mr Fouras: What about the tollway? Connolly and his inquiry; and why should Mrs SHELDON: This Government taxpayers also foot the bill for his personal delivers on its promises. We promised that we legal fees to someone his Cabinet appointed would lift the toll; members opposite never did. specifically in the hope that his activities would Labor is regarded as blacker than black on the save the Minister from the Carruthers inquiry? Sunshine Coast, and it will stay that way. Mr COOPER: The tone of the member's I have had discussions with the question is a disgrace. That the member is Queensland Library Board. It wished to have trying to bring people into disrepute is typical of him. I do not think that anyone is surprised adequate computer access for all regional that the member would raise a matter such as libraries—something that Mr Foley promised this one. The question that the member asked when he was Arts Minister but never delivered. me on notice has been duly and properly The mainframe for the computers in that answered. As to my legal fees—that matter library is so old that it does not work properly. has not been decided. There is no interconnection into the library databases. Fixing this problem was a high priority for the libraries. Queensland Place I assume that at some stage the former Mr HARPER: I direct a question to the Minister listened to the Queensland Library Minister for Public Works and Housing. Today, Board and the State Librarian. This issue was the Opposition asked a question about of major concern to them, and money was Queensland Place. I ask: could the Minister given to them to buy the mainframe and set please advise the House in relation to any up the software. That was done at a cost of proposal received from Thiess regarding the $2m. This Government has also increased development of Queensland Place? funding to RADF right across-the-board. The Mr CONNOR: The Queensland former Minister spread the misconception Government did receive a proposal from around Queensland that RADF was going to Thiess regarding Queensland Place. It was not be cut. Through his disgraceful a recommendation to Cabinet. Cabinet misrepresentation, he created a lot of rejected it and Cabinet is still deciding the unnecessary concerns for councils. The former future of Queensland Place. Minister made a lot of community grants. Mr Borbidge: The member for Yeronga Public Library Funding Cuts has obviously got libraries in the reshuffle and the member for Murrumba is the new Mr FOLEY: In directing a question to the Treasurer and Minister for The Arts, I refer Attorney-General. to concern expressed by the Local Mrs SHELDON: I do hope that the new Government Association in a recent news member of the front bench, Mr Wells, is a little release, which I table, over her Government's better briefed on this topic than is the member funding cut to public libraries of $279,000 net, for Yeronga, because he should have spoken or $1m in real per capita terms. I refer also to to the library and the Library Board. We have the pre-election promise of the Minister for The a full commitment to funding regional libraries. Arts of an extra $5m for regional libraries, as They are of great value to the community. The set out in her media release of 24 June 1995, commitment made in our policy will be which I also table, and I ask: firstly, will the given—— Minister now apologise to rural and regional Queenslanders over her blatant broken Mr Foley interjected. promise which further disadvantages them? Mrs SHELDON: We have brought the Secondly, how can her Government be Budget back to balance. There is a surplus, serious about literacy problems when it cuts not the deficit left by the former Government. back funds for libraries throughout If the Government had not left us that deficit, Queensland to purchase books? we could have given millions of dollars more to Mrs SHELDON: In order for the libraries across the State. It was due to the coalition Government to address the $500m former Government's negligence in economic underlying deficit left to the State by the management and the fact that the Leader of previous Labor Government and cuts to the Opposition blew out his Health budget to 4 Dec 1996 Questions Without Notice 4869

$75m that we could not give as much money Mr V. Conte to people across this State as we wanted. Ms SPENCE: I direct a question to the However, we are delivering on our election Attorney-General. The Minister would be promises, and we will continue to do so. aware that earlier this year a Queensland court Mr Schwarten interjected. found that former Fitzgerald organised crime Mr SPEAKER: Order! I warn the boss Vittorio Conte was not fit to hold a car member for Rockhampton under Standing dealer's licence in this State, and I ask: why Order 123A. has the Minister failed to take action to stop the same Vittorio Conte from operating a used car yard at Darra Hill Motors, 2820 Logan Dumping of Broken Bitumen, Logan Road? River Area Mr BEANLAND: I am not aware of the Ms WARWICK: I ask the Minister for details of the matter to which the member the Environment: what action has he taken refers, but I am very happy to get the details since learning last Sunday of road material and make them available to her. being dumped near the banks of the Logan River in the Gold Coast area? Is it correct that the material included broken bitumen? Land Court Mr BAUMANN: I refer the Minister for Mr LITTLEPROUD: Again, it would Natural Resources to the recently announced appear that some people have been very irresponsible and have breached the changes in the administration of the Land Environmental Protection Act. In recent Court, and I ask: can the Minister advise the months, the department has gone all out to House of the number of decisions which are reserved or waiting to be delivered by lay charges against various people who have members of the Land Court as at 31 October been in breach of the Environmental 1996 and the period of time for which each Protection Act. Recently, in the Daintree in far- such decision has been outstanding, that is, north Queensland, 30 cubic metres of sewage the date which the member of the Land Court was placed on private property. completed the hearing of the case and In addition, at Ernest on the Gold Coast, reserved his decision? Can the Minister also toxic waste was illegally placed on a leased elaborate on the changes occurring in the property. The latest incident came to my Land Court? attention on Sunday evening, after I arrived in Mr HOBBS: I thank the honourable Brisbane. On Monday morning, I instructed member for his question. I just happen to departmental officers to investigate it. I have have some details at hand on the matter that been advised that, yes, an arrangement was the member referred to. It is a very important made between contractors tied up in building issue. The previous Labor Government ran the Gold Coast highway with a local property down the Land Court. It reached the point at owner to have some clean fill placed on that which there was a record backlog and we were property near the river. It would appear that just not getting through the cases at all. As at the people who entered into that agreement 31 October 1996, the caseload in the Land did not carry it out, because we now know, as Court stood at a total of 1,021 outstanding the member indicated in her question, that matters. Of these cases, 57 have been heard some of the material put onto that property as and are awaiting a decision by the members fill included broken bitumen, some of which of the court. A breakdown indicating the has gone into the Logan River. I would think number of matters disposed of and the length that that constitutes a breach of the of time that decisions have been outstanding Environmental Protection Act. is as follows: in May 1996, the number of We have had discussions with the people cases disposed of was 80 and the number of involved—the subcontractors and a sub- cases awaiting decision was 6; in June 1996, subcontractor. The department is carrying out the number of cases disposed of was 59 and investigations as to whether it will lay charges. the number of cases awaiting decision was 8; I view that as a very serious breach. I wish to in July, the figures were 37 disposed of and 5 send a message to the people of Queensland awaiting decision; in August, the figures were that, although the vast majority of people in 35 and 11 awaiting decision; in September industry are complying with the Environmental 1996, the figures were 45 and 7 awaiting Protection Act, those who flout it will be decision; and in October 1996, the figures pursued. were 145 and 17 awaiting decision. 4870 Criminal Law Amendment Bill 4 Dec 1996

Mr SPEAKER: Order! The time for An advisory working group, whose questions has expired. membership consisted of lawyers with a wealth of experience in the criminal law, was set up in May 1996 to consider changes to the Griffith MINISTERIAL STATEMENT Code. With an enviable degree of expedition Solgoben Pty Ltd that working group produced, by the end of July, a set of recommended amendments Hon. J. M. SHELDON (Caloundra— which went to interested parties including Deputy Premier, Treasurer and Minister for professional bodies, the judiciary, community The Arts) (11.31 a.m.), by leave: Further to the groups and to the general public. Over 120 question raised by the Deputy Leader of the submissions were received by the end of the Opposition, I am advised by the member for consultation period. Since then I have Mansfield that Solgoben Pty Ltd, as trustee for personally assessed every proposal in the light the Carroll Family Discretionary Trust, is a part- of those submissions and come to a owner of the Newnham Road child-care centre determination which in my view offers the best and that the member was a director and solution to a range of difficult, complex and shareholder but resigned prior to signing the sensitive issues relating to the content of the pecuniary interest declaration and had also criminal law. I will now describe the more transferred his shareholding by the same time. important of these. Clause 9 will insert a new section 10A in CRIMINAL LAW AMENDMENT BILL Chapter 2 of the Criminal Code to return the Hon. D. E. BEANLAND (Indooroopilly— law about the interpretation of the party Attorney-General and Minister for Justice) provisions to the way it was in the case of The (11.32 a.m.), by leave, without notice: I Queen v. Jervis. Since Jervis, the Court of move— Appeal has held that a person charged as a party or accessory to an offence under section "That leave be granted to bring in a 7, or as a party to a common intention to Bill for an Act to amend the criminal law." prosecute an unlawful purpose under section Motion agreed to. 8, can only be convicted of the same offence as the principal offender or other party to the common intent, or nothing. It is intended that First Reading by this amendment the party can be convicted Bill and Explanatory Notes presented and of any other offence proved by the evidence Bill, on motion of Mr Beanland, read a first against that party, which offence was a time. probable consequence of carrying out a common unlawful purpose, whether charged under section 7 or 8. Jervis was in our view Second Reading rightly convicted of manslaughter for her part Hon. D. E. BEANLAND (Indooroopilly— in the circumstances which led to the killing Attorney-General and Minister for Justice) while others were convicted of murder for their (11.32 a.m.): I move— part. The way sections 7 and 8 have been interpreted by the Court of Appeal since Jervis, "That the Bill be now read a second the consequences of applying either section time." may be either too harsh, as the President of This Bill implements the coalition's the Court of Appeal observed in the case of undertaking that, on coming to office, it would Wood, or too lenient. The amendment will repeal the much-criticised Labor Government's ensure that all facts relevant to a party's role 1995 Criminal Code and, instead, implement a and intention in the commission of an offence, package of legislation containing a set of if relevant and admissible, will be taken into comprehensive amendments to the Griffith account by the jury. Code to update it in a way commensurate with Clause 10 will amend section 23, which the needs and expectations of contemporary provides the defence of accident, to overrule society. Honourable members will appreciate the decision of the High Court in Van Den that, because society is changing rapidly, the Bemd v. The Queen to the extent that where need to oversight legislation, particularly a person causes death or grievous bodily legislation intimately linked with personal harm to another then the offender must "take behaviour and conduct, is a continuing duty of the victim as he or she finds him or her" if the Government. What we have done has been victim is later shown to have had some defect, well documented and received favourably by weakness or abnormality such as an eggshell the community. skull. 4 Dec 1996 Criminal Law Amendment Bill 4871

Clause 11 will amend section 28 which perjury and like offences. Nothing will affect the provides the defence of intoxication to ability of a trial judge to otherwise comment overcome an anomaly identified by the about the evidence as is appropriate in the advisory working group as created by the interests of justice in any given case. decision of the Court of Appeal in The Queen Clause 21 will replace section 208 with v. Bromage so that if in future a person "sodomy" and will not only protect children but becomes intentionally intoxicated and commits also intellectually impaired persons so that the a criminal offence then he or she will not be penalty will be the same whether the victim is a excused from criminal responsibility if he or child or an intellectually impaired person. she has also consumed some other toxic Clause 32 will replace section 222 (incest agent and the substances act in combination by a man) and section 223 (incest by adult on the person's mind. Intoxication is not an female) with one offence of incest to ensure appropriate defence to raise in such that the law clearly proscribes sexual circumstances where the consequences of the intercourse and sodomy between people who are related as a parent, offspring or other lineal defence of insanity are brought into play and descendant or siblings by consanguinity, other defences may be open on the facts. The marriage, defacto cohabitation and all legal Bill will also address the like-natured relationships including step, foster and amendment of the Mental Health Act as adoptive relations. It will extend the law to recommended by the advisory working group. cover grandparents, uncles and aunts, nephews There are some 32 pages to the second- and nieces. The penalty will be the same whether the offence is committed by a male or a reading speech. I am happy to read out all of female, whereas at present it is life for a male those or, if the Parliament is willing, I would be offender and 3 years' imprisonment for a female happy to incorporate the remainder of the offender. speech in Hansard. I am open to the House. Clause 61 amends section 347 so that the Leave granted. offence of rape will encompass not only non- Clauses 17, 20 and 92 will insert new consensual vaginal intercourse but also non- sections 123A, 195A and 501A for perjury and consensual sodomy, and will protect both male like offences. These new provisions will ensure and female victims. that when an offender has made two conflicting Since the advisory working group made statements, each under oath or affirmation, and its recommendations, a number of submissions one of the statements must be a lie but a jury is have been considered from interested parties, unable to say which is the lie, the jury can still such as the Office of Women's Affairs, convict. For example, in a recent case of S, his concerned with anomalies between the defacto wife, O, was called to give evidence penalties in some existing sections. An against him in reliance on her written statement exhaustive review of the maximum penalties for given under oath to police and oral evidence all sex offences has been undertaken revealing given on oath at S's committal before the a number of serious anomalies, in urgent need magistrate. At the trial, O became hostile and repair, between the penalties. A few examples said under oath that she had made up will quickly illustrate the issues. allegations that he sexually abused her children compare unlawful carnal knowledge of a and S was acquitted. O, to whom the taking of 12 or 13 year old girl (5 year maximum— an oath obviously meant nothing, later admitted s. 215) and the sodomy of the same girl or that she had lied at S's trial and was charged a boy of similar age (14 year maximum— with perjury. These amendments would mean s. 208). that a jury in a similar case could still convict for perjury if unable to say which of the statements compare indecent assault of an adult given under oath was the lie when obviously (maximum 7 years—s. 337) with indecent one of them was a lie. dealing of a 12 or 13 year old child A number of clauses will reform the laws (maximum 5 years—s. 210); which begs relating to various sex offences. Clause 113 will the question (asked by a number of replace section 632 "accomplices" with a new people in the responses to the section titled "corroboration". This new consultation process): are our children provision and the repeal of parts of many other less important or worth less? sections will do away with the present compare the penalties for incest (maximum requirement that a trial judge must warn a jury of life—by a man in s. 222, maximum 3 the dangers of convicting on the years—by a woman in section 223) an uncorroborated evidence of one witness. offence which exists not only to protect Judges will no longer be allowed to tell juries against pregnancy and deformity but also that the law regards any particular class of to protect the fabric of family structures complainant (such as women or children or and, perhaps more importantly, to protect complainants in sex cases) as unreliable the weak against the dominant sexual witnesses. The requirement of corroboration predator, person in authority, or care will be retained for offences such as sedition, giver. 4872 Criminal Law Amendment Bill 4 Dec 1996

compare also indecent dealings with offender uses or threatens to use actual intellectually impaired persons (maximum violence, or is or pretends to be armed with a 3 years—s 218) with indecent dealing with dangerous or offensive weapon or instrument a child under 16 (maximum 5 or noxious substance, or is in company with years—s.210). one or more other person or persons, or The amendments will generally increase the damages or threatens or attempts to damage maximum sentences for most sex offences, any property, the offender will be liable to remove all anomalies and truly reflect the level imprisonment for life. of criminality which would exist in a worst-case Clause 47 will amend section 313 "killing scenario to which the proposed maximum unborn child" by adding a provision to the would apply. effect that any person who, when a woman is pregnant with a child capable of being born It is also the Government's view that alive, unlawfully assaults the woman and sentences being imposed and upheld by our thereby destroys the life of, does grievous courts for sex offences in general, and bodily harm to, or transmits a serious disease especially those related to offences against to, the child before its birth, will be guilty of a children are out of proportion to the criminality crime and liable to imprisonment for life. For the involved and out of proportion to the purposes of this new subsection, evidence that sentences in other cases such as offences of demonstrates, on the balance of probabilities, dishonesty. This Bill sends a clear message to that a woman had at any material time been the judiciary that existing lenient sentencing pregnant for a period of 24 weeks or more shall practices in these areas will need to be re- be prima facie proof that the child with which examined. It also sends a warning to would-be she was at that time pregnant was then a child adult sex offenders not to expect sympathy. Of capable of being born alive, so that, it will course, nothing being said here is intended to therefore be possible as science and diminish the courts' independence and technology advance to prove viability at less discretion to impose lenient sentences where than 24 weeks. This amendment is in accord they are called for by the facts of a particular with a recommendation by the advisory working case. The Government is maintaining the full group and is an appropriate response to the range of sentencing options. recent case in which a young pregnant woman An amendment to section 6 of the Criminal was kicked in the abdomen, so that in future an Code Act 1899 (clause 4) will directly reflect appropriate charge is available to be laid by the the coalition policy which calls for an police and by the Director of Public amendment "to prohibit civil actions by criminals Prosecutions. who have suffered personal injuries where they Clause 51 will insert a new section 320A have suffered those injuries during illegal titled "torture". As the facts in the recent trial of activities". Section 6 will now provide that if a The Queen v. David Keith Griffin revealed, person has been found guilty, whether or a not there is no adequate offence in Queensland of a conviction has been recorded, of an deliberately inflicting severe pain and suffering. indictable offence and that person suffered loss Griffin was convicted of one count of common or injury in or in connection with the assault. Griffin used a machine capable of commission of the offence, that person shall producing 600 volts to administer electrical have no right of action against another person shocks to the toes and legs of his defacto in respect of the loss or injury. wife's 5 year old son. One would imagine this Further, section 267 of the Criminal Code would inflict severe pain and terror. The trial will be amended by clause 36 to make it clear judge, Healy DCJ, commented that he would that it is lawful for any person who is in have preferred to impose a sentence in the peaceable possession of a dwelling and for any order of 2 to 3 years' imprisonment but because person lawfully assisting or acting by the the maximum for common assault was only 12 authority of that person to use force in order to months that is what he would impose. This Bill prevent or repel another person from unlawfully will increase the maximum penalty for common entering or remaining in the dwelling, if the assault under section 335 from 12 months' to 3 person using the force believes on reasonable years' imprisonment. The charge of assault grounds that it is necessary to use such force, occasioning bodily harm was not laid because and that the other person is attempting to enter there must be a bodily injury as well as pain or or to remain in the dwelling with intent to discomfort. commit an indictable offence therein. There are no other offences in the Finally, section 419 "burglary" will be Criminal Code which deal with this form of replaced by clause 72 so that any person who torture unless the injury amounts to bodily enters or is in the dwelling of another with harm, wounding or grievous bodily harm. The intent to commit an indictable offence therein offences of kidnapping, deprivation of liberty, will be guilty of a crime and liable to threats, desertion of children, endangering life imprisonment for 14 years. If the person of child by exposure and other offences have commits an indictable offence in the dwelling or been considered but none of them cover the enters the dwelling by means of any break or if situation. In this case the boy did actually have the offence is committed in the night, or if the severe pain and suffering inflicted. Severe pain 4 Dec 1996 Criminal Law Amendment Bill 4873

or suffering or something similar is not an Generally, for the offence of stealing without element of any of those offences. This Bill will circumstances of aggravation the maximum therefore introduce the new offence of penalty will be increased from 3 to 5 years' torture—defined to be "the intentional infliction imprisonment and for the offence of stealing of pain or suffering on a person by an act or with circumstances of aggravation the maximum series of acts done on 1 or more than 1 penalty will be increased from 7 to 10 years' occasion". imprisonment. This clause also introduces 3 During the consultation period, the new circumstances of aggravation. These are Director of Public Prosecutions alerted the "stealing by looting" and "stealing firearms or Government to the fact that no law in ammunition" for which the maximum penalty will Queensland adequately copes with the socially be 10 years' imprisonment and "stealing firearms harmful and disruptive mischief of making bomb for use in another indictable offence" for which hoaxes. Clause 53 will insert the new offence of the maximum penalty will be 14 years' "bomb hoax" which will attract a maximum imprisonment. The heading in section 408C was penalty of 7 years' imprisonment. Clause 55 will always a misnomer because appropriation (a amend section 328A which is currently headed dealing inconsistent with or usurping the rights "dangerous driving of a motor vehicle", and will of the owner of property) was never an element achieve a number of important reforms. The of the offence which requires the dishonest aggravating circumstances of causing death or application of property. It is also different to grievous bodily harm will be classified as crimes stealing which requires a taking or conversion instead of mere misdemeanours; and a fraudulent intent, usually an intent to permanently deprive the owner of his or her ¥ as well as conventional motor vehicles the property. Therefore it is appropriate to retain term "vehicle" will encompass aircraft, the distinction between stealing and the vessel, train and other vehicles; offence in section 408C, as opposed to fully ¥ use of the term "operate" is wider than adopting the recommendation of the advisory "drive" and would include to drive, handle, working group to substitute "appropriation" for run, use, conduct or work; "application", because there would have been no difference between the two offences. ¥ the offence will also encompass a person who interferes with the operation of a It is also appropriate to adopt the vehicle in a dangerous manner such as remainder of the advisory working group pulling on the steering or pulling on a recommendation by adding further paragraphs handbrake, for example, while another to the section such as dishonestly gaining a person is driving; and benefit or causing a detriment, and to repeal the antiquated offence of obtaining property by ¥ the offence will no longer be restricted to false pretences or wilfully false promises. These public places and it will catch those who new offences will all simply be called "fraud", a endanger the lives and well being of concept which the public and jurors will members of the public in places such as understand and be familiar with. school grounds and on private premises, unless it is a place being used to race or One further paragraph has been added to test vehicles and from which other traffic those recommended by the advisory working is excluded at the time. group to cover making off without paying for goods or services to cover the loophole in the Section 364 "desertion of children", which current law created by the legal concept that carries a penalty of only 12 months' property passes at the time of delivery, for imprisonment, will be replaced in clause 63 by a example by filling a petrol tank at the bowser or new section 364 titled "cruelty to children under eating at a restaurant. That sort of behaviour, if 16" which will attract a 5 year penalty. The carried out dishonestly, should not leave the existing provision which deals only with the proprietor with no other remedy than to pursue desertion of children has become outdated. the wrongdoer for a civil debt. The new provision goes further and shows the A new offence of "computer hacking and Government's commitment to our youth. Any misuse" will be created in a new section 408D, person having the lawful care or charge of a which will firstly create a simple offence of child under the age of 16 years, who causes gaining unauthorised access to a restricted unnecessary suffering to the child by failing to computer with a maximum penalty before a provide, or failing to take all lawful steps to magistrate of 2 years' imprisonment. If the obtain, adequate food, clothing, medical person causes or intends to cause loss or treatment, accommodation or care or by damage, or gains or intends to obtain a benefit deserting the child and leaving the child without for any person, the person will commit a crime means of support will be guilty of a crime. and be liable to imprisonment for 5 years. In clause 65 the penalties for stealing with Similarly, if the person causes loss or damage and without circumstances of aggravation are or obtains a benefit for any person to the value made consistent with the penalties for similar of more than $5,000, or intends to commit an offences in the present misappropriation indictable offence, the person commits a crime section (section 408C) and the new and is liable to imprisonment for 10 years. The replacement of section 408C titled "fraud". section will also catch those persons who 4874 Criminal Law Amendment Bill 4 Dec 1996

install, or cause to be installed, computer imprisonment, to order the offender to perform viruses. community service work which may include The amendment to the offence of removing graffiti from property, and to pay receiving stolen property will overcome the compensation to any person. difficulty of proving that a person had ¥ educational institutions: if the property in knowledge, at the time of receipt, that the question is any part of a school, education property was stolen, and it will now suffice if centre, college, university, or other the person had "reason to believe" that it was educational institution, the offender will be stolen. guilty of a crime and liable to imprisonment Sections 441 and 488 will be updated in for 7 years. accordance with the advisory working group Again, the court will be empowered, instead of recommendation to conform with the or in addition to imposing any penalty of modernisation of these offences in the Western imprisonment, to order the offender to perform Australian Criminal Code. community service work which may include In 1931 the existing "secret commission" cleaning and/or repairing any damaged property provisions (sections 442B to 442I) were that is part of an educational institution, and to introduced by the then Attorney-General, the pay compensation to any person. Honourable Mr Neil Francis Macgroarty. It was There will be a new chapter 58A for the done in response to an agreement reached at a summary determination of indictable offences. Premiers Conference in 1918 which in turn had Some 20 sections scattered all over the Code been arranged due to the results of a royal will be repealed to make room for this new short commission in 1905 into the dairy industry in chapter. It will consolidate the law relating to Victoria, which found that corruption was rife. the summary determination of indictable Queensland was the last State to comply with offences. Magistrates, practitioners and others the Premiers' agreement. The penalty was then will be able to quickly and easily find and set at £1000 and still remains at the equivalent understand all provisions in the Code on this of £1000, that is $2000. The offences are subject. The types or categories of offences summary offences which a magistrate may which may or must be dealt with by a magistrate elevate to an indictable offence and commit for will generally remain the same as in the current trial if he or she sees fit. The amendments will Code. The maximum penalty which a magistrate bring these sections into line with other States can impose will rise from 2 to 3 years' and make the offences crimes, carrying a imprisonment, but if a lower maximum penalty is maximum penalty of 7 years for an individual or prescribed for the indictable offence then the 3400 penalty units for a corporation. These lower penalty will still apply. amendments will again show the coalition Government taking the initiative to stamp out Defendants will retain the right of election corruption and to see that it is adequately which they currently have to ask for trial by jury. punished when detected. It should be noted However, as is presently the case, a magistrate that the sections also specifically apply to will have to abstain from dealing summarily with corporations, Ministers of the Crown and local any indictable offence if he or she is of the government members to name a few, further opinion that the defendant cannot be showing the Government's commitment to adequately punished and the person may then honesty in government. be committed for trial. The amendments will also reform the appeal aspects of summary Section 469 "wilful damage" will be determination. Both the defendant (in relation to amended by clause 87 to remove the distinction conviction or sentence) and the Attorney- between offences occurring in the day time (2 General (in relation to sentence only) will be years' imprisonment) and in the night time (3 able to appeal on the ground that the magistrate years' imprisonment) so that all offences will erred in proceeding to determine a matter attract a maximum of 5 years' imprisonment. summarily. If such a ground of appeal is raised, Further, there will be inserted two new the Court of Appeal will have jurisdiction to circumstances of aggravation: impose any sentence it sees fit, up to the ¥ graffiti: if the property in question is in a maximum which would have applied had the public place, or is visible from a public matter been dealt with on indictment. place, and the destruction or damage is There are a number of mechanical and caused by the wilful and unlawful procedural reforms also worthy of special spraying, writing, drawing, marking or mention. other application of paint or other marking substance, or scratching or etching the ¥ clause 100 will amend section 568 "joinder offender will be guilty of a crime and liable of several charges into one". to imprisonment for 5 years or, if the These amendments will reform the provisions offence involves obscene or indecent which already allow the joining of several representations, to imprisonment for 7 charges into one, so that where a person years. maintains a system or criminal enterprise over a The court will be empowered, instead of or in course of time or offends against a number of addition to imposing any penalty of different people's property the court and jury 4 Dec 1996 Criminal Law Amendment Bill 4875

will not be overburdened with a plethora of longer be necessary to bring back a jury counts on an indictment. which has been sent away during legal ¥ clause 102 will amend section 572 argument when an accused wishes to "amendment of indictments". change his or her plea to guilty during a trial. This amendment will remove the problem encountered in a trial against Brian Maher ¥ clause 118 will insert new sections 651 wherein he was placed in the charge of the jury, and 652 so that the Supreme Court and further counts were added later to the District Court may determine summary indictment but he was not rearraigned and put offences. into the charge of the jury on the additional To save court time and costs to defendants and counts. Provided it will not cause any injustice, to the criminal justice system, a system has the court may allow counts to be added at any been devised to enable summary matters to be time in the trial. removed out of the Magistrates Court into the ¥ clause 105 will replace section 590 with a superior courts when an accused intends to section headed "bringing accused to trial". plead guilty to those offences when being dealt Reform is needed of the system which currently with for other offences in those courts. At requires the DPP to present an indictment present the accused, and probably counsel, against a person by the end of the sittings to would have to return to a Magistrates Court on which the person is committed by a magistrate a further remand date. There are other logistical who has no control of the sittings in the problems for the lawyers if the client is superior courts. The indictment must be incarcerated by the superior court and there are presented even if preparation is incomplete or still matters outstanding before the Magistrates the defendant will be entitled to be discharged. Court, and often the courts may be in two The reform will allow the DPP 6 months after different places. committal within which to present the Clause 119 will amend section 669A indictment or apply for an extension of time. "appeals by the Attorney-General". In a recent ¥ clause 107 will insert a new section 590B case a man was before the District Court "advance notice of expert evidence". charged with dangerous driving causing death (he drove over a woman laying on a beach As in the Court of Appeal decision in de Voss, towel) with a circumstance of aggravation (he it is thought to be desirable to the fair and was allegedly affected by alcohol). The judge efficient conduct of criminal proceedings that ruled medical evidence about the rate of there be advance notice of expert evidence by elimination of alcohol to be inadmissible and the disclosure of reports on either side. This full man then pleaded guilty to the "lesser" charge disclosure can only be of benefit to a jury without the circumstance of aggravation and whose only purpose is to try to find the truth. was sentenced accordingly. At present the This will be made possible by the proper Attorney-General has no power to refer the testing of experts by informed cross point of law that arose while the more serious examination and, if necessary, by opposing charge was being determined. This amendment expert opinion evidence. will allow such a reference in future, without ¥ clause 108 will insert a new section 592A affecting the outcome of the case, so that "pre-trial directions and rulings". wrong interpretations of the law do not become Once an indictment is presented and the court of general application. is seized of jurisdiction, the parties or a judge One further amendment will allow the will be able to arrange for pretrial directions to Attorney-General to appeal to the Court of be given and rulings made about the Appeal against an order staying proceedings or admissibility of evidence. This will do away with further proceedings on an indictment. the current practice of empanelling a jury and then sending them away or locking them up The Evidence Act will be amended in while questions of law are determined at great some important respects. expense to the taxpayer. ¥ section 93A "statement made before ¥ clause 109 will amend section 594 proceeding by child under 12" will be "pleading to an indictment" to settle once extended to afford the same protection to and for all the practice adopted by some a witness who is an intellectually impaired judges and frowned upon by others by person. allowing a consenting accused person to ¥ a new section 132A "admissibility of similar be bulk-arraigned, that is asked to plead fact evidence" will be inserted to abolish upon the whole indictment, instead of to the rule in The Queen v. Hoch and it will every single count. provide that in a criminal proceeding, This will be very useful if an accused intends to similar fact evidence, the probative value plead guilty to all or most of the counts upon a of which outweighs its potentially very long indictment. prejudicial effect, shall not be ruled ¥ clause 112 will amend section 631A "plea inadmissible on the ground that it may be of guilty during trial" so that it will no the result of collusion or suggestion, and 4876 Nature Conservation Amendment Bill 4 Dec 1996

the weight of such evidence shall be a proclaimed in full, was amended by the then question for the jury, if there is one. Labor Government by inserting two new The purpose of this provision is to overcome clauses relating to recreational fishing in the usurping of a jury function by a trial judge. If national parks. I am advised that prior to that there is a risk that a number of complainants recreational fishing would not have been able have put their heads together and concocted to take place on a national park when the Act an allegation, then that by itself will not be finally came into force. One clause provided enough for the evidence to be ruled for recreational fishing to take place on those inadmissible and the weight and reliability of the national parks specified in the Nature evidence must be left to the jury to determine. Conservation Regulation 1994. The other Very important amendments to section clause was a sunset clause which established 43A of the Mental Health Act are called for. This that the recreational fishing provisions expired section will be amended to allow the Attorney- on 31 December 1999. The Act and General to appeal to the Court of Appeal regardless of the route by which the person subsequent regulation came into force on 19 came to be before the Mental Health Tribunal. It December 1994. From that date, recreational will overcome the absence of standing to fishing has been permitted in all Queensland appeal at the time of Ross Farrah's case. national parks subject to the provisions of the The Penalties and Sentences Act will be Fisheries Act 1994. That capacity would cease amended by inserting a new section 13A and by on 31 December 1999. In other words, by the amending section 188. With these inclusions a commencement of the year 2000, recreational court will be able to take into account, in fishing would have to cease in all Queensland passing sentence, cooperation with authorities national parks. by accomplices and others. The court will also be able to reopen the sentence, even after the On 20 September 1994, the Premier, as usual appeal period, if the person fails to Leader of the Opposition, issued a statement cooperate, or if the court has acted on a clear that a coalition Government would move "to factual error of substance. repeal that part of the State Labor I commend the Bill to the House. Government's Nature Conservation Act which Debate, on motion of Mr Foley, seeks to prohibit recreational fishing in adjourned. National Parks by the year 2000 and remove all ambiguity in respect of any previous legislation". In order to move towards that NATURE CONSERVATION outcome, the Nature Conservation AMENDMENT BILL Amendment Bill 1996 has been drafted to repeal the sunset clause from both the Act Hon. B. G. LITTLEPROUD (Western and the regulation. It is intended that the Downs—Minister for Environment) amendment to the Act come into force on (11.37 a.m.), by leave, without notice: I move— assent, rather than establishing a later proclamation date. This amendment to the Act "That leave be granted to bring in a involves no cost to the community. Several Bill for an Act to amend the Nature meetings have been held with Sunfish, the Conservation Act 1992." peak recreational fishing organisation, and the Motion agreed to. Queensland Fish Management Authority (QFMA) with respect to recreational fishing in national parks. At these meetings, Sunfish has First Reading repeatedly objected to the sunset clause. Bill and Explanatory Notes presented and Fishing has been a tradition in Bill, on motion of Mr Littleproud, read a first Queensland's national parks since the first time. declaration of a national park, and it is coalition policy that this recreational activity Second Reading should not be taken away from the community. Labor tried to deny Queensland Hon. B. G. LITTLEPROUD (Western families their time honoured recreational Downs—Minister for Environment) pursuit, and this has resulted in substantial (11.38 a.m.): I move— anguish within the community. "That the Bill be now read a second time." I commend the Bill to the House. In September 1994 the Nature Debate, on motion of Ms Spence, Conservation Act 1992, which had not been adjourned. 4 Dec 1996 WorkCover Queensland Bill 4877

WORKCOVER QUEENSLAND BILL Mr CAMPBELL: The honourable Second Reading member for Barron River says that there are warnings on those medications. Although the Debate resumed from 3 December (see warning is there, if the worker takes that p. 4826). substance it is even worse. Does that mean Mr CAMPBELL (Bundaberg) that, if a worker is suffering from hay fever and (11.41 a.m.), continuing: I continue with my he or she takes an antihistamine, by rights his contribution to this debate by expressing the or her employer should demand that that Opposition's concern for the disadvantaged worker does not work and that he or she goes position of workers under the definitions of home? Under this legislation, that would be "worker", "injury", "hearing loss" and the case. "gratuitous care". I am also concerned about the definition I take a point of order. There is no of "reasonable care". For example, statistics Minister in the House. Mr Deputy Speaker, I show that motor bikes—particularly bikes refer you to the state of the House. carrying pillion passengers—have a much Mr DEPUTY SPEAKER (Mr Laming): higher accident rate than cars. Does that Order! We have a Minister in the House. mean that a worker who rides a motor bike to work and is injured on the way to work would Mr CAMPBELL: The Opposition wants contribute to any negligence? to protect the interests of workers. I am concerned that in three or four different cases I also want to address the issue of self- there has to be a 25 per cent reduction to any insurance. I am concerned that those claim if contributory negligence is proved and I employers with a very good record—with a low am concerned particularly about injuries claim rate—will take out self-insurance and that that will mean that all other employers will suffered while travelling to and from work and then see an increase in their premiums. I can also some injuries suffered at the workplace see that occurring, and that will lead to an itself. I feel that they are important issues. increase in premiums. Mr Palaszczuk: Do you think he was In conclusion, the Opposition wants to out doing a bit of branch stacking? protect the interests of the workers. We have Mr CAMPBELL: I do not think so, not to do that by looking at the definitions of at this time. The Minister would not have done "worker", "injury", "hearing loss" and that. I am concerned that claims will be "gratuitous care" and changing those reduced by 25 per cent if contributory definitions so that the interests of workers are negligence is proved, especially if it is proved protected. that the worker had taken some substance Mr ARDILL (Archerfield) (11.46 a.m.): that could have affected the worker in some The Workers' Compensation Act of January way. How will that apply to workers travelling to 1916 actually brought in adequate workers' work and also to those at work? What compensation to Queensland 80 years ago. It happens if a worker is on a medical substance was first introduced into this Assembly in such as an antihistamine? If it is shown that August 1915 under the T. J. Ryan the worker has taken such a substance and Government when it was elected. T. J. Ryan that that substance alters the worker's gave an election speech at Barcaldine in 1915 behaviour or reduces response times in some which promoted the idea of workers' ways—as some antihistamines do—under this compensation. It was comprehensively Bill, because that substance has reduced the introduced to all workers in Queensland, yet powers of the worker, any claim that worker today we see an attempt to restrict and reduce makes must be reduced by 25 per cent. That that access to workers' compensation for the concerns me. first time in 80 years. Mr Santoro: I'll have a look at that for In 1881, an Act was introduced into this you, but the sorts of things we are trying to House by John Macrossan to—— catch there are the abuse of alcohol, drugs and those sorts of things. But we'll look at that. Mr Stoneman: A great supporter of north Queensland, John Macrossan. He was Mr CAMPBELL: I understand that, but I the first one-eyed north Queenslander, do you am concerned about that because realise that, even though he wasn't born there. antihistamines, even cough mixtures, can affect a worker. Mr ARDILL: I thank the member for Burdekin for his advice. He is correct. John Ms Warwick: There are warnings on the Macrossan introduced an Act to provide for medication. workers' compensation. It was somewhat 4878 WorkCover Queensland Bill 4 Dec 1996 restrictive, but it was the first attempt to manager of the Rugby League Kangaroo tour provide for workers' compensation in this of England in 1909. State. That was watered down by none other When the Bill was proclaimed, what than the great Sir Samuel Griffith in 1886, and became the SGIO was established to handle the responsibility was thrown back onto the workers' compensation. When it was first employees to provide for their own established, that was its principal aim. It was compensation in most cases. We often hear called the State Accident Insurance Office. It praise of Sir Samuel Griffith for his great ability in the law, but we must remember that Sir was set up in Parbury House in Eagle Street Samuel Griffith certainly had some on 2 May 1916 amid great opposition from the shortcomings when it came to considering business community and even some of the access to the law by the lower orders and also journals of the day. The Courier was the one protection of workers in this State. exception that did give it some support. It was always under challenge. Because the In 1905, a new Act was brought in to insurance offices of the day took the matter to prevent access to common law, and in 1909 court and obtained an injunction to prevent the access was limited to a compensation of that office from operating—despite the fact £800, and in most cases that was for a death that it had been set up by the Parliament of on the job. Of course, any attempt to make a Queensland—it was decided that the State common law claim to obtain that sort of Accident Insurance Office would go into other compensation was most severely contested by sectors of insurance and immediately went the employers of the day so that many of the into fire insurance and personal insurance and widows of workers who were killed on the job cut the premiums by 20 per cent. That forced failed to get any compensation because of the other insurance offices to reduce the restrictions which the law and the so-called extortionate premiums of the day. There was justice system placed on employees, who vicious opposition at that time. Despite that, were considered to be second-class citizens. under the management of John Goodwyn and All of that upset T. J. Ryan in his early the protection of Fihelly and the Ryan days in Parliament. In 1915, he decided that Government, that office prospered. It started the Labor Party, if elected—and it was—would off with a grant of 20,000 pounds from the do something to redress the inequities and the Parliament which was repaid to Treasury in a inequality of life that employees suffered until matter of a few years once a profit was made. that time. T. J. Ryan, of course, is credited with The Legislative Council was violently that, but what is ignored is the fact that he did opposed to that office and returned the first not introduce the Bill into the House. That was Bill twice to the Lower House and refused to done by John Fihelly, an Irish Catholic who pass it. It was put through again with an had a very strong sense of the need for justice amendment. Eventually, because of a mistake for the employees of this State. He was a made in the Legislative Council—up the other great man who represented the seat of end of this building—the Bill got through with Paddington in this Parliament. He was called an amendment that was accepted by the the Assistant Justice Minister. I believe that Legislative Assembly. That was a mistake that our present Justice Minister fails dismally when members of the Upper House regretted very compared with John Fihelly and the matters much and they tried to put an amendment that he put on the statutes of this great State. through, which was rejected by the Lower He was a great man who piloted that Bill House. From that date, the State Government through the House against tremendous Insurance Office prospered and so did the opposition, not only from the employers' workers of this State through workers' associations, the trade associations of the day compensation. The Governor signed the Bill and the private insurance companies that did and it became part of the law of this State. provide some protection at extortionate premiums for workers but also from the Another Act that was put through after the authorities in Great Britain. We must first insurance Bill was the Industrial Diseases remember that, in those days, we were still Act, which was promoted by James Stopford considered a colony and part of the British the then member for Mount Morgan, which system of finance and economy. The was the original name of the Fitzroy electorate, Treasurer of the day, who was the great and David Gledson the then member for Theodore, did not support the Bill entirely and Ipswich. Their particular interest resulted from refused to take responsibility for it. John Fihelly the problems that miners had with miners' put it through this House. Fihelly was a great phthisis and other diseases of that nature. The sportsman as well as a great parliamentarian. funding for that Bill came from the State He had played Rugby and eventually was the Government Insurance Office. 4 Dec 1996 WorkCover Queensland Bill 4879

By 1920, some American States actually who suffered injuries. Actually, even with those adopted the Queensland model of a State increases, the premiums were less than they monopoly for workers' compensation. The were in New South Wales and Victoria, and troubles over the establishment of workers' certainly in other parts of the world which had compensation as a State instrumentality were adopted workers' compensation. A trading primarily responsible for the abolition of the profit in the Workers Compensation Fund was Upper House in 1922 by the Speaker of the again reached in 1938-39, and it continued to Lower House electing sufficient members into work effectively right through until 1978. In the Legislative Council Chamber as a suicide 1978, the SGIO was divested of workers' squad to eventually abolish that House. compensation when the Workers Workers' compensation was the trigger that Compensation Board was set up with 322 brought the Upper House undone, because of employees. If I remember correctly, the its continued opposition to justice for the Treasurer of the day who was involved in that employees of this State. was Sir William Knox, who recently did a The SGIO was eminently successful and hatchet job for the present Minister. efficient and overcame the difficulties of the Mr Schwarten: It didn't turn out to be a depression, two marine disasters, the closure very successful one, either. of the Mount Morgan mine and the Mount Mr ARDILL: It depends on what side of Mulligan disaster. Its also overcame the the trading equation one is involved in. disastrous public service policies of J. D. Storey. He was certainly a man who did great Workers' compensation is just one of the things for Queensland, but he was the many innovations and initiatives that have forerunner of Coaldrake in that he reorganised spread from Queensland to many parts of the the public service and reduced the number of world. For instance, Forgan Smith's policy of those employed in it and also reduced their kick-starting the economy after the Depression wages during the time of the depression. He led Australia out of that depression, and here was not very popular. The SGIO managed to is a lesson for our present Treasurer. The overcome much of the industrial disputation rating system which is still used on the basis of that did and could have arisen out of J. D. land values was a philosophy of the Henry Storey's reorganisation of the public service. George League in Great Britain, first practised In the 1930s, the main function of the in Brisbane and transferred to New York and SGIO was workers' compensation. It had now to the world. The same is true of the BLIS difficulties in meeting the cost of the lead system of traffic control in Brisbane, which was transferred to New York and is now used poisoning outbreak at Mount Isa when over throughout the world. It brings in royalties to 100 miners a year were totally incapacitated the Brisbane City Council which no longer uses by lead poisoning. Of course, because of it because the Liberal Party switched off that those difficulties and the others that I have particular system. mentioned, in a number of years during the depression, the SGIO made a loss. I think that History shows that insurance and workers' is a lesson for the present Minister. He should compensation have their ups and downs and be considering the fact that insurance does actuaries are required to be pessimistic as part not make a profit every year. He should not of their stock in trade. Just as the late stages lose confidence in the system just because of the Depression showed alarming losses the fund is in deficit at a particular time. In one which were recovered in the next few years, year, it lost 100,000 pounds, which is probably the reduction in reserves in the first few years something like $100m today. In other years, it of the unions' switch to common law as a lost 50,000 pounds and 66,000 pounds. Court means of redressing the National Party's unfair action was also a costly problem because the ceiling on compensation payouts in many benefits were not considered sufficient. categories of injuries in the early 1980s has its Workers who were able to did take the parallel today. However, that matter was compensation authorities to court under the addressed during Labor's two terms and the common law on a number of occasions, and it number of cases actually tried, as distinct from was very costly. initiated, will fall and have fallen. Even the In 1936, workers' compensation pessimistic actuaries can see an upturn in premiums were raised by 90 per fund reserves. cent—another lesson for the present Minister. This incompetent and inexperienced That was the highest premium increase. In Liberal Party and its uncomprehending some industries it was 50 per cent. However, Minister do not know history, nor do they premiums had to be increased to cover the understand the lessons of the past. A reading payouts for people in dangerous industries of the history of workers' compensation in 4880 WorkCover Queensland Bill 4 Dec 1996

Queensland will tell them that the worst placed on the fund a number of new possible thing they can do is fragment the conditions in order to "bring the fund back into system and allow cannibals into the system to a sound financial position". These measures pick off what is temporarily profitable. included the 20 per cent irrevocable choice for Insurance just does not work like that. This Bill common law claims; five-day excess payable is full of alarming innovations that take by employers; and an additional levy and workers' compensation back over 100 years increased premiums for employers. It was and could only be considered by someone rumoured that even at that stage there was a totally out of touch with the realities of the risks push to put a threshold on common law of industry and the attitudes of today. While claims. Thankfully, that proposal never there are many unscrupulous employers out eventuated. there, many employers will be aghast at the At the July 1995 election and potential for disruption that this Bill presents to subsequently at the Mundingburra by-election, Queensland. promises were made by the coalition to retain No community is going to be satisfied with common law access. Indeed, for many in the a system which fails to provide for those who electorate this was an important issue to are disadvantaged by injuries in the work consider because the Labor changes which force. The most glaring example of nineteenth were passed cut deeply into community and century thinking is the definition of who is an business. Having been present during the employee. Anyone who is providing labour on parliamentary debate and heard comments by an industrial site must be covered as a worker both sides of the House, one gained an no matter how many words are used to justify important insight into the workers' the neglect which is proposed here. Not only compensation scheme, its purpose and will the worker be thrown on the scrap heap relevance in this State. We are now in a because of some failure to treat his or her position where there is a purported overrun of contribution to society's benefit as being $400m. This overrun has had all sorts of important, but the worker's dependants, both numbers attached to it from about $250m financial and those dependent on a family right up to quite excessive amounts. It is situation, will be disadvantaged because an recognised that there is a stated need for uncaring Government or Minister wants to significant action to occur. The result of those pursue an economic goal instead of first concerns was the Kennedy report considering the welfare of human beings. This recommendations. I believe, though, that is typical of economic rationalism and it is the those recommendations have to be looked at typical attitude of this Minister and the Liberal with the background of the Labor Party in general. amendments, the coalition's opposition to The wording of this Bill relating to "the" those Labor amendments during the first major cause of injury instead of "a" major session of this Parliament, and the coalition's cause will severely restrict claims. The July and Mundingburra promises. contributory clause is another radical provision Kennedy made 79 recommendations. with a quotient of 25 per cent which, if Many of these are quite intrusive and cumulative, could eliminate compensation constricting. They include recommendations through common law—in fact, eliminating that the objects of the workers' compensation common law by the back door. The provision legislation should be to achieve these ends: relating to employees having to seek an "to provide an injury insurance system which internal review will have a detrimental effect. maintains balance between benefit adequacy What does a worker live on or with what does for injured workers and premium levels for he make his hire purchase payments while employers". We would all support that. "To that is being considered? Workers in industries provide adequate and suitable cover for with inherent risk will suffer if their right to workers who suffer injury in the work place and common law is restricted. for dependants of workers whose death results from such injury." We all support that. "To Time expired. make provision for employers and injured Mrs CUNNINGHAM (Gladstone) workers to participate in an effective return to (12.06 p.m.): The matter of access to a fair work program." That is a very positive thing. and compassionate workers' compensation "To provide flexible insurance arrangements scheme is a central pillar for a caring society. suited to the particular needs of industry", and During the first period of this Parliament there then this one, "to protect the interests of was a significant amount of debate on the employers in relation to claims for damages financial condition of the Workers because of injury to a worker". Most people will Compensation Fund. As a Parliament, we accept that, provided the access to 4 Dec 1996 WorkCover Queensland Bill 4881 appropriate damages is fair and reasonable concern with the Minister and he has for those injured workers. The idea is not to answered it but it continues to be a protect negligent employers by making concern—the connection of the review with the mandatory non-access to common law when National Competition Policy issue. Once again, the success of a common law action is that indicates that perhaps part of the motive predicated on the employer being proven for the short time frame that was proposed to negligent. get the fund back into an acceptable condition Another object was to establish and was the attractiveness of the fund as a maintain a fully funded scheme that meets saleable commodity rather than its intended minimum insurance industry solvency and to purpose, which was to provide compensation provide for the efficient and economic and a safety net to injured workers. administration of the scheme of injury Recommendation 20 was that insurance provided in paragraph A. Queensland replace the current premium Another recommendation of Kennedy rating system, including the merit bonus was that the medical assessment tribunal be system, with a premium setting system based located independently from the WorkCover more on direct experience. That should always Queensland Brisbane office with its own have been the case. It was an absolute secretariat and identity. That is a good thing. I contradiction that, during 1994-95, the basis think that most people are pleased to see that for merit bonuses was changed. It had always tribunal gain some autonomy. precluded journey claims and hearing claims In the proposed legislation, there is still no because it was deemed by the board that reviewable status for the findings of the injuries in both of those areas were, in the case of journey claims, not contributed to by medical assessment tribunal. I have heard the the employer or, in the case of the hearing Minister's argument that the buck has to stop claims, a multiple number of employers could somewhere and that it should stop on a have contributed to the hearing impairment. medical basis. However, I say to the Minister Therefore, those injuries were excluded from that that is still going to generate a the equation when determining merit bonus. considerable amount of frustration. I have a In about 1994, at least one of the criteria was letter from a resident of Geebung, which removed from the equation, and I refer to states— common law experience. Presumably, merit "I was ruled by the workers bonus was paid to reflect a good claims compensation tribunal in March 1994 as history. The success of a common law claim having a permanent disability of 10% and was predicated on employer negligence. So to paid $7,400. remove common law experience and to pay a Since the tribunals ruling, I have poorly performing employer a merit bonus, had— discounting his common law experience, was (1) diagnosis and ruling of 28% an absolute nonsense. I am sure that that has permanent disability by the contributed in some measure to the current Government medical officer . . . state of the fund. (2) private medical specialists diagnoses Recommendation 29—and I acknowledge and assessments of 20%—25% that this is not now part of the Bill—was that permanently disabled." common law claims for damages be permitted only where the work-related impairment level I have had residents in my electorate come to exceeded 15 per cent of the work-related my office talking about the assessment that injury. Perhaps that was one of the most the medical tribunal gave them and the actual offensive recommendations of the Kennedy impairment that they face as a result of the report. It not only proposed to remove all injury. Often, that impairment precludes those common law rights to injured workers whose people from returning to the work in which they injury was below 15 per cent but also it allowed are trained. the probability for negligent employers in the Another recommendation was that the circumstances in which the injuries to their workers' compensation scheme be reviewed in employees—or whoever—tended to be of a three years' time in the light of the minor nature to continue to be negligent. I can requirements of the National Competition recall that when they were supporting the Policy. Then the recommendations go on to Kennedy recommendations, the Minister and, outline four of the areas that need to be I believe, the Premier stressed that employers reviewed. I fully support the need for a review had taken their medicine and the Government of the fund; it is essential. My concern had accepted its responsibility to forgo continues to be—and I have raised this revenue as recommended by Kennedy and 4882 WorkCover Queensland Bill 4 Dec 1996 that it was now time for the workers to share could be other family complications and they the pain. That sounded good and fair until one might not get their claim in. The Minister rightly realised that the Kennedy report stated clearly advised me that that was a misconception. that the premium levy and the Government's But it is a very real misconception. If the 42 forgone revenues are only temporary—to last days was included merely for administrative three years—and that the denial of access to purposes, then it is unnecessary. full common law would go on forever. I Another of the recommendations of commend the Minister on the fact that the Kennedy related to personal injury arising out common law threshold has now been of, or in the course of, employment where the removed. employment is the major significant factor Currently, a worker's injury is calculated in causing injury. I know that one of the major relation to whole person impairment. This concerns that people have is that that clause clause, that is, the intention to remove is remaining in the Bill. I will comment on that common law, severely restricted the matter later, if time permits. parameters within which an assessment is The other recommendation relates to the made to take into account only those journey claims issue. I make this comment: circumstances, damage and impairment that the only journey where a clear case of non- was directly related to the single incident for which the claim was made. It has been raised employer impact can be shown is the initial on a number of occasions that the potential journey each morning, provided that no early clearly existed for future common law liability to call-out has been involved. Return journeys be artificially inflated. There has been a great from work could be defended as potentially deal of argument about that and, I think, as affected by the workplace, as can any with a number of issues that will be discussed subsequent call-outs once a worker's shift has today, there will be more argument and been completed. Additionally, trainers and counter-argument. Both of those arguments other employees who have significant distances to travel to an alternative workplace have validity and, therefore, it is difficult to see from the usual workplace should have a case where common ground can be found. for employer contribution given that that Recommendation 30 states that injured worker is travelling on behalf of the employer. workers with greater than 15 per cent WRI With a total exposure of $17m in the stated should be required to make an irrevocable preclusions, one could question the need for election within 42 days of being offered a such a major shift from historic protection. I statutory lump sum compensation. From my have received advice that the difficulty faced perspective at least, that recommendation was by employers arises from claims which come also intolerable. In discussions with the senior from incidents that have occurred out of managers involved with workers' normal public gaze, that is, an injury occurring compensation, it was acknowledged that the on the back steps of a home. There was main benefit of the 42-day irrevocable election concern that some of those claims were was administrative ease. Efficiency is mischievous in that perhaps the injuries important; to place constraints on workers occurred the day before at a footy match. It merely to tidy up the paperwork is not was stated to me by an investigator of those defendable. That 42-day irrevocable choice claims that the best way to address that has gone from the Bill, and I thank the concern was by allowing travel claims from the Minister for that. The actual implication of that point of exit from the employee's house to the 42 days was that it was going to be after the return point, that is, within relatively public injury was stable and stationary, which could jurisdiction. have been two years down the track. If a person was not involved in the accident, in Mr Schwarten: What does that mean— theory that person could sit down and say, "within relatively public jurisdiction"? "That should not create any tension." Mrs CUNNINGHAM: The possibility of However, for an injured person who is not there being a witness to an incident that really familiar with the workings of the Bill, the occurred outside the property boundary is reality—not the potential—is that that person higher than there being a witness to an would be worried about missing out on an incident that occurred at the back steps of a opportunity to claim because of a property. Therefore, the ability to investigate misunderstanding of that 42-day irrevocable the incident is much easier. I have a number choice. The community believed that it was 42 of continuing concerns which, again, I have days from when the injury occurred. The already discussed with the Minister. I remain feedback that I was getting was that people concerned about the definitions of "injury" and could still be seriously injured in hospital, there "worker". I understand the clarity that PAYE 4 Dec 1996 WorkCover Queensland Bill 4883 cover brings and that is a good thing. At least gentleman from Vincent, north Queensland, people know whether or not they are in the stated— scheme. "The State Government have made However, some valid points have been known their intentions to alter the workers' raised regarding PPS cover. Recently I spoke compensation law which they promised with the Minister who pointed out that a electors, would not happen. number of PPS employees will be covered as . . . "other persons", which is at page 41 of the Bill. I thank him for that information. Concerns We in the working-class, where most have been raised about the placement of work related injuries occur, cannot afford workers' compensation employees into the to allow our children to be disadvantaged statutory body. I note the Minister's comments should the unexpected happen at work. about the need for professionalism and the . . . fact that he has built in an additional It will directly affect the family as a protection for those employees as, instead of unit, and it will assist in creating a new the normal one-year provision for transfer breed of disadvantaged poor." back, he has allowed a three-year provision. I ask the Minister to clarify whether, after the A woman from Southport writes— three-year period, the years of service in the "I have a personal concern and have Public Service of people who are made been through a horrific situation whereby redundant will be recognised in the my husband was clinically dead, with out redundancy payout? the laws as they stand now I would not I have received a lot of letters from my have coped financially . . . electorate. The Minister said that he has not The areas of most concern are: received many, but this folder contains letters (a) Common Law Damages that I have received in one month from people who are for and people who are against the (b) Abolition of Journey Claims." legislation. Over quite a number of months I Considering the number of letters that I have received such correspondence from folk. have received in that vein, the question I had Almost without exception, those in favour of to ask is: who is least able to control the the changes—that is, those who have written, workplace? The answer is: the employees. "Please will you support all of the Kennedy They are the ones who are being asked to recommendations"—were employers. Again accept a 15 per cent threshold on injury almost without exception, those who opposed claims, and I reiterate that that clause is not in the changes were employees. the Bill now. Some concern has been raised about the I understand the Government's desire to introduction of contributory negligence. fix the unfunded liability. I think everybody in Following discussions with the Minister, I would this House is concerned that a viable and have to concur that there have been situations sound workers' compensation scheme where, following workplace health and safety remains. I share the concerns, but I do not provisions, an employer has advised an believe that things like cutting into common employee to wear protective clothing by law access rights and abolishing longstanding saying, for example, "Put your steel-capped benefits like journey claims as recommended boots on", and the employee has continued to by Kennedy are justified. I retain concerns refuse to do so. The employer again says, regarding the definition of "injury", the Public "Wear your protective gear", and the Service employee changes, the fact that employee refuses to comply. Subsequently, people who are currently covered—that is, the employee has his or her feet hurt. In that PPS employees—will not now be covered and situation, I believe that there is a case for the the fact that that will need very effective employee to carry some responsibility for not education. wearing the provided safety gear. I have no Additionally, I am convinced that the doubt that incidents will occur where the unfair Labor changes will go some way to fixing the use of this contributory negligence clause will problems. The actuaries have said that it is too come up. I ask the Minister to consider those early to tell and, under these circumstances, I when they are raised with him. believe it is wrong to deprive injured workers of As I have said, I have received many all their rights. However, there are problems letters on this issue. I will not read all of them, and for every issue raised on this side of but I will relate some of the issues raised. A House there is a counter-argument on the 4884 WorkCover Queensland Bill 4 Dec 1996 other side of the House so that it is difficult to their workplaces. It is about winding back the find common ground. level of compensation and financial redress The Minister must address the underlying available to workers which has been a part of problem that the fund is facing. However, I the working lives of ordinary Australians for the ask: if, in the medium term, there is a better part of this century. significant turnaround in the fund—that is, to a Mr Ardill: For 80 years. credit balance—because of the depth of the amendments that are in the Bill, or if Mr WELFORD: For 80 years, as the circumstances eventuate where the definition member for Archerfield says. Governments of of "injury" in particular creates unacceptable this country must do better than that. This is problems for injured workers, at that time when an appalling admission by the Queensland a clear situation is known on the Workers Government that it no longer cares for the Compensation Fund, would the Minister be rights of workers in workplaces throughout the willing to revisit these issues? Particularly if State, and that it no longer holds dear—as significant disadvantage is being faced by has been part of the tradition of Governments workers under the definition of "injury", will he in this State of all political colours—the revisit the legislation and revise the definition important responsibilities of Government to so that the fundamental tenet of workers' protect the compensation rights of workers in compensation—that is, to give safety and Queensland. The Government is prepared to protection to injured workers and their kowtow to the extremism of the Federal families—be maintained? I ask the Minister to Government, which is set upon a course to consider that question. fundamentally wind back workers' rights and conditions to a standard not seen in this Mr WELFORD (Everton) (12.26 p.m.): country since before the war. The previous speaker, the member for Gladstone, said that for every argument of the It is all right for members of the Government there is a counter-argument Government and for the member for raised on this side of the House and that it is Gladstone to thank the Minister for the minor difficult to find common ground. Let us not concessions that have been made in the Bill. beat about the bush about the amendments However, essentially, the concessions that the proposed to the workers' compensation Minister has made have come about not scheme of Queensland by virtue of the Bill. because of any good spirit or goodwill on his The amendments are such that they are part or that of the Government, but simply utterly incapable of finding common ground, because the Government has been dragged, simply because they represent a paradigm kicking and screaming by the member for shift in the way that Governments of this State Gladstone and members on this side of the recognised the need to protect workers from House to retain some semblance of respect injuries in their workplaces. for workers' rights, particularly the rights of access to common law. The Bill does not only, as the Government pretends, act upon the Kennedy After all, it was the Minister who, before recommendations to finetune the actuarial the last State election, ran from one end of position of the Workers Compensation Board; the State to the other promising to protect the it also gives effect to the ideological obsession rights of ordinary workers to common law of conservative Governments in this State and access. He accused the previous Labor throughout Australia to undermine the working Government of unduly restricting the rights of rights of ordinary Australians. That is what this workers under the workers' compensation legislation is fundamentally about. It is not system, as it then was, and went about about rectifying the perceived actuarial spreading what have proved to be lies. difficulties of the fund; it is not about the so- Coalition members pretended that, when they called reform of the workers' compensation got into office—as they now are—they would system in Queensland; it is not about simply protect workers' rights to common law access. implementing recommendations of an inquiry It is no thanks to the Minister that those rights which from the outset was bound to fiddle with are being preserved in this legislation. For that, workers' rights as a way of topping up the we have to thank only the Opposition, which fund. These changes are fundamentally about has defended the workers' rights in that giving vent to the movement from the Federal respect, and the support that we have Government down to the State Government to managed to secure from the member for cut and wind back the working conditions of Gladstone, who has had the nous to respond Australians, particularly those who are most to the needs of workers in her electorate. The exposed, least well off and least in a position member for Gladstone appreciates that any to protect themselves from bad practices in winding back of common law rights would 4 Dec 1996 WorkCover Queensland Bill 4885 have been an absolute travesty and a betrayal We have heard nothing from the Government of the very promises that this Government or the Minister as to what they will do about made in the run-up to the last election. that. However, the Minister is prepared to Mr Fouras: Now they are demanding throw the baby out with the bathwater. Instead truth in advertising. of addressing the problem of improper claims for workers' compensation, he simply excuses Mr WELFORD: Indeed they are. What employers from that responsibility altogether. an extraordinary state of affairs that this His proposal is that employers be excused morning the Premier should parade himself as from their responsibility altogether for common the promoter of truth in political advertising, law claims, thereby excusing them from their when on the same day we are debating real responsibilities for compensating workers legislation which has been brought here in its to the full extent of their injuries. That is what present form precisely because the the Minister had proposed. Maybe what is Government was dishonest in the way it needed in the system is a bit of true financial represented itself to the electors at the last accountability. The responsibility for workplace State election and in Mundingburra in relation practices and safety should be driven home to to this issue. Government members are utterly where it rightfully lies—with the employers, the without credibility in relation to their people responsible for proper workplace unequivocal political commitments to protect management. the rights of ordinary workers to common law access. As in every other instance, on this What would we have if we had a truly issue they simply cannot be trusted. transparent and financially accountable system? We would have a compulsory system The Kennedy inquiry was bound to bring of protection from injury for workers and down the recommendations it made. The compensation for any injury. We would also inquiry was a compromise headed by an have rights to common law access as exist employer, for employers, representing with respect to every other form of negligence employers and hearing from employers, which under our legal system. We would also have handed down recommendations based on premiums that reflect the full value of the what was essentially an employer's view of the injuries and damage caused at the workplace. world. At the end of the day, it was not the Then we would see the true cost of workplace protection of workers' rights or the protection of injuries. But instead those costs are concealed the health and safety of workers that was by subsidies and by cutting back the rights of paramount in the system. What was access to compensation. paramount was the notional or illusory financial credibility of an institution of Government The true costs of workplace injuries are which has been run effectively ever since it concealed by shoving people into the health was established by Labor Governments and system and restricting the responsibility of the which has only become a problem over the insurance process and employers to cover past few years. It has become a problem such injuries. That is effectively what the because, over the last half of this decade, for Government is about. This is part and parcel the first time in the history of this system, of its ideological bent and reflects both its workers have been standing up for their rights position and the position of the Federal more than ever before. Government, which is concerned in respect of its industrial relations and workers' Never was there a suggestion that this compensation programs to effectively impose system should operate with the same upon the working people of Australia—those mechanisms of financial accountability as people who have the lowest incomes in apply to every other insurance system in the Australia—the burdens that flow from country, namely, that the premiums paid workplace change and workplace accidents. reflect the level of risk incurred. That is the That is effectively what this Minister's position responsibility for financial accountability from is. which this Government is protecting employers. When people take out any other This Minister and this Government, in form of insurance, they pay premiums that common with the Federal Industrial Relations reflect the level of risk and liability that their Minister and his Government, basically take business incurs. However, by denying workers the view that whenever financial hardships are their rights to common law access, this to be borne in the workplaces of this country, Government was trying to shield employers they will not be borne by the profit makers— from that direct financial responsibility. the employers—and they will not even be shared equitably across the population of the It is true that there is a small level of fraud country through the taxation system; they will in relation to claims for workers' compensation. be borne directly by those workers who are the 4886 WorkCover Queensland Bill 4 Dec 1996 lowest paid and who are in the least effective costs in personal, family and financial terms position to protect themselves. That is what that flow from negligence of employers in this Government is about. Its ideological and managing their workplaces. That is what this political position owes nothing to any Bill is about. Let there be no nonsense about the actuarial security of the misunderstanding. It is not mere marginal fund. It owes nothing to any nonsense about reform; it is not mere shuffling of the deck reform of the workers' compensation system. chairs; it is a fundamental shift, a paradigm It is ironic that the Government should shift, in the way that Governments change the name of laws that have existed for acknowledge or assume their responsibilities in 80 years to WorkCover. It is ironic that the respect of protection of workers from Government should change the name of the workplace injury. laws to the very name of schemes which in Workers throughout this State will in the other States have led to the collapse of the ensuing months and years be exposed to system and to the winding back of workers' much greater risks, exposed to much more rights. It is symbolic of where this legislation severe injuries, exposed to the uncertainties and this Government are heading that it that flow from being laid off work and exposed changes the name of this system to that to the suffering that their families will found in the very legislation which in other incur—the break-ups, the hardships their States has been designed deliberately to wind children will experience—precisely because back the opportunity for workers to obtain fair this Government, under the pretence that it is compensation for their injuries in the simply making minor reforms to ensure the workplace. credibility of the fund, is really about winding Mr Ardill: Back to the nineteenth back rights. century. Mr Schwarten: And remember what Mr WELFORD: It is indeed taking us they said they would do if they got a mandate. back to the nineteenth century. Common law will go if they get back. The Labor Government of 1992 to 1995 Mr WELFORD: Indeed, and I heard in brought about substantial reforms to workers' this place today the member for Gladstone compensation. It was our Government which leave open the door for further changes, for consolidated the law relating to workers' further winding back of rights of workers, if the compensation, made it clear and brought it up coalition is ever returned to Government after to date. That was done only a few short years the next State election. Let that be a warning ago. The proposition that the law now required to the workers across this State, let it be an a substantial overhaul is simply without alarm bell ringing in the ears of every foundation and credibility. What the employee of every industrial enterprise in Government is proposing is not a change to Gladstone: if Minister Santoro manages to be the law to improve the system or bring it up to back in Government after the next State date; it was already up to date. This election, we can expect more of the same. We Government is proposing a change to the law can expect more of a wedge being driven that fundamentally shifts the balance and between employees and their employers; we onus of protecting workers. It shifts the can expect more of the responsibility and the balance from employer income to workers' load and the burden of workplace injury of costs. It shifts the balance away from the negligent employers being cast upon the rights of ordinary workers in favour of the workers of this State. benefits of employers and business. What While the Minister stands there prattling they have effectively done is shield business on about how he cares for workers, we know and in particular larger businesses from their that the reality of the matter is that his actions direct responsibilities to ensure that workplace speak more loudly than his words, because in practices are in place to protect workers from this Bill he represents what he really stands further injury. for, and it fundamentally means scuttling hard- The Kennedy report recommendations fought-for and long-held rights that workers are simply an alibi, simply a facade behind have enjoyed across this State for many which the Government is driving through decades. The Government will rue the day reforms or changes to give vent to what is at that it moved to implement this fundamental its very base simply a fundamental ideological change. In the long run it will not relieve position which sets workers against employers, employers of the costs of their negligence in which destroys the trust in workplaces between the workplace. They will continue to suffer employers and their staff, and which is disruption to their business, disruption to their designed to impose upon workers the very real profit-earning capacity if they simply do not 4 Dec 1996 WorkCover Queensland Bill 4887 take responsibility for the injuries that occur in Ms WARWICK: That is the member's their workplace, and no amount of meddling opinion. Minister Santoro had to take with workers' rights by this Government or any immediate action to fix up an inherited mess, other will protect employers from the very real and he did that. He did not hide from the economic consequences that flow from their reality; he did not shirk his responsibility. failure to protect workers from workplace injury. Mr Ardill interjected. The one thing that workers' compensation Mr DEPUTY SPEAKER (Mr J. N. laws in this State have done ever since they Goss): The member for Archerfield will come to were introduced was to make sure that order. employers had driven home to them the very clear message that, while workers are required Ms WARWICK: The Minister initiated an to act reasonably and responsibly in their inquiry under the very able stewardship of Mr workplace, the ultimate responsibility for proper Jim Kennedy. I think it was the member for workplace practices rests with management. Everton who said that there was no That message is now being withdrawn by this consultation; that it was all employers. That is Minister. Indeed, the message being sent out not true. The Kennedy inquiry consulted by this Minister is to the contrary. He is widely, in spite of claims to the contrary by saying—— some union leaders and Opposition members. The inquiry received 229 written submissions Mr Roberts: The QCCI thinks that and held 13 public hearings Statewide. workers are responsible for 97 per cent of Maximum opportunity was provided for injuries. interested groups and individuals to have Mr WELFORD: The QCCI would, input. Written submissions were received from because it shares with this Minister the view 10 employer organisations and from individual that employers have no role in ensuring that workers. A representative of three peak union proper workplace practices protect their staff bodies sat on the consultative committee to from injuries in the workplace. It is an the inquiry. I take this opportunity to extraordinary proposition that runs counter to congratulate the Minister and his staff on all the law, both the common law and the statute the hard work which has gone into this law of this State ever since its inception. But legislation. I know of his dedication and his let that be remembered: the message being commitment to fixing this ailing fund. sent out by this Bill and this Minister today in Since I have been a backbencher in this this legislation is that every employer can now Parliament, I have voiced great concern for welsh on their responsibility to their workers; small business. I am committed to assisting that we are back to the old system where wherever possible the plight of small-business workers will get protection only if they bargain people. I have stated this commitment several for it and if they fight for it and if they strike for times in the Parliament, and I intend to see it it, because no Government of the current through. That is why it makes me very angry political persuasion is prepared to stand up that it is these very small-business employers and ensure that a proper framework of who are now bearing the brunt of the protection is in place under the law as would problems associated with the Workers occur in any civilised society. Compensation Fund. They are the ones Time expired. whose premiums have gone up so Ms WARWICK (Barron River) dramatically that they are unable to put on (12.46 p.m.): It is with great pleasure that I rise extra employees. One of my constituents to support the WorkCover Queensland Bill. I came to see me the other day and have been concerned for some time now complained bitterly that small-business people about the disastrous state of the Workers are being victimised by the incredibly high Compensation Fund. I well remember when premiums which they are being forced to pay. we were in Opposition the then shadow This particular constituent said that he would Minister, Santo Santoro, questioning the then put on another employee if he did not have to Labor Minister, Wendy Edmond, about the pay such high premiums for workers' state of the fund. I know for a fact that Minister compensation. Under the present system, Santoro has been very concerned about that Queensland is the loser. Many people in my matter for a very long time. As soon as we electorate are quite disappointed and came to power, he was determined to do concerned that the legislation has had to be something about the problem—a problem altered. I was able to assure my constituent which was not of this Government's making. that we have made a commitment to not raising premiums for the next two years. Mr Ardill: There is no problem. Actuarial advice informs us that the fund could 4888 WorkCover Queensland Bill 4 Dec 1996 be as much as $440m in the red. When the no concerns whatsoever. Again, because she previous Labor Government came to power in had been told to call me, she did. The other 1989, the fund was in a healthy state. person did have some genuine concerns One of the stumbling blocks to the original which I attempted to address. legislation was the access to common law. I I just mention that the advertisements understand that other States have common were authorised by a D. Cleland. Mr Cleland is law thresholds. I understand that the threshold a Cairns city councillor and he is also a in Victoria is 30 per cent and in New South member of the ALP. Wales it is 25 per cent. I understand that there Mr Schwarten: That's not against the are some problems being experienced by the law. New South Wales fund. It appears that they may have to increase premiums because of Ms WARWICK: I did not say that it was the claims experienced there. against the law, but it is interesting where those advertisements came from. What the Because of the 15 per cent threshold for letterbox drop leaflets did not mention was common law which we wish to impose under that the proposed benefits for injured workers our legislation, two groups of people targeted is the ability to remain on weekly benefits for my electorate. One group was the local legal up to five years after the date of their injury fraternity, and I will not comment any further without erosion of their statutory lump sum on that; the second was the Workers Rights benefits. This is a major benefit to more Coalition. seriously injured workers. They did not mention Mr Schwarten: Don't you like the legal that an extra $100,000 maximum benefit fraternity? available to seriously injured spinal cord and Ms WARWICK: No comment. The brain injured workers is recommended for Workers Rights Coalition letterboxed my extension to all seriously injured workers for electorate twice with leaflets with my name on above 50 per cent work-related impairment. them, self-addressed. These were just They did not mention that there will be an scaremongering tactics. Out of two rounds of additional statutory benefit of $150,000 letterbox drops I got 160 back. I took the maximum for the attendant care of a worker in trouble to contact a couple of these people lieu of obtaining gratuitous care awards under and to ask them exactly what they were common law. complaining about and they basically did not I have concerns about workers' rights, know. They said they filled them in and sent regardless of what speakers on the other side them back because they thought they should. say. I also have grave concerns about the I thought that was a little bit disturbing. rights of small-business people. I was a small- Mr Schwarten: So they weren't worried business person and I know what it is like. about it. They work 12, 14-hour days, their workers work eight hours a day; their workers have lunch Ms WARWICK: They did not breaks, the small-business person does not. understand. They had no idea. They were They pay workers' compensation premiums, doing it because it had been put in their letterbox. That kind of scaremongering tactic is they pay leave loading, the whole box and very scary. The Workers Rights Coalition also dice. I am sick and tired of hearing only about ran half-page advertisements in the Cairns workers. Small-business people work just as Post, and they appeared on at least five or six hard, and for once somebody has to take occasions. One of those advertisements notice of these people. If we did not have small-business people, we would not have states— jobs. They are the creators of employment "Register your objection today with and it is about time those opposite Lyn Warrick . . . or Naomi Wilson, MLA for remembered that. Mulgrave." For some industries, the hike last time They could not even spell my name correctly, was in the vicinity of 40 per cent, plus the levy, which rather upset me and amused me. If yet we are still seeing fraudulent claims and they are going to target me, one would think massive common law settlements. Common they would be able to spell my name. law claims increased 32 per cent in the 12 I received only two telephone calls about months to 30 June 1996, contributing those advertisements. Thousands of dollars significantly to the blow-out in the Workers were spent on those scaremongering Compensation Fund. Legal costs accounted advertisements. I received two telephone calls. for 57 per cent of savings to the fund which One call came from the tablelands, which is would result from the 15 per cent threshold. not even in my electorate, and that lady had This threshold would have affected less than 2 4 Dec 1996 WorkCover Queensland Bill 4889 per cent of Queensland's work force. Only 3 not be included in the legislation before the per cent of workers' compensation claims House. The full reform package was designed involve common law action. After introduction to save $113m a year. According to actuarial of the threshold, injured Queensland workers advice, savings will now amount to only $59m, would still have better access to common law of which I understand the Government is than all other States except Victoria. contributing $35m. Queensland will now be This new WorkCover Bill will establish one of the few remaining jurisdictions in the WorkCover Queensland as the independent world giving unlimited access to common law, statutory body which will replace the current regardless of the degree of impairment. Workers Compensation Board of Queensland. I commend this Bill to the House and I WorkCover will be responsible for delivering take the opportunity once more to workers' compensation insurance in a congratulate the Minister on the hard work and commercial manner and administering the dedication and commitment that has gone regulatory functions contained in the into this new legislation. WorkCover Queensland Bill. Sitting suspended from 12.58 to The major advantages of replacing the 2.30 p.m. existing Workers Compensation Board with the Mr SCHWARTEN (Rockhampton) statutory body to be known as WorkCover (2.30 p.m.): I rise in opposition to the Bill Queensland will be: creation of a board of before the House. In so doing, I draw the directors fully accountable for WorkCover's House's attention to a statement made by the commercial performance and responsible for honourable the Minister that was reported in overseeing the enforcement of its regulatory the Courier-Mail this morning that the responsibilities; removal of scope for hidden legislation that the Government has before political interference by requiring any this place is widely supported by workers. I say Government intervention in WorkCover's to the Minister: that is certainly not the case commercial operations to be made fully where I come from. I have here some 725 transparent to the public; and separating the letters from constituents who have written to organisation from the Public Service to allow it me about the proposed changes that the to serve its clients as an efficient customer- Minister is bringing forward, and not one of focused commercial organisation. I applaud those letters supports them. I do not know to those initiatives. whom the Minister is talking, but certainly As the Minister has said, if the Labor those people who wrote to me—many of Government had acted responsibly 12 months whom have been injured at work and have ago, when the deficit was only $114m, had access to the workers' compensation laws Queenslanders would not now be plunged into as they are currently—simply do not want a the $400m black hole that we have. One of change. Not too many of the workers to whom the Opposition speakers spoke of improved I have spoken, including one gentleman workplace health and safety issues. I agree whom I just bumped into in George Street with that. It is very important. It is an aspect we where he is working on a construction site, must not forget. We must look into workplace hold the same views as the Minister. So I do health and safety issues. I have spoken to the not know to which workers the Minister was Minister about that and have been assured referring in that statement in the Courier-Mail that the current bipartisan approach will this morning. Clearly, they are not the workers continue to take place and that a review is to whom I have spoken. about to occur. This legislation is based on a wrong I was talking to somebody on the plane premise. As other speakers have said, the when I came down to Brisbane for Parliament review into workers' compensation was this week and this person told me that in the conducted by an employer. I might add that States workplace health and safety and he is a gentlemen for whom I have a great precautionary measures are taken very deal of respect. Nevertheless, he is an seriously and that if people in the workplace employer and the report has been written from do not adhere to the strict guidelines, there an employer's perspective. Had a trade are then certain punitive measures that can be unionist, for example, been in charge of the taken, such as warnings, etc. That is also inquiry into workers' compensation it is important. Precautions must be taken by reasonable to suggest that that person would workers in the workplace. That will also help to have produced a different set of options from reduce some of the claims that we now see. those proposed by Mr Kennedy. The political realities ensure that certain From where I sit, I see that the legislation recommendations of the Kennedy inquiry will is tackling the problem from the wrong end. In 4890 WorkCover Queensland Bill 4 Dec 1996 his report, Mr Kennedy suggested that common law rights. We would never, ever do revenue lost to the fund amounted to $28m. that." No doubt some workers were duped by He said that it could be more than that. that. In the context of the by-election, that was Similarly, Wally Trohear from the CFMEU has probably the case in Mundingburra. We all stated on a number of occasions that, with his know that this legislation represents the broad experience in the building industry, minimum conditions that the Minister could get there is 60 per cent to 70 per cent non- away with. Accordingly, he is not really compliance. If one were running a business satisfied. Judging by the Premier's statements and missing out on 60 per cent to 70 per cent that, if ever the coalition was returned to power of the market, one would do something about with a majority in this State, it would go the it. That is what I am suggesting to the Minister, whole hog he is not satisfied with the who is the head of what is basically a legislation either. corporation. He is neglecting his duties by not presenting the House and the people of If one reads, as I have, all the legislation Queensland with some strategies as to how to on workers' compensation that has come into get hold of those employers who are not doing this place over the years right back to 1905 the right thing. The Minister acknowledges that during the time of the Morgan Ministerialist non-compliance is a problem; the report that Government, one will find one common the Minister has acknowledges that it is a thread, that is, conservative Governments and individuals who support conservative parties problem, yet we see that every change that have always had preconditions on workers' the Minister wants to implement is tailored compensation. That goes right back to 1916 towards the workers giving up benefits. when Ryan introduced the first workers' I believe that, from the outset, these compensation legislation, when the Opposition amendments have no credibility whatsoever. of the time said that, although it was a good Let us not forget that these are the idea, it did not really believe that it should set amendments that the Minister could get away aside £100,000 to set up what became the with. He was taken kicking and screaming by SGIO. They believed that workers' Labor members on this side of the House and compensation should have been left to the by the member for Gladstone. I endorse the marketplace. If my memory serves me words of the member for Everton: the member correctly, the decision to establish that office for Gladstone can count. She knows that she was fought by industry groups in this State in represents a very large industrial electorate in the courts. this State whose workers would be disadvantaged as a result of the passage of Let us put aside all the humbug that the the legislation that the Minister originally members opposite preach, that they are really wanted to push forward. She understands, as taking this action to help the Workers do Opposition members, that those people Compensation Fund and to help workers. That would not have been too happy had she is clearly not the case. They are in here doing voted in favour of the original proposal. the bidding of the bosses. When any solution Considering such an option would never even needs to be found to problems raised by the enter the mind of Labor members on this side review, it is always the poor old worker who is of the House. going to have to cough up. Honourable members should bear in mind the words of When the Minister sat on this side of the Clive Bubb, who said that the beneficiaries of Chamber, he howled loud and long about the workers' compensation should have to pay right to common law. He preached around the something towards it. The benefit that those State that that right was cast in stone, that it people receive is that they get injured, many was immutable, that we could not do anything of them never to work again. At least under about it and that we had to keep common law the workers' compensation package that was rights. If by some fluke he were to be elected presented at the beginning of the year by our to the other side of the House, he said that he Government, workers received a fair go. would make sure that common law rights did not change. We all know that that is not what This legislation is nicely and neatly occurred. I had a wry grin this morning when I wrapped up. It seems that fairly minor heard the Premier talking about truth in changes are involved. We are not talking advertising. The hypocrisy of the Premier about common law. The Minister's original knows no bounds on a whole range of issues, proposal denied access to common law to but is particularly apparent in this particular those who suffered a disability of 20 per cent case because members opposite went to or less, which would have in effect put people workplaces around the State and said, "The as young as 20 or 30 on the dole. That means Labor Party is trying to take away your that, with no access to common law, the 4 Dec 1996 WorkCover Queensland Bill 4891 taxpayer would have looked after them one not telling the people of Queensland. I am way or the other. sure of one thing: the workers he spoke about Leaving that issue aside, one aspect of this morning who support these provisions workers' compensation that the Minister is would take a different view if they had that attacking today is journey claims. I think that knowledge behind them. that is dreadful. That provision has survived all The next point I would like to address is the ups and downs of the workers' the overall deficit of the fund. I do not compensation scheme for 80 years. It was in know—and I do not think anybody else the original package proposed by Ryan. As does—exactly what the nature of the deficit is. the member for Archerfield pointed out, there It was $200m; it was $100m. I heard the were times in the thirties when the SGIO was Premier say it was a billion dollars. I know that in the red by £100,000 and figures of that one of the union officials at the Trades Hall in nature. Journey provisions survived those Rockhampton had a barometer of the figures times, but they will not survive this mentioned over a period of a couple of Government. Just as the name of the fund will months, and every time someone in the change to WorkCover, so too will the Government made a statement, a mark was conditions of journeying. If the changes that made on the barometer. It ended up a billion the Minister proposes are enacted—and I with the Premier's statement. At one stage the notice that the member for Gladstone was Minister said it was $600m. Other figures referring to this issue earlier—what would mentioned were $300m and $200m, and so it happen if a person became ill at knock-off went on. Quite frankly, I think the true story is time, could not drive home, and was dropped that the Cabinet submission suggested that home via a route that deviated from the the reforms that were made by our driver's normal route and the driver had an Government were in fact going to work and accident? How do those workers get on? The that by the year 2006 the scheme would be Minister might like to answer that in his reply. okay. Mr Ardill: How about car pooling? The other point about the deficit and how it was going to be corrected according to Mr SCHWARTEN: Car pooling will Kennedy is that many of the things that he certainly be out in this case because every spoke about in the report were simply time a different person drives, a different route unfunded. Today I heard that the figure of to and from work will be taken. There will be no $59m would be saved as a result of these substantial route that will be able to be provisions. I do not know how those figures identified. In my electorate, meatworkers use car pooling all the time. Quite regularly they will are arrived at. It is a matter of some use car pooling to drive up and down from fascination how the Government can get to Emu Park. This will affect anybody who has to that point when in fact Kennedy does not price travel some distance to work—and bear in most of the things that he referred to. For mind that every day about 3,500 people travel example, how much of the $13m that is used from Yeppoon, in the electorate of the for journey cover is intended to be saved? Will member for Keppel, to Rockhampton and it be the whole lot? That is why I do not back. I do not think they will be too pleased believe that the legislation has much credibility at all in the eyes of workers in this State. when they get to see the fine print of what this is all about. The shadow Minister can correct The next point, of course, is the definition me if I am wrong, but I think this aspect of of "injury", and that is clearly aimed at people compensation involves only about $13m worth who suffer with bad backs as a result of work. of claims a year. That is really not a lot of In my electorate, there are meatworkers who money in the overall context of the damage are currently working anything up to 12-hour that will be caused as a result of this shifts on concrete floors. They are young legislation. blokes who are lifting large slabs of meat, boning them out and so on. If anybody can This legislation will affect people who work convince me that they will not suffer shift work and who knock off at all hours of the degenerative back problems in the next 20- day and night. These days, people work quite odd years, then I will—— long shifts. It is not beyond the realms of possibility that, one day, one of them will run a Mr J. H. Sullivan: Then you will be red light and be involved in an accident convinced. because they are tired from working hard. Mr SCHWARTEN: I was going to say They are probably going to miss out on any something else. Then I will be convinced. I form of workers' compensation as a result. thank the member for the interjection. The fact They are the sorts of things that the Minister is of the matter is that some doctors would never 4892 WorkCover Queensland Bill 4 Dec 1996 believe that a person would develop a bad brought to bear. But that never happens with back as a result of work. I have heard workers' compensation. It just goes on specialists and doctors say that from the day a undeterred year after year, with 100,000-odd person is born until the day he dies, his back people hurt at work costing the State some $3 degenerates. I believe that unless some of billion every year. Yet all the Government can these people are able to be convinced that come up with is a bit of good old-fashioned the work-related injury is the substantial cause worker bashing. of the problem, then the person who has In particular, I am not impressed with the suffered the injury will not receive member for Barron River with her ministerially compensation. It is a bit like the old "bad written speech. She stated what she thinks back" syndrome which has been suggested about workers. I have to say that she is for many years. Let me tell honourable honest. At least she has the courage to stand members that I know people who suffer with up here and say what members opposite think bad backs from working in the construction about workers. I will certainly make sure that industry. I have a bad back myself from hard any worker I know from Barron River gets to work in my young days. It is not a lot of fun. read her speech. The more we see people work longer and longer hours, the more injuries of that nature Mr Roberts: She should join the QCCI we will see. because they don't like workers. Mr SCHWARTEN: The QCCI is another The other point that needs to be made group of people. Clive Bubb and his mates are relates to the number of prosecutions. I mean, not too impressed with workers, either. They what are these people doing? In 1994-95 think that the workers are to blame for all there were 105,000 claims, and guess how many prosecutions there were? There were 58 these injuries. prosecutions. So the other 104,000-odd were Mr Ardill: He was a Liberal politician. all doing the right thing? Fair dinkum, what is Mr SCHWARTEN: That is right. He was, the deterrent for some of these employers to too. indulge in the practices that they do of getting their employees to stay back an extra six or Mr McGrady: They call him two-Bubb eight hours a day in some cases to do heavy each way, don't they? manual labour? And thanks to the Mr SCHWARTEN: Yes, two-Bubb each Government's Industrial Relations Bill, when it way. manages to get through this place, if those The other point I would like to address is employees do not work those hours they will contributory negligence, a matter about which end up being sacked. As far as I am the member for Gladstone spoke. Contributory concerned, we will see more and more of this negligence has already been recognised in sort of behaviour. As a result of a whole host the courts. As I understand it, the Government of inactivity in the area of workers' is not too happy with the findings of the judges compensation itself, inspectors are not going in that regard. It is a nonsense to say that out and targeting the unscrupulous employers people can do as they please on the job and who time and time again have made a that if the boss provides them with protective number of claims. They do not even get a visit clothing they can simply thumb their nose at it from anybody in the inspectorate area of the and not run the risk of losing out on workers' Workers Compensation Board. If something compensation. There are cases where that was done about compliance, I think the has occurred. Under the Workplace Health number of claims would be reduced. and Safety Act, the onus does rest with the Make no mistake about it, there is nothing employee in that regard as well. in this Bill that is a deterrent to employers to I believe that this legislation is a perfect continue their practice of hurting their example of what separates us from members employees on the job. There is nothing in here opposite. If one looks at what we on this side that would entice employers to abandon did when we were confronted with the problem unsafe work practices because the likelihood of the workers' compensation blow-out, as of them being prosecuted is seven-eighths of members opposite like to call it, it will be seen nine-tenths of nil. The likelihood of a check that we looked at both sides sharing the pain. being made on them is at about the same What is the Government doing? It is tipping level and the Workers Compensation Board the balance on the backs of the workers as it continues to pay out. I know of no other has always done. From 1916 to 1986, it has insurance industry that operates in that way. been good to the last drop. The colleagues of There would certainly be questions asked in members opposite who have predeceased that regard and pressure would certainly be them in this place would be truly proud of 4 Dec 1996 WorkCover Queensland Bill 4893 them. Members opposite should read the In respect of the WorkCover Queensland 1916 debate and see what some of their Bill, I have to say that the first thing that I do colleagues had to say, and they should repeat not like about it is its title. It is one of those it in here today because they are about as very trendy titles that are dreamt up by power relevant today as those people were then. suit wearing, Saab driving, champagne swilling I am delighted to say that I am part of the Liberal Party Governments down south. Why Labor Party in this State which opposes this can we not talk about what it is? Why can we legislation. It is one of the reasons why, 27 not refer to this Bill as the Workers' years ago, I joined the Labor Party. I am Compensation Bill? I guess the reason is that proud of the fact that the Labor Party is the it is not a workers' compensation Bill—— party of the workers in this State. Those Mr Harper interjected. members opposite will be back in their rightful positions sooner rather than later. Mr J. H. SULLIVAN: Mr Harper is on again. Mr J. H. SULLIVAN (Caboolture) (2.50 p.m.) Moments ago I stepped out of the An honourable member: If I lift on the fifth floor and thought I had entered recall—— heaven. It appears that most of heaven has Mr J. H. SULLIVAN: Somebody wants now entered the Chamber, and I would like to to recall. welcome the entrants in the Miss Australia Quest to the gallery. Can I say on behalf of all A Government member: Didn't the the Parliament how much we in Queensland Prime Minister drink champagne? appreciate the work that they do for the Mr J. H. SULLIVAN: Mr Howard might Spastic Centre. well have done but I am not fully aware of his Before I commence to tell the Minister drinking habits. what I do not like about his legislation, I will tell In respect of this legislation, we are him with great sincerity what I do like about it. seeing a definite diminution of the conditions In the seven years that I have been in this enjoyed by workers in this State. It is a place, this piece of legislation is the first about diminution from what? It is a diminution from which I can honestly say I really like its internationally recognised standards. In my regulation-making powers. The Minister and view, this legislation pays scant regard to the his staff have brought this complex, conventions of the International Labour comprehensive and, I might add, bad Organisation. Surely in a State such as legislation into the Parliament. However, its Queensland we should be aspiring to provide regulation-making powers are terrific. I our workers with conditions that are more commend honourable members to have a favourable than the internationally recognised look at those regulation-making powers. This minimum. Who is driving conditions for workers Minister has brought to the Parliament a in this State backwards? It is the Government regulation-making power that many Ministers of the day—the National/Liberal/Gladstone before him have said was impossible to do. coalition Government. Clause 530 of the Bill refers to the regulation- making powers and states— Mr McGrady: They hate the mineworkers. "A regulation may make provision for anything specified in schedule 1. Mr J. H. SULLIVAN: They hate the That type of regulation-making power means mineworkers. Just a few moments ago in this that when we in this Parliament talk about debate we heard the member for Barron River what we are going to allow the bureaucracy to state quite sincerely that she is sick of hearing do in our names—and members should about the workers. Obviously, she is not going remember that the regulations that are made to sit around listening to this debate because are our regulations, not the bureaucracy's—we from members of the Opposition she is going are keeping very tight control. I commend the to hear quite a deal about the workers. Minister and whoever else in his staff was The conventions and recommendations responsible for so doing. It is nice to be able to of the International Labour Organisation are say something nice about Mr Santoro. the definitive statements of human rights in Mr DEPUTY SPEAKER (Mr Laming): regard to industrial relations. A number of Order! those conventions relate to workers' rights to Mr J. H. SULLIVAN: It is nice to be compensation. able to say something nice about the Minister. Dr Watson: But they don't want I have waited seven years to be able to do so, freedom of association completely. You don't and I am pleased to do so on this occasion. follow that? 4894 WorkCover Queensland Bill 4 Dec 1996

Mr J. H. SULLIVAN: Let me say to the wages. I bet honourable members that no-one member that I believe in free association, and in this place would disagree with the statement that is about all that anybody would be that, if the employers did not have to meet prepared to pay to associate with him. high workers' compensation premiums, it is I refer to the Workmen's Compensation more likely that employees would engage in (Agriculture) Convention No. 12, the occupations or in activities that are more Workmen's Compensation (Accidents) dangerous. If employers did not have to pay Convention No. 17, the Workmen's these premiums, as a matter of course they Compensation (Occupational Diseases) would place their employees in more Convention No. 18, the Equality of Treatment dangerous situations because the more (Accident Compensation) Convention No. 19, dangerous the activity, the greater the profit and the Workmen's Compensation that can be made out of it. As the member for (Occupational Diseases) (Revised) Convention Moggill would well know, that is suboptimal No. 42 and 121. Those conventions of the economic behaviour. It is not the way that International Labour Organisation relate to things should go. workers' compensation. I know that many speakers have referred Dr Watson: Selective quotation. to this matter, but I want to talk about the definition of "worker" as it is contained in the Mr J. H. SULLIVAN: If the member for Bill. It is a rather restrictive definition. That in Moggill wants to interject, I say to him that I itself is contrary to the ILO conventions, which have selectively quoted from the state that workers' compensation should be conventions—only those that apply to the Bill available to all workers, not the smaller cohort that is being debated. However, if the member provided for in this Bill. I wonder why we are wants to talk about a few others, I shall. For removing workers' access to the compensation example, why does this legislation pay little or scheme? Is that how the Government is no regard to ILO conventions, whereas the saving the money about which it speaks? Is Workplace Relations Bill contains ILO the Government going to put the scheme conventions in its appendices? It has me back in the black by applying it to fewer and beaten. On the one hand, the Government fewer citizens of this State? That is what the wants to play with them, yet on the other hand Government is about. If it is not, why has the it wants to ignore them. Government defined, limited and restricted the This Bill is a disaster for human rights. definition of "worker"? Members have to remember that this issue is Dr Watson interjected. not all about economics. I can understand why the member for Moggill wants to think that it is Mr J. H. SULLIVAN: No, I am not all about economics; he wants to justify his interested. I am not listening to the member existence. However, this Bill is not about for Moggill because he has not made any economics, it is about rights—— sense since 1989 and he is not about to start Mr Ardill: It's about people. now. Mr J. H. SULLIVAN: It is about people Mr McGrady interjected. and it is about their rights to be treated Mr J. H. SULLIVAN: I am not going to properly and fairly. discuss what Mrs Sheldon says about the Mr Roberts: If it was about economics, member. they would pay full market price for the The second important issue is the insurance. definition of "injury". I have read the rationale Mr J. H. SULLIVAN: That is absolutely provided by the Minister for changing the correct. As the member for Nudgee said, if it definition of "injury" which changes from "a was about economics, they would pay the full significant contributing factor" to "the major market price for insurance. significant factor". Although in his second- reading speech the Minister's said "the major As the member for Nudgee would be significant contributing factor", the word aware, this legislation before the House shifts "contributing" will be omitted. Many aspects of the responsibility from the employer to the employee. Who is going to pay? The this provision are alarming. One of the most employee is going to pay. Honourable important is that it does not take into account members would understand that it is always the straw that breaks the camel's back. the worker who pays, anyway. The amount of The Minister would know, as I do, that a money that an employer has to spend on number of people in the work force perform workers' compensation cover is less money with ease to the levels required of them, that the employer is prepared to outlay in despite disability, illness or other injury which 4 Dec 1996 WorkCover Queensland Bill 4895 does not affect their work. However, That is not the way to treat workers fairly. This something that happened at work could Parliament telling a judge what he or she must consequently combine with the disability to do in respect of certain events, no matter how prevent them from continuing to work. The big or small, is not the way to write legislation. I definition in the Bill is capable of excluding understand that the Opposition is going to be those people from the system of opposing these provisions and I shall do so compensatable payment. I would ask the with some pride, because they are bad Minister to look at that. I did not see any provisions. reference to a change in the amendments Workers' compensation and the alleged that the Minister will be moving in the blow-out in the fund are issues that have Committee stages of the Bill. occupied a lot of media time since the July I am also concerned about clause 314, election. For the last 18 months, a lot has the contributory negligence provisions. In his been said about these things. Sure, there are second-reading speech, the Minister said that problems with workers' compensation—there for the first time a definition of "contributory are always problems with these kinds of negligence" has been included in the schemes. I can tell the House about one of Queensland workers' compensation those problems, which is an administrative legislation. However, I could not find a problem which the Minister may want to look definition in the definitions section or in any into. other section. This is a big Bill and we have had very little time to go through it, and that In my electorate I carry a small policy to definition may be there. If it is, could the cover people whom, from time to time, I ask to Minister point it out to me? If it is not, I ask the work for me on a paid basis because, to be Minister to do what he intended to do and frank—and the Speaker is not here—the provide a definition in the Bill. Parliament does not provide me with the staff resources that I need. One year I was amazed Mr Ardill: Is it cumulative? to find that, having filled in my return for the Mr J. H. SULLIVAN: The issue of following year, I got a refund cheque from the contributory negligence is cumulative, and it is Workers Compensation Board. The premium cumulative in a dreadful way. We are arriving that I paid in the first instance would not have at a situation whereby judges will no longer covered the administrative cost of processing look at cases in courts; administrators will be the payment. It was ludicrous to get a refund doing that. Under the section relating to which would have doubled the administration reductions, because of contributory negligence costs, and then some, by actually giving me the court must reduce award damages by a some money back. I carry only a small policy. I minimum of 25 per cent. There are six sorts of would have thought that, as I am the person events that this legislation says are evidence paying that kind of policy, it should be fair that of contributory negligence. For each that is there be a minimum premium that at least found to have contributed to the injury covered the cost of the administration of the suffered by the employee—the person who receipt of the money. I think that the Minister has very little control, because he does not should look to see how much of that kind of buy the ladder which he has to climb—there is activity is contributing towards some of the a minimum 25 per cent reduction in the problems. payment. It does not matter if the judge finds Workers' compensation, of course, is a that the contributory negligence under any of basic human right. Workers' compensation is those provisions is very minor. not something that should be bandied about Mr Lucas: It's plucked out of the sky. in terms other than the people's right to a safe Mr J. H. SULLIVAN: They have workplace. The Minister's legislation provides plucked the figure of 25 per cent out of the sky employers with the opportunity to provide and said, "That's it; you're out." This is most workers in this State with unsafe workplaces dismissive of and threatening to the position of and for the workers to pay the cost by missing judges in our legal system. Surely a judge's out on appropriate compensation because of job is to determine the level at which he or she that. I understand that this debate and the should fetter any award about to be given other debates that were scheduled for this because of the issue of contributory week were to be among the Minister's negligence. It is one thing to have that in the crowning moments. However, I assure the legislation; it is another thing to have it and to Minister that there is no credit accruing to the say, "Irrespective of the scale, the judge must him through the legislation before the House. reduce the award by 25 per cent." The In addition, I have no doubt that, were the Government should hang its head in shame! Minister able to work without the delicate 4896 WorkCover Queensland Bill 4 Dec 1996 balance of numbers in this Parliament, he Will the Nationals and Liberals cop this would amend the legislation with glee and decision? Are they prepared to cop the will of haste to provide for the loss of journey claims the Parliament? No! On 2 November 1996, and to increase the injury level for common the Premier told the Courier-Mail that, if his law access. I cannot trust the Minister and I Government wins the next election—God help know that the workers in this State cannot trust it, given the way it has been performing—it will him. scrap common law. Government members did Because the member for Gladstone has not get their way and they do not like it. If they been of a similar mind to the Opposition, the gain power in their own right, in a fit of spite Minister has had to amend his proposals. Let they will scrap common law. At least when the us be fully aware that the Minister has done so workers and the men and women of under duress and that the legislation before Queensland next go to the polls they will have the House today is not the legislation that a stark choice between a National/Liberal would be the final form of legislation if a Party Government that has attacked workers' coalition majority Government were to take rights in this Bill and two other Bills that we will office following an election. Let us be sure that debate early next year, or a Labor Opposition this legislation is not what the Minister intends that has consistently defended the principles and rights of those in society who are least to inflict on the workers of this State. This able to defend themselves and who are legislation in itself is bad enough, but the threat of what the Minister will do in the future deserving of our support. is too horrible to contemplate. It is a disgrace. I This Bill is probably one of the most do not think this is a crowning moment for the important pieces of legislation affecting my Minister; this is a moment when the Minister constituents in the term of this Parliament. It should be ashamed of himself and he should has a day-to-day impact upon them in their be man enough—— dealings in the community and as members of the work force. It is chock-a-block full of spiteful Mr Schwarten: You call yourself an stings. Some of the Bill's provisions are not Australian. even in the Kennedy report and can only be Mr J. H. SULLIVAN: As the interpreted as punishment. The classic honourable member says, he calls himself an example of the spiteful punishment dealt up in Australian, but this is an un-Australian act. This this legislation is the change to journey claim is not worthy of a Parliament of this State and requirements that require journeys to be taken it is not worthy of a Parliament of this country. by the shortest convenient route. The The Minister should be ashamed for bringing it WorkCover boffins will be out on the streets forward. with their UBDs, pieces of string and pedometers measuring whether a particular Mr LUCAS (Lytton) (3.10 p.m.): I rise in worker took the shortest or longest way to work opposition to the proposed WorkCover each morning. Queensland Bill. It is a Bill of spite, double standards and division. If there is one silver One of the most concerning things about lining in the debate that we have had in this the Government's policy in relation to the Chamber today and yesterday it is the defeat WorkCover Bill and its attempt to abolish of the Santoro plan to butcher common law common law is the fact that it divides society access. and treats workers harshly. One of the great things about Australian society is that we are This morning in question time, the egalitarian; everybody is given a fair go and is Premier spoke about truth in political treated equally. In this country, I do not want advertising. If there was ever a case of to see us reach the stage at which certain "convicted, guilty, go to gaol" for breaches of groups of people are treated as second-class truth in political advertising, it was the sham citizens. That is the way we are heading with and fraud perpetrated on the people of this this WorkCover legislation, not to mention State in the July 1995 election campaign by other things that seem to be happening in this this Government when it told the people that it country. would not reduce workers' rights to common law access. It has only been through the In future, there will be two classes of intervention of the Opposition, with the support people in relation to accidents. For example, if of the member for Gladstone—something for a worker slips over because of a puddle of which I give her credit—and her opposition to water at Woolworths, that worker will be the 15 per cent butchering by the Minister, treated differently from a shopper who slips that the workers of this State do not find over in that same puddle of water in the same themselves in an even worse situation. circumstances. Why? That will be because this Government does not want to defend the 4 Dec 1996 WorkCover Queensland Bill 4897 rights of workers. It wants to treat them rationalist/commercialist requirement in the Bill, differently and it does not wish to treat them the Minister has then not seen fit to be fairly. consistent. The hallmark of this Bill has been the Anyone with any familiarity with insurance failure of the Government to consult with the principles knows that, in a true insurance union movement and other stakeholders. market, the insurer has the right to set the Government members are more than happy premiums at the level it sees fit. But the to talk to their mates—the employers—but Government is not prepared to do that and when it comes to people who represent the say, "Okay, employers, common law claims other half of the interest group, they are not have increased. You are responsible for them prepared to talk to them. I note that yesterday because they are fault based and therefore the Law Society called on the Government to the premiums will rise." The Government adjourn the debate on this Bill until the new wants to treat this scheme differently from year to permit consultation and informed other insurance schemes but at the same time debate on its many provisions. But will that say it is commercial, because that gives it happen? No, we will have to have the entire another excuse to hop into the rights of debate today. workers in other areas. In the Minister's ideological drive to The Government proposes to maintain cement his leadership prospects in the Liberal the right to interfere with premium levels. Party, he has ploughed ahead with this Bill, Again, that is not what one would call a which is illogical on any assessment and not commercial-based control of an insurance necessary. Mr Santoro's legacy to this session company; it is a political control based on the of Parliament will be the trifecta of shame: the Government's side of the political spectrum. WorkCover Queensland Bill, the Industrial As to laying any blame for common law claim Organisations Bill and the Workplace Relations increases—by definition, common law claim Bill. increases are fault based and claims must be In his eloquent speech, the Leader of the paid only if the employer is negligent. Opposition pointed out a number of important However, under this legislation workers will factors that the Government has clearly bear the brunt of employer negligence. ignored. Only three of the 660 lump sum I will speak with respect to particular cases considered by the Workers clauses in the Committee stage, but two Compensation Board from 1 January until 29 clauses in particular are worth emphasising. August 1996 have elected to go to common One of the most disgusting clauses in the Bill law. Even the Government's own advice is the contributory negligence clause, which indicates that, if the common law claims adds 25 per cent, plus 25 per cent, plus 25 experience stabilises at the 1 January 1996 per cent for every perceived instance of level, full funding would be achieved after contributory negligence, even if it is held partly June 2006. If a 10 per cent levy was to blame. This is a gross interference in maintained, then full funding would be matters traditionally decided by courts. It is achieved by the September quarter of the ridiculous to state that any aspect of year 2000. It is important to note the level of contributory negligence should automatically our premiums in Queensland compared to be set at 25 per cent. That seems to me to be those in other States. It is a furphy to say that a backdoor way of reducing workers' payouts our scheme is in trouble. It has $1.068 billion in a cumulative way. That can lead to in reserves and earned $100m in income for situations in which, where even if there have the past 12 months. Its value grew by $180m been only small items of contributory last year. It was Labor's reforms which negligence, a worker will get nothing. addressed the difficulties of the scheme. Another area of particular concern is the Those sensible, prudent and thought-out journey claim clause that disqualifies claims reforms achieved the turnaround and made where there is a breach of the Traffic Act. I this WorkCover Bill totally unnecessary and hope members realise that, when a explicable only by petty vindictiveness. constituent of theirs has been working a late- The Bill makes much of requiring the night shift, a double shift, or is tired, has not board to take a commercial approach. Since been drinking, been foolish or careless but by 1916, in this State workers' compensation has mistake goes through a stop sign, has a car been conducted on a benevolent basis, with accident and is injured, that person has its primary aim being to advance the interests breached the Traffic Act, and that is it. That of injured workers and their families. But not person is not eligible for a lump sum payment. content to put an economic That person would never have received a 4898 WorkCover Queensland Bill 4 Dec 1996 common law payment, because he or she was Minister addressed the issues. He did not run at fault. This spiteful Bill says, "Sorry about away from them, as members opposite did that. You've have missed out. Sorry, Mrs when they were in Government. He knew that Smith. You have gone through a give-way the fund would not fix itself. The problems sign on the way home. You have become a were not just going to go away. The problem tetraplegic. We know it's not your fault, but in required responsible action, and that is what any case you will get nothing, merely because occurred. you went through a give-way sign and I turn now to the contribution by the breached the Traffic Act." That is disgraceful. Opposition Leader earlier in this debate. I want When members have people in their to respond to this statement that he made— electorates who are impacted upon when this legislation bites, they will rue the day that they "Labor and my Government"— allowed such a clause to be included. would— In conclusion—this legislation has no actuarial or financial basis. It is legislation that "manage the finances of the Workers is designed to divide. It creates different Compensation Fund without resorting to classes of people in our society. Workers will harsh, draconian and discriminatory be treated differently from people who are measures." injured as motorists and people who are When I heard him say that earlier in this injured as shoppers. I do not want to see that debate, I thought, "My goodness, here they type of society. I am more than pleased to go again with more hypocrisy." What utter oppose this Bill. Unfortunately, the member for rubbish! If we look back but a few months to Gladstone may not see the merit in a number when members opposite had control of the of the arguments that the Opposition is Treasury benches, to when they had control of mounting today, but I plead with her sincerely workers' compensation, did they take that sort to think through the ramifications of some of of action? Not on your life! They kept on the very nasty clauses in this Bill and reject it. running away—the typical head-in-the-sand Mr HARPER (Mount Ommaney) approach. Members opposite denied that (3.20 p.m.): It is a pleasure to rise today and there was anything wrong, yet the Opposition speak in support of the WorkCover Leader had the hypocrisy to stand up during Queensland Bill. I want to start by this debate and claim that Labor would commending the Minister on the actions that manage the finances of the Workers he has taken in regard to the problem of Compensation Fund in a certain manner. We workers' compensation. Let us reflect on what saw how Labor managed the fund over the the Minister has done since the coalition came past six and a half years. We saw the mess to Government to rectify this problem, which that members opposite created. The scheme was left to us by the previous Government. He was ready to collapse, as it did under other took quick action. Given that there was a Labor Governments in other States. The massive problem with the fund, one of his first Opposition Leader must believe that he could decisions was to hold the inquiry. The Minister turn that situation around without any action. did not pussyfoot around or muck around; he What a load of rubbish! got on with rectifying the problem, and that Mrs BIRD: I rise to a point of order. Mr was one of his first steps towards a solution. Deputy Speaker, I draw your attention to the After its establishment the Kennedy inquiry condition of the House. rightly ran for a number of months, as it had to deal with quite a large issue, address it fully Quorum formed. and allow time for proper input from various Mr HARPER: As I was saying, all we groups. This process led to the saw from the Opposition Leader was recommendations contained in the Kennedy hypocrisy. If we look at the true picture—under report, and following that came the crucial the former Government the Workers drafting of the necessary legislation. It is not a Compensation Fund was out of control. small Bill, as this is not a minor issue. The Members opposite either did not know the true Minister and his staff had a significant task in drastic position of the fund or they were drafting the appropriate legislation, yet what deliberately misleading the people of have we heard from the members opposite? Queensland—hiding the shame that they Yelping and wailing about how little time they obviously felt, hiding the problem that existed had to look at it. They have had quite a long so that they did not have to face up to the time to consider the report of the Kennedy wrath of the people on that issue, among inquiry. It was available to them. Members others, at the election. Either way—whether opposite have to face up to the fact that the they were unaware of or were deliberately 4 Dec 1996 WorkCover Queensland Bill 4899 hiding the problem—they are to be those who can prove employer negligence, condemned. which is the situation currently. I want to refer to the pamphlets on this One may well ask who was responsible for issue that were distributed in various these leaflets that were distributed in many electorates, including my own. In a certain electorates, including mine. I note that famous black, yellow and white pamphlet I although the leaflet distributed in my was accused of taking away workers' rights electorate was authorised by a certain person, forever, as were some other members. I want no particular group—no particular party—had to respond to a few of the items addressed in the fortitude to own up and take responsibility that particular pamphlet. The first statement for it. I wonder why. Of course, a check on was that— other electoral information that has been "Over 70% of all workers' distributed in my electorate reveals that this compensation court claims will be particular pamphlet was authorised by a eliminated." member of the Labor Party, and so that sheets home the responsibility to where it The Bill which was introduced into Parliament belongs. But of course that party did not have does not change the limitations placed on the fortitude to own up to that fact. common law access which were introduced on 1 January 1996. A further statement was I turn now to the assistance that this Bill that— provides to small business. This Government, unlike the previous Government, is well aware "98% of all workers' compensation of the need to help small business. We well claims will be decided by Government and truly recognise that this sector needs bureaucrats rather than by the courts." assistance to get back on top and to go Why do people not face up to the facts ahead. If the small-business sector goes concerning the history of the fund? Workers' ahead, employment opportunities increase for compensation statutory claims have been the people who work for small businesses. I decided by public servants—or "bureaucrats", want to outline some of the changes as they call them—since 1916. Hence, nothing contained in this Bill that will assist the small- has changed. The next statement was— business sector. "You will get no right of appeal As to the excess buy-out situation— against the decision of these changes introduced by the Labor Government bureaucrats." effective from 1 January 1996 included the The response to that is: review and appeal requirement for all employers to pay the first rights for workers have been extended— four days' compensation as an excess. This extended—in the Bill. The next statement has been a significant impost on small was— business where to pay an extra four days' salary unexpectedly without any work in return "If you are injured or even killed on has caused much financial hardship. The Bill the way to or from work that's tough—you introduces the ability for all employers to insure have no claim and your family has no claim." against any payments of an excess, which will reduce the uncertainty for small employers. My response is this: as we now know, journey claims have been retained in the Bill with As to the experience-based rating minor amendments to limit claims where there system—the introduction of an experience- is a clear breach of the Traffic Act resulting in based rating system will significantly reduce injury and clarify where the journey starts and the volatility of premiums for employers. Under finishes. The next statement was— the Workers' Compensation Act 1990, a demerit charge exists for employers under "Compensation for carers for which employers may attract up to 100 per seriously injured employees, usually a cent penalty on their premium payments close family member, will be restricted to dependent on the claims lodged against their unrealistically low levels." policy. This has had a large impact on small The response is that a gratuitous care employers, as just one claim can easily cause payment of up to $150,000 has been the 100 per cent demerit. The experience- introduced into the statutory scheme to ensure based rating system, while making those that all seriously injured workers who require employers who have a consistently poor ongoing, day-to-day care have access to this claims experience pay higher premiums, will payment without the need to resort to the reduce the volatility of premiums for smaller court. This payment is available not just to employers. 4900 WorkCover Queensland Bill 4 Dec 1996

I refer now to employer appeal rights I want to turn to an issue that was raised against statutory claim decisions. The by one of the Opposition speakers, that is, WorkCover Queensland Bill introduces the travelling to and from work and car pooling. right for employers to seek a review and Once again, they tried to create panic and the appeal against the acceptance of a statutory wrong impression about whether people will claim lodged by one of his or her workers. This still be covered if they car pool. Of course they will allow all employers to submit information will still be covered if they travel in car pools. I relevant to the claim and ensure that only would like those ill-informed members opposite claims which should legitimately be allowed to note that the provision in the Bill is under the legislation are accepted against that unchanged in its effect from the current Act employer's policy. Of course, the same and that car pooling arrangements will privilege is extended to employees, too, which continue to be covered. The practical route is important. home, when car pooling is involved, obviously covers the fact that the driver has to drop off I refer now to contributory negligence. The people. provisions relating to contributory negligence in common law damages actions will ensure that Once again our friends opposite are trying employers should not have to meet the to create wrong impressions. They want to unreasonable damages awarded to workers cause panic just to benefit themselves. I can for injury which have resulted from a clear fault tell them, as the people of Queensland told on the part of the worker. Decisions taken by them back in July, that the people will not be the courts in recent years have gradually fooled by this sort of rubbish. They were not eroded any ability to gain some contributory fooled by their hospital postcard rubbish and negligence finding in common law cases. lies and they will not be fooled by the rubbish These provisions should assist in redressing they are coming out with now. Earlier, I this issue and protect small employers against referred to a pamphlet that was distributed in unreasonable awards. It is important that we my electorate calling on people to ring, fax or recognise that this Bill is addressing those visit my office. This is exactly the same. The issues and giving support to small employers. people of my electorate woke up to what As I said, one of the very key and important those opposite were up to. I received very few issues is that, when we assist small employers, calls about that pamphlet. employment benefits flow on. One Opposition member raised the matter of workplace health and safety, and I refer to the premium rises which have that is being addressed by the Government. been occurring over the past few months. They are the Labor Opposition's premium Why do they not face up to that fact as well? rises. I want to make that quite clear. Those In fact, a review is presently being undertaken. rises are hitting now and have been over the This Government takes very seriously the past few months and I have been approached need to strengthen workplace health and by many people, as no doubt have the other safety practices to make sure that workplaces 88 members in this Chamber, including those are covered properly. We want to make sure opposite, about those rises. Some of the rises that safe work practices are in place. The are 125 per cent to 150 per cent at least. That worker has that right. Let us not have any fact needs to be sheeted home to those more of these illusory tricks from our friends responsible for it, that is, our friends opposite. opposite. They will continue down this track They brought in those surcharges, demerits because they have no policies of their own. All and general rises when they were in they can do is try to cause panic and try to Government. Let them not run away from the mislead the public as to what is really happening. fact that they are the ones responsible for that. That was their one and only solution to Before finishing, I would like to turn to the fixing this problem. contribution from the member for Caboolture. I would like to refer to some of the statements Labor failed to act in a positive manner. he made about my good friend the member Their answer was to slug business, with no for Barron River. Perhaps I need to reiterate thought as to the effect on employment. They for him what the member for Barron River did not mind about that, yet they claim to actually said. The member for Caboolture stand up for workers. What a lot of rubbish! obviously was not listening properly to her There is no use standing up for a worker if speech, but that does not surprise me. The there are no jobs there. They have to give member said, "I have concerns about workers' some consideration to creating employment. rights." Perhaps the member for Caboolture Did our friends opposite do that when they was not listening at the time but, as I said, that were in Government? No way in the world! does not surprise me. The member for Barron 4 Dec 1996 Petroleum Amendment Bill (No. 2) 4901

River went on to say that she also has grave First Reading concerns about the rights of small-business Bill and Explanatory Notes presented and people. This Government knows, but Bill, on motion of Mr Gilmore, read a first time. members opposite obviously do not, that small businesses are very necessary to create employment and that therefore their rights and Second Reading concerns must be taken into account. As the Hon. T. J. G. GILMORE (Tablelands— member for Barron River said, small-business Minister for Mines and Energy) (3.38 p.m): I people work just as hard as anybody else move— whom our friends opposite tag as workers. They are all workers, whether they are the "That the Bill be now read a second small-business people or the person who time." works for the small-business person. As the This Bill seeks to amend the Petroleum member for Barron River said, if we do not Act 1923. Queensland's future in many ways have small-business people, we do not have depends on an assured supply of low cost jobs. The member for Caboolture said that he energy. Energy provides the means for world was going to publish and distribute widely the competitive and efficient industries and the speech made by the member for Barron River. jobs and wealth they create. To that end, the I hope he does distribute it fully, and not Queensland Government is doing all that it selectively, because then the people to whom can to assist the petroleum industry in the he distributes that speech will see what the harnessing of the State's tremendous gas member for Barron River was saying. reserves and to encourage the development I will finish on the matter of the running of of infrastructure to provide for the efficient the WorkCover board. It is important to note delivery of low cost gas. that the Minister has in mind an aim of strengthening the board's abilities. The The primary aim of the Bill is to provide for activities of past years and the recent inquiry the future use by the Government of have shown us that we need to do that. We competitive selection processes to facilitate need to make sure that the board knows what the development of major gas pipelines. The it is on about. We need to make sure that it Bill will also remove potential uncertainties addresses matters as they arise and that it about the integrity of commercial puts into practice a viable and effective system arrangements and statutory instruments that runs on a proper commercial basis so that flowing from the competitive selection both employers and employees get the full processes that have been undertaken to date. benefit that both sides deserve. The Minister is The opportunity has also been taken to make well and truly addressing the matter of a small number of minor amendments to the strengthening the board's abilities. He is also Petroleum Act to clarify the intended meaning addressing the ability of the people who work of the legislation. on that board—the management of the board. In late 1994, following an extensive He is making sure that they have the skills and competitive tendering process, the abilities to make sure that we have a fine and Government of the day selected preferred effective system that, as I said, gives a benefit developers for two major natural gas pipelines to both sides. in Queensland. The two new pipelines, from I once again commend the Minister for Ballera in the State's south west to Wallumbilla facing up to the situation and for not running near Roma, and from Ballera to Mount Isa, will away from it like our friends opposite did. He is extend the State's transmission grid by about bringing in some very effective legislation. I 1,600 kilometres. The development of these commend the Bill to the House. two pipelines is essential to ensure an Debate, on motion of Mr Pearce, adequate supply of gas to the State's eastern adjourned. seaboard markets and to the fast-developing Carpentaria/Mount Isa mineral province. PETROLEUM AMENDMENT BILL Earlier this year, a preferred purchaser for (No. 2) the State gas pipeline was selected by the Hon. T. J. G. GILMORE (Tablelands— Government, also following a rigorous Minister for Mines and Energy) (3.37 p.m.), by competitive tendering process. The sale of the leave, without notice: I move— pipeline was successfully completed in July 1996. As a consequence of those tendering "That leave be granted to bring in a processes, agreements covering various Bill for an Act to amend the Petroleum Act commercial matters and the approval of 1923." access principles, the granting of pipeline Motion agreed to. licences and associated matters were made 4902 WorkCover Queensland Bill 4 Dec 1996 between the Government and the successful As Minister for Environment I am a member of tenderers. Unfortunately, recent legal advice the National Environment Protection Council. I has raised concerns about the interaction have a statutory requirement to table the between those agreements and the existing annual report of the NEPC. I hereby lay upon provisions of the Petroleum Act about the table of the House the annual report of the approving access principles and granting NEPC. pipeline licences. The problem arises because the existing processes prescribed under the Petroleum Act are difficult to integrate into the PERSONAL EXPLANATION competitive selection processes used by the Solgoben Pty Ltd Government for the facilitation of major pipeline developments. Mr CARROLL (Mansfield) (3.43 p.m.), by leave: I refer to the ministerial statement The Bill before the House today is in made by the Treasurer at about 11.30 a.m. response to that legal advice and seeks to today at the commencement of Government amend the Petroleum Act—firstly, by inserting business and add the following facts. On 2 a new section 70A to enable the Government, October 1995 I signed and handed to the in appropriate circumstances, to use a transferee the memorandum of transfer of 30 competitive selection process as an alternative shares that I held in Solgoben Pty Ltd to the processes presently prescribed under divesting myself of that shareholding. On 4 the Act; and secondly, to put beyond doubt October 1995 I resigned as a director of the outcomes of the competitive tendering Solgoben Pty Ltd. processes that have already been completed. The proposed new section 151 deals with the The annual return of that company Ballera-Wallumbilla pipeline and the ex-State lodged late January 1996 with the ASC gas pipeline for which pipeline licences have records all those facts except that there is no been granted. The proposed new section 152 provision in the form for the date of the share deals with the Ballera-Mount Isa pipeline for transfer, so apparently that was not included. I which a pipeline licence is yet to be granted. have no idea as to how the ASC chose the Section 151 is not intended to and will not date which it has ascribed as the assumed have any effect on any native title rights or date of that transfer of that shareholding, but it interests that might ultimately be proven to is incorrect. I am seeking a written explanation exist in respect of the land covered by the of how the wrong date was given on the pipeline licences. Section 13A of the Acts search result tabled in the House today when Interpretation Act 1954 makes it plain that no date for that transaction was recorded on native title rights are only affected in so far as the company's annual return. there is an express provision made in any Act. The existence of the said company and Most importantly, this legislation will in turn my wife's interest in it were detailed in the provide certainty to the major commercial pecuniary interest declaration mentioned in contracts, with value totalling several billions of the House earlier today. I therefore deny the dollars, that have been made between scurrilous imputations made against me in pipeline developers, gas transporters and gas question time here today. Furthermore, I suppliers on the basis of the Government's inform the House that the chairperson of the agreements with the successful tenderers. Minister's Family Policy Advisory Committee had been informed of my previous interest in The prerogative of the Government to that company. facilitate major development, so that the energy needs of the State can be met and economic development encouraged, is clearly WORKCOVER QUEENSLAND BILL something which should be supported by all Second Reading members. This Bill will ensure that the Government is able to move in this way, to the Debate resumed. benefit of Queensland's people and industries. Mr PEARCE (Fitzroy) (3.44 p.m.): In I commend this Bill to the House. joining this debate on the WorkCover Debate, on motion of Mr McGrady, Queensland Bill I express my opposition to adjourned. and anger about this legislation. In particular, I am angered by the fact that the legislation was introduced only last week, which provided PAPER no time for Opposition members to sit down Hon. B. G. LITTLEPROUD (Western with key players. I believe that that was done Downs—Minister for Environment) (3.43 p.m.): on purpose, because that provided less time 4 Dec 1996 WorkCover Queensland Bill 4903 for scrutiny of the legislation and less time to provided to all workers so that they understand find fault with the legislation. this new legislation. This legislation is anti-worker, anti-family, On page 46, proposed section 37(1)(a) of and most definitely anti-mineworker. The the legislation refers to an event that happens comments that I will make in this debate today when a worker is on a journey between the will be relevant to the coal industry simply worker's home and place of employment. For because of my background, but the proposed subsection (1) to apply that journey arguments that I put forward today impact on must be the shortest and most convenient trip, all workers, because all workers in Queensland and the journey starts and ends at the come under this legislation. I also feel that it is boundary of the land on which the home is important for me to reaffirm the uniqueness of situated. I foresee major problems with this the coal industry. Everybody in this place provision. I know that coal industry employees knows that coalmining is a high-risk industry are most concerned about this as well. In fact, and statistics prove that it must be treated the miner's union will be meeting next week to differently. The coalmining industry generates discuss the new legislation. The Minister more claims per 1,000 workers and more should not be surprised if industrial action serious claims than any other industry. That is follows. simply because miners are working in a I will give honourable members an changing workplace environment, using heavy example of potential problems arising from this machinery and working long hours. It is hard legislation. A worker walks out the front door work. At times it is tedious and it is dangerous. on his or her way to work. The car is parked in the garage. It has been raining, the worker Let us consider some of the figures that I slips, falls and breaks an arm. No claim can be received today. In New South Wales in the made because the event has occurred within past financial year, 109 claims were made per the boundary of the worker's home. A more 1,000 workers in the coal industry compared serious injury could take the worker out of with 28 claims per 1,000 workers in other employment for life. I have seen some industries. In Queensland, the figures are argument about reducing the number of significantly higher for the coal industry. In the fraudulent claims in this area. That argument 1995-96 financial year in the coal industry, is unsustainable because a simple claims for on-site injuries and claims for investigation of the accident could determine medical expenses arising from minor injuries whether a claim was legitimate. Even though a resulted in 1,692 claims from a work force of worker has taken reasonable care on his or 10,500 people, that is, 16 per cent of the work her journey to work, such an event could force. In all other industries, 77,357 claims occur. We all know that that is the case. were made, with a work force of 1.5 million people. That is about 5.1 per cent. That is a Proposed section 37(3)(b) states that a significant difference and a clear indication journey from or to a worker's place of work that the coal industry is a dangerous industry starts or ends at the boundary of the land on within which to work. which the home is situated. The Bill is not clear as to where the journey to and from the place In common with all other insurances, of employment commences. Is it the boundary workers' compensation does not become of the land on which the employee is relevant until it is needed. Members on the employed, or is it where and when the Government side can smart as much as they employee commences work? If it is the like because it is they whom the workers will boundary of the land on which the employee remember. Workers will remember the is employed, it raises a number of concerns. changes that have been made and how Looking at a small enterprise, the employee difficult it will become to access workers' could, on entering the land, thereby crossing compensation as they know it today because the boundary, have a collision with another of the legislation that is in this place. From the vehicle or machinery or be injured walking from day that this legislation is proclaimed, every the car onto the job site. Working in a mine, worker will feel the impact of legislation that will an employee may have to drive for several simply make the compensation process more kilometres before getting to the workplace difficult to follow. Some people cannot read or after crossing the boundary of the lease. In write and do not know how to fill out a workers' this particular case, the employee faces the compensation claim. I deal with such people a same risk travelling within the boundary of the lot and I know the difficulties that they have. land as those driving on an open road. Once Some of them do not even realise that they again, is the worker covered while moving have to lodge the forms within a certain between the parking lot and, say, the dressing period. An education program must be sheds or the local office? The legislation is not 4904 WorkCover Queensland Bill 4 Dec 1996 clear and, as a union organiser, I would be section over the interpretation of the Bill—to raising those points with my members. read that should the driver be involved in an I turn now to the proposal that the journey accident causing injury because of tiredness or must be the shortest convenient route. This exhaustion, then that person could be part of the Bill would appear to rule out car deemed to have voluntarily subjected himself pooling. I heard what the member for Mount to a risk or injury by driving the vehicle despite Ommaney said. Although he may have the being tired and ready for bed. Do we really rhetoric, one has to look at what is in the expect a tired and exhausted worker to have a legislation and the way in which it will be half-hour kip before driving home? Or, interpreted. That is a simple fact. Today, in the alternatively, are we saying to employers who interests of the environment and traffic control, expect their employees to work long hours we strongly encourage people to take under stressful conditions that they should advantage of car pooling where the driver of a provide a transport service for their workers? motor vehicle may pick up and drop off several Mr Ardill: There is a time limit, anyway. workmates. This brings me to my point that There is a delayed time limit in the Bill. If they the legislation would appear to rule out the stay too long, they may be outside the time. driver's ability to claim compensation if the driver was not travelling on the shortest Mr PEARCE: That is right. They have to convenient route to home at the time of an actually make sure that they are on the road accident. Car pooling may cause the driver to within a certain period of time after finishing deviate several times from the shortest work. As far as I am concerned, those convenient route, placing the driver at risk for questions are not answered. What the Minister providing a service for workmates. Out in the must understand is that it is a matter of coalfields, coalminers use car pooling interpretation by those administering the extensively. I can foresee an angry reaction to legislation when considering all the this inability to pick up and set down circumstances leading up to the time of an workmates. event that causes an injury to a worker travelling to and from work. Clause 38(3) offers some relief to my concern, but it would appear to me that this I turn now to certificate injury and non- could only be accepted if the employer certificate injury. Under the legislation, workers instructed the owner and driver of a motor have a choice if they have a work-related vehicle to deviate from the shortest convenient impairment of less than 20 per cent to access route to pick up employees. Again, as a union either an impairment lump sum or common organiser, I would be directing my members to law. But the injured worker cannot have formally ask their employer to put this request access to both options; it is one or the other, in writing. It is very easy to walk away from it and it is final. I am not happy with this part of after there has been an accident. This the Bill, as it rules out access to common law situation is clearly most unsatisfactory, and I where a person may have less than 20 per believe that the member for Gladstone, while cent of full body impairment which means that gaining some concession with the original he is unable to continue the work he is trained recommendation of Kennedy, has been for and specialises in. I will cite an example. conned. When a surgeon smashes the fingers on his operating hand, he damages the ligaments I am most concerned about clause 38(2) and this means that he cannot carry on with which deals with an injury that happens during his profession. The injury could be seen as particular journeys. Again I refer to the coal being less than 20 per cent full body industry. With enterprise bargaining and impairment, and the choices available to the individual contracts, workers are working longer surgeon are that he can take a lump sum or hours, taking fewer breaks and are required to take common law action if he can prove be more productive. This means that beyond reasonable doubt that the employer employees work longer and harder than ever was responsible for the injury. If the surgeon before, causing high levels of stress. Under chooses access to common law, there is no clause 38(2)(a)(i), the injury of a worker en entitlement to compensation, and if the route to or from work may be taken not to common law action fails, the outcome could arise if the worker "voluntarily subjects mean no benefit at all for the injured worker. themself to a risk of injury". Long hours and minimum breaks mean a high-pressure job The same scenario could apply to any and an employee who is exhausted by the worker at any time. I refer to farm labourers, end of the shift. The legislation could be railway workers, public servants, coalminers, interpreted—and I have had many arguments road workers, shop assistants—anyone who is with people in the workers' compensation a PAYE employee. The statutory payment 4 Dec 1996 WorkCover Queensland Bill 4905 would deliver a benefit less certain costs. A I have had some problem dealing with the common law claim could take years to finalise. definition of "injury", which is a personal injury In both cases, the worker and the worker's arising out of, or in the course of, employment family suffer owing to a significant drop in if the employment is the major significant usable income and uncertainty about their factor causing the injury. I have some future. That again highlights the anti-family problems coming to grips with this meaning of philosophy of the coalition Government. injury as defined under clause 34. What does Under Chapter 3—Compensation, Part 3 "if the employment is the major significant refers to the compensation entitlements of factor" really mean? I have seen accidents in particular workers. Division 2 refers to miners the coal industry in which the major significant and the disease silicosis and anthraco-silicosis. factor causing an accident has been the A mine worker will be entitled to compensation actions of another employee. The injured if the mine worker has been continually worker could be an employee from another residing in the State during the five years section of the mine site who is simply immediately before the illness, incapacity or observing the work of a tradesman. The death due to the disease. The mine worker, worker is not part of the specific job—he is not during the residency, would have to be part of the team—but receives an eye injury working in employment in mining, quarrying, from a piece of flying metal. As a matter of stone crushing or stone cutting for at least 300 interpretation, his employment at that mine days. The following subclause expands the site could be as a driver and he was simply in residency from five years to seven years but the wrong place at the wrong time. So his increases the number of days to 500. employment could be determined as not being a major significant factor because he That is okay, but I will refer to something was not doing his job. It opens up the field for that I think the Minister fails to understand. more questions to be asked. I accept that I Because of the uncertainty of the mining may be drawing a longbow, but when a worker industry, a mine worker or a rock miner could is injured and the worker's future and lifestyle find himself relocated between several States is to be affected by the scenario that I have in a five to seven year period. The damage to put forward, I believe that I have a right to the respiratory system could be caused while raise those concerns. developing a new mine in central Queensland, say, this year, 1996, and the onset of I wish to comment on the role that the symptoms and the disease could take several member for Gladstone has played in ramming years. The damage could be done today but legislation through the Parliament. Week after the onset of symptoms could take several week for several months I have watched the years. Then the mine worker moves to a mine Minister come up and whisper softly to the site in New South Wales after three years in member for Gladstone and snivel to her. She Queensland. He works in the industry for five has had the advantage of being part of the years in New South Wales and then moves process of preparing this legislation. Obviously, back to a Queensland mine, where after 12 she does not understand it; otherwise she months he becomes seriously ill and dies. could not truly support it. Ironically, the member for Gladstone represents a large The way I read the legislation, the mine industrial community where workplace worker would not be entitled to compensation accidents are a common occurrence. Her because he or she has not resided in the support for this legislation as their local State for at least five years prior to the onset member is a betrayal of the workers whom she of the illness. The injury to the respiratory represents and it is to the detriment of her system which was the beginning of the constituents that she will support the disease happened eight years prior to illness Government to pass anti-worker, anti-family and death in this State, and the worker is not legislation. entitled to compensation. It can happen. That is the history of that type of illness. It would The outcome is that, under this appear that the Minister lacks some legislation, injured workers will be worse off. understanding of the mining industry and the The legislation that this Bill replaces was never disease silicosis, and workers will be given the opportunity to work. Of the member disadvantaged by the Bill. It is leaving workers for Gladstone, Jim Kennedy, who was and families to fend for themselves on commissioned by the Government to head the sickness benefits when the worker should be inquiry into the State's workers' compensation getting compensation benefits. Poor drafting scheme, said— means that this part of the Bill will be difficult to "Independent Liz Cunningham, enact because of the nature of the industry sounding more and more like Senator and the disease itself. Cheryl Kernot, puts forward her reasons 4906 WorkCover Queensland Bill 4 Dec 1996

for opposing the reform package. Most of is made up already. That is her choice. Good it is demonstrably wrong. luck to her, but my heart goes out to those Clearly, she could not have read the people who will be destroyed by legislation report to make such claims, but that brought about because of a Minister's ego doesn't worry an Independent with the rather than the delivery of a scheme that gives balance of power. All authority, no the injured worker and his or her family a responsibility and accountable only to her chance to go on and live a reasonable lifestyle electorate. following a workplace injury. Good public policy can be rejected Hon. J. FOURAS (Ashgrove) on serious grounds as long as the local (4.04 p.m.): I am pleased to have the politics looks right." opportunity to speak briefly to this WorkCover legislation. In common with the previous My observations of the member for speaker, I want to speak about the timing of Gladstone are that she will only support the the debate of this Bill. Of course, there is no Labor Party to suit her self-interest. Her doubt that the provisions of the Standing support for this legislation only confirms in my Orders have been met. The Bill has laid on the mind that she is a closet National Party table of this House for a full six days. member who, like the coalition, does not really Nevertheless, it is such complex legislation care about the mums and dads and children that will impinge to a large degree on the lives who will be worse off under this legislation. of workers and their families that the many I intend to make it very clear to the people interested groups, such as the Law Society, in my electorate when they come into my unions, the Opposition and others, are upset office wanting help because of the failings of over the lack of time given to them to WorkCover Queensland that Mrs Cunningham scrutinise the Bill. Of course, some groups are chose to turn her back on workers and their also concerned about the lack of consultation. families. Every time I see a worker lose out because of the Bill, I will mention the integral Members opposite will find that they will role that the member for Gladstone played in have to pay the price for supporting this ensuring that this anti-family, anti-worker legislation not only in political terms but also in legislation was passed. She may be a soft- social and emotional terms. We all deal in our spoken woman who chooses her words own electorates with many injured workers who opportunistically to obtain the maximum have problems. Members opposite will have to outcome, but she is a politician who, as an defend the fact that this legislation denies the Independent, can make or destroy the lives of sort of protection that those people require. ordinary Queenslanders. She ignores the fact We in a progressive society have to make sure that Premier Borbidge has promised, on that workers and their families are covered winning Government in his own right, to against work-related injuries. When that cover implement fully the recommendations of the is either difficult or impossible to get, then Kennedy report. members opposite will realise the effect of the legislation that they supported. When that At the next election, there will be a situation occurs, I wonder what they will say to Government elected in its own right and the those injured people and their families. member for Gladstone, if re-elected, will become a solitary voice in Parliament. My When I was the member for South understanding of the Gladstone electorate is Brisbane, I was asked by a social worker to that workers want this legislation simply visit a Vietnamese family. The husband had rejected and thrown out. Their elected been very seriously injured. For some reason member has the opportunity to support the or other, he did not want to be pushy and Opposition in rejecting this Bill or lining up with come and see me. However, his wife did and I the Government to make it law. We on the went to see them. This family was living in Opposition side know the payback load on the abject poverty. As a member, I had to chase member's shoulders is too heavy to vote on up and fulfil his workers' compensation the moral grounds that she so openly requirements. If one of the anti-worker embraces. provisions that are contained in this Bill was in place at that time, that person could not get There is plenty in this Bill that is unclear workers' compensation. What would have and will cause the Government to come back happened to that family? What would have to this place to seek amendments. The happened to the children in that family? Opposition has given many good reasons why this Bill should be rejected. The member for I also remember quite an amusing story Gladstone has listened, and the reason she told to me by Tom Burns who was, of course, has not heeded our concerns is that her mind a friend of the meatworkers. A meatworker 4 Dec 1996 WorkCover Queensland Bill 4907 had injured himself at work. Of course, it is an should be a common understanding and a area in which a lot of people sustain injuries. common need for both the employer and the That meatworker went to Tommy and said, employee to get together, to give and take, "Look, mate, I have borrowed from my and to achieve a situation in which both of mother-in-law, my brother and my sister and I their interests are met. am now broke. What is going wrong with that In terms of common law access rights, the Workers Compensation Board?" Apparently, worker has gained, although there will be his file had been lost. Tom actually found out some impediments to overcome. However, about that and, knowing how tough things this legislation does not look after the interests were for him, was able to get his claim of the worker at all. As Mr Braddy has said, its processed. In fact, Tom hand-delivered a primary purpose is to reduce the premiums cheque to him on the Thursday before the paid by employers as quickly as possible. 1974 elections. On that day, Tommy was out From all the concern raised about the the front of the polling booth thinking, "Things premiums that employers pay, one would think are not looking too good but I have this that we would have very high rates, and it is bloke." The bloke walks in and discards argued that employment is a factor. It is Tommy's how-to-vote card and picks up a argued that Queensland's premiums are either Liberal one. On the way out of the polling the lowest or the second lowest of any State in booth, Tommy asked, "Wasn't I the member Australia. However, as we will be discussing who helped you get your workers' later, the industrial relations sector constantly compensation?" He said, "Yes, Tom, you're a tries to bring the price of labour down, and that great guy. I just voted against Gough does not improve the unemployment rate. It Whitlam." I guess that that is a story to help only lowers the living standards of Australians, some of us understand that even though we and in this case it will lower the access of help some people sometimes, other Australian workers to compensation. The circumstances come into play. average premium in Western Australia is 2.61 I remember when the issue of common per cent, which is 0.5 per cent higher than law was being debated and advertisements Queensland's, yet that State has the lowest were used to promote the issue. As an ex- unemployment rate in Australia. How can the Souths Rugby League footballer who used to argument about unemployment be validly play against Norths at Bishop Park—and in used in this situation? Of course, the problem those days we called it "Bash-up Park"; there is that Minister Santoro is more interested in were pretty tough boys around Bishop Park—I lowering premiums for employers and congratulate our former State of Origin removing workers' rights to compensation. He skipper, Trevor Gillmeister, on having the has refused to initiate genuine plans to stem decency to join Queensland workers to fight avoidance by industry groups. the excesses proposed by the Kennedy There are many objectionable aspects of report. Like a true Queenslander, he this legislation and I will summarise them understood that he had to stand up for the briefly. The legislation takes away workers' workers as he stood up to those Blues when basic rights to protection following a work- we had that great win in the year he led our related injury. It excludes workers not paying State of Origin team. PAYE tax; it redefines "injury" to limit and As the shadow Minister said very simply in frustrate the access of workers to his speech, for which I was present, from the compensation; it attempts to deny workers' beginning the Government had only one rights by giving employers the right of appeal; agenda with regard to workers' compensation, it restricts cover on journey claims—an issue and that was to reduce the workers' which was very well covered by the member compensation premiums paid by employers as for Fitzroy in relation to his constituency; and it quickly as possible. That seems to me to be denies the Australian ethic of a fair go. what this Bill is all about. It is anti-worker This is a punitive rather than a beneficial legislation. response to a problem. When I was a public When the Goss Government was in servant I was a member of the State Service power, I remember handing out some Union Superannuation Board. When the certificates to employers who, in terms of board members met, we discussed one workplace safety, were doing the right thing fundamental principle, that is, that we had a and taking preventive measures. They were mandate to provide superannuation for our being rewarded by the Workers Compensation members. The board represented the Board in the form of those certificates. I Government and I was also a union remember saying then, and I meant it, that in representative on the board. We were very my view it is a two-sided argument. There proud that we looked at every situation that 4908 WorkCover Queensland Bill 4 Dec 1996 came before us in a positive rather than a a stronger link between employment and the punitive way. Our objective was, if possible, to injury, and that seems fair enough. However, ensure that rights to superannuation were let us look at the full impact of that change. upheld. People with a predisposition to stress could be Before the 15 July 1995 election, and denied compensation under the new definition particularly before the Mundingburra by- of "injury". A friend of mine who is a doctor election, Mr Santoro and the Premier told said that that is extremely unfair. It will have Queenslanders that the former Labor dreadful consequences, because it removes Government was threatening common law people's rights to workers' compensation. The rights and that they would support them come family of a person who cannot work because hell or high water. In my view, the issue of he or she is stressed and has a predisposition common law rights is not well understood to a psychological or psychiatric injury, even because it is fault based, rather than being though that condition is out of their control, will based on employer negligence. When an be denied compensation. employer is negligent, why should people not Mr Kennedy went to a lot of trouble to talk have the right to sue? As the member for about the shams that can be involved with Lytton has said, somebody can slip over in back injury claims. Many people with back front of K mart and be covered, but a worker injury have now been diagnosed with the who slips over in the workplace because aggravation of a pre-existing degenerative somebody has left water on the ground is not disease. If the aggravation is work related, covered. then the worker is looked after. However, the This ridiculous debate has been new definition could well deny those people perpetrated for cynical political ends by the compensation by ruling out all forms of current Government. Three actuarial reports aggravation. I am sure that Mr Santoro is were made: Kennedy believed that the deficit indestructible right now, but as we get older we was $290m; before long, Minister Santoro said all suffer some degree of degeneration and it was $400m; and then Premier Borbidge we get weaker. Some of us are fortunate to sit went one better by increasing the deficit by here and sell bunkum and bluster, as the two and a half times and saying that it was $1 Minister is known to do from time to time. billion. He is the master of hyperbole and However, others have to work until they are misrepresentation and yet, today, he was over 60 years of age. What happens to them? piously spruiking about the need for truth in A person can work hard all of his or her life political advertising. and get some degree of back degeneration, which is natural. If that person's work is such Mr Ardill: They have been using that that they cannot continue it, what will happen sort of argument for 80 years. to them? Under the old definition of "injury" Mr FOURAS: Exactly, and people are they were covered; under the new definition, starting to wake up to it. Some concern was they may not be covered. That is a very expressed about a rapid escalation of claims, serious problem. but many people have said that the situation Mr Robertson: Or in Mr Santoro's case, has now plateaued and that if the surcharge is it may be as simple as a bruised ego. maintained, the deficit will be solved by the year 2000. Therefore, why belt the workers? Mr FOURAS: Of course. He has been known to sulk with greater ease than those Mr Ardill: It's not the first time it's been people would claim workers' compensation. in deficit. It was in deficit during the 1930s to a larger degree than it is now. The provision relating to experience based premium ratings highlights the fact that Mr FOURAS: That is right. I am very the Government intends to lower the pleased to hear someone say that this is not premiums of employers and ensure that the first time. employees do not get a fair go. Where there is The legislation proposes a new definition more than one business operating in the of "injury". The current definition of "injury" same workplace, the premium rate currently requires that employment be a significant applied is that of the business activity with the contributing factor in the injury. The legislation highest rate. The premium rating is applied at changes the definition so that employment will the highest industry rate. People could not be "the major significant factor" causing the fudge the figures. Now there will be a injury. The legislation is trying to exclude those replacement of the current merit bonus system injuries which have a lesser work-related with the experience based premium rating component. As the Minister said in his second- system, which is intended to quickly fix the reading speech, the new definition will require premiums paid by employers at a lower rate 4 Dec 1996 WorkCover Queensland Bill 4909 than is currently paid. I do not see any employee. The Government was not able to justification for that at all, because the bonus remove common law access completely, but scheme was working well. Now there will be an we are still left with a great imbalance. adjustment according to an employer's claims Members opposite will rue the day that they experience—something which will result in passed this legislation. They will have to deal lower premiums. That will mean that there will with people who will miss out and whose be less money in the pool and less money families and children will suffer because they earning interest. That will have a very negative are forced to live in abject poverty. We will pay impact. a big price for shifting from a scheme that was In addition, this legislation will introduce beneficial and which protected the rights of self-insuring and self-rating. For example, what workers. would happen if Mount Isa Mines decided to Time expired. go onto the self-insuring and self-rating Mr ROBERTSON (Sunnybank) scheme? I would not have any complaint if it (4.24 p.m.): I take pleasure in joining with my did that, but what would be the outcome? The colleagues on this side of the House to outcome would be that the board office at oppose this legislation. Over the past two Mount Isa would close and workers would be days, many members from this side of the sacked. What would happen to a worker at House have spoken in opposition to the Bill, Mount Isa who does not work for Mount Isa and for good reason. When members look at Mines? Who would look after that worker? the past experience of some members on this Similar examples could be found in other side of the House, they will understand what places where big companies, such as BHP, many of us, as former union officials, bring to operate. Importantly, that will lead not only to this place, that is, significant first-hand staff losses but also to a reduction in workers' experience of how workers' compensation access to claims. I also have concerns about operates and has operated over many, many the restrictions in respect of journey claims. years. What would happen in respect of somebody on medication? The legislation is not clear Although I do not wish to unnecessarily about that. Would being on medication antagonise members opposite, I will highlight disqualify a person? the contributions made by many members to this debate. For example, the experience that In my remaining minutes, I wish to speak the member for Bulimba has in the about the corporatisation of WorkCover. When construction industry is well known. The SGIO was corporatised, the experience in the experience in the electrical industry of the public sector was that a lot of workers did not member for Nudgee is also well known. So, move across to the corporatised entity. Sadly, too, is the experience in the mining industry of officers dealing with workers' compensation will the member for Fitzroy, Mr Pearce. I, too, be lost. A lot of those officers with vast have experience gained from spending 10 experience and skills will leave. This is an years in the fire service industry. It is in relation example of insane micro-economic reform, to that industry that I wish to make some globalisation, and cuts to staffing and costs. comments today about this Bill. Not only will this mean a loss of services; it will also mean a loss of workers. A person's right However, before concentrating on the to work is sacred. The dignity that comes with impact of this Bill with respect to firefighters— having the right to work is fundamentally professional, volunteer and auxiliary—I wish to important. The move to this corporatised entity express my concern that it would appear from will result in the loss of a lot of people from the the contributions of members opposite that Workers Compensation Board. People with a their sole driving force behind this legislation is lifetime of experience will decide not to stay. to somehow demonstrate to employers that over time the Government will reduce their It is unacceptable that this legislation will premiums under the Workers Compensation exclude workers not paying PAYE tax. The Scheme. That is a hypocritical stance, legislation will redefine "injury" and limit because a few months ago we saw the workers' common law access. It will deny presentation of a Budget which contained workers their rights, because employers will be what is now known commonly throughout this gifted a right to appeal. Other members have State as the seven deadly taxes. While spoken about the restrictions on journey Government members wish to present claims. themselves to the business community as In the end, the problem is that this being pro-employer by trying to introduce legislation does not strike a balance between changes to the Workers Compensation the interests of the employer and the Scheme to reduce premiums, nevertheless 4910 WorkCover Queensland Bill 4 Dec 1996 they take with the other hand in respect of the fine Kenilworth pub as he was, may have had seven deadly taxes. only one light beer, but technically he has— Let us be under no misapprehension that and I just cannot find the words in the Act— what this Bill is all about is a straight-out attack engaged in an activity and imbibed a on the Workers Compensation Scheme, a substance which may affect his judgment. If scheme with a very proud history dating back this rural firefighter answered a call to a fire to 1916. It was a scheme introduced by a station by running across the road from where Labor Government and improved throughout he was having a drink in the pub with his much of this century by successive Labor mates on a Saturday afternoon—which Governments in this State. With the return of happened at Kenilworth—and that worker is the conservatives to power in this State, we injured, he may not be able to claim workers' now see an all-out attack on the scheme. compensation under the definitions contained in this Bill. That is my reading of it. I would be As I said in my opening remarks, I bring to happy if the Minister could allay those fears, this place 10 years' experience as a union because this happens not only to firefighters official in particular in the fire services, and I but also to ambulance officers. I have another am gravely concerned that this Bill impacts so example. harshly on that group of workers. On about pages 34 and 35 in Chapter 1, the Bill Mr Santoro: I will just answer that now. contemplates the inclusion of volunteer and As soon as they are called out, they are on auxiliary firefighters, ambulance officers and duty. In other words, as soon as they get a call counterdisaster employees. That is certainly to come out, they are on duty and they are appreciated and maintains the existing covered under the journey claim provisions. position. Interestingly enough, that is the Mr ROBERTSON: If that is the position argued for by my organisation some definition, I am happy to take the Minister's years ago. That is probably instructive, word for it, but—— particularly for the member for Charters Towers, who spoke earlier today about the Mr Santoro: Well, it is classified as work contribution of rural firefighters to fighting fires travel, so as soon as they get called out they over the past couple of days. This Bill takes are on work travel. away some existing rights of protection for the Mr ROBERTSON: I suggest that rural firefighters that the member was perhaps that does need clarification in the Bill. defending this morning, particularly in relation I am happy to take the Minister's word for it to the journey claims question. and I am pleased with that, because there are Mr Mitchell: Only the journey to their a multitude of circumstances—— workplace. Mr Santoro: You must appreciate that Mr ROBERTSON: Let me finish the there is no substantial change to that provision argument. It might be instructive for Mr other than the contributory negligence Speaker to know that I happened to be at the provisions. Kenilworth Hotel a couple of weeks ago. While Mr ROBERTSON: I appreciate that, but I was enjoying a beer and the hospitality of the I still seek clarification because there are a licensees of that fine establishment, the siren multitude of circumstances that can affect went off at the fire station. Of course, auxiliary volunteer and professional emergency service firefighters ran from a number of places, workers. I cite as an example the case—and it including the pub. A couple of them were at happened during my time with the firefighters the pub having a beer when they were called union—in which an off-duty firefighter came out to an emergency. Although I see the across a motor vehicle accident. He did the Minister's adviser shaking his head, my right thing and stopped at that accident, reading of the Act suggests that, if those assisted the occupants of the vehicle and people ran out of the pub to the fire station to injured himself. It was a classic back injury, answer a call, that would not constitute a from memory—it is going back to about 1986, journey for which compensation would be so my memory is a bit dodgy on it as well. The payable if, for example, while crossing the practice traditionally has been that the Fire street they were run over by a car. That is a Brigade, as it was at that time, would matter of real concern. retrospectively book the employee on duty—— I will again use the example contained in Mr Santoro: What happens, if you have this Bill as it relates to activities by the worker a look—and I will find some specific examples that may somehow damage or affect that for you—is that that person has put himself on worker's right to claim compensation. For duty by performing a normal duty at the site of example, that auxiliary firefighter, sitting in that an accident, so he would be on duty. 4 Dec 1996 WorkCover Queensland Bill 4911

Mr ROBERTSON: Yes, but there is a Mr Santoro: Can I suggest that that is requirement for reasonableness by the detail that you can look into once the employer. Back in the old Fire Brigade Board regulation comes in. If you're not satisfied with days there were cases in which, because it, you're at liberty to move a disallowance. booking the officer on duty would incur overtime payments, the employer has refused Mr ROBERTSON: Absolutely, but out to acknowledge that. of respect I am just advising the Minister that that is a potential problem, hoping that justice Mr Santoro: I think it would be a very will prevail and there will be no attempt to in callous fire chief who would deprive somebody fact do that. in those circumstances of reasonable access to workers' compensation. The final matter that I want to talk about is Mr ROBERTSON: It saddens me to the representation of workers at mediation inform the Minister that there have been cases conferences. I spoke briefly to the Minister of such fire chiefs being so callous. about this matter earlier when he was sitting on this side of the Chamber. Throughout this Mr Santoro: So your benign influence legislation it is envisaged that at mediation failed there too, did it? conferences or other forms of hearing to Mr ROBERTSON: No—we succeeded determine compensation payouts or in defending on each occasion, but I thank the settlements, the worker will be represented by Minister anyway! a lawyer. Part 6, which talks about the Another matter that pertains to firefighters settlement of claims, refers to the lawyer is the classification of normal weekly earnings. advising the worker and in fact the mediator of The Minister may not know this, but firefighters possible or proposed costs incurred in have traditionally had what is called a representing that worker. What it does not composite wage, that is, they get paid the contemplate—and again I am using the same amount week in, week out no matter example and experience of my former union, what hours they work, the composite nature of where we did so much of our own advocacy the wage being made up of weekend shift work without the use of legal penalties that are averaged out over the shift representation—is that a union, for example, roster. So irrespective of whether they work would incur significant costs and would, two nights or a weekend during a particular through representing that worker, have a right week, their wage does not change. to claim costs. Those costs can be quite significant. For example, the way that we used What concerns me about this legislation is to operate in my former union was that we that although I understand what "normal would engage expert medical opinion to weekly earnings" means—and that would support the worker and therefore be seeking certainly protect the firefighters with their expert medical reports, which would often run composite wage rate—subclause (3) states to hundreds of dollars. We would ensure that that "normal weekly earnings are calculated as the worker was not disadvantaged in any way prescribed under a regulation", in other words, in terms of meeting appointments with those without the scrutiny of this House. At this point specialists. We would provide all sorts of other in time I have to raise the concern that any assistance, including advocacy and research, regulation that somehow takes away the for that worker. application of shift and weekend penalties will adversely affect the compensation that, in this Mr Roberts: We did all that for the price case, firefighters receive. I imagine that this is of their membership. happening more and more. It would apply to Mr ROBERTSON: We did all that for the police under their new enterprise the price of their membership, and I am about bargaining arrangements with shift penalties. It to come to that. Although it is a matter would apply also to other shift workers where contained in another Bill before this House, it there has been a move away from getting the is worth advising the Minister that this is a real penalty at the time it is incurred to an problem. This legislation should recognise that averaged system. Any attempt to define in workers can get representation other than that regulation that "normal weekly earnings" does not include weekend shift penalties and legal representation before medical boards, other forms of regular penalties would have an etc., and that those representatives, including adverse impact on the income of those the proposed worker's advocate, which is particular workers. I can see that the member contained in the Bills to be debated early next for Charters Towers is now having a second year, will have costs and those costs should think about this Bill, and I predict that he is be part of the settlement reached in any claim about to jump. by a worker. 4912 WorkCover Queensland Bill 4 Dec 1996

The Minister may wish to change the term Bill before the House and I do not want to "lawyer" to "representative" or "accredited engage in too much detailed debate about it, representative", or it may be suitable that the but we are certainly going to return to this free Minister make some statement in his reply to market industrial representation in early 1997. accommodate the concerns that I have raised. This is going to be a significant matter in the For these reasons and many others, I Industrial Organisations Bill, in which the oppose this Bill and look forward to the Minister is proposing a whole range of small support of a majority of members of this place enterprise-based unions and that unions in the amendments to be moved by my should go out and shop around more for colleague the member for Kedron. membership by providing a whole range of Hon. S. SANTORO (Clayfield—Minister services. They can only provide that range of for Training and Industrial Relations) services because they cannot charge the (4.42 p.m.), in reply: I wish to thank all worker for them. They cannot charge at honourable members for their contributions. I market rates the worker they are trying to will make a few introductory remarks and then represent. Clearly, they must have access to address some of the specific concerns of some costs in the Minister's deregulated honourable members who have spoken. industrial organisation environment that the Minister contemplates in his Industrial As honourable members are aware, the Organisations Bill. financial difficulties experienced by the Workers Compensation Fund developed Mr Santoro: What about the dramatically during the 1990s. There are membership fees that union members pay; clearly a number of factors which have don't you think that that's one of the reasons contributed to these difficulties, although by far why—— the predominant cause is the increasing Mr ROBERTSON: But they are number and costs of common law claims, and subsidised. this has been acknowledged by all speakers in Mr Santoro: But do unions at the this debate. moment charge workers for other legal Those opposite refused in this place to services? disclose the full facts when they last opened Mr ROBERTSON: I am giving the up the Act, and the coalition, when in Minister the example of my union. In the last Opposition, made a commitment to holding an year that I was there, it charged dues of $285 inquiry to discover the truth. Upon coming to a year. If a worker requires expert Government, the coalition was presented with representation before the Medical Board, that a bleak picture of the state of the fund by the worker would be provided with free legal Division of Workers Compensation. As the advice, free legal representation or the time, responsible Minister, I was concerned that the research and resources of the union if the full facts be disclosed and a fair and lasting union chose to represent that worker directly. solution to the scheme's difficulties be found. There is no way in the wide world, when The only way to achieve this was through a adding up all of those costs, that that $285 a public inquiry, with terms of reference year in union dues that worker paid would sufficiently wide to allow the technically have covered that. complex and interrelated aspects of the Mr Santoro: But a lot of people draw on workers' compensation system to be the resources of the pool and those individuals considered together in any reform process. that need it benefit from it. The extensive review, conducted by Mr Mr ROBERTSON: Absolutely, and that Jim Kennedy, resulted in recommendations for has been our point in objecting to the fundamental changes to create an equitable, Minister's industrial legislation all along viable and efficient workers' compensation because it is the Minister who is wanting to insurance system for Queensland. It was the change that system. It is the Minister who is first ever public inquiry conducted into the advocating that unions need to shop around Queensland scheme since its inception in more and become more client focused. They 1916. There has been extensive consultation can only be more client focused if they can undertaken, both during the inquiry and since charge market rates and recover the costs that the report was handed to the Government. they expend. If they do not recover the costs Numerous contributions were made during the they expend in that kind of environment, like inquiry by individuals and organisations who any other business they are going to be out of had an interest in ensuring that the report business before too long. That is an absurd presented a balanced solution to the issues proposition. As I said, that relates to another which needed to be addressed. 4 Dec 1996 WorkCover Queensland Bill 4913

Since the Government received the group, in direct response to recommendations Kennedy report, there have been numerous 58 and 77 of the Kennedy report. The discussions with stakeholders and members of committee's observations on how these Parliament to resolve issues arising from some provisions may operate are accurate and it is of the more contentious recommendations. As the intention of this Government that they has been demonstrated in all jurisdictions, the operate in that manner. path to a solution when workers' I would draw to the committee's attention compensation difficulties arise is never an the objects of the Bill in clause 6, which easy one. There are competing interests, and "makes changes to the law to strengthen the real challenge lies with finding the workers' obligations for their own safety in appropriate balance between fair and employment." It is the Government's intention equitable benefits for workers and reasonable to change the law in this regard as reflected in premiums for employers. There are the Bill. procedures and processes which must be implemented to assist in achieving this Turning now to the final point of concern balance, but in the end it is the balance which raised by the committee, the committee's is important. observations on further appeals from decisions of medical assessment tribunals are noted. I I wish to refer to the valuable comments would like to point out that tribunals in most which have been made by the Scrutiny of instances do in fact operate as an appeal Legislation Committee. I wish to thank the mechanism against adverse decisions where committee members for their contribution to medical issues involving the administration of the scrutiny of this legislation. I would like to the legislation are in doubt or are in dispute. take this opportunity to clarify the issues of However, where a decision regarding a claim concern raised by the committee. The first of cannot be made by WorkCover because of these relates to the definition of "injury". At the complex medical nature of the issues, the paragraphs 2.4 to 2.7 of the committee's matter is referred to a tribunal for its report, the committee raised a concern adjudication. regarding the interpretation of the provision at clause 34 of the Bill in light of the explanation I point out that the Bill does not attempt provided in my second-reading speech. I to change the current law regarding the finality would like to take this opportunity to clarify for of decisions of medical assessment tribunals. the House the precise intent of clause 34. The This is a comment that should be taken on following statement should be read in board by all members in this Chamber, substitution for that part of my second-reading particularly those who contributed to this speech that has been highlighted in debate. Also, decisions made by the tribunals paragraph 2.5 of the committee's report— were the subject of detailed analysis by this Parliament during consideration of the EARC "The new definition will require the recommendations on electoral and link between employment and the injury administrative reviews. A parliamentary to be stronger. This is intended to ensure committee, chaired by Dr Lesley Clark, the that employers are only held liable for an former Labor member for Barron River, injury where their employment of the recommended that tribunals be retained in worker was the major significant factor their current form, since the alternative causing the injury, and, in the case of an proposed by the EARC report would provide injury which consists of an aggravation or "no greater level of expertise". acceleration of a pre-existing non-work related condition, where the employment As a final comment regarding the committee's report, I would like to thank the was the major significant factor causing committee for its findings which commend the the aggravation or acceleration of the pre- drafters of the Explanatory Notes and existing non-work related condition." legislation and I would add my support to As such, the Government's view is that the those comments. I also acknowledge the definition contained in the Bill should stand. comments of the honourable member for Turning now to the next matter raised by Caboolture in this regard. I am pleased to give the committee, dealing with clause 314, full credit to my advisers, the people within the regarding comments on the potential overlap department and, of course, the parliamentary between provisions in clause 314(1), I advise draftsman for the very valuable contributions that these provisions were drafted by they have made to this aspect of the debate Parliamentary Counsel on instructions from Mr and the Bill. Ian Callinan, QC, as special counsel assisting I now wish to turn to some of the specific the inquiry and chair of the legislative working comments made by honourable members 4914 WorkCover Queensland Bill 4 Dec 1996 who spoke to the Bill. At the outset, on a light I do not want to be too pointed in this note, I should say that as those members regard, but I remind honourable members of opposite stood up and made personal what I have said previously, that is, when we references, I was very happy to be able to were in Opposition, the Labor Government did reflect on the dispositions of my mother and not provide members of Parliament with my wife and subsequently the honourable access to the actuaries and did not provide member for Gladstone and some members on information to the Parliament regarding the my side, because otherwise I would have state of the fund. In contrast, the coalition has thought that I was the most wicked person into been a model of propriety in relation to making whom God ever put breath as I came into this information available to all sides of the House place to bring this Bill before the House. and the general public, including stakeholders Nevertheless, it is not my intention to be as and other interested parties. personal as some other members became In relation to the concerns expressed by during the debate because I believe that, in the honourable member and other members essence, we all act in good faith in this place on the other side of House about the removal and we should continue to do so. of staff from the Public Service—it is true that The member for Kedron made several all staff are being transferred to WorkCover. As comments. He said that basically the changes the honourable member for Gladstone and to the definition of "injury" are immoral. My others have acknowledged, the staff will retain response to that is very simple. The changes all existing conditions on transfer to to the definition of "injury" will in fact achieve WorkCover. The enterprise bargaining process what Labor's watered down 1994 will commence as soon as the statutory amendments failed to do, that is, to provide authority becomes operative. I assure the benefits for injuries and aggravations where honourable member for Gladstone that if work is the major significant factor. I would redundancies were necessary—and I said suggest that Labor's changes will not work and "were necessary" not "will be necessary"—at in fact do penalise employers for injuries that the end of the period, those employees who are not sufficiently work related. were transferred out of the Public Service under WorkCover would retain all of the In common with other members, the benefits that they have accrued during their honourable member also made some fairly time as public servants. I have confirmed that strong comments in relation to restriction of with the advisers. I am pleased to give the journey claims. Excluding in-home injuries is in honourable member for Gladstone that keeping with the changed definition of "injury", assurance. which must be work related. It also removes the penalty currently applying to employers for As to the avoidance of the payment of injuries for which they are not responsible. As premiums—it has been asked why the one honourable member on the other side of Government did not attempt to do something the Chamber suggested, it does reduce the about non-compliance before moving in potential for fraud, including the old and relation to common law. If members of the famous football injuries. It does provide Labor Party were so concerned about protection for workers while going to and from avoidance—and they have made much of the work. Even without the strong representations avoidance issue—why did they not introduce made to me subsequent to the release of the appropriate legislation as part of their 1994 Kennedy report, after receiving some input, I amendments or as part of those amendments did see some merit in leaving some form of that were put in place at the beginning of this journey claim provision within the Bill. year? I respectfully suggest to honourable members that the definition of "worker" will The honourable member opposite also significantly reduce the problem of premium requested that data be published on a avoidance by clearly defining who is a worker monthly basis. The Bill provides for quarterly and allowing for greater auditability to stop updates. I have already made ample employer rorts. commitment to keeping the House and the Considerable mention has been made by people of Queensland very well informed of all members about Kennedy's any information that comes across my desk. I recommendation in relation to workplace have demonstrated that through what we health and safety. I again take up the point have done to date in this place. That will that was made by the honourable member for continue to be my practice, that is, keeping Mount Ommaney when he said that the everyone, including the Opposition, informed inquiry has been initiated and we are of developments as soon as they occur, proceeding as quickly as possible in relation to particularly via the Parliament. it. I reiterate to honourable members what I 4 Dec 1996 WorkCover Queensland Bill 4915 have said previously in this place. When I law actions had gone through. The suggestion became the Minister for Training and Industrial was that 3,000 claims last year can be Relations I sat around the tables with the reduced to three claims this year, simply as a advisory committees, which are of a tripartite result of Labor's restriction on access to nature. During those meetings I was told by common law through its 20 per cent the likes of Bill Ludwig and Wally Trohear, the irrevocable election. Clive Bubbs and the Paul Fennellys, and the I say that that suggestion is insulting to experts in workplace health and safety that the intellectual argument—and I use that term they thought that, under the previous loosely—that has been running through the Government, workplace health and safety was Opposition's entire debate of this issue. The heading in the right direction. They favoured Leader of the Opposition is saying that a the non-prescriptive nature of the direction. I transparent 15 per cent common law threshold did not receive one complaint via the advisory need not be introduced because Labor's committees, which were set up by the previous reforms knocked out all common law claims Government and which approached the issue this year bar three. Can honourable members of workplace health and safety in a tripartite see the hypocrisy and inconsistency in that fashion. argument that the Leader of the Opposition When members opposite criticise what is and other people have used? The happening in terms of workplace health and Government says that common law is the safety, they criticise their own legislation, the problem. The members opposite acknowledge legislation which they introduced when they that it is the problem but go on to say, "We were in Government. They are criticising their have knocked out common law because only own advisers. I have kept those advisers; I three have snuck through this year." I have not sacked anybody from the advisory respectfully suggest to honourable members committees. The record of those meetings will opposite that that is the biggest weakness in show that they were happy with the direction their argument. of workplace health and safety. As I have said previously, I hope that What Kennedy recommended came to members opposite are right and I hope that I me like a bolt out of the blue. He said that the am wrong in relation to the effect of Labor's direction of workplace health and safety reforms. We will see whether common law needed to be toughened up. He said that we access has been reduced to the level at which needed to review the Division of Workplace the Leader of the Opposition boasted. If that Health and Safety. That is precisely what we is the case, his argument is our argument, that are doing. We are proceeding with all due is, that common law is the problem. What he haste in relation to issues of workplace health is saying is that he has solved the problem of and safety. Later this evening, particularly if common law because so few cases have the House is to rise, I will make a statement to snuck through. I do not want to be personal the House that will show just how quick and and I do not want to be too pointed, but that is how prompt we in this place are in accepting the biggest weakness in the argument of tripartite advice in relation to workplace health members opposite. They cannot get away and safety. We should never muck around from that, because it is on the record. with workplace health and safety issues, As to the contribution of the Deputy irrespective of which side of the House we sit Leader of the Opposition—he made a very on. forceful contribution to this debate and again The honourable Leader of the Opposition proved that, when it comes to people who also rose to speak. He repeated much of what wreak personal abuse on members, very few the shadow Minister said. I will not go into all are able to match him. I will answer the various the points that he raised. I will make one points that he made. Again I will do that in a comment in relation to one major point that he civil and considered manner. The Deputy raised. He said that the Labor Party's reforms Leader of the Opposition said that the were working. I want all honourable members, Government was making changes to the particularly those opposite, to listen very process for lodging an appeal with an carefully to this point, because it is very industrial magistrate. I can assure the House, instructional about the underlying theme of as I did in my second-reading speech and this debate. The Leader of the Opposition said elsewhere, that that is totally incorrect; there is that the Labor Party reforms were working no change. He also asserted that the because three out of 666 claims for common information regarding whether workers are law had been rejected compared with the PAYE taxpayers is confidential between the 5 per cent estimated by the actuaries. In other employer and the Australian Taxation Office. words, he was saying that only three common In terms of the Australian Taxation Office 4916 WorkCover Queensland Bill 4 Dec 1996 relationship, the honourable member is right; The change relates only to the removal of the that information is confidential. However, his board's discretionary power to extend the time comment is still ill informed, because access to frame for lodgment. It was considered confidential taxation records is not required. inappropriate for the board to have a The time and wages records required to be discretionary power which related to decisions kept under the industrial relations legislation of a complex medical nature. That, I suppose, are accessible under the current workers' is what makes this Bill unique when it comes compensation system and will be accessible to the appeal mechanisms. We are dealing by WorkCover. Both the employer's report and with issues that are not issues of simple the injured worker's application form will debating points or matters; they are issues request—I stress "will request"—the that strike at the heart of medical conditions information regarding whether the worker is a and for that reason that particular provision PAYE taxpayer. The audits, I again has been inserted. I suggest that the appeal respectfully suggest to honourable members provision has been given to a more opposite, will limit the potential for fraud on appropriate forum, the medical assessment claims and premiums. tribunal. The assertion of the honourable member There was also an assertion that the for Capalaba that employers will appeal reduction was from 60 to 28 days in which against every claim because they do not want workers could lodge an appeal with the to lose their merit bonus and workers will have magistrate. The honourable member clearly to defend themselves against employers has not understood what the changes of the shows what a misapprehension he is under in review and the appeal process involve. A relation to this legislation. The merit bonuses formal review process has been introduced to will no longer apply when the experience rating provide a prompt review at no charge to the system is introduced; therefore, his comment worker and without the stress and rigours of about merit bonuses is irrelevant. It is going to court and the need for lawyers. A absolutely irrelevant to the experience based worker may still appeal to the magistrate. rating system. There is a 28-day period in which the worker However, I can assure the House and may lodge a review. WorkCover then must particularly those honourable members who advise of the decision within 35 days. The asserted that employees would lose the worker then has 28 days in which to lodge an benefits that workers, even when an employer appeal to the industrial magistrate. has lodged an appeal, will be paid the benefits Honourable members on the opposite side— where WorkCover has accepted a claim. An those who can count—would appreciate that employer cannot lodge an appeal unless a this means 91 days between the time of the claim has been accepted, and only then can initial decision and the lodgment of the appeal an employer seek a review. Employers must to the Industrial Magistrate, not 28 days. seek a review with WorkCover first before they I turn now to the contribution made by the can appeal to the industrial magistrate. During honourable member for Bulimba, Mr Purcell. I that time, the benefit is still paid. It goes want to go on the record as saying that of all without saying that if WorkCover does not the members opposite who spoke, I do accept support the employer's view and the employer that he speaks in good faith and has a chooses to pursue the industrial magistrate tremendous amount of knowledge—probably option, then WorkCover defends its decision at far more knowledge than I or many others in no cost to the worker. It can be seen that that this Chamber have when it comes particularly provision is not anti-worker. The benefits are to his beloved building industry—and I do still paid. When the employer takes on the believe that he speaks from the heart. I am worker, the chances are overwhelmingly in sure that after those few words, if he ever had favour of the worker being represented by any promotion prospects within the Labor WorkCover because WorkCover presumably Party they are well and truly dead. His has done its work, will stick by its decision and assertion was that because of the definition of will look after the worker when he is before the "worker", 80 per cent to 90 per cent of workers industrial magistrate. Again, I can only assume in the building industry will not be covered and that people do not understand what this therefore that would lead to premium legislation is about. avoidance. There was also an assertion that there First of all, I would like to thank the was a six-month time frame for lodgment with honourable member for availing himself of the no appeal available. My response to that opportunity to be briefed by the board. I simply again is very simple. Section 100(1) of Labor's say this in response: the PAYE definition of 1990 Act also states a six-month time frame. "worker" clarifies who is and who is not 4 Dec 1996 WorkCover Queensland Bill 4917 covered by workers' compensation for both the retention of carry-over provisions will in fact employees and employers. Some 95 per cent be maintained. of people in employment are currently PAYE The question was also asked of me: will taxpayers. To come under the PPS payment, the Minister revisit the Act when a better payment must be under a contract for services picture is available, particularly if it is in a prescribed industry. The tax department demonstrated that injured workers are being says that a payment made to an employee as penalised unfairly? I again suggest to the salary or wages is not a prescribed payment. honourable member and to all other Payment of salary or wages to an employee honourable members in this place that it would under PPS is a breach of the Federal tax laws, be a very callous Minister and a very callous not a breach of Queensland workers' Government who would not monitor the compensation laws. I suggest, with respect, to effects of any legislation that comes into his all honourable members that enacting laws place. I think that any responsible Government that condone or promote breaches of another needs to be cognisant of the impact of its law would be a very bad practice indeed. If we legislation on people—ordinary employees acceded to that request, that is what we would and ordinary workers. Without any hesitation be doing. I do not think that that is an or qualification, I give that assurance not only acceptable legislative process. Cover can be to the honourable member for Gladstone but provided, as the honourable member for also to all other members within this place. Gladstone clearly understood and picked up, under WorkCover under the "other persons" The honourable member for Archerfield provisions. I give an undertaking to the House said that we were restricting rights for the first and to the honourable member for Gladstone time in 80 years. I have made the point before that a massive campaign will be undertaken to that it was the Labor Party that first started inform employees and employers in restricting access to common law when it Queensland of the changes to the definition brought in its 20 per cent irrevocable provision. and the implication that the changes will have I do not want to labour the point or rub salt on PPS taxpayers. into the wound, but that is a fact. It was members opposite who in fact touched There are nine specific industries which common law for the first time. are covered by the PPS taxation and these In terms of the contribution made by the include the building and construction industry member for Everton that larger employers in and the transport industry, but not the rural or particular will be shielded from their the agricultural industry, which I think the responsibilities associated with poor work honourable member may be under a practices, I point out that that point was made misapprehension about. What I would by other members. I again say that the new respectfully suggest to honourable members is experience rating system will ensure that that the definition will limit premium avoidance premiums paid are directly related to the cost and employer fraud will be significantly of claims, and this will particularly affect poor- reduced. Again, particularly when we are performing and larger employers. drafting regulations, if the honourable member has any major concerns in relation to the way To those honourable members on my in which these provisions will apply, I will be side of the House who had the insight to read happy for him to be consulted and for his the legislation and to understand its particular advice to be provided to my offices. applications, I thank them all for their support. I think it is important that they have faith that I turn briefly now to the comments made what we are putting before the House is not by the honourable member for Gladstone. anti-worker or anti-employer, it is a piece of One of her major points was that there was a legislation that seeks to strike a balance. I need to ensure that all workers were well suppose the proof of the pudding will be in the advised of their responsibilities and coverage eating. As I have said to the honourable under the new legislation. I have just given member for Gladstone and others in here, we that commitment. We will seek to work closely will continue to monitor the situation. with the Australian Taxation Office and other In closing, and as I indicated in my units of public administration in order to give second-reading speech, the changes which effect to that intention by the Government. have occurred to the Kennedy Also, the honourable member sought recommendations have impacted to such an clarification of the retention of carried-over extent that in all probability the overall provisions for staff after the three-year period remaining package will be insufficient to arrest for employees moving across to WorkCover. the haemorrhage of the fund resulting from That assurance is given. As I said previously, the common law claims for mild injuries. 4918 WorkCover Queensland Bill 4 Dec 1996

For the sake of so many Queenslanders, Mr Kennedy's position was clear: his 79 including not only those workers who are recommendations were to be taken as a injured in the future but also those package to fix the problem within three years if Queenslanders whose livelihood depends on they were implemented in full. the ability of Queensland business to remain cost competitive and continue to employ What is clear from the contributions to this debate from the Leader of the Opposition is people in this State, I hope that the measures that the Labor Party has not changed its contained in this Bill will arrest or even reverse the decline of the fund. As I stated previously, fundamental attitude to the workers' compensation problems. Labor's attitude to a I will be very pleased to have both Jim funding crisis was to put up benefits for Kennedy and myself proven wrong and the optimists proven right if it means that the workers and to put up premiums to employers. When the member for Mount Coot-tha Workers Compensation Fund returns to full solvency based on the restricted reform introduced Labor's 10 per cent levy, she said measures I have introduced. that it would apply for five years. So much for that promise to the employers in this State! I say that because I have not made the Labor will cripple small business in this changes contained in the Bill lightly. The State with workers' compensation premium changes in the Bill are needed desperately hikes. In all other Australian mainland States, because of the plight of the fund. I could have Governments of both colours have accepted taken the soft option like Labor has done in the reality that increasing premiums alone is the past: I could have imposed an excess on not the solution. The solution to a funding employers; I could have imposed a levy on black hole is to have a balance between employers; I could have increased premiums reasonable benefits and reasonable to employers by 53 per cent, as the Labor premiums. Anything else is a recipe for Party did. However, while that would have disaster. That is exactly what the Leader of the been the soft option, it would have been an Opposition says that he will promise the unbalanced option as has been shown to be people at the next election. I hope he keeps the case with Labor's soft option reforms. that promise. The thought of more financial Governments are elected to govern and make disasters at the hands of the Labor Party will decisions even if those decisions are hard be enough to guarantee the coalition another decisions. This has been one of those term in office to continue the task of fixing up decisions but it is one from which I do not six years of Labor's financial vandalism. I resile since it is necessary for the sake of commend the Bill to the House. workers in the future. Time expired. I would now like to thank those members on this side who have commended the Bill. Question—That the Bill be now read a They have clearly grasped the notion of what second time—put; and the House divided— this Bill is all about. I again say "thank you" to AYES, 44—Baumann, Beanland, Borbidge, Connor, them. Cooper, Cunningham, Davidson, Elliott, FitzGerald, Gamin, Gilmore, Goss J. N., Grice, Harper, Healy, Twice the former Government opened up Hegarty, Hobbs, Horan, Johnson, Laming, Lester, the Act in failed attempts to address the Lingard, Littleproud, McCauley, Malone, Mitchell, financial problems facing the fund. However, Perrett, Quinn, Radke, Rowell, Santoro, Sheldon, Mr Kennedy in his report, after reviewing the Simpson, Slack, Stephan, Stoneman, Tanti, Veivers, actuarial advice, stated— Warwick, Watson, Wilson, Woolmer Tellers: Springborg, Carroll "It should be now clear that the Goss Government reforms have totally failed." NOES, 44—Ardill, Barton, Beattie, Bird, Bligh, Braddy, Bredhauer, Briskey, Campbell, D’Arcy, Yesterday, the Leader of the Opposition De Lacy, Dollin, Edmond, Elder, Foley, Fouras, stated a number times that I have misled this Gibbs, Goss W. K., Hamill, Hayward, Hollis, Lucas, McElligott, McGrady, Mackenroth, Milliner, Mulherin, House over the actuarial advice I received in Nunn, Nuttall, Palaszczuk, Pearce, Purcell, Roberts, light of the member for Gladstone's position Robertson, Rose, Schwarten, Smith, Spence, on the Kennedy recommendations. I totally Sullivan J. H., Welford, Wells, Woodgate Tellers: reject the slurs from the Leader of the Livingstone, Sullivan T. B. Opposition and I challenge the honourable member to put up by referring me to the The numbers being equal, Mr Speaker cast his vote with the Ayes. Privileges Committee, or shut up by not misrepresenting what I have said in this place. Resolved in the affirmative. 4 Dec 1996 WorkCover Queensland Bill 4919

Committee after workers. It is a change so that, in future, Hon. S. Santoro (Clayfield—Minister for only certain workers will be covered and other Training and Industrial Relations) in charge of workers will be left wanting, both in terms of the Bill. statutory rights and in terms of common law rights. Nothing speaks more soundly about the Clause 1— wrong way in which we are heading. I suppose Mr BRADDY (5.19 p.m.): Mr in that sense at least, the title signifies some Chairman—— honesty. Mr Lingard: Another Torres Strait This is no longer workers' compensation Islander Bill. legislation; it is WorkCover—a fancy title to Mr BRADDY: It is up to the member. cover the fact that workers will be losing under the legislation in terms of their statutory rights The Minister in his reply had a curious and their common law rights. argument in relation to this legislation. He made the point that, merely because the In his reply, the Minister sought to Opposition disagreed with what he was suggest that the Opposition somehow agrees intending to do in relation to common law with the Government's arguments about the actions, it was by some circuitous argument changes which are symbolised by the very title agreeing with him. of the Bill. Of course, we do not agree. We have made it very clear that we accept that, The CHAIRMAN: Order! Clause 1 is the under the Workers' Compensation Act, title. problems with common law claims have been Mr BRADDY: Yes. a significant reason for reviewing the Act. That The CHAIRMAN: I will restrict debate to is why we amended the Workers' the title. There will be ample opportunity right Compensation Act, the title of which is sought through the clauses to debate the Bill in detail. to be changed. We believe that those changes are now starting to seriously reduce Mr BRADDY: Mr Chairman, in relation to the number of common law claims. By this particular matter, as I was saying the bringing in the WorkCover Queensland Bill, the Minister argued that the Opposition was somehow avoiding its responsibilities. What we Minister and the Government are signalling a have here in the very title itself is an indication change of attitude which, we believe, is from the Minister that he is not about being heralding the removal of workers' rights. absolutely straightforward and truthful with the The Opposition believes that Queensland people of Queensland. For a long time we would be better served by a continuation of have had in Queensland a system of workers' legislation which honestly says that it is a compensation. It has been a simple, efficient Workers' Compensation Bill. The Bill before system contained in legislation titled the the Committee should have been introduced Workers' Compensation Act. as a Workers' Compensation Bill to amend the What we now see is a change to the Workers' Compensation Act. I believe that that legislation. By seeking to change the very title would have been most significant and most of the legislation to WorkCover Queensland honest. Bill, we see a move towards smart alec type The Opposition opposes the title of the situations, as we have seen in other States, Bill. We believe that the title should be the where the workers are affected significantly. Workers' Compensation Bill. Nothing in this legislation speaks more loudly Mr SCHWARTEN: I am totally opposed and soundly as to why the particular legislation to the title of this Bill for a number of reasons. should not be supported than the very title itself. Government members: Why? If we wished to pass legislation which the Mr SCHWARTEN: If members opposite workers and the employers of this State could would just listen, they might learn something. have confidence in, the title of the Bill would In 1916—— be the "Workers' Compensation Bill", because Mr Johnson: Where were you then? workers' compensation has an honourable history in this State. However, what do we Mr SCHWARTEN: I can read, which is see? If this legislation is passed, by changing something that I advise the honourable the title of Act, and thus changing the very member to take up some day so that he can nature of the way the scheme will be operated read the debate that occurred in this place at in the future, we are moving into a new era. that time. The title of the Bill substantiates the belief that If ever there was a reason for keeping the the new era will be a move away from looking words "workers' compensation" in the title of 4920 WorkCover Queensland Bill 4 Dec 1996 the Bill, it is to be found in the 1916 debates. circumstances those workers will be The sorts of issues raised in the debate today compensated. indicate how far we are travelling away from This afternoon I received a fax from the the basic reason why workers' compensation staff at the workers' compensation office in legislation was introduced into this State. Rockhampton, who are very much opposed to In my view, the undignified name changing the name of the Workers' WorkCover says it all. We are moving away Compensation Act for two very good reasons. from a system that talks about workers' The first is that they will cease to be public compensation—in other words, compensating servants and will become statutory employees. workers for any damage that they may suffer They do not want that to occur for very at work—to a situation of WorkCover where obvious reasons. The title of the Bill is part of the Minister will pick and choose those who the enabling process for that to occur. are to be covered and those who are not to be As to the second point raised with me— covered. The Bill should be titled the Workers' honourable members should consider how Compensation Bill because then there will be much this change of title will mean in this no doubt as to whom it will cover. State. Motor cars, letterheads, stationery and Mr Lingard: What about "Workers buildings bearing the name "Workers Cover"? That would be a good title. Compensation" will have to be changed. The Mr SCHWARTEN: Compensation is just cost of doing that will run into millions of that; somebody who is injured at work is dollars. This is all being done simply because compensated. "Cover" does not imply that the Minister wants to put his stamp on the Bill. there is compensation to be paid to injured He has already said in this place on a number workers. We are currently talking about of occasions how proud he is that he is something that is entirely different; we are bringing in landmark legislation. It is a wonder talking about covering people in a certain set that he did not want to call it the "Santo of circumstances in which compensation Santoro" Bill. arguments come later. An Opposition member: He did. Does the Government have any Mr SCHWARTEN: He probably did. understanding of what it is that we are trying to Changing the name will cost this State achieve? Speakers from both sides of the hundreds of thousands of dollars. Committee have talked about the rights of workers and their desire to look after workers. Mr McGrady interjected. Let us spell that out in the title of the Bill, Mr SCHWARTEN: They want to take which is about compensating employees who "Compensation" out of the title of the Bill are injured at work. It is not about some because they are on about everything bar dubious flexi-cover—goodness knows what it compensation. They want to change the may end up being called! whole attitude in this State to compensation. Events in 1905 were the precursor to the Whereas now a worker has the right to be Workers' Compensation Act. At that time, compensated if he or she is hurt at work, in people were talking about a workers' insurance future the Government will determine whether scheme. I would contend that that is what the or not a worker has that right. The change to Minister is talking about today—a workers' the title is insidious. I do not know whether the insurance scheme in which he can pick and Minister thinks that he is truthfully being smart choose the areas to be covered. He either by changing its name or whether he lacks covers and compensates workers or he does such creativity that he cannot think of a name not; it is as simple as that. for himself and has to borrow one from the basket cases in other States. The insidious part of this legislation is that the Minister wants to be in the business of Mr Pearce: We could buy a few rural saying to people who, for example, travel to bush fire brigades with the money he is going and from work that he will pick out certain to waste. circumstances—by way of illustration—under Mr SCHWARTEN: We could buy which he will cover them and in other equipment for a few rural fire brigades. I am circumstances he will not cover them. I agree glad that the member raised that point; $4.5m with the shadow Minister that at least the would be very helpful at this point in time. Minister has been honest by changing the title of the Bill. He has moved away from the Mr Veivers: That's very nice, Jimmy. thought that people should be covered as You've got all the culture of a striking viper. they travel to and from work to a situation Mr SCHWARTEN: Who is the Minister where he will pick and choose under what referring to? 4 Dec 1996 WorkCover Queensland Bill 4921

An honourable member interjected. Mr Beattie: You need a history lesson. Mr SCHWARTEN: I am very pleased to Mr SCHWARTEN: That is exactly what I hear that the Minister was not making that am trying to do; I am trying to oblige the remark about me. honourable member. It is not too late for the Minister to change his mind. With the stroke of It is not too late to change the name back a pen he can change this Bill tonight. He can to "Workers Compensation". save the compensation fund probably Mr Lingard: If it is "Workers $100,000 with the stroke of a pen. He talks Compensation", where do you put the about workers saving money. Tonight he has apostrophe? an opportunity to change the name of the Bill Mr SCHWARTEN: I am pleased that back to what it should be—the Bill that the the member raised that point. Let us have an workers in this State understand, the Bill that argument about it. truly states what it is that we on this side of the Chamber believe, that is, it is about Mr Lingard: I am helping you. compensation for workers who are injured. I Mr SCHWARTEN: Being a urge the Minister to consider that point. It is schoolteacher, the member would know that in not too late. I will not think any less of the the singular the apostrophe would follow the Minister—in fact, I will think a lot more of "r" in "worker". However, in the plural form the him—if he accedes to my request. apostrophe would follow the "s". I feel very Mr BEATTIE: There is no doubt that the strongly about this issue. This title has survived title of this piece of legislation is grossly for 80 years. It has survived the SGIO being inappropriate. The WorkCover Queensland Bill taken away from it and being turned into a 1996 betrays the T. J. Ryan tradition that freestanding scheme. It has survived multiple started prior to 1920. challenges over the years, including the SGIO at one stage being $100,000 in the red. It has Mr Lingard: That's repetition. We just survived a plethora of National Party had that speech. Governments. Honourable members opposite Mr BEATTIE: No, it is not repetition at should show a bit of thought for old "Chookie" all. How would the member know? If he were Campbell. He would be turning in his grave if not so rude, he would be educated, he would he knew that this Government was altering an improve his standing and his mind would be Act that he had a fair bit to do with. much clearer. An honourable member: When your When T. J. Ryan introduced the first father was in politics. workers' compensation scheme to protect Queensland workers, in a very dignified way Mr SCHWARTEN: Indeed, and he was he gave it the title "Workers Compensation" so involved in the trade union movement. that workers understood that, if they were Members opposite are old mates of Fitzroy, injured at work through no fault of their own, who from time to time, as they would no doubt they would be properly compensated and recall, had to access workers' compensation. would be able to rebuild their lives, both They would not like "WorkCover" as a title. It emotionally and physically, after the injury. does not have the same ring to it, for a start. It "Workers Compensation" has had a meaning is a wonderful tradition. The Minister does not in real terms since 1916. What the Minister is have any understanding of its tradition and the seeking to do by imposing this title is remove a reason behind it. By changing the name, the proud tradition that has been in Queensland Minister is showing contempt for the past, how for all of those years. I am not prepared to see and why we have workers' compensation in the proud tradition of the title of "Workers this State and why it was that in 1916 Ryan Compensation" disappear without arguing for and Fihelly, who was the Minister at the time, an amendment or a change to the title of this introduced it. If we read that debate, we find Bill. It is important that we in this Parliament that they did not like its title then, either. So respect those traditions. there is a bit of irony in that respect. Mr Veivers interjected. Mr Lingard: McCormack was Speaker then. Mr BEATTIE: I take the interjection from the Minister for Emergency Services. Well may Mr SCHWARTEN: McCormack was the he interject; I know he has no appreciation of Speaker at that stage. He went on to become traditions such as the title "Workers the Premier. Compensation". Let me make it clear that this Mr Veivers: That is terrific. We are is not just about the title of a Bill; it is the having a history lesson. symbolism. 4922 WorkCover Queensland Bill 4 Dec 1996

Mr Veivers: Who took the Queen's Mr Lucas: Was that like a farmcover photos down here? Who took the flags down? Bill? Mr BEATTIE: If the member has taken Mr J. H. SULLIVAN: That is precisely down the photos, I suggest he return them. it; it was like a farmcover Bill. The issue for us and the issue for everybody is that Mr McGrady: They think more about "compensation" is an important word. It should the Queen than the workers of this State. be maintained in the title of the Bill. It reflects Mr BEATTIE: That is right. I suggest that the injured worker is to be compensated that the Minister return the photos he took for an injury, not that he has some insurance down. cover in respect of something that might happen. The reason that the Minister does not What does the word "WorkCover" mean? want the word "compensation" to appear is It does not have anywhere near the same that the word "compensation" is indicative of symbolism that "Workers Compensation" has. some blame. What this legislation has done is Mr McGrady interjected. shift the blame from the employer to the worker. This legislation has shifted the blame Mr BEATTIE: I take that interjection to the worker so that the employer can feel from the member for Mount Isa. In this quite comfortable about providing unsafe Parliament, he represents a lot of decent, workplaces, and the title of this Bill is just part hardworking workers from Mount Isa. They of that shift. I think the member for Everton have grown up with the proud tradition earlier today called it a paradigm shift, and symbolised by the title "Workers that is precisely what it is. Compensation". The word "Compensation" appears nowhere in the title. Government There is no compensation for workers in members are prepared to discard the word this State, and I can see that the eventuality is "Compensation". What is the Minister afraid that the State Government is going to take of? What is he trying to do? Why has he taken itself out of this business. Perhaps the State the word "Compensation" out of the title? Now Government is going to sell its WorkCover that the Parliament is sitting tomorrow, I am Board off to the merged super bank or some delighted to say that this title is still wrong, but other major insurance entity. Let us see just we will not divide on it. how well off the workers are then; let us see how well off the employers are then. Mr Lingard interjected. Because I understand that circumstances Mr J. H. SULLIVAN: Exactly. I am have changed, I will leave my contribution at happy to take advice from the Leader of the that. However, I think—and I believe that the Opposition or from the Minister for Family members on this side of the Chamber share Services or from anyone else, but the fact is this view—that what has happened here in the that I mentioned this issue in my second- name that is given to this Bill is that we are reading contribution and I actually feel quite hiding—— strongly about it. Workers' compensation was Mr Purcell interjected. introduced into Queensland before there was an international convention, but all the Mr J. H. SULLIVAN: My colleague international conventions talk about workers' adjacent to me is assisting me, and he has compensation. This State has a history and a come up with the idea that this should be tradition—and a proud one at that—of workers' called the "I don't care for workers Bill", which I compensation. suppose is something that we could suggest. This ought to be named the Workers' The change to WorkCover is a trendy Compensation Bill so that we in this State Liberal phrase that has occurred in southern continue to have a Workers' Compensation States under Liberal Party Governments. All I Act, one that is enacted in 1996. A Workers' can say to the members of the National Party Compensation Act of 1996 I think sends a is that this shows just how much the Liberal better message to the workers, it sends a Party tail is wagging the National Party dog in better message to the employers and it these sorts of matters. The National Party, certainly would present the Government in a which has as its history the old Country Party, better light. I am pleased that the Opposition has a proud history of recognising and spokesman has stated that we are going to understanding the rights of rural workers, and oppose this name. in fact the first international convention was in Mr SANTORO: I would like to respond relation to the rights to compensation for briefly. The debate took a very curious twist agricultural workers who might have been there for a little while, and I am pleased that injured. one of the possibly great incidents of the 4 Dec 1996 WorkCover Queensland Bill 4923 century has been averted as a result of some The other point that I wish to address very delicate negotiations. briefly is the issue that somehow Mr Fouras: You should smile at that. compensation is related to the concept of blame. When honourable members make that Mr SANTORO: I was a champion long- statement, they fail to acknowledge one of the distance runner at my school. I may not look underpinning fundamental principles of the as fit as I used to, but there is still a bit of workers' compensation system of Queensland: endurance there and I would have been it is basically a no-fault system; it is basically a happy to have kept on going if necessary. system that sees the vast majority of injured I wish to briefly address the comments employees go through the system on a no- that were made because they were spoken fault basis, and it is only in a minority of with some passion and they do deserve some situations where employees take employers to form of response. Honourable members spoke court for the purposes of negligence. If of the basket cases of other States. I simply honourable members opposite are going to remind honourable members that the basket indulge in an exercise that has any intellectual cases that they are speaking of were the validity, they should clearly acknowledge the creations of Labor Governments. They also way that the system works, that is, that it is spoke about the title of this legislation. I basically a no-fault system. remind honourable members that the title of I have heard the arguments that this legislation reflects the titles that have been honourable members have made in relation to adopted by Labor Governments in other the title. I thought that they were basically States, including the Labor State of New spurious, and I do hope that honourable South Wales, which maintains a similar title. If members opposite show some commonsense members opposite are criticising this and do not divide on this clause. Government for taking on this title, they are criticising their counterparts who are currently Mr ARDILL: I intended to speak on in Government and who were previously in clause 1 in any case. I certainly object to the Government for doing precisely the same change in name. The tradition of workers' thing. compensation began right here in this Chamber. No matter what other States have That is the superficial rebuttal. The done about it, regardless of whether other substantial rebuttal, of course, is that a title is Labor Governments have changed the name, simply a series of words. What is important is that does not excuse changing the name what is in the Bill and what legal provisions here, because we have that tradition behind exist in the Bill in terms of safeguarding the us. interests of injured workers. In respect to that particular objective, we on this side of the On the subject of traditions—the Minister Chamber are very proud to say that this is a talked about this ridiculous idea of flying a balanced Bill and one which seeks to strike the foreign flag on our flagpole. That has nothing balance between the rights of injured whatever to do with tradition; that has employees and the rights of employers. something to do with ignorance. It has something to do with the fact that people do I have heard honourable members talk not understand that that flag does not about their commitment to history, to represent the Queen. symbolism and to tradition. I simply ask honourable members to take up in a more The CHAIRMAN: Order! That is not in serious way the interjection from the order. Honourable the Minister for Emergency Mr ARDILL: It was mentioned by the Services, Mr Veivers, when he said that Minister and I have taken up the point. That honourable members opposite tore down the has nothing to do with tradition, but the name emblems of this place, they tore down the of this Bill has. The Minister is taking away portraits of the head of the State of from Queensland the tradition of having the Queensland and basically did away with a lot first adequate Workers' Compensation Act in of tradition and a lot of history. Irrespective of Australia. The basis of that Queensland Act whether they agree with it or not, members has been followed in America and in other opposite did not leave those things there places around the world. Obviously, the because it was proper. The point is that Minister knows nothing whatsoever about that. members opposite have shown a far greater He does not understand it. He is putting lack of support for history, symbolism and forward a word which has nothing to do with tradition than they are accusing this workers' compensation. It probably has more Government of showing. to do with covering up what he is trying to do. 4924 WorkCover Queensland Bill 4 Dec 1996

The Minister mentioned the fact that the provision was there previously does not workers' compensation system in Queensland answer my question, nor am I comforted by was a no-fault system. Well, he has changed the fact that it was there previously. It would that in the Bill and, whether he realised that or seem to me that each provision of each piece not, he needs to understand that he has of legislation ought to set out in the book of changed that with the proposal of fault and rules what it does and why it does it. contributory negligence. He is going to take I am interested to know how the away 25 per cent—— Parliament of Queensland can bind entities of The CHAIRMAN: Order! Clause 1 is on the Parliaments of the other States. I accept the title. There is ample provision—— that it may well have been in the previous Mr ARDILL: Mr Chairman, I am talking legislation. At that time it never occurred to me about the fact that this is a workers' to question it, but at this time it has occurred compensation Bill and I am opposing the to me to question it, and I am interested to change to some other name. What I said was know the answer. that the word "cover" comes into it only Mr SANTORO: The point that the because the Minister is covering up the fact honourable member raises is a point of some that this Bill does not provide the same complex law and I can only refer him to the tradition of workers' compensation that we Explanatory Notes which state— have had in Queensland for 80 years. That "Clause 3 states that to the extent original legislation was introduced by the first that it is able, this Bill binds all persons in long-term Labor Government in the State of Queensland and Australia." Queensland. This is not a satisfactory situation. The name should be changed back Again, for the sake of the record and the to represent what the Bill should be about, honourable member, I say that this provision is that is, workers' compensation with a no-fault used in most legislation. If the member is so system. The Minister is definitely trying to concerned, perhaps the Scrutiny of Legislation cover that up. That is the only reason the Committee of which he is a member may wish name "WorkCover" might be appropriate to to look at a clause such as this and provide this Bill. some recommendations to the Parliament. Clause 1, as read, agreed to. Clause 3, as read, agreed to. Clause 2, as read, agreed to. Clauses 4 to 11, as read, agreed to. Clause 3— Clause 12— Mr J. H. SULLIVAN (5.52 p.m.): I do Mr BRADDY (5.55 p.m.): Clause 12 not want to spend a lot of time on this clause, deals with the definition of "worker", which has but I would like the Minister to tell me just how been substantially changed from the definition this provision works. I can understand that the currently contained in the Workers' Queensland Parliament can pass legislation Compensation Act. That has been a source of binding all persons in this State, including the deep concern to quite a few people in State. However, how do we define the Queensland, so much so that the Opposition legislative powers of this Parliament so that it feels compelled to move an amendment to can bind the other States, whether that relates this clause. to other State Government entities operating In a curious turn of events that occurred a in this State or whether there is something few minutes ago—and the Minister referred to other than that which I am unable to this quite accurately—some accurate things understand? Perhaps the Minister can answer were said that were, I think, heartfelt. One my query? matter raised was that there is a tradition in Mr SANTORO: I have just received relation to workers' compensation in this State, some advice. I am told that there is no change one that should not be set aside lightly. I am to this clause from what exists in the current talking about the type of people who ought to Act. I am told that it is a standard provision be covered by workers' compensation, that is, and, to that effect, we would like it to remain. the workers of this State. Mr J. H. SULLIVAN: With respect, the In our estimation, the definition in the defence the Government has for the present legislation adequately and provisions of legislation it brings into this competently covers the people who should be Parliament is that a provision is a pre-existing entitled to workers' compensation. The current provision that is just being imported. With the legislation is designed to cover people who do greatest amount of respect that I can muster, not, for example, pay PAYE tax. That includes that is no defence. Telling me that the people who for some industry reasons work on 4 Dec 1996 Performance of Coalition Government 4925 one level as contractors. It also covers the an excessive number of inquiries and employees in the construction industry, for reviews, now totalling 144; example, who sometimes like to suggest they a Cabinet of non-performers are contractors but in reality they really are incapable of providing leadership, workers. They are workers who have their tax vision and strong, decisive deducted under the prescribed payment management for Queensland; system, or PPS. They are working under a contract of service rather than a contract for seven new or increased taxes; service. Indeed, these workers are well known government administration in turmoil; in industries such as construction, as I have and said, and transport. Condemns the Borbidge-Sheldon If the legislation before the Committee Government for repeatedly breaking its brings in the new definition of "worker", many Contract with the people of Queensland, workers will not be covered by workers' leaving a litany of broken promises and a compensation. Of course, one effect of that growing and dangerous economic would be that a lot of employers or workers will malaise." have to take out public liability insurance and, At the outset of my contribution tonight, I as a result, premiums will rise substantially. In table an end of year report on the our estimation, there is no good reason for performance of the 18 Cabinet Ministers in this changing the definition of "worker". Government from which all Queenslanders will There is a very good reason to keep the see that this Government is not up to the task definition as it is, and I can assure the Minister of governing. I table that report for the that members of the Opposition have received information of the House and signal that we many requests to oppose this change in will be distributing the report widely, because definition. That is why we have amendments all Queenslanders need to know that this circulated before the Chamber. The Minister Government has to lift its performance. will find that our amendment omits the new When historians evaluate 1996, they will definition of "worker" and inserts a definition report that it was a year in which Queensland that is entirely as it currently is under the turned back the clock. It was a year when present workers' compensation legislation. I business stagnated and month by month the believe the Minister has made a serious error unemployment queues grew. They have by following the recommendation to change grown by an extra 12,200 people since this this definition. This change will have Government came to office in February, reprehensible effects on the workers of this bringing the total figure to 176,000 State. I believe that the amendment should Queenslanders without a job. It was a year be carried. when the biggest thing the Government Progress reported. created was a 10-month crisis. It was a year when a weak and ineffectual Premier actually boasted that he had no control over his PERFORMANCE OF COALITION Cabinet. It was the year the clock was turned GOVERNMENT back to the days when the National Party Mr BEATTIE (Brisbane Central—Leader presided over a Queensland that was ridiculed of the Opposition) (6 p.m.): I move— for being the deep north of Australia. To mark this significant step backwards, the Union Jack "That this House— was unfurled over Parliament House. It was Notes that a complete lack of leadership the year that the Government made a right by the Premier and Deputy Premier has royal mess of trying to govern the State. The resulted in Queensland ending 1996 Queen referred to her bad year as an "annus with— horribilis". Queensland has had an "annus the highest unemployment rate of infamis", an "annus horrendus", an "annus any mainland State; fraudulentus". Government by fraud is what we have had in Queensland. the lowest business confidence in the country; The Premier made a bargain with Queensland last July. He said that in return for a stagnant economy with capital the keys of Government he would deliver a works and major projects stalled; vast range of improved services and he gave dozens of broken promises in health, his personal commitment that he would law and order, education and other restore integrity and public faith in the services; processes of Government. He said that if he 4926 Performance of Coalition Government 4 Dec 1996 failed to deliver he should be thrown out. But The same man misleads Parliament he is still there. He has forfeited his right to be by declaring 'I did not arrange any job', there. At the first opportunity, Queenslanders only to contradict that statement a day will remove him from office. I will read later—and the incident is let pass as a honourable members a sentence from Mr misdemeanour of the most minor nature. Borbidge's Contract with Queensland. He That is the sorry state to which the said— conduct of Queensland Parliament has "It is my strong personal belief that dropped." no society can function properly if its They are not my words, they are from a institutions of Government—and its column in the Sunshine Coast Daily. Parliament—lose the faith and trust of the people—and become unwanted and Mr T. B. Sullivan: Their heartland. uncared for—when trust is betrayed." Mr BEATTIE: That is right. The Premier himself has summed up On Monday, the Courier-Mail stated— here, in one sentence, why Queensland has ground to a halt under his Government. He is "Traditional standards of Ministerial right: Queensland cannot function properly conduct are rarely encountered in because its institutions of Government and its Queensland politics these days." Parliament have lost the faith and trust of the And— people. The trust of the people in this Government has been totally and utterly "Some Ministers are underachievers; betrayed. The self-evident truths of the facts some are simply not good enough; others outlined in tonight's motion are proof of that. are accident prone." However, to prove that to the Premier and On 6 September, academic Scott Prasser his Government I will read what independent said— commentators are saying about this "I think it is the memorandum of Government. In a column published in the understanding with the Police Union in Warwick Daily News and the Sunshine Coast February which to me has set the scene Daily, the writer refers to the Government's for the Government and has shown that "obsessional and bitter battle with the CJC that the Government and the Coalition are has overtaken this Government at the politically inept, morally wanting and rank expense of its proper role, to govern". The amateurs to go into that sort of writer states— arrangement. "No wonder only a third of our small And it's tarred the Government and businesses are confident about the year symbolised what's wrong with this whole ahead compared with 78 per cent in the Government." Northern Territory and 43 per cent nationally." The Gladstone Observer states— And— "It would be a fair bet to say that most Queenslanders are getting pretty "No wonder a national newspaper fed up with the nonsense emanating from headed an article with the words George St lately. 'Queensland thrust deeper into corruption crisis'." The real issues of Government— health, education, community safety and Maroochydore Chamber of Commerce so on—are being lost in the quagmire President Harry Burnett said that the past year which increasingly surrounds this has marked the worst trading conditions in 20 'government by inquiry'." years. The Townsville Bulletin says of the Police Minister that he has been "dogged by I stress "Government by inquiry". There is one allegation of spurious behaviour after much, much more. It all demonstrates that this another". In another article, the Sunshine Government is not up to it. I remind Coast Daily states— honourable members of what the Premier "A Cabinet Minister abuses his said— position by pressuring colleagues to "It is my strong personal belief that employ a former member of his own staff no society can function properly if its who had been discredited by a Criminal institutions of Government—and its Justice Commission report, and declares it Parliament—lose the faith and trust of the as being the sort of thing any decent people—and become unwanted and human being would have done. uncared for—when trust is betrayed." 4 Dec 1996 Performance of Coalition Government 4927

When the behaviour and actions of My Government will re-establish credibility individual Ministers are examined, it is no in Queensland. We will return honesty and wonder almost every media outlet is critical of integrity to Government. We will provide this Government. I have prepared the report to services. We will set about providing the jobs which I referred earlier which examines the that Queenslanders want. We will make records of the Ministers as they have certain that sufficient resources are allocated blundered through 1996. It is a record of which to police and law and order, education, health, no Government should be proud. I also table the environment—all those services that for the information of the House the Queensland wants. After 10 months, this documents to which I referred. The reality is Government is an abysmal failure. It is not very simple: if this Premier goes through the worthy of the Government of such a proud Christmas period without sacking the Police State as Queensland. The Premier cannot Minister, Mr Cooper, without sacking the even bother to participate in this debate, a Minister for Public Works and Housing and debate related to his own Government. without at least moving the Treasurer, Mrs Sheldon, and the Environment Minister, Time expired. Mr Littleproud, this Government will be seen Hon. D. J. HAMILL (Ipswich) as inept, his leadership will be seen as weak, (6.10 p.m.): In seconding this motion, I draw and Queenslanders will be betrayed. attention to the fact that under this Queenslanders deserve better than this Government, business confidence in incompetent rabble who are masquerading as Queensland is now the lowest in Australia. The a Cabinet of Queensland. As I have said Yellow Pages Small Business Index tells a previously, if those people were in my Cabinet, story of betrayal at the hands of a coalition they would have been either sacked or Government that is simply not up to the task demoted. Two of them would have been of managing the State's economy. sacked and three of them would have been demoted. In two cases they are not worthy to With the change of Government earlier be Ministers and in others they are not worthy this year, the small business community was a to hold the high positions that they currently bit optimistic. But it did not last for long. The hold. Treasurer's failure to deliver the promised May economic statement and her Budget which Daily we see the large number of reviews. broke so many of the coalition's promises, Daily we see problems in terms of policing. For particularly in the area of taxation, undermined example, the assistant commissioner who business confidence and drove up heads up the Gold Coast region signed a unemployment. Furthermore, the deceit that performance contract that crime would be was perpetrated by the Premier and his reduced. Now that crime has gone through the Minister Santoro, who promised shorter trading roof, his future clearly is in doubt. On the Gold hours when in Opposition but repudiated their Coast, crime has risen, police morale has undertakings in Government, has left a bitter dropped and they could not even get a police taste in the mouths of many small-business vehicle— operators who feel betrayed by this Mr McGrady interjected. Government. Mr BEATTIE: That is right, a telephone The sad state of the Queensland squad. economy can be seen in the level of retail Owing to stress and other leave, they sales and turnovers. Real trend retail turnover could not get even enough police officers to in Queensland grew by 0.6 per cent in the service a vehicle at Broadbeach, so that June quarter and by 0.8 per cent in the vehicle could not be provided. We have September quarter, but when one considers reviews. We have a Connolly inquiry costing that Queensland's population is increasing at $12m—$50,000 a day—and we have people the rate of 2.5 per cent per annum and who are simply desperate for Government inflation is running at around 3 per cent, one services. There is no excuse for the Premier realises that real retail turnover is barely not conducting a reshuffle. I had the courage keeping pace with population growth. What is to do it; the Premier does not. Any more, Queensland's recent monthly figures commentator who assesses this Government's show an 0.9 per cent reduction in retail sales performance over the past year and who in October on top of a 3 per cent fall in ignores that fact does not do justice to political September. And what is even more alarming commentating in this State. The Premier will is that businesses are now so pessimistic be seen as weak and inept if he does not do about their Christmas trading period at a time the reshuffle that is needed. when they ought to have been most buoyant. 4928 Performance of Coalition Government 4 Dec 1996

The record of this coalition is one of Works Program, Labor's $745m initiative. broken promise after broken promise. Do Then it was the freeze on capital works honourable members remember the then spending. Then the Treasurer failed to honour shadow Treasurer's proposal for major her promises to ensure that departments spending on an initiative which would deliver spent all of their capital works allocations. They jobs for unemployed youth? I do. She also carried over $400m in the Budget, $200m of promised special payroll tax rebates to which was money that had been allocated for companies that recruited unemployed youth. new schools, hospitals and roads. Little In Government, neither scheme has wonder the economy has stalled under this materialised. Then there were the promises of Government. tax concessions but no new or increased When the coalition came to office in taxes. But the coalition Government failed to Queensland in February, the March quarter keep those promises. Little wonder growth stood at 1.1 per cent. The June quarter Queenslanders are running out of patience growth had slumped to 0.4 per cent, half the with this Government. rate for the rest of Australia. Although the Allow me to remind the Treasurer and Treasurer claims that growth will reach 4 per other members of her words in Parliament on cent this year—better than Australia as a 20 February. She stated— whole—the Budget papers reveal a different "Rather than just tax, tax and tax story, with Queensland falling behind other again, Treasury should look to areas States. The Federal Government has revised where the removal or lowering of a tax, its forecast downwards, while unemployment charge or fee could actually help the in Queensland is on the rise. In an admission community." of defeat, the Budget papers predict unemployment staying stagnant in She went on to say— Queensland at 9.3 per cent. But we know it is ". . . a coalition Government can directly on the increase because the growth forecast is attack Queensland's unemployment not being met. I ask: what is the Government problem through genuine job creation by doing about it? Nothing. The Treasurer and giving business, particularly small the Government sit on their hands. For the last business, incentives to grow, expand and 10 weeks the Treasurer has talked about employ." cricket victories at the Gabba and going to But instead of no new or increased taxes, the opening nights at the theatre instead of September Budget hit the community with no managing the State's economy. It is indicative fewer than seven new and increased taxes of a Government that is simply not up to the and charges, including a 35 per cent increase task—a Government that has become so in the bank account debits tax, increased distracted by its inquiries, reviews and its own vehicle registration, new taxes on oil and tyres crises that it has neither the time nor the and, much to the horror of the tourism capacity to govern. industry, which was already reeling under the Hon. R. E. BORBIDGE (Surfers 500 per cent increase in the Federal Paradise—Premier) (6.15 p.m.): Tonight the Government's reef tax, a new State tax on Labor Party is once again reasserting its entry to national parks. Where was the irrelevance in this place and to the people of promised $20m concession to land tax? Queensland. The problem with honourable Where were the payroll tax rebates for those members opposite is that they cannot accept employers of unemployed youth? that they are in Opposition; they will not accept The Budget did little for small business that they are in Opposition and they will not and now the State Government has gone on accept the political reality. In the limited time and broken another promise by doing away available to me, I want to cover the with the Queensland Small Business achievements of this Government across key Corporation. And what of jobs? The coalition's portfolio areas. record on job creation is appalling. I refer firstly to law and order. There has Unemployment has increased each month been the appointment of four magistrates, that the coalition has been in office. including the first additional magistrates in 10 Unemployed Queenslanders now comprise years; the reintroduction of court services into 10.1 per cent of the State's labour force. country areas where court facilities were closed Instead of job-creation schemes, the Treasurer by Labor; approval for a $2m refurbishment of has implemented policies which have the Bundaberg Court House; $4m for the depressed economic activity and pushed up construction of the Cleveland Court House; the the rate of unemployment. First it was the extension of the Gympie Court House; $12.9m decision to scrap the Accelerated Capital on the Rockhampton Court Complex; $25.9m 4 Dec 1996 Performance of Coalition Government 4929 on construction of the Southport Magistrates years; establishment of a youth mental health Court; the implementation of much-needed unit at RBH; 177 new mental health positions improvements to the Juvenile Justice Act; throughout Queensland in 1996-97; the amendments to the Criminal Code; approval relocation of the Rural Health Unit to Roma; for a 10-year police staffing plan to deliver $50m for rural and remote capital works; $1m 2,780 extra police by the year 2005—— for outreach services; $1.5m for a rural training Ms Bligh interjected. centre in Mount Isa; the Longreach Flying Dentist now servicing 18 communities; a fully Mr SPEAKER: Order! The member for funded rural scholarships program with South Brisbane will not interject from other increased funding; $435.7m for community than her correct seat. health centres, with 142 new positions and a Mr BORBIDGE: Some $76m extra has $1m boost for immunisation. been earmarked to implement Stage 1 of the In respect of education—the Education police staffing plan to lift police numbers by budget increased by 9.3 per cent up to $3.1 800 over the next three years; 139 additional billion. Capital expenditure is up by $101m or police in 1996-97; 252 in 1997-98; 409 in 43 per cent. The list goes on. There are pages 1998-99; an accelerated civilianisation plan to and pages and pages. This Government has boost operational duties which will free 400 done more in eight months than Labor did in police over three years; 40 recruits began six years. Despite the Opposition's whingeing, training at the Townsville Police Academy on complaining and negativity, portfolio by 14 October with a further 40 to commence portfolio this is a Government of achievement. training in May 1997; 117 additional police If we look at economic development and officers sworn in on 29 November; the $3.5m growth, we are leading—— Townsville Police Academy opened on 22 Time expired. October with a $2m annual operational budget allocated for the next two years; legislation Hon. J. P. ELDER (Capalaba—Deputy passed to outlaw designer drugs and enable Leader of the Opposition) (6.20 p.m.): It is rapid addition of new drugs to the list of unbelievable! No-one believes it. It is worth dangerous substances covered under the repeating the comments that appeared in the Drugs Misuse Act; initiation of a Sunshine Coast Daily. The Treasurer loves comprehensive review of the Queensland quoting the Sunshine Coast Daily in Police Service with 197 recommendations Parliament and I think that it is worth repeating made to improve policing; Queensland's the comments of that paper. It is her daily Weapons Amendment Bill passed through paper and she would appreciate hearing what Parliament on 30 October with legislation it has to say. After listening to the diatribe from based on 11 nationally agreed principles; and the Premier, let us hear what the real people an issued police directive in the first week of think. Government that no prisoner was to spend Mr Hamill: The Treasurer is not even more than seven days in a watch-house. here. In respect of health—Labor's failed policy Mr ELDER: Of course she is not. She is of regionalisation was abolished and replaced not even present in the Chamber to protect by district health councils; a 10-year capital her own record. Let us hear what the real works rebuilding program of in excess of $2 people say. The paper states— billion; the reopening of QE II Hospital; the "It is not only the fact that the Surgery on Time plan with $24.5m to improve business community, especially the small the waiting lists of 25 Queensland hospitals; a businesses, is crying out for action on job $35m equipment replacement plan for creation schemes and economic growth, hospitals; $1m in minor capital works to that our unemployment has soared about improve elective surgery times; 540 additional 10 percent for the first time in 12 months; nurses and additional nurse training for the that country people feel they have been elective surgery plan; 80 new doctors; $37.4m left by the wayside; that the public service for dental care plans with $10m provided for are forever wondering who will be next on the Commonwealth Government shortfall; the the hit list; that our tourism figures are rural incentive program for dentists at a cost of down compared with other states that $470,000; $205.9m for a 10-year mental have less to offer than Queensland; and health plan; specialised community mental neither is it just the fact all the promises health services enhanced in 1996-97 by on law and order, eduction and health, $2.9m; $150m to mental health facilities once one of the best in the country seem across the State; a $25m project with 300 to lurch from one crisis to another as they people to be deinstitutionalised over three slide downhill." 4930 Performance of Coalition Government 4 Dec 1996

The Sunshine Coast Daily states further— the fall on his own, the Premier meekly "Once again we have a Coalition that accepted that and walked away—doing is secretive and places no importance on nothing but the Police Minister's bidding. honesty and integrity"— When there was a conflict of evidence and how true that is— between the Police Minister, the Premier, the Treasurer and the Minister for Industrial "in their determination to remain in power; Relations, what did the Premier do? Nothing! the end entirely justifies the means. Once He sat on his hands. That is what he has done again we have returned to the pre- from day one. He has shown no leadership. Fitzgerald era. He has done nothing in relation to leading this . . . rabble—an incompetent and corrupt Our state"— Government. and this is the editorial in the Sunshine Coast The conflict between the Government's Daily, which is circulated throughout the Ministers arises time after time. One only has Treasurer's electorate— to look at the conflict between the Environment Minister and Minister for Small "should be holding its head in shame." Business and Industry over whale-watching How great a comment is that—"this State licences. One is saying one thing and the should hang its head in shame." Do members other is saying another. They got stuck into know why? I will tell them: the lack of each other. Does the Premier show any leadership in this State—the lack of leadership leadership to resolve that issue? from the Premier and the lack of leadership from the Deputy Premier has manifested itself Mr T. B. Sullivan: No. in just so many ways in this Government. Mr ELDER: None whatsoever. He shows The most spectacular has been the no leadership. He just lets that slide. I refer to fragmentation, the constant infighting and, in the Minister for Environment and the Treasurer many cases, the non-performance of this and the issue of the oil and tyre taxes. The Cabinet. It all began in the lead-up to that Treasurer walked into this place and said that election in 1995 when those opposite thought she had the support of the farming that they had no chance. So they simply organisations in relation to that matter. Of promised everything—everything to anyone to course, Mr Littleproud had to say, "Not quite, get into Government. Then in the lead-up to Treasurer." That is why she finds herself before the Parliamentary Privileges Committee the Mundingburra by-election in February, as to explain misleading the House. Did the the prize came even closer, the levels of their Premier do anything in that case? Nothing! He desperation rose. The then Leader of the has not intervened at any stage to try to show Opposition and his shadow Cabinet let it be some direction to this Government. known widely that they would do anything to get elected. Some groups in the community That is why this Government is seized upon that, the most famous, of course, incompetent. That incompetence manifests being the Police Union which drafted the itself day after day after day. We have seen a memorandum of understanding in weak Premier demonstrate time and time consultation with the Police Minister. again that he has an inability to act decisively When the Premier was presented with or do anything in relation to showing that document, what did he do? Did he read leadership. it? Did he ask any relevant or pertinent We have the hapless Minister for Public questions in relation to it or about its Works—I will not go on too long about him consequences? Did he not even ask anything with only a minute left in which to speak—who at all about the concerns that he might have just lurches from crisis to crisis. Will the Premier about the document? He would have us sack him? No! The Premier gets up in this believe that he did not. No, it was not enough. House and supports the Minister. He gets up In the end, the Premier just signed it. He had in this House and says, "He is doing a great no sense of propriety. That has been repeated job." He gets up in this House and says, "He over and over again. will be here for some time." Why? Because When the document was exposed, what the Minister for Public Works is the numbers did the weak and ineffectual Premier do? He man for the Treasurer. did nothing! Because of his lack of leadership, At the end of the day, the Premier is not he was incapable of standing up to the Police going to actually sack the Minister. He cannot Minister. So when the Police Minister sack him. Instead, he has to jump up and threatened the Premier that he would not take defend him. 4 Dec 1996 Performance of Coalition Government 4931

Mr Hamill: He can do it with his fingers best we possibly can. We also have a on both hands. wilderness camp for young offenders being Mr ELDER: In the Liberal Party, well and implemented at Palen Creek . All of those truly. So on any reasonable measure, the initiatives are most useful and beneficial for Premier has just failed to display his the prison system. leadership. This Government is also putting in Time expired. another 96 beds at Lotus Glen, again with the involvement of the Aboriginal people to try to Hon. T. R. COOPER (Crows Nest— get it right for them. The Government will Minister for Police and Corrective Services and probably put in another 100 beds up in the Minister for Racing) (6:26 p.m.): I am pleased cape somewhere—somewhere outside Cairns to place on the record the excellent record of near one of the various communities. There this Government in the past 10 months. What will also be an increase in the number of a pity it is to have to listen to this usual diatribe outstations so that we can do it well. Bob that we hear, especially from the Deputy Scott, who was a Labor member of his place, Opposition Leader. Throughout the 10 months has also been doing a top job in that regard. of this Government, all he has ever done is This Government has placed a tremendous knock, knock, knock. He spends most of his amount of emphasis on making sure that we time in the gutter dragging up negativity. get it right. I heard the Leader of the Opposition, who I wanted to refer to racing. This I thought might have been a bit more Government has put a phenomenal amount responsible, calling for people on this side to of money into the racing industry—$3m into be sacked. Quite frankly, he should sack the QRIS scheme, $1m into harness racing himself. He would be doing the people of through the harness breeding scheme, as well Queensland a favour. Wherever one goes as $750,000 for the greyhound incentive throughout the State, all one hears about the scheme, which is brand new and the best in Leader of the Opposition is, "Isn't he a the nation—not to mention the fact that the knocker, isn't he a whinger. What is that Government is looking after the Matilda Beattie fellow really like? Is he the nasty, knocking, whingeing, whining character that he Highway Feature Race Series and the Fossil comes across as?" People are saying it Trail series. The Government is also getting harness racing going in Townsville and a across-the-board. They say that they are glad number of other activities that those members to have me in Government, that I am going opposite closed down. This Government is very well and that we have achieved so much. getting them going again and assisting that The Premier outlined quite a deal of what industry. Members should remember all of the this Government has achieved in the portfolios people who feed off those industries. This of Police, Corrective Services and Racing, as I Government is getting things going again. have done on so many occasions. However, Getting harness racing going in Townsville is let us not forget the prisons infrastructure. A going to make a phenomenal difference not $151m expansion program has been just in Townsville but in many other areas approved by Cabinet to tackle the damage throughout the State where racing is held. that members opposite caused with the chronic shortage of cells in the prison system. I refer to the Bingham report, which was The former Government let the prison system absolutely vital. That report contains 197 run down and allowed prisoners to be doubled recommendations. The Government wanted up in cells. This Government has had to put all of those reports that have been done—the these measures in place. It has had to get the PSMC, the CJC, the PCJC—— SEQ1 going at Wacol, which entails Wacol Mr Hamill: The MOU. and Moreton gaols combining into a 600-bed Mr COOPER: And that, too. All of the high to medium security gaol. A new women's issues in relation to that matter went to gaol will be located there as well. This Bingham so that they could be dealt with, and Government is getting rid of it from Boggo they have been. They are perfectly legitimate Road. It should have been got rid of from items and they are all going to be dealt with. Boggo Road long ago. The Government has They should have been dealt with long ago by put in the female annexe at Numinbah Valley the Labor Party. We will deal with them to for 25 female prisoners, which is a step in the ensure that we adopt the 197 right direction. recommendations that we believe are The fine defaulters system will be necessary to get the Police Service right. That implemented at Palen Creek so that those will certainly take some time and some doing. people can be placed and rehabilitated as Therefore, we have kept on Max Bingham and 4932 Performance of Coalition Government 4 Dec 1996 a number of other members of the overview However, that was just the beginning. The committee to drive the reforms and ensure Minister has blundered from accident to that they happen. We are committed to a accident, and almost daily demonstrates his Police Service that gives service to the people incapacity to provide effective leadership and and deals with problems of crime. Those are control of his department. Take, for example, the areas that are of prime importance—— the appointment to his staff of Patrick Time expired. O'Connor and Matthew Heery—although he says, "I did not know about that" but, I repeat, Mr BARTON (Waterford) (6.31 p.m.): I I do not know how any Minister could say that support the motion of the Leader of the he does not know who has been appointed to Opposition, because Police and Corrective his personal staff; that proves he is simply not Service Minister Cooper is one of the best up to the job—and, of course, Russell examples of this Government's failure to Grenning, who has since left his employment. provide appropriate leadership and We should not forget the Minister's role in performance in his ministerial portfolio. Nobody obtaining a job for Patrick O'Connor in the more than he demonstrates this Government's form of a hidden consultancy laundered desire to take Queensland back to the past. through former Liberal member of Parliament Nobody more than he demonstrates that this Ian Prentice with the assistance of his good Government is simply not up to the task in friend the Minister for Public Works. We should front of it. not forget his refusal to initiate action against Minister Cooper is a former Premier and a Patrick O'Connor, who he claims threatened former Minister of the Bjelke-Petersen and and attempted to blackmail both the Premier Ahern eras. He should be capable of and himself. We should not forget that the demonstrating appropriate leadership, but that Minister allowed an exclusive interview of is not what we are seeing. The Minister has disgraced and gaoled former Police had a cloud over his head from the very first Commissioner Terry Lewis at the same time day he was sworn in as a Minister in the that a Courier-Mail journalist was being Borbidge/Sheldon coalition minority charged for interviewing another prisoner. We Government. One needs only to look at his should not forget his refusal to accept role in developing the inappropriate Westminster tradition and answer questions memorandum of understanding with the during question time on important public Police Union, his participation in the covert issues raised by the Opposition and that his National Party campaign in the Mundingburra response to most questions contains by-election conducted by his friend, self- outrageous personal abuse. confessed liar and brothel keeper Matthew What is his performance like in his Heery, and his involvement with the Alice River mainstream portfolio activities? In prisons, branch of the National Party under the guise escapes are so frequent that, frankly, we of the Concerned Citizens for Mundingburra. should arrange for zebra crossings outside all prisons with signs warning "Escaped prisoners We should not forget that the Carruthers cross here". Deaths in custody are occurring at inquiry was told by counsel assisting, Cedric an absolutely alarming rate. Prisoners at Lotus Hampson, QC, that sufficient evidence exists Glen were given access to a shipping to consider charges against the Minister for container full of alcohol and a naked woman corruption and electoral bribery. Nor should we was found under a prisoner's bed in his cell at forget the role played by the Minister as a a Rockhampton prison. member of Cabinet in setting up the Connolly In relation to the Police Service, the inquiry to investigate the Carruthers inquiry, an Minister has created an expectation in the inquiry headed by the man who provided legal community about the provision of large advice to him as part of the defence of his numbers of additional police that simply actions before the Carruthers inquiry itself. He cannot be met. His promises are big, but most successfully participated in action to get of the increases will occur at the other end of Carruthers before Carruthers could get him. his 10-year plan. Our analysis of the 1996-97 The Minister has the gall to defend his actions Budget is that the true increase will be in the in Mundingburra publicly and in the order of only 20 new police officers, and that Parliament, which demonstrates that he there will possibly be 12 fewer police than cannot accept that he has done anything there are now. The Minister's figures do not wrong, whether the issue is considered legally, add up, no matter how they are analysed. The ethically or morally. This type of police officers who are graduating now, of leadership—the leadership style of Joh Bjelke- whom the Minister is so proud—and I am Petersen—Queensland can do without. proud of them, too—will largely meet only 4 Dec 1996 Performance of Coalition Government 4933 current attrition levels. They are not genuine We also cleaned up the Labor mess in additional police as the Minister is trying to capital works. There was a $1.2 billion blow-out portray to the community. The 7.3 per cent in capital works. The Labor Government made increase in police spending is not reaching promises without having the cash to pay for service delivery in the regions or the public. them. We have established a $2.1 billion Regional budgets increased by only 2.5 per program which will run over 10 years. A sum of cent to 3 per cent—not 7.3 per cent. Cost $295m will be spent this year on capital works, cutting in most regions is in the order of information technology, specialist equipment $300,000, with some areas being in the order and minor capital works. Two public meetings of $600,000. Police overtime has been cut by have already been held with the construction several million dollars. industry to show when the tenders come into Time expired. force so that businesses can tender for work. We have put money into country hospitals, Hon. M. J. HORAN (Toowoomba aged care and psychiatric institutions. Most South—Minister for Health) (6.36 p.m.): importantly, we have started work on the QE II Tonight we have seen a Labor Opposition Hospital to bring it back on line after the Labor absolutely devastated by the way that the Government virtually destroyed it. public threw it out at the last election and the way it has seen the coalition Government The greatest achievement of this deliver so many practical and important Government has been its Surgery on Time promises. An incredible list of achievements program. We are one month ahead of has come from the coalition Government in schedule. Category 1 patients are now able to only nine months. As the Premier has said, we have their surgery within 30 days. We have have done more in nine months than the already reached the target of no more than 5 Labor Government did in six years. per cent long waits for Category 1 elective surgery patients. Confidence is being restored In the area of health, the first thing that to the people of Queensland. we did was to fix up the financial mess that we inherited from the Labor Party. We paid out If that is not enough, this morning I told the $52.4m budget overruns. We fixed up the the House about the increase in elective $34m that the previous Government tried to surgery procedures done during the first three hijack from capital works to cover up the black months of the year as compared to last year. hole of budget overruns developing under its Some 2,080 more operations have been done administration. In fixing the financial mess, we than under the Labor Government in the allocated $22.5m in this year's Budget to same period. The figures for four months show ensure that we paid EB1, because under the that 3,532 extra procedures were completed Labor Government EB1 had no cashable under the coalition Government than were savings and no money to pay the nurses, completed under the former Labor doctors and other hospital staff. Government during a similar period. What a Within two months of coming into office, great achievement! Nothing so clearly we had got rid of Labor's failed regionalisation demonstrates how practical and back to basics program and its entire level of bureaucracy. the coalition Government is. Nothing more That has resulted in multimillion dollar savings. clearly demonstrates the failure and the waste In its place we have established 39 districts, of money that occurred under the previous which includes the Mater Hospital. Thirty-eight Labor Government. These are solid, up-on- district managers have been appointed to the-wall achievements, shown in black and each of those districts and they have already white. Members can look at the scoreboard: been through two training programs. They 3,532 more procedures have been performed have real direction and they know exactly than were performed under the Government where they stand. They have been provided of members opposite. with district budgets and they now provide In addition, in the budget we delivered an Queensland Health with monthly, year-to-date extra $312m, 540 new nurses and 80 new figures so that we can ensure that the financial doctors. We introduced a dental plan that is chaos that existed under Labor no longer already delivering results, and we put on extra exists. We received 1,300 applications for 320 dentists in places such as Rockhampton and positions in the district health councils. Many Gladstone under our incentive programs. We people applied over and over again for have overseen magnificent achievements in different positions. That demonstrates how mental health and have introduced a 10-year important it was to the public to get some plan. We have provided extra money for staff genuine community input back into the way at the Royal Brisbane, Nambour and that health services are delivered. Rockhampton psychiatric units. 4934 Performance of Coalition Government 4 Dec 1996

We shifted the Rural Health Unit to Roma, The Mater Hospital is closing beds across the where it should be. We provided a flying hospital in a bid to cut costs. That will mean a dentist at Longreach. We have provided $1m reduction in services and treatment levels for for allied health services in rural areas. We fully sick people. The PA Hospital is also cutting funded the Rural Health Scholarship Scheme. services. Today, ICU beds went. What will go What about community health? We created tomorrow? 147 new positions. We put on seven We all know that, if the Minister keeps additional child-health nurses. We provided an cutting services to patients, he can bring his immunisation plan at a cost of $1m to look budget into line. It is those jolly sick and after our kids. In the Logan, Beenleigh and injured people—they are the ones who cost Townsville areas, we employed Government the money. Get rid of them and the Minister medical officers to look after women who have will not have a budget overrun! The Minister been sexually assaulted. That is something keeps criticising us because we continued to that members opposite could not do. We are treat sick and injured people and overran practical; we get in there and do the job. budgets. How dare we treat sick and injured Time expired. people! Shame on Labor for treating sick and Mrs EDMOND (Mount Coot-tha) injured people! (6.41 p.m.): In supporting this motion of the There is one thing that this Minister does Leader of the Opposition, I wish to focus on well: he likes having his photo taken in front of the dearth of leadership in the Health Ministry. Labor capital works projects. He does it over Over the past few months, as Queensland and over again. He practises it. The only thing Health has reeled from crisis to crisis, with he has done is delay those capital works strikes, sackings, threats and bed closures, the projects. Now he has meddled in PA's bumbling, bullying Minister's sole response to planning so much that he has completely any criticism or truth has been to order a destroyed its plans for managing service cover-up—another review to shut up the critics. delivery during the rebuilding phase, especially How does that fix the problem? The critics for the spinal injuries unit. Now that the cannot always be bullied into silence. Minister has meddled so much, it does not know what to do. Yesterday, I alerted this House to the fact that the Gold Coast Hospital inquiry was yet As I have said, we have seen another cover-up. The investigating committee unprecedented industrial action throughout decided that it was okay for the hospital to be Health in the last six months, largely as a underfunded, have duplicated services, poor result of the Minister's arrogance. His refusal to management and limited resources, staff discuss options with junior doctors led to the shortages in key areas and patient treatment first ever doctors strikes at all of the teaching delays. The attitude is, "Other hospitals are in hospitals in Queensland. What a way to be the same boat, so it is okay." The Minister was written up in history! He wants to be the first proud of the fact that he forced the director of Health Minister to be written up like that. His medicine to resign for whistleblowing. What will belated offer to negotiate was a useless joke we see now that 22 others have backed him and was treated as such. up? Will they all have to go? Will the Minister Nurses and allied health workers have do what he did in Kirwan and push them all very rarely taken industrial action. They have out? Will we see a massive purge of the Gold taken more industrial action over the last six Coast Hospital just to shut up any criticism? months than I can remember. Why? It is Will that be the Minister's solution once again? because the Minister will not consult with This Minister will not give the hospitals them. He treats them as if they do not count. their budgets. He refuses to give them their He refuses to listen to health workers and to budgets and then he says that they have to include the major staff areas in budget stick to them. It shows the Minister's very briefings and discussion. What are the health unusual style of leadership that he will give workers speaking out about? They are them this year's budget after next year's State concerned about the same things that we are budget is brought down. Hospitals around the concerned about: the missing hospital State are begging the Minister to come clean budgets, the missing increased nurses, the and tell them just what is going on. The Cairns missing doctors, the missing beds that are Hospital has said publicly that it cannot provide supposed to have been opened but which no- the services that it has been providing with its one can find, and the missing care for patients present budget. It will have to cut services. that no-one now has time to give. The Cairns Hospital says that it has been The workers who speak out are doing so snubbed by this Minister and Government. at their own risk. This Minister keeps telling us 4 Dec 1996 Performance of Coalition Government 4935 that he is taking us back to basics. He is taking opposite could not do in eight months. They us back to about as basic a health system as went into the election campaign with very we could get—a system where cockroaches similar policy initiatives to ours in terms of are walking over patients in hospitals. Are we behaviour management. The former going to go back to the days under the Government had eight months to get the National Party Government when maggots legislation in place, and not a skerrick of work were found in the patients? Is that the sort of was done in that time. Within eight months, back to basics approach that the Minister we had the legislation through this House. wants? That is a National Party health system! We have allocated more money for I table that document. students with disabilities. We have again Time expired. focused on numeracy and literacy and Hon. R. J. QUINN (Merrimac—Minister provided more money in that area. We have introduced school-based constables, as we for Education) (6.46 p.m.): We have already promised in our election campaign. We have heard about the outstanding achievements of introduced new accountability and reporting this Government in eight months in respect of frameworks in schools. For the first time, police and health services. We have a similar airconditioning was provided in north record in relation to education. Our first budget Queensland schools. We will spend $65m on contained record funding—up 10 per cent. For Cool Schools. Not only will we put the first time ever, the Education budget for airconditioning in State schools; we shared the this State was over $3 billion. The capital funds with non-Government schools, which will works budget provided a massive increase of get funding as well. We did all of those things over $100m for schools and refurbishments in the State schools and we also put in place across this State. That is unprecedented. additional funding for non-Government Not only was there increased funding; we schools. Whether parents send their children got the funding that was already there on to non-Government schools or State schools, track. When we came into Government, the there are additional funds in the budget and refurbishment program in schools—Building they will share in all of the new initiatives. Better Schools—was at a standstill. The former As well, we have tidied up many of the Government had a budget of $44m. In the problems that the Labor Party left us. We first eight months, it had spent a lousy $4m. have fixed up the problem of the Tannum We have cranked up the spending and real Sands State High School, which was at an progress is being made. We are spending impasse under the previous Government. That over $3m per month on refurbishing our is one of the reasons why members opposite schools. are sitting on the Opposition benches. Under our first budget, almost 1,000 new Members opposite were giving the people of teachers will come on line at the beginning of Tannum Sands a lousy deal in respect of their the next school year. That is more than is high school. We have fixed up the problems provided in any other budget in the State. Not with the high school at Wilsonton. For six years only that, we are making real progress in the former Government promised a high respect of the conditions on which we employ school at Wilsonton in Toowoomba but did not our teachers. For over four years, there had deliver. Now it is on track. It is the fourth high been no progress in improving remote area school to be delivered in Toowoomba. The incentives for teachers. The funding that the high school in Kuranda is also on track. previous Government used to implement Right across-the-board this Government in remote area incentives was contained in the eight months has done more in terms of 1989 Budget of the previous National Party police, health and education than the other Government. All the Labor Party did was use mob did for six whole years. Is it any wonder the $2m in its Budget. That is all it did. What that members opposite now find themselves have we done? Next year, the Remote Area on the other side of the Chamber? They Incentive Scheme funding will double. In the offered six years of inactivity, six years of year after that, it will treble. In that way, we failure, six years of doing nothing, yet they hope to attract and retain qualified teachers in whinge because they are now consigned to remote areas in Queensland. the Opposition benches. It ought to be quite Another thing we did was to improve plain to the people of Queensland that this is behaviour management in schools. We a Government of achievement. Health, law allocated more funds—$10m over three and order, police, education—count them years—for alternative programs. We have put down, we have done it. Members opposite did in place legislation to improve the school nothing for six years but sit on their backsides. discipline regime—something which members Time expired. 4936 Performance of Coalition Government 4 Dec 1996

Mr BREDHAUER (Cook) (6.51 p.m.): Mr SPEAKER: Order! The member will Over the past 10 months this Government has refer to the honourable gentleman as the perpetrated a fraud on the people of Honourable "Minister for Education". Queensland, and nowhere has that been Mr BREDHAUER: I have not referred to better evidenced than in the five minutes of him as anything yet! He promised to double diatribe that we have just heard from the the number of guidance officers. We left them Minister for Education. He got up and claimed with 347 guidance officers. How many did the credit for Labor projects; he claimed credit for Government put on in this Budget? things this Government has not done; he Eighteen—1-8! How is that doubling the claimed credit for things that we put in place; number of guidance officers? And he tries to and he refused to acknowledge any of the weasel out of it when he comes in here. shortcomings which "Backdoor Bob"—or He talks about the massive increase in "Backdown Bob", as they now call him—has capital works. What did this Government do to perpetrated on the education community in capital works? It imposed a capital works Queensland. freeze. How much did that cost Education? Let us talk about the school cleaners, to $33m! That is $33m in unspent capital works. start with. Who will ever forget the day he held Then he talks about what the Government did a press conference out here on half an hour's for students with disabilities. The people with notice to the union and sacked 6,000 school disabilities will not forget what the Minister did cleaners—6,000 ordinary battling to them. He said he was going to terminate Queenslanders thrown on the scrap heap of the enrolments for special schools. He could unemployment by this Minister and this not even get his act together. He is going to Premier and this Government, who on 10 throw 236 students out of special schools. He separate occasions gave them written could not get his act together in terms of post- undertakings that their jobs would be secure. school options; he could not get his act He threw them on the unemployment scrap together in terms of anything else. He was just heap. It took this Opposition, in conjunction going to throw them out on the street and let with a campaign by the Australian Liquor them and their parents and carers fend for Hospitality and Miscellaneous Workers Union, themselves. to secure their jobs. But it was not just the The Minister even abolished the school cleaners and their union he refused to Sunsmart Program. Hundreds of thousands of consult. He has refused to consult with little kiddies out there used to get a hat and a parents, teachers and community groups the bit of sunscreen and some education about length and breadth of this State. Consider the dangers of Queensland's sun. One would what he did with the parents and teachers in think he would know better, but he threw relation to the Education (School Curriculum P- Sunsmart on the scrap heap as well. What 10) Bill. He brought out draft legislation and about the school uniform allowance? He said, "We are throwing you off. You haven't promised that he would send $29m back to got a contribution to make." It was only when the P & Cs. He reneged on his promise there, the hue and cry went up that he was forced too, and he sent it back to consolidated into yet another backflip, yet another revenue so that Joan could spend it on a backdown. "Backdown Bob" did it again! He motorway on the Sunshine Coast. started on the cleaners, then he started on the What about the Remote Area Incentive P-10 boards. Scheme? He stands up here and says we did nothing for four years to improve the Remote He has announced numerous reviews: Area Incentive Scheme. He forgets that we into OP scores, LOTE, the Donnelly review, actually implemented that scheme. In 32 school-based management, community years coalition Governments did nothing. For education counsellors, regional offices, school 32 years we campaigned up and down the support centres, the school uniform allowance length and breadth of this State for a Remote and environmental education centres. This Area Incentive Scheme. A number of teachers has been a Government of review. There is no in remote areas are actually going to be end to the reviews and the inquiries. Not only disadvantaged by the scheme this Minister are there the ones set up by the Attorney- has brought in. What about the fraud he General and the Premier and the Cabinet; this perpetrated here last week with his behaviour Minister has had more reviews than Phantom management stuff? The list goes on and on. of the Opera! What about the guidance He has deliberately breached the Anti- officers? He went the length and breadth of Discrimination Act and he has thrown school this State last year—— principals at the mercy of the Anti- 4 Dec 1996 WorkCover Queensland Bill 4937

Discrimination Commission. The Minister said accepted the job in good faith and worked for that he would review student performance the company for a number of months. standards. What was the result of that? The He kept quite meticulous records, and at Government has now established Queensland the end of a period of time, he checked the levels of student performance and another money that had been paid to him against trial. It has not changed; there is just going to award entitlements and discovered that he be another trial. The Government has also cut had received substantially less than he would the funds for computers in schools. have received if covered by an award. The This Government is not up to it. This case was ultimately taken to the Industrial Minister is not up to it. Their eight months in Relations Commission. Under the contract office have been characterised by broken provisions, the worker was deemed to be an promises and backdowns and backflips by this employee and was paid entitlements in Minister. The people of Queensland know it, accordance with the award. and they will vote accordingly at the next The issue that I would like clarified is: election. under the proposed new definition of "worker", Time expired. where would that person stand in respect of Question—That the motion be agreed an entitlement to workers' compensation had to—put; and the House divided— he been injured prior to the decision of the Industrial Relations Commission which AYES, 44—Ardill, Barton, Beattie, Bird, Bligh, deemed him to be an employee? Braddy, Bredhauer, Briskey, Campbell, D’Arcy, De Lacy, Dollin, Edmond, Elder, Foley, Fouras, Mr SANTORO: Quite simply, what is Gibbs, Goss W. K., Hamill, Hayward, Hollis, Lucas, important within the Act is whether or not there McElligott, McGrady, Mackenroth, Milliner, Mulherin, is a worker/employer relationship, and if that Nunn, Nuttall, Palaszczuk, Pearce, Purcell, Roberts, can be established once an accident or an Robertson, Rose, Schwarten, Smith, Spence, injury occurs within the workplace, an Sullivan J. H., Welford, Wells, Woodgate Tellers: employee who believes he is a worker can Livingstone, Sullivan T. B. take his or her case to the board. The board NOES, 44—Baumann, Beanland, Borbidge, Connor, then needs to make a decision as it becomes Cooper, Cunningham, Davidson, Elliott, FitzGerald, aware of the full facts. Gamin, Gilmore, Goss J. N., Grice, Harper, Healy, Mr Roberts: If they paid PAYE at that Hegarty, Hobbs, Horan, Johnson, Laming, Lester, Lingard, Littleproud, McCauley, Malone, Mitchell, stage. Perrett, Quinn, Radke, Rowell, Santoro, Sheldon, Mr SANTORO: As the member knows, Simpson, Slack, Stephan, Stoneman, Tanti, Veivers, there are quite a number of workers at the Warwick, Watson, Wilson, Woolmer Tellers: moment who are not covered under the PAYE Springborg, Carroll provisions who still get covered by the workers' The numbers being equal, Mr Speaker compensation system. cast his vote with the Noes. Mr Roberts: But not under this particular Resolved in the negative. definition. Sitting suspended from 7.02 to 8.30 p.m. Mr SANTORO: Under this particular definition, PAYE becomes the definition of "worker" and other people who do not come WORKCOVER QUEENSLAND BILL under the PAYE net will be able to be covered Resumption of Committee under other provisions of the legislation. Debate resumed (see p. 4925) Mr Lucas: But not mandatory. Clause 12 continuing— Mr SANTORO: That is correct; 95 per cent plus of employees will be covered under Mr ROBERTS (8.30 p.m.): I have a the PAYE provision. I am happy to listen to particular scenario to put to the Minister in the contribution from the honourable member terms of the coverage of particular types of for Lytton and then make my substantive reply workers. It involves an actual case with which I to what the shadow Minister and other was involved a couple of years ago. It involved members have said. The point I am making is a worker who was looking for work at a time that there are provisions under which all when jobs were quite scarce. The worker was workers can be covered and those provisions in the electrical trade. The only job that was will be very heavily advertised. I have heard offered at the time was a position with a what honourable members have said, that company that offered to pay on the basis of maybe the knowledge of those provisions is 20 per cent of the invoice total of the work that presently limited, and it is a responsibility of was completed every month. The worker Government to ensure that a fair dinkum 4938 WorkCover Queensland Bill 4 Dec 1996 education process is in place. I have given they are employees. They are subject to that commitment to the Chamber. We believe direction by the employer, they have to work in that this definition of "worker" will help prevent a set manner and really, for all practical avoidance that currently is taking place and will purposes, they are employees but for various in fact cover Queensland workers taxation reasons they are not. Under this considerably. definition, whether a person is covered in the Mr ROBERTS: The key point in this building industry or not will depend on a particular instance was that the person number of factors that are largely beyond that believed genuinely that he was an employee. person's control. Those people do not always It was actually determined by the Industrial have the power to determine their conditions Relations Commission some months later that of contract. It is not unlike the situation in he was, but if that person did make a claim for which sales representatives find themselves. an injury in the first instance under the I work in a voluntary capacity at the definition that has been proposed, it would Community Legal Service, and there we have been rejected by the board on the basis frequently see people who have a job, that the person was not receiving PAYE. I invariably in sales on a part commission/part make the point and re-emphasise the fact that retainer or a whole commission basis, and a lot of people find themselves in these they tell us that they have been told, "Look, circumstances. I am concerned that under that you are a contractor. We do not take any tax very strict definition, people who are caught in out for you", but in actual fact they are these situations where they need jobs and employees. By this definition, the Minister will they take whatever is offered may in fact be create a whole class of people who will fall genuine employees who should have been outside the net because they have not got the liable for PAYE deductions but were not. bargaining power to negotiate for themselves Those people will be rejected by the board in as an employee or, alternatively, to get the the first instance and they may not get a contractor or employer to pay premiums. second chance. The Minister might have thought the Mr SANTORO: I think that, rather terrible case of the de factos of the Moura unwittingly, the honourable member for mine disaster missing out under the Workers' Nudgee has in fact highlighted one of the Compensation Act was bad enough, but advantages of the legislation. What he is under this definition there will be a stream of doing is clearly criticising the deficiencies within people who do not have proper bargaining the current definition of "worker". The member power—they might be young kids, they might can shake his head, but that is what he is be people who just want a job, any job, but doing. He is saying that previously some they have to sign something that says they people have fallen through the net. are a contractor—who will fall outside the Mr Roberts: No, I'm saying under this scope of the workers' compensation net. I definition they will. cannot support the clause as it currently stands. I am supporting the amendment Mr SANTORO: I am saying that now, foreshadowed by my colleague the that will not be the case. There will be PAYE Honourable shadow Minister. workers who will be covered by WorkCover and the rest will be covered under provisions As well as responding to that proposition, contained elsewhere in the legislation which I ask the Minister to clarify how many will enable them, if they wish, to insure with persons—if he can give some estimate—who WorkCover, but that is not the case under the are covered under the old definition of existing legislation. "worker" would fall outside that definition under the new Act and how much money is Mr LUCAS: I have a number of expected to be saved? concerns with respect to clause 12. I wonder why it is necessary to change the old Mr SANTORO: I would like to address definition. At present, one of the greatest the substantive nature of the two previous areas of avoidance of workers' compensation members' remarks, including those of the premiums is in the building industry, and it is shadow Minister, but one thing I would like to also one of the greatest areas of injuries. acknowledge right from the start is one of the points that the honourable member for Lytton Mr Harper: What would you do? made, that is, that under this legislation and Mr LUCAS: Certainly this is not the under the previous legislation there is certainly solution to it. This is going to make it worse. potential for unscrupulous employers to take Frequently in the building industry people advantage of certain workers, and the claim to be contractors when in actual fact member mentioned some categories. In this 4 Dec 1996 WorkCover Queensland Bill 4939 legislation we are particularly concerned with system into which people will be coerced minors and intellectually impaired persons who ignores the fact that one of the major reasons may not have a proper understanding of the why people go onto the prescribed payment taxation requirements. system is that they enjoy a range of benefits It is recognised that a worker could be including a much lower overall taxation rate. unknowingly coerced into an illegal non-PAYE Mr Purcell: Not at the end of the day. taxation arrangement. WorkCover would Mr SANTORO: They are choices that provide a safety net for those workers who are made. have been forced into illegal taxation arrangements by their employer by Mr Purcell: They don't have a choice. considering an application for compensation They are told that is the system—take it or from an employee if, in WorkCover's opinion, leave it. the employee should have been taxed under Mr SANTORO: No, they are choices the PAYE system. It is matter of having those that are made, and there are advantages that matters brought to the attention of WorkCover. accrue to the making of that particular choice. I suggest that there will be considerable It seems to me that members opposite mechanisms and incentives within the system constantly play down the intelligence factor for that to occur. At that point, WorkCover will and the ability of employees to choose to extend cover to those people, because that is enter into their own arrangements. Most of the the clear intention of the new Bill. people about whom members opposite are However, the majority of the people in speaking—typical PPS people—can employment are PAYE taxpayers. To answer substantially reduce their net taxable income one of the honourable member's with a range of deductions associated with questions—the Taxation Office indicates that their business activities, including the 95 per cent of workers fit into that category. deduction for tools of trade, car usage, phone, There are many reasons why that particular office and other business expenses. I would provision will help prevent non-compliance. suggest that the vast majority of those people The new definition will be closely aligned with choose to go into that arrangement with those the Commonwealth taxation laws. It will particular advantages very much in mind. We present employers with less opportunity for believe that the PAYE arrangement is one premium avoidance, because they will have that will help to clarify who is a worker and who certain obligations forced upon them by the is not a worker. We advance that as the best legislation. way of defining the master/servant relationship Mr Lucas: But the Commonwealth and "worker". taxation laws are not traditionally a test of Mrs CUNNINGHAM: There has been a whether there is a master/servant relationship. lot of concern about the fact that PPS workers Mr SANTORO: The PAYE relationship will be excluded from the provisions of this is by far the most precise test. clause. It has been stated in the second- reading debate that there are nine categories Mr Purcell: With respect, Minister, they of work groups who are paid specifically under don't mind. All they want is money. Whether PPS. There has been a remedy offered for they get the PPS system or PAYE, they don't building workers, that is, a possibility of a care. workers' compensation fee being collected Mr SANTORO: I am still to hear from with the long service leave levy that is the member what he thinks may be a more collected by local authorities. That is one reliable test of a master/servant relationship. category out of nine, and that is an achievable Certainly, in terms of the efficiency of a method of collecting premiums. If there was a scheme such as that we are considering remedy for the other eight, would the Minister tonight, that is the definition that is acceptable consider reinclusion of those in the PPS and the one that I believe should be system provided collection of premiums could advanced. It will also allow for the more be followed, guaranteed and be transparent? accurate monitoring and auditing of Mr SANTORO: I have taken advice on employers. the point that the honourable member has In relation to what happens in the case of raised. That particular proposal in terms of employees who are not on a PAYE premiums collection for building workers has arrangement—clearly those people would be been put forward by the CFMEU. With respect, going onto other arrangements, such as the I would suggest to the honourable member prescribed payment system. For honourable and to other members that that particular members opposite to suggest that that is a proposal has a number of flaws. I have been 4940 WorkCover Queensland Bill 4 Dec 1996 advised that there would be considerable how labourers are paid, because a high compliance difficulties created because proportion of labourers who work in the employers are operating across industry construction industry come from the country. I boundaries within that industry and that there do not think anybody leaves school and would be premium avoidance due to the aspires to be a builder's labourer. They come tendency to minimise wage declarations for into the industry through necessity. work done in other industries by claiming that Mr Elliott interjected. the majority of work was done in the building industry. There would also be collection Mr PURCELL: That is right—necessity difficulties since the collections currently to earn an income and as a stopgap measure. undertaken by the Portable Long Service Their knowledge of the industry and how they Leave Board are limited to certain building get paid is very low. When they are working for industry sectors. The important nexus between somebody, they take it for granted that their premiums paid on the basis of wages and workers' compensation will be okay. I have benefits payable would be broken. There heard what the Minister says about an would be operational difficulties in determining intensive campaign in the beginning to let the extent of cover for subcontractors as people know that they will not be covered by proposed by the CFMEU, which is the workers' compensation if they are not PAYE proposal that I think the honourable member taxpayers. He will have to do that every month is quoting. When I consider that and every year from here on in because of the proposal—which, by the way, is the only high turnover in that industry. The Builders tangible alternative that has been put to me Labourers Federation has carried out by a union or anybody else—I think that I exercises in relation to the high turnover of cannot accept that the collection mechanism membership of that union and other unions, would be an efficient one. which is enormous. Static workplaces where people go year in and year out are a different Mr PURCELL: To move away from the kettle of fish. That is a much easier work force definition that we have in the Workers' to educate about their rights. Compensation Act at the moment—which is This is a work force that has a high probably one of the best definitions of "worker" turnover. Over 12 months, there would in any Act in Australia—is to really sell out probably be only a small fraction of the 20,000 those workers who are least able to look after construction employees who work as builder's themselves. I talk from experience of about 18 labourers still working as builder's labourers— years in the construction industry. When the probably only about 5,000. What happens to Minister says that workers have a choice as to those 15,000 builder's labourers who join and how they will be taxed, he shows that he does then leave the industry? I do not think that not know the industry. When I first worked in they will be covered by workers' compensation. that industry, there were classes of people They will certainly not get extra remuneration who had never received a pay packet in their from their employers when they are on a PPS lives or paid tax. I am talking about 20-odd arrangement. The PPS arrangement screws years ago or a bit longer. Slowly but surely, down the employees for less money. It is an those people in the commercial and semi- all-in payment. It means forgoing the awards commercial sectors were cleaned up by the rates of pay and paying an all-in rate that is unions and were given a pay packet, because less than the award. It is to the employer's the rate of pay that they had been receiving advantage to do that. Those people do not was mainly cash in hand and was well below know that they are getting screwed and that that to which they were entitled under the Act they are not getting what they are entitled to that relates to their wages and remuneration get. They will fall through the net. The Minister as its still stands in Queensland. is abandoning those workers and their families In the housing industry and those to whatever system by which they can get industries that relate to smaller jobs, which are money because they just will not be covered. not unionised, that still happens. It happens For instance, the majority of concrete down to a man. There are people in those work, except in commercial areas, is industries who can look after themselves and contracted on a daily rate. Those workers bring do something about setting up a company to the job their hands and their backs and and about how they get remunerated, but nothing else. they form a very small percentage. The Mr Davidson: And tools. majority of them are unable to do that. Mr PURCELL: I can assure the Minister I would imagine that members across the that they bring very few tools because builder's Chamber from me would be very interested in labourers do not get paid a tool allowance. 4 Dec 1996 WorkCover Queensland Bill 4941

Under the award and under the Act, the combined. That is a terrible statistic for contractors are required to supply the tools. Queensland, or for any industry. Those are the A Government member: They've got people that the Workers Compensation Board a lunch box and a thermos. picks up. The injury rate over a five-year period from 1985 through to 1991—and this is an Mr PURCELL: That is about it. Because average—was 8.6 per cent. those people get an all-in daily rate, they are paid PPS and, of course, they are paid cash in Mr Pearce interjected. hand—large amounts of cash in hand. Who is Mr PURCELL: I know that the coal going to cover their workers' compensation? industry has a higher death rate, but it does They are usually the people who work in the not have a higher injury rate. Also, the highest risk categories in the industry. They labouring side of that industry has a much are the persons who really make the industry higher average on the construction side than go round. the other people who work in the industry, Mr Davidson: Are they members of the which really makes them vulnerable. They are union? the people who move in and out of the industry on a fairly regular basis and they will Mr PURCELL: A lot of them are. That not have any coverage at all. does not make any difference. They look on it as an insurance because after the bosses Mr Ardill: But they have now. have robbed them for long enough, or they Mr PURCELL: But they have now. That get into trouble with workers' compensation— is the argument that I have been putting up as John Hastie will probably attest—I have to for probably two or three years. The give him a ring or get them off the hook or sort department picks up the responsibility for something out because in a lot of cases they those bodies and they receive compensation, just do not know what they are entitled to. The yet the Government is not collecting the same thing applies to brickie's labourers, steel premiums. The Government is really going the fixers, scaffolders and riggers. Hoist/winch wrong way. It is saying that it will just close it drivers are usually employed by a major and do away with all of those bodies and just company. However, a whole class of people in collect the premiums for one section. The the building construction industry are going to Minister should be keeping the scope as wide be left out. If the Minister looks at all the as possible in order to keep the scheme as bridges and roads, he would realise that the viable as possible and still collect those civil engineering field would have a similar premiums from those employers. amount of people—actually, much larger Mr LUCAS: In relation to this clause, I numbers than in the building industry, as the have a few issues that I want to emphasise. Minister would realise—who would be in the The Honourable the Minister talked about the same situation. right of people who are in a contractor's I refer to some figures from the position to be able to negotiate coverage for Government Statistician's Office in relation to themselves under the legislation. I have a the health and safety of workers in the problem understanding why the Minister has a construction industry. These figures are taken problem with those people being covered by from the accident database. It is really very old the legislation. Obviously, the Minister is going information and the current numbers would be to take a premium from those people. If he is much higher. going to take a premium from those people, Mrs McCauley: What year? what is the problem with making it a mandatory premium rather than some sort of Mr PURCELL: The year is 1991. voluntary scheme that is going to get the Mrs McCauley: They're very old. Government into trouble? It would be like Mr PURCELL: They are very old. They having a compulsory third-party insurance are the latest figures that I could get from the scheme that was voluntary instead of library. I would like the Minister, if he could, to mandatory with registration. It just creates give me some idea of how many wage and trouble. salary earners for whom the Workers I refer to today's Courier-Mail, which I Compensation Board in Queensland collects have in front of me. I will not table it, but an money. While the Minister is getting that advertisement contained in it refers to a carpet information, I point out that the construction cleaner that is required by a leading Australian industry has constantly had the highest rate of company. It states that experience is desired injuries per 100 wage earners of any industry. but not essential, and that the person must be It has constantly had an injury rate that was able to work flexible hours. The paper also substantially higher than all other industries refers to a courier subcontractor, requirements 4942 WorkCover Queensland Bill 4 Dec 1996 being a late model white van with LPG, set employers and the insurance companies, areas, to be of neat appearance and willing to including British insurance companies, all work. Arguably, the people who will fill those fought against way back in 1916 was the positions are employees, but they are comprehensiveness of the proposal so that intended to be treated as contractors. Those every employee who received a wage or salary people are going to fall outside the net. We was covered. In this Bill we see the are going to have a situation in which more dismantling and fragmentation of that system and more people and their families are going so that nobody knows whether they are to be prejudiced and disadvantaged by this covered or not. No longer will we have total decision. I cannot understand why the Minister coverage and the total payment of premiums. cannot amend the clause in line with what the The Workers Compensation Board should Opposition is suggesting and take the know that it has a right to collect a premium premium from those people and insure them. I from every employer of labour. Any argue that that is a far better way. fragmentation of the system must result in My colleague the member for Bulimba increased premiums and in a less efficient and very eloquently referred to the situation that effective system of cover for people who are exists in the building industry, which he knows injured at work. I believe that the Minister like the back of his hand. In relation to PPS should accept the amendment that has been and contractors, it is hard enough in the foreshadowed. He has not advanced any building industry. They have some industrial reason for not supporting the amendment, muscle because they see the sense in which would return workers' compensation to collective solidarity. What about the situation the comprehensive system for which for those people who take up the jobs that are Queensland was noted, and which other advertised in the paper, such as those which I States and countries have copied. just read out? They do not really have any muscle. Often people say, "I have just got a Mr DOLLIN: I seek an explanation from job. It is multi-layer marketing", or "I have just the Minister in regard to a similar case to those got a job selling aluminium siding." Those referred to by the member for Bulimba and people are the smallest of small businesses. I others. Timber-cutters in the timber industry would have thought that we would have all may own a four-wheel drive, a chainsaw, a been interested in giving them some crowbar and an axe. Sometimes they work as protection. However, as it stands the clause solo cutters. I have always thought of them as does not give them protection. It is fine to say, contracting with the sawmill to fell timber on a "They should get insurance." I am sure that, cubic metre rate—piecework, if one likes. when those people bowl up to the employers Sometimes that rate is set by forest services. saying, "I want a position selling whatever with To complicate it even more, sometimes the your company but I am not going to take it timber-cutter will have a partner—a mate or a unless you insure me under the WorkCover cobber, call him what you will—who works with Act", they will receive very serious him in the bush. That person may own a consideration. Unlike everyone else who does chainsaw or may just supply his labour. Will not ask for it, they will be relegated to the these people be treated as subcontractors? scrap heap. The same situation applies in the Mr ARDILL: I am appalled at the harvesting industry. Sometimes mills own what attitude of the Minister in relation to this are called skidders which pull the logs clause. Many years ago when I worked in the together. The sawmill owner owns the skidder, building industry, I received cash in the hand but he pays a contract rate per cubic metre for and I did not have a clue whether I was a man to pull the logs together. Often, such covered by workers' compensation or not. workers are not covered by an award and do However, I assumed that I was covered. not earn award rates. However, they are told by the industry that employs them that it is up Since 1916, the whole concept of workers' to them: the more they do, the more they get; compensation in Queensland has been based if they do not work hard enough, they do not on comprehensive cover and the unitary earn the award. Where will that settle? system—the fact that everybody comes under the one umbrella. That is what has made the Mr BRADDY: The Opposition has clearly system viable. The Minister pretends that he is put its case in relation to clause 12. I indicated concerned about escalating premiums and at on behalf of the Opposition that, in the event the same time he is fragmenting the system of clause 12 succeeding, we have circulated and reducing the ability of the system to an amendment which would only then be provide reasonable premiums and a moved. Of course, the amendment is that the comprehensive service. The concept that the current definition under the Act would be 4 Dec 1996 WorkCover Queensland Bill 4943 inserted instead of the definition sought by the into PPS arrangements. They receive benefits Minister's legislation. and they make a choice. When one enters Mr ELLIOTT: A number of cases have into PPS arrangements, one makes a choice been put to me. What the Opposition says and there are benefits that are available. sounds very plausible and, in many instances, Therefore, there is an obligation on those it is correct. Unfortunately in the subcontracting people to take out their own insurance and area, particularly with some small companies that can be done under WorkCover. which work for the bigger companies in the In the case of employers who do not construction industry, employers not only not cover employees where there is in fact a pay their workers' compensation premium but master/servant relationship, I recommend that also take tax from the workers and do not honourable members read the Act as a pass it on. What the Opposition wants will put whole. Under proposed new section 52, workers at the mercy of many companies there is an obligation on employers to which, quite frankly, are fly-by-nighters who provide insurance—WorkCover or workers' bankrupt one company after another. compensation, whatever it is called. In other What we really need is some sort of words, employers are liable at law whether or system under which people insure themselves, not they are paying a premium. If they are not and there must be a guarantee that they have paying premiums and if they are not covering insured themselves. There has to be some their workers by insuring them, penalties will be sort of a hurdle to guarantee that they have imposed by the provisions within the insured themselves before they can start WorkCover Queensland Bill. working in the industry. If workers are insured, The Bill retains the previous penalties it does not matter whom they work for. They imposed on employers who are failing to can work for the greatest shonk in the world insure, and the Bill also allows WorkCover to and they are still covered. I have seen plenty recover premiums, claims costs, damages of instances in which companies have pulled paid and penalties from uninsured employers. the pin and employees, who thought that they This includes a penalty equal to 100 per cent had workers' compensation cover, were not of the employer's unpaid premium and a 50 covered because the company did not pay the per cent penalty on top of the cost of the premium. claims paid. This Bill seeks to place the legal Mr DOLLIN: To add to what I said liability on employers to insure their workers. If before, in my experience, timber-cutters they do not do so and a claim is made, cannot get cover from private companies. employers are liable in a big way and penalties Private companies will not touch them with a are involved. 40-foot pole. If those workers are not covered Mr DOLLIN: With all due respect, I think by workers' compensation, they will have no the Minister has missed the point that I am cover at all. I imagine that that situation is the trying to make. For example, a sawmiller tells a same for underground miners. This happens timber-cutter to cut so much timber at a set all the time in the timber industry. If this price per cubic metre. No tax is taken out of problem is not addressed, the families of the payment to the timber-cutter. The timber- workers who are killed will only find out cutter cannot obtain cover privately. He has afterwards that they have no cover. absolutely no hope of doing so. Insurers would Mr SANTORO: In answer to the not touch him with a 40-foot pole. These questions from the honourable member for people are being left out in the cold. Maryborough, presumably such people would Mr Santoro: He can apply to be under some provisional tax arrangements. WorkCover. That is not a master/servant relationship. Those people would be able to cover Mr DOLLIN: Under WorkCover? themselves under the "eligible persons" Mr Santoro: He can apply to provisions in the WorkCover Queensland Bill. Workcover, and he's not covered under the As I have been saying throughout this debate, current Act. the Bill seeks to act as an umbrella so that maximum coverage for workers in Queensland Mr DOLLIN: He used to be covered can be achieved. before as a pieceworker, but I think he misses out under this legislation. Going back to the issue of PPS, as I outlined before—and because there was Mr Santoro: You've just changed the agreement earlier that we will try to be as brief rules. as possible this evening, I will not reiterate— Mr DOLLIN: I would consider him to be advantages are obtained by people who enter a pieceworker. 4944 WorkCover Queensland Bill 4 Dec 1996

Mr Santoro: Under the current Act, he is remuneration or other benefit for not covered. Under this Act he will be able to performing work, or providing services apply to WorkCover for cover. as— Mr DOLLIN: I have employed many (a) a contractor; or hundreds of timber-cutters in my time and they (b) a self-employed individual; or have always been covered. (c) a director of a corporation; or Mr Santoro: You missed the principle of the workers' compensation system. The (d) a trustee; or workers' compensation system places the (e) a member of a partnership. obligation on the employer to cover a worker, not a contractor. Eligible person may apply to be insured Mr Ardill: We can't hear what you are WorkCover may enter into a contract saying. of insurance for this subdivision with an eligible person." Mr SANTORO: The case that the member is describing is not an The entitlements of eligible persons are also employer/worker relationship. defined. Under proposed section 28, there is also a provision for "other persons". For the Mr DOLLIN: Where will he fit now? If he sake of the clarity of the record, I will read that is a solo cutter, where will he fit? proposed section. It states— Mr SANTORO: He comes under the "WorkCover may enter into a contract category of "eligible person" and he can apply of insurance for this subdivision with a for cover under the WorkCover Bill. person (the 'insured person'), whether or Mr DOLLIN: Will he get cover? not an employer, for injury sustained by Mr SANTORO: Of course he will get other persons. cover. The contract may cover a person Mr ARDILL: Either the Minister is who performs work or provides a service missing something or he is misinforming the from which the insured person gains a Parliament. Proposed section 52 speaks benefit for the same entitlements about a "worker". Clause 12 describes and provided to a worker under this Act. defines what a worker is. It says that anyone Cover under the contract must not other than a PAYE worker is not a worker. It exceed the cover available under this Act excludes people covered in proposed section for— 52. I do not know whether the Minister is trying (a) compensation; or to mislead the Parliament. (b) damages." I return to the point that the comprehensive system we have had in place I fail to see the point that honourable covers all employees. The Minister is members are making. There are provisions fragmenting that system. The Minister is taking within this Bill to cover workers such as those people out of the system. As the member for described by the honourable member for Maryborough said, a lot of those people will Maryborough and others. As I have said, the not be able to obtain cover from any private Bill before us this evening seeks to cast the insurers, and there is no way that they will be net as widely as possible. It seeks to insure covered by workers' compensation. If the people who currently do not have access to Minister accepts the amendment moved by cover under the current Act, and it also seeks the shadow Minister, he will cover that to tackle the problem that honourable situation. We will return to a comprehensive members opposite seem to be talking about system and all people who are legitimate constantly, and that is the problem of workers will be covered, as opposed to what avoidance. This Bill puts the emphasis on the will happen under this phoney Bill. employer to insure all of the people whom he employs. If he does not insure all of the Mr SANTORO: I again refer honourable people whom he employs and with whom he members to the relevant provisions within the enters into a master/servant relationship, he is Bill, even though we are not covering these legally liable. When a claim is put in and he sections now. For the clarity of the debate on has not insured that worker, he will be this clause, I again refer honourable members penalised heavily, as I have just mentioned. I to page 40 of the Bill, which defines "eligible do not know why honourable members refuse person" as— to concede the point that is clearly stated in "An 'eligible person' is an individual the Bill and which I have now repeated several who, other than as a worker, receives times. 4 Dec 1996 WorkCover Queensland Bill 4945

Mr LUCAS: The Minister obviously is not 12, 25, 28 and 52 there is no compulsion for in a position to understand the words of the the employer to take that action if the Bill. "May" does not mean "shall" or "must". employee is not a PAYE employee. There is What my honourable colleagues asked was: in no compulsion if the employee is not a PAYE situations where no-one will touch them at the worker. moment because they are perceived as being Again I state that it should be, as it always a bad risk—that is, they cannot get has been, compulsory for employers to cover insurance—the Bill says that WorkCover "may" their employees. There is no other effective decide to do it. It may or may not do that. It way of getting sufficient premiums into the does not say "shall" or "must". If it says system. There is no other way of assuring "must", at least we have some comfort that workers that they are being covered unless it is WorkCover will take on the risk. For example, compulsory. It has always been that way. This with respect to compulsory third-party is fragmentation of a system that has worked insurance, insurance companies must take on well. There have been three years that I know the risk; they cannot refuse to insure anybody. of when there have been huge losses in the Under this Bill, they may decline to do so. Workers' Compensation Fund, and it has They might say, "You're a window cleaner on always picked up, and it will pick up again, as a high-rise building. Sure you can apply to us, but we don't want to take you on, because most observers agree, from the present problems that exist. There is absolutely no you're a bad risk." That is not what the Minister justification for not continuing with this is suggesting. comprehensive system and compulsorily Mr SANTORO: The analogy that is requiring employers to cover all of their true again put forward by the honourable member employees. just does not stack up. At the moment, they can either apply to workers' compensation, or Mr J. H. SULLIVAN: I hurried into the they can seek to take out their own insurance. Chamber when I heard the Minister's previous Under this Bill, their coverage is in fact response because, quite frankly, it is out of expanded. order. The word "may" permits the WorkCover organisation to enter into the kinds of Mr PURCELL: Is the Minister saying contracts that are anticipated, but it does not that he will guarantee that WorkCover will take require it to do so. This means that the on all comers that no insurance company will wording that is contained in this Bill, despite cover, that is, employees who cannot get what the Minister said a moment ago, allows insurance anywhere else? WorkCover to pick and choose. It can occur Mr SANTORO: Again, the honourable that people will not be insured. There can be member fails to understand the major reason people out there who cannot get insurance why workers' compensation, as it existed to through private industry and who will not be date, and WorkCover, as it will exist from today able to get insurance through this onwards, operates. It is meant to cover organisation. The words "may", "must" and workers who are in a master/servant "can" have particular meanings in statutory relationship. Other provisions will apply to interpretation. those who are not in a master/servant Mr Purcell: "Shall". relationship, and they will be able to avail themselves of the other options under the Mr J. H. SULLIVAN: "Shall" is another. legislation. My officers advise me that The meaning is particular. It is clear. If the WorkCover will take on everyone. Minister's intention is as he states, he should Mr Ardill: It's not in the Act. move an amendment to the particular clauses that he says protect the people who are left Mr SANTORO: I am acting on advice. out under Clause 12 which is being discussed That is the answer. now. The last time I took the dictionary off the Mr ARDILL: I thank the Minister for now desk in the Chamber I was subtly reminded by adding clauses 25 and 28 to the equation, a Minister at the time that it was not the because that does assist somewhat. However, Macquarie Dictionary, which is the appropriate there is still a problem with the use of the word dictionary for statutory interpretation in "may" and the definition of "worker". Despite Queensland. In fact, the Chamber still holds a anything the Minister said, the legislation Webster's Dictionary, and it would be nice if means that a worker can believe that he is that were updated. If one picked up the being covered by his employer and have dictionary off the table in this Chamber, one absolutely no knowledge that he is in fact not would find that the word "may" gives no covered. Therefore, he may not know that he protection whatsoever. If the Minister is needs to seek coverage for himself. In clauses genuine about his intention, he should agree 4946 WorkCover Queensland Bill 4 Dec 1996 to make the appropriate amendment so that Minister should now retreat gracefully, accept all people can be assured that they will be the amendment and all of those workers will able to be covered. be caught in that safety net, the same as they Mr Ardill: This amendment does that. used to be. Mr J. H. SULLIVAN: As the member Mr ROBERTS: I think the Minister has for Archerfield states, the amendment moved been skirting around the issue. I ask him to by the member for Kedron does precisely that, clarify this situation: if a worker is receiving a and the Minister should accept it. weekly payment from an employer and genuinely believes that taxation is being Ms BLIGH: When I looked at the deducted and workers' compensation amendment proposed by the member for payments are being made on his behalf and Kedron, it seemed to me to be a he has an injury and makes a claim to the comprehensive amendment that would board and the board makes some inquiries remove some of the doubts that have been with the employer who says that the person raised by previous speakers about the was not an employee but a subcontractor, is definition of "worker" and how it may operate that person entitled to proceed with his claim in the proposed legislation. I asked myself and how will the decision be made as to what harm can be done by providing a more whether he is in fact entitled to make the comprehensive definition. The only argument I claim? In fact, is that person an employee or a have heard the Minister advance in opposition worker in respect of the legislation? to the amendment of the member for Kedron is that, in the Minister's own words, it casts the Mr SANTORO: In that situation, that net too widely and it may in fact provide cover worker is clearly covered. There is a to people who are not currently eligible for master/servant relationship. The employer is cover under the current Workers liable for claims. The employer should be Compensation Act. paying the premium, and if he has not been For the benefit of myself and presumably paying sufficient premiums, there are the other members in the Chamber, could the penalties involved against an employer that I Minister perhaps point to areas of the mentioned before. proposed amendment which would provide Mr PURCELL: I would like to take the cover to categories of workers who in his view Minister to task on a couple of points that he are either not covered at the moment or whom made in regard to employers with their it would be inappropriate to cover? obligations. That is a point that we have been Mr NUNN: Before I move on to belabouring for a long time. However, the something else, I want to make this point: obligations are there now for employers to do when I first came into the Chamber tonight the certain things under the Workers Minister had with him two advisers. Now there Compensation Act and they do not. I do not is the Minister and four advisers and they think a new Act will make any difference to cannot make head nor tail of it. How do they them at all. It will not make one iota of expect some poor battler out in the bush with difference. Employers will continue to skirt a waterbag and a cut lunch to understand around paying their premiums. In addition, what the four of them cannot work out? many people will not be covered by workers' compensation. Earlier, the member for Maryborough explained that the timber cutter was covered Earlier, I asked the Minister whether he by workers' compensation under the old Act. If knew the number of wage and salary earners he wanted to get a bit of extra private in Queensland for whom funds were collected. insurance, he could not get it because no I did not receive an answer to that. The insurance companies would touch him with a statistics I have indicate that in 1990-91 the 40-foot pole, neither would they touch number was 1,064,000. I think the reason that underground contract miners and the like the funds are not being collected is fairly because the work they do is too dangerous. It simple: I do not think there are too many has now been said that, under this legislation, insurance companies that do not take names they will be able to apply to WorkCover and of people they have insured and payments WorkCover may accommodate them. Even if can be made in arrears. I would like to know of WorkCover was forced to accommodate them, a motor vehicle insurance company that does what is the difference? Why is another set of not want to know what a person's name is and circumstances needed before that poor worker does not require the payment of any can be looked after? Why can he not be premiums but if a person prangs their car they lumped in with the rest? What is wrong with can give the company some money and their that? It is unnecessarily complicated. The name and receive payment. That is just crazy. 4 Dec 1996 WorkCover Queensland Bill 4947

Mr Rowell: What did you blokes do up The second concern that has been raised until eight or nine months ago about it? is that the Bill changes the global cover of Mr PURCELL: What we were trying to compensation to cover PAYE. That draws a do was to make the compliance rate much clear line in the sand. The concern is that higher. I know how I would have gone about those who go up to an employer are not making the compliance rate much higher. It offered the option to go on PPS or PAYE; would probably be different from what actually they are told that they can have the job if they happened. are PPS. Will there be a statutory obligation on that employer to also advise the new The other point that I have to make is that employee under PPS that they are not insured in dollar-driven industries where the lowest and that they must arrange their own workers' price is going to get the job or going to move compensation cover? the cargo from one area to another, they will be avoiding their obligations. If a few Mr SANTORO: Just to clarify a couple employers avoid their obligations, other of points—first of all, there will continue to be employers have to do the same thing. That is avoidance within any industry for as long as a why operators in the building industry and worker is not injured. When an employee or a haulage companies and all sorts of companies worker is injured and that person puts in a are not paying their premiums now—and not claim, what will then happen is that that only their workers' compensation premiums person will be hit with the heavy penalties that but also a lot of other taxes that legally they I mentioned before. The system that is in are bound to pay. While we continue to have place at the moment is a lax system which industries that operate on the lowest price, a encourages avoidance. The new system puts better collection method must be in place a clear legal obligation on the implemented. In the building industry, if an employer to cover his or her worker, and if they operator does not do what the others are do not, when the injured worker puts out his or doing, he will be sitting at home on his her hand under the workers' compensation backside and not working. Those operators will system, they will have to then cough up the not be getting any work because they do not heavy penalties and the premiums that I offer the lowest price. outlined before. So people have to skim their workers' In terms of the category of eligible compensation. They have to operate a few persons—and most of the people who have companies: one company pays the premiums, been mentioned in the debate fall under the and in relation to the other two companies category of a contractor, a self-employed many statutory obligations are avoided. But if individual, a director of a corporation, a trustee any employee of those companies is injured, or a member of a partnership—those people that employee is said to be working for the at the moment have an option to be covered company that is insured. Because no names under the Workers' Compensation Act. That are given there is no way that the Government particular option has been preserved within is going to know the difference, and the this Bill. As to the reason for the word workers' compensation system picks up the "may"—the advice that I have is that liability. That is the whole reason for this Bill: WorkCover will be an insurance company of hundreds of millions of dollars are not being last resort, as the honourable member for collected. Merely saying that employers have Gladstone has said, but if we put the word an obligation to do something because it is "must" in there, we then remove the option legal will not make them do it. They have not that is available under the current Act. shown a tendency to comply fully in the Mr Lucas: No, you don't. past—they have not done it for the last 20 years—and I do not think they are going to Mr SANTORO: Yes, we do, because at start tomorrow if this Bill is passed tonight. the moment those people have the option. On that basis, we will not accept the amendment Mrs CUNNINGHAM: I want to raise two because all that the amendment seeks to do issues. One is the question of the obligation of is to put in place precisely the same WorkCover to take a contract of insurance. arrangements. The Bill at the moment says "may". The Minister's comment was reassuring but In terms of the figures that are required by contrary to that wording. WorkCover will the honourable member for Bulimba—we become the insurer of last resort, and I do not cannot give him the precise figures in relation have a problem with that. The wording in the to the coverage, but we can tell him that Bill will have to be changed. I ask for the according to ABS statistics there are Minister's comment on that. approximately 1,261,000 wage and salary 4948 WorkCover Queensland Bill 4 Dec 1996 earners in Queensland at this point in time. believe it is appropriate ought to be covered The member can work on that. by WorkCover? If he is unable to answer that, Ms BLIGH: There are a couple of issues then it is difficult for me to see the problem that I want to raise with the Minister. First of all, that he has with the current arrangements. I would have to say that it is appalling to hear Finally, I would like to address the a Minister stand in this Chamber and say, in question of "may". It is again in my view simply relation to an Act and a scheme that he is appalling for the Minister to administer an Act responsible for administering, that in his view that clearly says a three-letter word, compliance will never be 100 per cent, that "may"—and many speakers before me have compliance will always fail and that there will addressed the meaning of the word—when he not be any compliance until it has been stands here and says, "Well, as the Minister I breached. We have a new piece of legislation think it really means 'shall'." If in the Minister's before the Parliament and the Minister stands view it means "shall" or "must", he should put here and says that it would require a breach to it in the legislation. He should put his own see compliance. amendment forward so that it says that. The Mr Santoro: What did you do about it? legislation does not say that as it currently stands. The Bill is very specific. It says "may". Ms BLIGH: It is not my responsibility; it is the Minister's, and it is about time he "May" means "maybe", and the legislation accepted it. does not offer to people the protection that the Minister is currently claiming it does. If the I would like to deal with the PAYE issue. I Minister could answer those specific questions, once again refer the Minister to clause 12, I would appreciate it. because he has answered question after question by referring to the master/servant Mr SANTORO: The honourable relationship. While I cannot see reference to member again raises the question of those words in the Bill, I presume he is relying compliance. I have answered that question by on the words "contract of service" when he saying that the current Act, which the gives that answer. But I draw the Minister's member's party when in Government attention to the fact that two things are introduced, has certainly not tackled the issue required. After "contract of service" is the word of compliance in any significant manner, so "and", and then it is followed by the much so that all honourable members requirement that to be a worker one must be a opposite who have spoken—if not all of them, PAYE taxpayer. the vast majority—have complained how we have not tackled the issue of compliance. I The member for Gladstone raised the refute that. I have stated now on three or four question of whether or not there would be any occasions how the legal obligation for statutory obligation on employers to warn insurance rests fairly and squarely on the people that in fact they might fall into some employer and that failure to observe that legal other category. The member for Hervey Bay obligation will in fact incur heavy penalties. We has specifically asked the Minister how a have significantly tackled the issue of worker will be dealt with who honestly believed compliance which the members opposite are that they were a PAYE taxpayer, who believed complaining about and it is in existence that they were having tax taken out of their because we are dealing with their Act, which is salary, who believed themselves to fall into deficient and is clearly not leading to any that category but found out too late that they significant compliance standard. did not. The Minister has failed to answer that question, and I ask him to address the In terms of whether somebody will be example. notified by the prospective employer that if they are on a PPS arrangement they need to I similarly ask the Minister to answer the take out their own insurance, I have again question that I have already raised, that is, repeatedly stated that the Division of Workers that he is criticising the amendment Compensation or WorkCover, as it will be foreshadowed to the Committee on the basis known, will undertake a very major advertising that it simply seeks to put into place the same campaign to make people entering into certain arrangements as currently exist. I do not work arrangements aware of what are their regard that as a valid criticism unless the responsibilities in terms of insurance. I have Minister can criticise the arrangements as they said that three or four times and I do not know currently exist. If he has a problem with the how many more times I need to say it. width of the net as it is currently cast, could the Minister please explain to the Committee In terms of the words "may" and "must", which categories of worker the current as I have indicated, the provisions within the provisions provide for whom he does not current Act reflect the same situation. To 4 Dec 1996 WorkCover Queensland Bill 4949 change that word to "must" will in fact deprive whether he is a worker or not if the employer people of the current ability that they have in argues that he is not? terms of self-insurance. Mr SANTORO: That is a good question. Mr NUNN: I would like to point out that It certainly is the intention that where an under this proposed clause, and human employee believes that he is a PAYE taxpayer nature being what it is, in the industries that he will be covered, subject to him of course we are talking about, where there is a fellow seeking a ruling from the Australian Taxation on his own being classed as a contractor, an Office. Of course, WorkCover would recover employer is going to offer him only the PPS penalties from the employer. If honourable system and when the employer does that, the members read the Explanatory Notes on employee is wiped from compo altogether. He clause 13, they will see that WorkCover will cannot then get accommodation from a cover those people while that ruling is in fact private insurance company, so effectively the being received. Minister has thrown him on the scrap heap. Mr LUCAS: My colleague the shadow Question—That clause 12, as read, Minister very adequately pointed out the first stand part of the Bill—put; and the Committee problem with clause 13, that is, what if divided— employees believe that they are PAYE taxpayers? Of course, the Minister pointed out AYES, 44—Baumann, Beanland, Borbidge, Connor, Cooper, Cunningham, Davidson, Elliott, FitzGerald, that that employee would have to go through Gamin, Gilmore, Goss J. N., Grice, Harper, Healy, some convoluted process to establish whether Hegarty, Hobbs, Horan, Johnson, Lester, Lingard, he is a worker or not. Littleproud, McCauley, Malone, Mitchell, Perrett, Mr Bredhauer: You have to go to the Quinn, Radke, Rowell, Santoro, Sheldon, Simpson, tax office to find that out. Slack, Stephan, Stoneman, Tanti, Turner, Veivers, Warwick, Watson, Wilson, Woolmer Tellers: Mr LUCAS: The member is right. That Springborg, Carroll person would have to go to the tax office. Would he have to go and check with his NOES, 44—Ardill, Barton, Beattie, Bird, Bligh, Braddy, Bredhauer, Briskey, Campbell, D'Arcy, fortune teller as well? Would he have to read De Lacy, Dollin, Edmond, Elder, Foley, Fouras, the entrails of a chook? The Minister is talking Gibbs, Goss W. K., Hamill, Hayward, Hollis, Lucas, about bringing in an Act which will streamline McElligott, McGrady, Mackenroth, Milliner, Mulherin, the administration of workers' compensation, Nunn, Nuttall, Palaszczuk, Pearce, Purcell, Roberts, yet we have all this backwards and forwards, Robertson, Rose, Schwarten, Smith, Spence, toing-and-froing, before we can even decide Sullivan J. H., Welford, Wells, Woodgate Tellers: whether a person is entitled to be paid. The Livingstone, Sullivan T. B. worker is sitting at home, needing The numbers being equal, Mr Chairman physiotherapy or medical treatment, and the cast his vote with the Ayes. Minister says the worker has to go to Canberra Resolved in the affirmative. to have a talk to the deputy commissioner. How is that a sensible administration of an Clause 13— Act? Mr BRADDY (9.49 p.m.): Clause 13 is My colleague mentioned the situation in really part of the same debate as clause 12 which an employee believes that he is a PAYE and it is consequential to it. There is just one taxpayer and the employer says that that is question that I would ask the Minister because not the case. What about the situation in I do not believe he made it clear. If a person is which, on any argument, the employee is a a worker by definition under the current Act, PAYE taxpayer but the employer does not irrespective of whether the employer had paid remit the group tax, or treat him as a PAYE the premium or not, the worker is covered for taxpayer? In other words, what is the situation workers' compensation. The Minister made a when the employer is pocketing the money? lot of the point in the debate on clause 12 that The employee does not know that this is if a worker should be covered, the employer happening and thinks that he is receiving a would now be faced with very large penalties. net pay each week. The employee does not The point the Minister failed to make—and I know that the employer is really pocketing that want absolute clarification from him on this—is money. That happens. that under this new legislation, and we are Mr FitzGerald: He is covered. dealing now with PAYE workers, if a worker was not covered but should have been, is that Mr LUCAS: How is he covered? worker covered for workers' compensation, Mr SANTORO: Again the honourable irrespective of what penalty or liability the member fails to understand the incentives employer has to pay, and how is it determined contained within this legislation and that the 4950 WorkCover Queensland Bill 4 Dec 1996 employer is liable. If avoidance is occurring, bought half a dozen of those boats if it could once an injured worker lodges a claim, that have got the tax that was not being paid down claim will be honoured by WorkCover once a on the coast. very simple form is filled in. That form will be If the Minister thinks that officers in the sent to the Australian Taxation Office. It is not Taxation Office will help him, he should realise a convoluted process. It is not complicated. that they do not care. As long as they get their That form seeks a ruling. During that time, the PPS tax, which in our industry is 20 per cent claim will be honoured by WorkCover. As I across-the-board, they do not care about the have stated before, because legal liability other 2 per cent. They will not be worried exists, from this point onwards—and this about whether or not a person receives addresses a point that was made by the workers' compensation in Queensland. They member for South Brisbane—there is real will not care. incentive for non-compliance to be stamped out across the economy. Members opposite This clause will hunt employees into the complain about non-compliance. PPS system. This will provide an incentive for an employer to put that person there. Paying Mr Elder: How? a workers' compensation premium will be one Mr SANTORO: The honourable obligation fewer for employers to have to member for Capalaba asks the question: meet. I have not yet met too many employers how? The legal obligation rests on employers who like parting with money. If they can get to cover their employees whether they have out of an obligation, they will. This clause will taken out insurance or not. WorkCover will make it easier for them. They will just put their honour the claims and will cover the workers. staff on PPS and they will not have to pay Once that relationship between employer and workers' compensation. I can see the Workers worker is established, the employer will be hit Compensation Fund in Queensland going with the penalties. That is the incentive to down to zero, because other sections of the stamp out non-compliance. If the honourable legislation allow large employers who have member does not understand, I suspect that good safety records to opt out. Myer and other he is grossly deficient. large employers will get out. Currently, that is jam for the Workers Compensation Board in Mr PURCELL: We are talking about the Queensland. They collect a lot of premiums for Taxation Office. I know that nobody has any very little outgoing. If we are going to end up love for it. I would like to tell a story that with a scheme that is made up of all the high- illustrates how it deals with employees and risk industries such as the building industry, what it thinks about collecting tax from the building industry. When Howard was the the timber industry and the mining industry, we Treasurer under Fraser, the then Secretary of will be back here in a few years' time in a the Builders Labourers Federation, Vince worse position than that in which the Minister Dobinson, and I had a meeting with Howard thinks we are presently. I do not think that we on the Gold Coast. The coast was absolutely are helping the workers in this State. cracking. It was the start of the boom in the In a couple of years I will remind members early seventies on the Gold Coast, and there opposite about this. People they know will was work everywhere. I can assure honourable come to Brisbane from the country and they members that the Government collected no will work in the building industry, because they workers' compensation premiums from will have nowhere else to go if there is no work anybody, because everybody was working for them in their country area. They will be cash in hand—the whole lot of them. We were here for a period and if they are injured they concerned because large numbers of will be put on the scrap heap. That happens to members were coming to us because they enough of them already. It is an industry that were not getting paid holiday pay, sick pay, attracts people who do not have many skills. wet pay or—— They have the ability to work and they work hard, but they cannot hand over a piece of Mr FitzGerald: Is this a confession, is paper and say, "I've got a degree," or "I've got it? a trade." Those people end up in the building Mr PURCELL: No. I am just pointing out industry out of necessity. As I said earlier, not that Howard, who was Treasurer of this country too many people leave high school and say, at the time, was not concerned. We had a "My ambition is to be a builder's labourer." meeting with him. At the time Australia was They do it out of necessity. The money is negotiating to buy a couple of flat-top boats good but the work is hard. The accident rate is from Maggie Thatcher, because she did not very high. It has probably the second-highest want them until she was involved in the rate for accidents, following the mining Falkland Islands war. Australia could have industry. Around seven persons in every 100 4 Dec 1996 WorkCover Queensland Bill 4951 who work in this industry have accidents and Also, the Minister has fed to the member need workers' compensation at some point. for Gladstone the ridiculous story that Mr ARDILL: I would like to support what employees will be able to go to WorkCover as my colleague has said. I return again to the a company of last resort. That is absolute subject of the non-comprehensive nature of nonsense. The Minister has conned the what is going through this place tonight. The member for Gladstone. He certainly has not legislation is watering down the ability of conned the Opposition because it knows that WorkCover to receive sufficient premiums to that system will not work. How many insurance keep the business going. That is what it is all companies does an employee—— about. Any employer who does not have a risk The CHAIRMAN: Order! The industry will not go into WorkCover if they can honourable member is debating the previous go somewhere else. They will encourage their clause again. This clause refers to the employees to take out their own insurance definition of a PAYE taxpayer. through a private company offering lower Mr ARDILL: It is separating PAYE premiums than WorkCover will be able to offer. taxpayers from others, those who will not be That is what the insurance industry is about: it covered. Those people who are being singled is about managing risk, assessing risk and out by this clause as well as clause 12 will receiving premiums from people who will not have to go around umpteen insurance claim—on the off-chance that they might have companies trying to get cover before they can a problem—to pay for those who are certain to then go to WorkCover to try to get insurance claim. That is what the industry is about. cover. The Minister said that it was a matter of I will go back to that same subject: the last resort. That means that, in the interim, whole workers' compensation concept of those people will not be covered because they 1916, which has been in operation for 80 will be going around the world trying to get years, has been based on a comprehensive cover. That is not satisfactory. scheme. That is what the Minister is taking away; he is taking away that ability to obtain Mr MULHERIN: The honourable premiums comprehensively across-the-board. Minister said that there was protection in the It will mean the destruction of the system. It definition of "pay-as-you-earn taxpayer". On will get to the stage at which Ministers, such as reading the Explanatory Notes, I see that this Minister and other Liberal Ministers, will there is a clause that refers to employees who say, "The whole system does not work. It is do not have a proper understanding of their too expensive. We cannot afford it. We will tax arrangements and, if they get injured, that WorkCover "may" consider a claim. WorkCover abolish it or we will hand it over to private is not compelled to consider a claim. enterprise to run some sort of bastardised scheme." The ordinary worker will suffer. The I believe that this clause will hold up the whole community will suffer because of the processes and that there will be a lengthy problems, as will the health system, but the delay. The Minister said that those people ordinary workers, particularly those working in a could apply to the Taxation Commissioner for high-risk industry, will suffer the greatest from a ruling. If a person applies to the Taxation what we are going through tonight. Commissioner for a ruling and the Taxation The Minister, by his refusal to accept the Commissioner rules that that person is not a Opposition's amendment to clause 12, has pay-as-you-earn taxpayer, even though at the conned the Chamber. He has given us all time that person in all honesty thought that he sorts of excuses about there being other ways or she was being employed as a pay-as-you- of picking it up and that the workers will be earn taxpayer, once the Taxation covered. That is despite the fact that clause Commissioner rules, even though that person 12 was defining the difference between those might have started receiving payments, whose employers will have to pay the premium WorkCover is then compelled to recoup those and those whose employers will not have to payments from the injured worker. There is no pay the premium. That is what clause 12 is right of appeal. It is really up to an officer at about. The Minister has conned the Chamber WorkCover to determine if the claim should go by trying to tell us that these people will still be ahead in the first place. So I believe that there picked up under clauses 25, 26, 28 and 52. is not a safety mechanism there. There needs They will not. That is what clause 12 was to be an appeal process for an injured worker. about. Similarly, clause 13 separates the This point was sheeted home to me today sheep from the goats. That is what it is all when a constituent, a Mr Thompson, rang me about. The goats will be the poor people who about his 16-year-old son who had a job in the will not be able to get adequate coverage Northern Territory. It was that boy's first job anywhere else. and he was severely injured. This poor 16- 4952 WorkCover Queensland Bill 4 Dec 1996 year-old kid did not know if he was a PAYE to do so, there will be a penalty if there is a taxpayer or PPS. This poor kid was paid under claim made against them. PPS. Now he is maimed; he will never work What has been established in the debate again. He has no right of appeal. He has just so far is that, firstly, the legal obligations that been wiped. I really believe that there has to currently exist on employers will be reduced. be an appeal mechanism. There will be fewer employers obliged by a Mr Schwarten: That's what they want to piece of legislation of this State to insure. So do. the Minister's argument on that one is another Mr MULHERIN: Yes, that is right. The attempt by him to perpetrate a fraud in this appeal mechanism contained in this Bill is the Chamber. Secondly, the Minister says that the Taxation Commissioner. Whatever the penalties in this legislation provide incentives Taxation Commissioner rules, WorkCover will for employers to insure. I have never heard so stand by it. The Minister has four advisers all much codswallop in all my life. trying to work out this clause. In the circumstances that have been Mr SANTORO: I heard an interjection outlined again and again in the real life before from the honourable member for Lytton examples given by members on this side, we asking how WorkCover will advance benefits to will find that a dispute will arise. An injured a worker who is seeking a declaration from the worker will turn up at WorkCover seeking Australian Taxation Office. The answer to that compensation. WorkCover will go to the is on page 110 of the Bill under the heading employer who says, "That person is not a "Weekly payment of compensation", PAYE taxpayer. That is why I didn't take out "Advances on account". So there is a very insurance for them for compensation." In that specific provision in the Bill for that. situation, the employer will have every incentive to prove that the worker was not a Again, honourable members keep on PAYE taxpayer. Under the Minister's scheme, talking about the issue of non-compliance. I the employer will have every incentive to go to think that I have spoken until I am almost blue every length to demonstrate that he or she in the face about the way in which the was not required to take PAYE tax deductions legislation seeks to put the incentive back into from the employee, because the minute it is the—— proved that there was a requirement to do so, Ms Bligh: It's still inadequate. the employer is liable for a penalty. The Minister regards this penalty as a disincentive. Mr SANTORO: If we did nothing, the In my view, it provides an incentive for honourable member for South Brisbane would complain that we are not tackling the non- employers to employ people outside the compliance which is currently taking place PAYE tax system and, if they cannot get them under the current Act, which was the Labor that way, when a claim is a made against Party's Act. I have stated how this Bill will them and they are uninsured they will find provide the incentive to employers to insure by ways to evade the responsibilities of both the placing the legal responsibility on them to do claim and the penalty that the Minister so in addition to the penalties being applied to heralds. That is an absolute disgrace! It is an those who, in fact, do not pay their insurance. attempt to hoodwink people. As the honourable member for Archerfield has said, Mrs Bird: But it still doesn't work. nobody on this side of the Chamber is in any Mr SANTORO: It will work because way hoodwinked by the proposal. The Minister there are sanctions in the legislation. is seeking to limit the number of workers who will be eligible for workers' compensation as a Mrs Bird: It won't work. way to save money. That is an absolute Mr SANTORO: Obviously the disgrace and the Minister should have come honourable member does not understand the clean about it. legislation. The shadow Minister has asked a very Ms BLIGH: I would like to raise a couple clear question: which provisions of the Bill will of issues in relation to this clause. Firstly, I ensure that an employee on whose behalf want to address the comments that have just PAYE tax should have been deducted but been made by the Minister. The Minister is was not, or who was not supposed to be in the saying that there are two things in this Bill that PAYE taxation system but who honestly will increase compliance. The first is that the believed that to be the case, will that Bill places a legal obligation on employers to employee be protected? The member for become insured; the second is that, if Mackay has correctly drawn the attention of employers fail to insure when they are obliged the Committee to pages 12 and 13 of the 4 Dec 1996 WorkCover Queensland Bill 4953

Explanatory Notes and the pathetic attempt to Ms BLIGH: For the benefit of the deal with these circumstances. Leader of Government Business, I inform him Under this provision, a claimant in the that people sometimes undergo rehabilitation circumstances that I have outlined will be following injuries during which they get other required to provide evidence that they jobs. personally applied to the Taxation Mr FitzGerald interjected. Commissioner for a ruling as to whether or not Ms BLIGH: Yes, they might have got a they should have been taxed under the PAYE job in the Public Service, but the Minister and system. If the commissioner rules that they WorkCover will go after them for the period should not have been so taxed, WorkCover that they were compensated for from a will recover the compensation payments made previous occupation. They are the to them. What a generous approach! circumstances and they do exist. Take the example of some poor coot who For all the affection that I harbour for its injures himself at work. He thought that he was activities, the tax office is not known for a PAYE taxpayer; he was getting a wage anything other than a financial analysis of a every week, so he thought he fell into the situation. It is not the role of the Australian Tax "employee" category as most people Office to work out the workers' compensation understand it. Through that injury, his life is problems of the Queensland Government. wrecked. He goes to WorkCover and is told, This Bill should address the difficulties outlined "There is a technicality. There's something by the examples given here tonight. The wrong with the way that your tax has been Minister has yet again failed to answer the paid. You're not actually in this category." The question of the shadow Minister. I do not person says, "What can I do about these believe that it is a difficult or an unreasonable circumstances?" He is told, "Well look, here is question. Again I ask: where in the Bill is the this complicated application you can make to Minister providing for the circumstances that the Tax Commissioner but, don't worry, while have been outlined? he is ruling on this, we will pay you compensation." In 12 months' time, the Tax Mr SANTORO: Again I refer the Commissioner rules that the person was not a honourable member to proposed new section PAYE taxpayer and, while the person is in 170(1). In answer to the question of the rehab, WorkCover comes along and says, honourable member for Mackay as to whether "You owe us $30,000. We'll take it out of your there is an appeal mechanism, I inform the wages; we'll garnishee your wages if you are a Committee that, if a claim is rejected on the public servant." With that kind of care, workers basis of a person not being a worker, that of this State have nothing to fear from the decision is subject to appeal to a magistrate. Minister. For the benefit of honourable members, I Mr FitzGerald: You have given public reiterate that, where there is a dispute, it is not servants as an example—get real! a difficult proposition for a worker to seek a ruling from the Australian Tax Office. At that Ms BLIGH: The Government cannot point in time, the worker will be protected. If garnishee the wages of other people, but that the employee is not able to prove to the is what it will have to do. Otherwise, what will satisfaction of the WorkCover board that he is happen? Will the Government sue them in the a worker, he has a right of appeal to the civil courts? Is that how it will get the money magistrate. That is not a complicated process back? under this Bill. Mr FitzGerald: How many public Clause 13, as read, agreed to. servants don't pay PAYE—come off it! Clause 14, as read, agreed to. Ms BLIGH: What if they have a new job? The honourable member should relax. Clause 15— I think I agree with everything that the Mr PEARCE: (10.16 p.m.): Clause 15(3) member for Bulimba has said in this Chamber applies to injuries sustained by volunteers tonight, with the possible exception of his engaged in counterdisaster operations—rural remarks about the tax department. As fire brigade workers, volunteer fire fighters and someone whose livelihood is dependant on a the like, "only while engaged in a healthy public purse, I harbour certain counterdisaster operation or an emergency affections for the activities carried out by the related function, or participating in an activity tax office. arising out of, or in the course of, a counterdisaster operation or an emergency Mr FitzGerald interjected. related function, including training". 4954 WorkCover Queensland Bill 4 Dec 1996

However, those people are not covered "The chief executive must enter into while travelling to a meeting place where they a contract of insurance with WorkCover or commence their duties as a member of one of another insurer for insurance for members those organisations. The Minister must take of— into consideration that a lot of those people (a) a body acting under the travel long distances. For example, recently authority of the organisation; or rural bush brigade people travelled as far west as Tara. They often travel in haste and in (b) the SES; or dangerous weather conditions such as (c) a local emergency service; cyclones, floods and storms. Those people are while the members are engaged in a dedicated volunteers and I believe they are counterdisaster operation or an the least likely to attempt to defraud the emergency related function, or system. If we do not ensure that they are participating in an activity arising out of, or covered when travelling between their homes in the course of, a counterdisaster and the places where they gather with the operation or an emergency related others in their organisations, we may lose very function, including training, under the valuable volunteers. control of . . ." Mr SANTORO: Those people would The authorities are then specified. Under the qualify for cover under the journey claim provision which states that the chief executive provisions within the Bill. must enter into a contract of insurance, those types of journey claims are covered. Mr SCHWARTEN: I do not think that the answer of the Minister has suitably clarified Mr SCHWARTEN: I accept what the the situation raised by the member for Fitzroy. Minister is saying. I note that it is a This question requires a definitive answer and complicated piece of legislation and requires a that answer has not been forthcoming. lot of cross-referencing. If we and rural firefighters had had a bit more time before this The fact of the matter is that rural fire legislation was debated, perhaps we would not brigade workers do not quite fit into the mould need to take up extra time now to find out of journey claim provisions. The travelling time about this. I wish to know where rural fire issue is a real issue for them, especially as brigades will stand when their members have they car pool and pick people up. There is no to car pool on their way to fires. From what conclusive way of defining that situation. point will they be covered? Will it be from the Those people are very concerned that the time that somebody rings them and they get legislation talks in terms of "may" and not into the vehicle to pick up their mates? Would "will". The Minister must clarify this point. While a journey to work include a trip to a fire, and this debate has been going on, I received a would it commence from the moment the fax in my office seeking some clarification of phone rings? Those are the sorts of questions the point. I suggest that the Minister spells the that must be answered. The Minister for answer out here and now, so that some Emergency Services is in the Chamber. He guidance is provided for the courts when, would have had those sorts of questions ultimately, such a problem arises, because it asked of him. It is important that the Minister sure as hell will. clarifies that point. Mr SANTORO: As honourable Mrs BIRD: I, too, received queries about members would appreciate, this is a very this legislation today and yesterday, complicated Bill and it does—— particularly in relation to the lifesaving organisation, which had special arrangements Mr Mulherin: And you don't understand of which the Minister would be aware. Can the it. Minister explain to me the situation concerning Mr SANTORO: Let me say to lifesavers? honourable members that I do not mind Mr SANTORO: The arrangements in admitting that this is a very complicated Bill relation to lifesavers are preserved as within that cross-references to many other Acts. I the current Act. draw to the attention of honourable members As to the answer to the honourable Schedule 2 of the WorkCover Queensland Bill member for Rockhampton, who again referred and the various Acts to which it cross- to journey claims—from the time that they get references. Page 313 of the Bill refers to the call they are covered. If they are travelling provisions which interact with the State to a place of work, if they are picking up Counter-Disaster Organisation Act. In answer people or attending the scene of a natural to the honourable member for Rockhampton, I disaster, they are covered. point out that the Bill states— 4 Dec 1996 WorkCover Queensland Bill 4955

Clause 15, as read, agreed to. Amendment agreed to. Clauses 16 to 22, as read, agreed to. Clause 26, as amended, agreed to. Clause 23— Clauses 27 to 33, as read, agreed to. Mr SANTORO (10.24 p.m,): I move the Clause 34— following amendment— "At page 38, lines 25 and 26, 'in Mr BRADDY (10.28 p.m.): This is relation to an activity or program that is another very important definition, one that was not performed under a detention order'— canvassed at some length during the second- reading debate. It is very important that we omit, insert— look at the issue very carefully in the debate 'other than an activity or program on the clauses. Clause 34(1) states— performed while in the custody of the "An 'injury' is personal injury arising Queensland Corrective Services out of, or in the course of, employment if Commission'." the employment is the major significant This amendment is a very simple one factor causing the injury." which seeks to clarify that juveniles who are placed on part detention and part community This has been a very significant change from release orders are covered for workers' the current legislation. The current legislation compensation benefits while on community provides that it has to be "a significant" injury release orders. It is an amendment which rather than "the major significant" injury. The instils more fairness and equity into this change is very significant. We in the already fair and equitable Bill. Opposition believe most strongly, as do the Queensland Law Society, the trade union Amendment agreed to. movement and objective observers across the Clause 23, as amended, agreed to. State, that this will have a very detrimental Clauses 24 and 25, as read, agreed to. effect on the right of workers to claim damages. We believe that it has been brought Clauses 26— about partly because of wrong ideological Mr SANTORO (10.25 p.m.): I move the approaches. The Law Society believes—and I following amendment— think with some degree of accuracy—that the "At page 40, lines 15 and 16— new test is clearly intended to eliminate all omit, insert— back claims and most aggravation injuries from access to statutory benefits and the '26. WorkCover must enter into a common law remedies, because the worker contract of insurance for this subdivision will not be able to discharge the onus of with an eligible person who wishes to proving that the injury sustained in the course enter into a contract of insurance with of the employment was the major significant WorkCover for this subdivision.' " factor causing the incapacity. During the debate on clause 12, there was some discussion as to whether or not To bring about a change in the definition under the Bill WorkCover had a definite of "injury" in this way in order to cut out back obligation to enter into a contract of insurance claims and other claims which cause a lot of for the subdivision of an eligible person. The debate in the medical field and in the Government took note of some of the points insurance industry is, of course, totally unfair. that were being made by honourable We have a society which rightly says that if a members opposite. Being the reasonable person does have some form of back problem people that we are on this side of Chamber, and then aggravates that injury at work, that we thought that it was a point that could be aggravation should be sufficient—which it is incorporated within the Bill, and we are under the current definition—to make a claim pleased to move that amendment. upon. Back claims, of course, are just examples of what can occur. But the Law Mr ARDILL: I am pleased that the Society says that these are the ones most Minister has moved this amendment. It is likely to be affected. I think the community better than that which he suggested originally believes that, too. The community accepts and is better than I had hoped for. However, I that if someone has a pre-existing condition ask whether it should also be included in which is aggravated by what occurs at work, clause 28? that person should be paid compensation. Mr SANTORO: It is the opinion of the The community accepts—and rightly so—that Government that employers should have the we are people and that we do not arrive each choice and, as a result, we are not conceding day at work in some pure or pristine physical that clause 28 should be amended also. condition. Such things as bad backs are 4956 WorkCover Queensland Bill 4 Dec 1996 common to human beings right around the they are PAYE employees. Back injuries world. accounted for 25 per cent, or 2.5 per cent of To bring in this definition, which we the total injuries for workers' compensation. On believe was suggested by one of the employer numerous occasions, I have appeared on organisations without any real prospect of it behalf of members before medical tribunals being accepted, has been a real shock to the and boards whose attitude is that from the day people of Queensland and to those people you get up on your hind legs and start to walk, who are aware of the seriousness of what the your back starts to deteriorate until the day Government is doing. We adamantly and you die. strongly oppose the new definition of "injury". I think the shadow Minister put it quite We think it is a disgraceful change. We have eloquently when he said we are really going to proposed an amendment which would be to throw all those people out and not care about keep the current definition of "injury". We will them. People get certain wear and tear in their therefore oppose the new definition in the Bill. body just being alive. It is crazy to suggest that We will divide the Committee and, if we are people will not be covered by workers' successful in dividing the Committee, the compensation if they take those sorts of amendment we will move will be to retain the injuries to work. Whether one is working for an definition in the current terms, a definition employer and suffers some sort of dramatic which is fair and just to the workers of this back injury—— State and to the employers of this State. Mr Veivers: You will end up with a crook Mr ROBERTS: I support the retention back. of the current definition, but I wanted to raise a specific matter about the wording of the Mr PURCELL: I will. This microphone is proposed definition, and it relates to the use of not tall enough. I should stand up straight. the term—and this has been flagged by the Mr Veivers: You will be the first shadow Minister—"the major significant candidate. factor". The Explanatory Notes point out very Mr PURCELL: That is right. I am giving clearly that the reason for the new definition myself a bad back. Throughout their working was to exclude those injuries which have only life, people use their hands and their back, but a minimal work-related component. The issue those in the labouring and construction areas that I wanted to draw to the attention of the in particular use their back more than others. It Minister was this: if, for instance, a worker had may not happen while they are working for a congenital condition and he suffered at work their present employer, but over their working an injury which was totally unrelated to that life most people will suffer a bad back. I do not particular congenital condition, but in an know how it can be said that that particular analysis of the contributing factors to the injury is assessable at a certain percentage. particular injury, which might have been a cut on the hand or the loss of an arm or whatever, Mr PEARCE: During the debate this it was determined that the work-related factors afternoon I raised an issue on which I may contributed 49 per cent of the blame towards have been a long way off the mark. I would the injury and the congenital condition appreciate it if the Minister gave me a couple suffered by the worker, 51 per cent, under this of minutes, and then if I am off the mark he definition there is no discretion at all offered to will set me straight. This clause refers to "or in the court because the major significant factor the course of, employment if the employment was a congenital condition suffered by the is the major significant factor". The scenario worker and therefore that worker is not eligible that I put forward is that of a welder or a for compensation. My question is: would the boilermaker and an offsider doing a job in a use of the word "a" instead of "the" at least workshop and a truck driver who is standing by allow a worker who possessed a major observing, and who is not part of that actual condition such as a congenital factor to claim job that is taking place, is hit in the eye by a bit compensation? of flying metal and he becomes an injured worker. Because he is not participating in that Mr PURCELL: I agree with the two particular activity, will he be covered by previous speakers in relation to the effect that this provision will have particularly on people workers' compensation? It is not very clear; who work in the building industry. The State that is the point I am trying to make. Statistician's figures for 1991 show that injuries Mr SANTORO: The advice is that such as strains and sprains in the building because work is the cause of that injury, he industry accounted for 65.1 per cent of all would in fact be fully covered. That is the injuries. That will make it near impossible for assurance that I can give to the honourable those people to claim workers' compensation if member. 4 Dec 1996 WorkCover Queensland Bill 4957

We have really come to another crucial component of an injury which is not work point of the debate, as the honourable related. member for Kedron has stated. He calls it a I have sought some advice to answer the point of ideology; we just call it a point of what matter raised by the honourable member for is fair and what is just within a system that Nudgee, who asked a question that he has seeks to compensate injured workers for asked of me outside. Outside I was confusing injuries incurred as a result of an activity at a what he was saying with the Kerkemeyer rule, work place. I suppose if the honourable which undoubtedly we will discuss later on. member wishes to define that as one of the Under this particular clause, the 49 per cent big divides between the Opposition and the will be assessed as work related and will be Government, then clearly it is a major one and compensated as a work-related component of we think it is fundamental to the validity of our the total injury, and the 51 per cent in the Bill. member's example will not. Clearly, the However, let me repeat for the benefit of decision as to whether a worker has suffered all honourable members that we do not intend an injury as defined in the Act is an to introduce an Act like this, which does go administrative decision which is based on into fundamental issues of workers' medical evidence. compensation, with a view to introducing it and Perhaps later on the argument will be put, forgetting it. We will be very pleased, as the "Well, to whom can you appeal in relation to Act does come into operation, obviously to these complex medical issues?" For those have a look at any examples which the honourable members who are worried about Opposition or anybody else can bring up which the initial decisions of the new WorkCover show any deficiencies within the Act. Board, I point out that the Bill does provide for The honourable member quoted the a formal internal dispute resolution process objections of the Law Society. I remember that whereby a worker may apply to have the the arguments put forward by the Law Society decision regarding their injury reviewed. That is in relation to this amendment are in fact the a formal but also an informal type of very arguments that were put by the Law mechanism. However, injured workers do have Society to the previous Government when it the right of appeal to a court if aggrieved by put in its tougher and changed definition of the review decision made by WorkCover, and "injury". If we in some way or another if the issue really becomes a very complex toughened up this definition of "injury", one one, WorkCover may in the end refer a claim could expect from the Law Society roughly the to a medical assessment tribunal for same letter with the same arguments as we determination. In relation to that appeal toughened up the definition further. I am not mechanism to the medical assessment saying that that is going to occur, but I am tribunal, this Bill does not change the simply trying to say to the honourable member provisions within the current Act that we are that the Law Society is pretty single-minded tossing out tonight. and one-eyed in terms of this particular point. In terms of whether one should be Clearly, the new definition does require appealing against the decisions of a medical employment to be the major significant factor assessment tribunal—as I explained in my causing the injury. I think that this is important summing-up to the second-reading debate, because this definition does strengthen the even the now defunct EARC committee, which link between employment and the injury. was chaired by a Labor member and had a Honourable members are very fond of quoting majority of Labor members on it, concluded experience, and I do appreciate and value that to provide for an extra appeal mechanism their experience in their various industries, but against the final decision of a medical what experience in our mind has shown is assessment tribunal would in fact not be a that, with the current definition, in some cases good mechanism because we would not be where aggravation of a pre-existing injury has able to get a fairer appeal system than the occurred from a minimal work incident, one which has been established within the compensation has in fact been paid for legislation that we are discarding tonight, if this extended periods relating to an underlying Bill is passed by this Parliament, which is in condition which is not related to work. I fact maintained within this particular Bill. suppose that is where the big divide between Mr McGRADY: When this legislation that side of the Chamber and this side of the was first mooted, as a member who Chamber occurs, in that we do not believe that represents an area which has a large manual that is fair. We do not believe that an work force, I convened a number of meetings employer should be liable to pay for that and attended a number of meetings of 4958 WorkCover Queensland Bill 4 Dec 1996 interested parties. There was grave concern employment, being 51 per cent responsible, about the implications of some parts of this fits into that category. Therefore, under this legislation. The one which came out loud and definition, the worker would not be entitled to clear was this particular clause. Whether it be claim. There is no point in saying that the solicitors, union representatives, rank-and-file worker could appeal, because again the workers—each and every person I spoke to or Appeal Court would have no discretion met with expressed grave concerns about this because the major significant factor clause and, in particular, the recommendation contributed 51 per cent, and with a 49 per in the Kennedy report. cent contribution a worker has no eligibility at I came a bit late into the Chamber, but all to a compensation claim. That is the point the definition that we are referring to now of that I am trying to make, and I do not think the "injury" means a personal injury arising out of Minister addressed it. or in the course of employment where Mr SANTORO: The honourable employment is the major significant factor member is using an abstract example. The Bill causing injury. It is generally believed that seeks to cover the aggravation caused by a there has been no costing or calculation of work-related incident. As to the queries raised what monetary benefits would accrue to the by the honourable member for Mount Isa, I Workers Compensation Board as a result of am advised by my officers that in fact there is the inclusion. What I am saying is that it is the no change to the provisions in this Bill manual worker who is going to suffer most compared to the existing Bill. under this clause. There is grave concern in Mr PURCELL: This is probably one my community, because in the mining industry query for the employers. It may also be a people have accidents or they suffer wear and clarification of the present Act and how this Bill tear on their spine and it is many, many years will change it, or if it will change it. I will use a later before the full impact of these injuries back injury as an example. More and more, becomes evident. That is one of the major employers are screening employees because concerns held by the people whom I those employers do not want to employ represent. anybody with a back injury or any sort of injury We have to think about the people who at all because they are concerned that in the work in these occupations, because the not-too-distant future those employees will end mining industry, as the member for Fitzroy up on workers' compensation for that injury. mentioned today, is one of those industries in Under the present Act, if an employer employs which there is a tremendous potential for an employee with a pre-existing back injury, if accidents. In this State alone, we have had that employee is off work for a period of time the terrible accidents at Moura; we have had until that injury settles down and then comes three fatalities at Mount Isa Mines in the past back to work, will that come off that employer's 12 months. That is one of the concerns I had workers' compensation or off the previous with the change of name of this legislation, employer's workers' compensation? Also, what where the word "worker" was removed and the would be the answer to that scenario under word "compensation" was also removed. That the new Act? Will that be the same as it is is why, on behalf of the people whom I under the old Act? I know an employer with represent, I have to oppose and oppose that problem, and John Hastie is going to get vigorously the meaning of this particular it shortly. clause. Mr SANTORO: The member will not be Mr ROBERTS: I believe the Minister did getting into any trouble because the advice is not get the point that I was making. I might that the current employer will cover for the just state it again in order to get some further injury. clarification. If I could just put this situation to Mrs CUNNINGHAM: I seek just one the Minister again: it is determined that there further clarification. Two scenarios have been are two major significant factors which raised tonight. I have had these circumstances contributed to a particular injury. One is clarified to me, but I ask the Minister to confirm considered a non-employment factor; the it, if he will. A person has a degenerative other is considered directly an employment condition. This clause says— factor. The non-employment factor is determined to be 51 per cent of the cause; "An 'injury' is personal injury arising the employment factor is considered to be 49 out of, or in the course of, employment if per cent of the cause. Under the definition, the employment is the major significant there is absolutely no discretion for the court, factor causing the injury." because it says that an injury must be the Let us use the example of a back injury. The major significant factor. So therefore the non- degenerative condition is existent Monday 4 Dec 1996 WorkCover Queensland Bill 4959 morning when the employee comes to work. Littleproud, McCauley, Malone, Mitchell, Perrett, At 10 o'clock, that worker falls and aggravates Quinn, Radke, Rowell, Santoro, Sheldon, Simpson, that condition. Is the measurable amount for Slack, Stephan, Stoneman, Tanti, Turner, Veivers, which he will be compensated what can be Warwick, Watson, Wilson, Woolmer Tellers: directly attributed to the work? The second Springborg, Carroll question: how will that distinction be made? NOES, 44—Ardill, Barton, Beattie, Bird, Bligh, Earlier, a member used the example of a Braddy, Bredhauer, Briskey, Campbell, D'Arcy, person who played football. Say a person De Lacy, Dollin, Edmond, Elder, Foley, Fouras, Gibbs, Goss W. K., Hamill, Hayward, Hollis, Lucas, plays football on the weekend and it is a pretty McElligott, McGrady, Mackenroth, Milliner, Mulherin, rough sort of a game. The probability is that Nunn, Nuttall, Palaszczuk, Pearce, Purcell, Roberts, some injury to the person's back could have Robertson, Rose, Schwarten, Smith, Spence, occurred. However, that person went to work Sullivan J. H., Welford, Wells, Woodgate Tellers: on Monday and genuinely had an accident Livingstone, Sullivan T. B. which incurred back injury. How will WorkCover The numbers being equal, the Chairman distinguish between the injury that may have cast his vote with the Ayes. occurred on the Saturday and the injury that really occurred on the Monday? Will a Resolved in the affirmative. distinction be made or will the temptation be to Clause 35, as read, agreed to. relegate it all to the event on the Sunday? Clause 36— Mr SANTORO: I thank the honourable Mr LUCAS (11.01 p.m.): I ask the member for her questions. She asked first Minister: is this clause the same as that which whether we recognise only the aggravation appears in the legislation as it is currently and compensate for the aggravation. The drafted? If it is not, are any savings proposed answer to that question is: yes. She then to result from this clause? asked who determines what is aggravation and what is pre-existing. The answer to that is Mr SANTORO: There are no substantial as it has always been, that is: a medical officer changes to the 1990 Act. This clause is being changed to be updated according to current or a medical tribunal. The honourable member drafting practices. It outlines specific instances and I have had previous discussions, as I that are considered to be work related, for have had with other honourable members, as to whether or not there should be an appeal example, when an injury is taken to arise out right against the decision of a medical tribunal. of or in the course of employment, and those I would not want to have the power to review instances also include recess claims at or the decisions of a medical tribunal because, away from the workplace. I can assure the clearly, myself and perhaps anybody else honourable member that there is no other than members of a medical tribunal substantial change from the current Act. would not be technically competent to do that. Clause 36, as read, agreed to. Mr Purcell: A compassionate man Clause 37, as read, agreed to. would be handy. The CHAIRMAN: The question is that Mr SANTORO: Those words are very clause 38 stand part of the Bill—— easy to utter but far more difficult to implement Mr LUCAS: I rise to a point of order. Mr in the context of what we are discussing. In Chairman, I indicated to you that I wished to terms of the football injury example, the advice speak to clause 37. is that, obviously, investigations would be The CHAIRMAN: Yes, I did look undertaken. Doctors obviously would ask towards the member. I would appreciate it if questions and undertake investigations. I do honourable members would rise when I call not see those investigations being traumatic. the clause to which they wish to speak. I will Obviously, doctors would ask questions and recommit that clause. they would be relying considerably on the honesty of the person they are interviewing An Opposition member: Give him a about the injury. I hope that that satisfies the go. honourable member's queries. The CHAIRMAN: I am giving him a go. Question—That clause 34, as read, The question is that clause 37, as read, stand stand part of the Bill—put; and the Committee part of the Bill. I call the member for Lytton. divided— Clause 37— AYES, 44—Baumann, Beanland, Borbidge, Connor, Mr LUCAS (11.03 p.m.): Thank you for Cooper, Cunningham, Davidson, Elliott, FitzGerald, your indulgence, Mr Chairman. The clause as Gamin, Gilmore, Goss J. N., Grice, Harper, Healy, it is drafted is not consistent with the Hegarty, Hobbs, Horan, Johnson, Lester, Lingard, Government's stated aims of reducing 4960 WorkCover Queensland Bill 4 Dec 1996 complexity and time-wasting disputation. Of define "boundary" to be just a little closer to course, this clause will increase it. The most the event. ridiculous aspect of the drafting of this clause Mr PEARCE: I think that the issue of car appears in subclause (3)(a) which states that, pooling in relation to the subclause that relates for the journey to be covered, it must be by to journey provisions was raised on a number the shortest convenient route. That introduces of occasions this afternoon during the second- an aspect of possibly great contention and reading debate. The legislation states "by the disputation. If a person lives in Wynnum and shortest convenient route". On the coalfields, works in the city, that person can travel via mineworkers will travel all around a town to Wynnum Road or via Lytton Road. The pick up their work mates to take them to work. WorkCover authority will be out on the roads Car pooling is the way to do that and we with the UBD or with a pedometer measuring encourage that. That issue must be clarified. It distances. Perhaps the Minister will say that should at least be recorded in Hansard so that that clause does not relate to distance by road we have some understanding of it. I know that and that it relates to distance by time. Why mineworkers are meeting next week. They will does that subclause have to be in the be discussing this issue. legislation? Another point needs to be clarified. When Mrs McCauley interjected. the legislation refers to "a journey" does it Mr LUCAS: If the honourable member mean travel by any type of transport—bike, on were making sense rather than sleeping, I foot, roller skates or whatever? I cite the would attempt to answer her interjection, but example of a person who may be walking from as she is not, I am sorry that I cannot. his or her home to a pick-up point three streets An honourable member interjected. away when that person is attacked by a dog. Is that person entitled to compensation? Mr LUCAS: Exactly—where she is Another concern for mineworkers—and the making more sense. Minister will be hearing from me about this—is The problem is that that subclause is not the fact that the boundary is being used as capable of rational assessment. A situation the place of commencement for the journey. could arise in which a worker is on the way to Mineworkers believe that they should be work and the petrol is a bit low in the tank and covered once they walk out their front door that person wants to drop off down the road to with their lunch box under their arm, heading fill it up. That is not the shortest convenient off to work. route. I think another form of words could be I would like the Minister to clarify and to chosen to convey the desired impression quite record in Hansard where a workplace begins. adequately. Does it begin at the boundary of the property Mr PURCELL: I raise a question that where the workplace is, or is it when the the Minister could probably answer when he is person actually starts the job and sits down in answering the question of the member for front of a typewriter or picks up a welder or Lytton. I am asking this question for the sake does whatever is required in that person's of the country bods on the other side of the occupation? The legislation is not clear and it Chamber who are asleep and have not yet needs to be made clear. woken up to the fact that some of their Mr SANTORO: Of course, we are constituents will get done. Subclause (3)(b) talking about journey claims and we are talking states— particularly about the concept of "boundary". "for a journey from or to a worker's In terms of the prescriptiveness of the home—starts or ends at the boundary of definition, if it is made as prescriptive as some the land on which the home is situated." members are suggesting, by definition that will exclude certain situations that would otherwise When I was a kid, I was an altar boy. be covered by a looser definition that refers to There were 22 gates from the homestead to the "shortest convenient route". In the end, if the boundary. That was a fair distance. I am people are in dispute as to whether or not that thinking of workers who live in the country. The definition should be applied more fairly to legislation refers to "the boundary". Could the them, all they need to do is go to the review Minister be more definitive and perhaps relate mechanisms that are provided for in the Bill or that boundary to a certain distance from a go further and more senior—— person's home? A person who is going to work with somebody else may drive 30-odd Mr Lucas: Less complexity? kilometres through a property on the way to Mr SANTORO: Becoming prescriptive in work. When the Minister is answering the this case is almost like the Bill of Rights member for Lytton I believe that he should situation. One of the reasons I oppose a Bill of 4 Dec 1996 WorkCover Queensland Bill 4961

Rights is that once we try to define all our "shortest convenient route", they have very rights we will, by definition, exclude many other reasonable appeal mechanisms contained in rights that, under common law or any other the Bill. head of power, we have and take for granted. Clause 37, as read, agreed to. I think that this definition is a good definition. It provides people who are seeking to make an Clause 38— assessment of what is the shortest convenient Mr SANTORO (11.13 p.m.): I move the route a reasonable judgment. If that judgment following amendment— is not deemed to be reasonable, that "At page 47, lines 18 to 21— judgment is then appealable. omit, insert— I must admit that I had not thought of a mode of transport other than motor vehicle. '(ii) while in control of a vehicle, However, the advice that I have been contravenes the Traffic Act given—and this may come across as a bit 1949, section 16, if the flippant—is that they even cover pogo sticks. contravention is the major So I suppose that any reasonable means of significant factor causing the transport is, in fact, covered. event; or An honourable member raised the issue: (iii) contravenes the Criminal Code, what is a "boundary"? Does it mean the front section 328A; or'." steps of a house on a property as opposed to This relates to a drafting error that was the fence of a property? That means the picked up by the honourable member for fence—the boundary of the property upon Lytton. We are pleased to take the advice that which an individual resides. It means from the the words "Traffic Act" should, in fact, be boundary of the workplace to which the worker omitted and that the wording as circulated be is travelling. included. In terms of a car pool, people are covered Mr LUCAS: The amendment as moved if they regularly travel that route because it is in the name of the Minister certainly does the shortest convenient route. I hope that reduce significantly the very harsh effect that those points have answered the members' the clause had previously. As I indicated queries. Again, in my view, if those definitions during the second-reading debate, the clause are made prescriptive, that will in fact lead to had the effect that a person who was a argument. It will lead to the exclusion of diabetic and took too much insulin and had an people who otherwise would be and should be accident as a result or a person who went covered. through a give-way sign owing to tiredness Mr LUCAS: I will not labour the point, would not be indemnified. So I commend the but the Opposition is not seeking, in fact, to Minister for listening to that point and adopting make the definition prescriptive; it is seeking to the amendment. I still have difficulties with the make the definition more lax for the simple clause as it is. reason that we do not have dispute Mr FitzGerald interjected. procedures for something that we probably all agree is a fair enough claim. I would have Mr LUCAS: That is fine. I want to thought—and I am not here to be the drafter express those difficulties. I am aware of my of the Bill—that it should have been "must be rights in relation to the clause, and I am by the shortest convenient route in all the exercising them. I still have some difficulties. circumstances" or something like that which Mr FitzGerald: I am aware of certain takes into account those subjective factors. I undertakings. You mightn't be aware of those. have made my point. Mr LUCAS: I am not aware of any Mr SANTORO: The words were chosen undertakings. I will inquire into that. The very carefully. One would not want a situation difficulty is that the traditional view as to arising where somebody regarded the shortest workers' compensation cover was no-fault convenient route to work to be past a popular lump sum cover. The problem with this clause beach. Those words have been chosen to is that, albeit in a small way, it is increasing give a clear indication of the intent of the that tendency to move away from lump sum legislation. People have to travel to work in the cover. shortest route that is convenient. If that Mr ELDER: In relation to that includes car pooling situations, that is well and amendment—and I know the undertakings truly catered for within the Bill. that have been made—the member for Lytton Again, I stress that if people are not raised an important point in his second- happy with a determination of what is the reading speech. It was one to which I also 4962 WorkCover Queensland Bill 4 Dec 1996 alluded. I am pleased that the Minister has Mr SANTORO: The honourable actually picked up the points that were raised. member for Gladstone and I have had many As the clause was framed originally, it was a discussions about the issue of journey claims. very broad interpretation indeed and it would I should be able to inform the Opposition that, have actually impacted on a range of people in fact, very early in the piece the Premier and who took medication for a range of medical I had discussions about journey claims. We reasons. received some very significant representations, particularly from the firefighters, the police and The Minister is right: the Opposition can several other groups involved within vote against the amendment and I believe emergency services in this State. I must be that the shadow Minister will be putting the honest with the Chamber and say that we saw reasons for that. At least the Minister did see a lot of merit within the representations made some commonsense in relation to it. not only by the member for Gladstone but also Mr BRADDY: Certainly, the by the unions involved. In particular, the amendments proposed and negotiated are Nurses Union came to us with some very appreciated. They bring about a clause which graphic cases of examples where journey is preferable to the clause which is contained claims were, in fact, justified. Very early in the in the Bill. Although, as a second best, the piece we accepted that there was some Opposition will support the amendment, it will validity within those representations. That is be opposing the clause even as amended. one of the reasons why the Government has Obviously, this clause has come about not fought the inclusion of journey claims to because the member for Gladstone, in the extent that perhaps it is being credited with negotiations with the Minister, indicated that by the Opposition. she believed that journey claims should be However, there is no doubt on this side protected. So the Minister, through this that the issue of contributory negligence is a legislation, has put journey claims back on the fundamentally important one. It applies to agenda. However, he has made it a fairly injuries incurred within the workplace and also harsh provision. Unlike injuries at work where to injuries which are incurred on journey claims people can recover compensation even if it is to and from work. I suppose that is a major substantially their own fault, in the context of point of difference between the Opposition the drafting of the original clause the major and the Government. Although the significant factor is that the Government is Government is happy to accommodate an trying to take out a lot of the journey claims. amendment which it thinks is a useful one The Bill states— because it helps to clarify and incorporate "The injury to the worker is not taken within the Bill some of the points made by to arise out of, or in the course of, the members opposite, including the honourable worker's employment if the event— member for Capalaba, it still endorses the concept of contributory negligence and, (a) is completely or partly caused by a obviously, will support the amended clause. worker's action in which the worker— Amendment agreed to. (i) voluntarily subjects themself to a Question—That clause 38, as risk of injury." amended, stand part of the Bill—put; and the That is a very broad clause, particularly as Committee divided— it uses the words "or partly caused by a AYES, 44—Baumann, Beanland, Borbidge, Connor, worker's action". The Opposition believes that Cooper, Cunningham, Davidson, Elliott, FitzGerald, people on journey claims should be in the Gamin, Gilmore, Goss J. N., Grice, Harper, Healy, same position in relation to compensation and Hegarty, Hobbs, Horan, Johnson, Lester, Lingard, recovery of common law damages—no better Littleproud, McCauley, Malone, Mitchell, Perrett, and no worse—as people who are injured at Quinn, Radke, Rowell, Santoro, Sheldon, Simpson, the workplace. Slack, Stephan, Stoneman, Tanti, Turner, Veivers, Warwick, Watson, Wilson, Woolmer Tellers: In those circumstances, although the Springborg, Carroll Opposition will certainly support the NOES, 44—Ardill, Barton, Beattie, Bird, Bligh, amendment, which is an improvement, its Braddy, Bredhauer, Briskey, Campbell, D'Arcy, overall objection still remains that journey De Lacy, Dollin, Edmond, Elder, Foley, Fouras, claims should have been restored to the Gibbs, Goss W. K., Hamill, Hayward, Hollis, Lucas, condition that they are now and, in terms of McElligott, McGrady, Mackenroth, Milliner, Mulherin, compensation or common law damages, no Nunn, Nuttall, Palaszczuk, Pearce, Purcell, Roberts, distinction should be made between them and Robertson, Rose, Schwarten, Smith, Spence, Sullivan J. H., Welford, Wells, Woodgate Tellers: injuries which occur at work. Livingstone, Sullivan T. B. 4 Dec 1996 WorkCover Queensland Bill 4963

The numbers being equal, the Chairman will lead to the ill health of the fund. We cast his vote with the Ayes. therefore oppose it. We will be dividing the Resolved in the affirmative. Committee on this clause. Clauses 39 to 97, as read, agreed to. Mr PURCELL: I concur with what my colleague has said. The Minister must think Clause 98— seriously about privatising the workers' Mr BRADDY (11.27 p.m.): Part 5 of the compensation scheme as it is today. If he Bill, headed "Employer's Self-Insurance" is of removes the profitability of the Workers deep concern to the Opposition and it should Compensation Fund, as have I said earlier in be of deep concern to all the people of relation to another clause, we will be back here Queensland. Clause 98, which we are debating this provision. If employers with low debating and on which we will divide the injury rates leave the fund—and it will be in Committee, is about the right of self-insurance their interests to do so—the fund will be left which allows employers, under a licence under with those industries which no company wants this part, to provide their own accident to insure. They will be the industries with high insurance cover for their workers, instead of accident rates which are, indeed, the insuring with WorkCover. We believe that the industries which drive this State such as the provision of self-insurance will have a diabolical mining, construction and rural industries. The effect on workers' compensation, or fund will comprise such industries and few WorkCover, in this State. others, because the others will opt out. The experience in Australia and Therefore, this provision allows for the elsewhere is that allowing people to opt out of privatisation of workers' compensation and, a workers' compensation scheme—where within a few years, workers' compensation will there is not a monopoly in workers' cease to exist—the State Government will compensation—has a diabolical effect on the have no involvement in it at all, and I think that scheme that is left. Good employers, in the that will be a crime. sense of those whose industries produce very Mr ARDILL: I also support what the few injuries—such as grocery stores, Myer or shadow Minister is saying. My theme since first solicitors' or accountants' offices—can get speaking to the Bill this morning has been the extremely favourable, as distinct from fair, non-comprehensibleness of the Minister's premium rates. They opt out and become self- proposals. I cannot imagine who on earth insurers, and the companies which are left in gave him this sort of advice. I certainly cannot the scheme are a great drain on the fund. imagine anyone involved with the insurance Also, the economies of scale are such that, industry or the Workers Compensation Board where self-insurance applies, it will giving this advice to the Minister. It is undoubtedly lead to the closing of offices in absolutely incomprehensible that anyone regional Queensland. The combination of would put forward this proposal. It will destroy those two factors is, we believe, not in the the whole system. It is only a matter of time interests of the community. before this provision will lead to the total When we were in Government we demise of workers' compensation. rejected this suggestion. We had the sense to By leaving this provision in the Bill, the look at it carefully and we knocked it back. As I Minister has been derelict in his duty. This is said before, the genius of Government is in something on which the entire system of not accepting every recommendation, even workers' compensation was founded in 1916. when they come from an astute and sensible This is what has sustained the legislation ever person like Jim Kennedy. Governments' since. We are seeing the end of an era. This decisions must be their own. When a person provision will mean the end of workers' like Mr Kennedy gives 79 recommendations compensation as we know it. It is a ridiculous and the Government says, "We will adopt situation. Not only should the Minister be them all lock, stock and barrel", the State is criticised; his committee and the entire almost certainly bound for disaster. We believe Government should also be criticised for that this clause will create a disaster. allowing this provision to remain in the Bill. Everybody should be kept in the tent Whoever brought this provision forward in the together in order to organise the scheme first place, whether it was Jim Kennedy or across the State and to ensure that regional somebody else, did not know what he or she Queensland is covered in terms of staff and was doing and had no expertise to put forward other resources. The Government also needs this sort of provision for inclusion in the Bill. to ensure that the premiums and the fund are Mr SANTORO: I ask honourable in good health. We believe that this provision members opposite to recall some of the main 4964 WorkCover Queensland Bill 4 Dec 1996 arguments that they put forward during the Mr Purcell: They're the ones you're second-reading debate, particularly in relation going to end up with. to negligent employers paying premiums. In Mr SANTORO: Under this criterion, a lot relation to this point, their main thesis was that of them can get out if they wish to. One of the the employers who have the worst track record things that members opposite have not in terms of unsafe workplaces should be addressed in their comments is the eligibility penalised by paying higher premiums. criteria that will enable people to self-insure. Opposition members interjected. Perhaps members opposite should be reminded of that, because they have missed Mr SANTORO: No, I am just the point about the criteria for self-insurance. paraphrasing members opposite, but I think I am reflecting their views accurately. Members Employers must satisfy certain criteria in opposite say that those employers who do not order to be licensed as a self-insurer. The have unsafe workplaces should be enjoying employer must be of sufficient size to be able the incentive of a lower premium. An to put in place the infrastructure that will underlying thesis of members opposite is that enable it to effectively administer its own unsafe employers should be penalised by claims and injury management. It must have a paying a higher premium. Members opposite minimum of 500 full-time Queensland workers are now saying that they want employers with to ensure that these needs can be met. To a safe record to subsidise unsafe—— ensure that the employer has the financial ability to meet its own claims costs, the Mr Nunn: No. employer must hold at least $100m in net Mr SANTORO: That is what honourable tangible assets and satisfy WorkCover of its members opposite are saying. Members long-term financial viability, and a self-insurer opposite should listen to what they have just must provide an unconditional bank guarantee said. With respect, they need to just reflect for or cash deposit at the greater of 150 per cent a minute on what they have said. They have of estimated claims liability or $5m to ensure said that, if we take out of the pool those sufficient funds are available to cover claims in employers who do not make big claims on the the event of insolvency of the self-insurer. board but yet pay big premiums because of I could keep reading the very strict criteria their size, the insurance pool is being that apply. Local government in particular is subsidised. I understand that that is the way very keen to self-insure, and for good reasons. that insurance works. But the argument of It believes that it can manage its own risk, members opposite in relation to this clause given its own assets. The point that I am runs counter to some of the other arguments making is that this provision is not inconsistent that they have put up. with much of what members opposite have Mr Elder: No, it doesn't. said and it is not inconsistent with the principles that should underlie a WorkCover Mr SANTORO: It does. system, that is, that the people who incur the Mr Elder: It doesn't. Your logic is greatest risk should pay the greatest premium. twisted. If that means that they have to pay higher premiums because their workplaces are Mr SANTORO: Members opposite relatively unsafe, the new corporatised cannot have it both ways. structure, WorkCover, will in fact pitch those I refer the honourable member for premiums at a commercial level so as to cover Bulimba to the very good questions he the risk. That will provide an incentive to asked—and I am giving him a lot of credit; I achieve what I would hope all honourable believe he has a far better understanding of members in this place want to achieve, and this Bill than do other honourable that is safer workplaces for Queensland. members—during the Estimates committee I do not accept the logic of the hearings. The member asked: "Who pays the Opposition. I understand where it is coming big premiums and who makes the big claims?" from in terms of the insurance pool argument, The honourable member will recall that I but I again say that it is not inconsistent with answered that it is big employers who, the objects of this Bill, and that is to help because of the size of their work force and the create safer workplaces and to place the complexity of their workplaces, have the burden for insuring unsafe workplaces on majority of injuries and, therefore, make the those people who control uninsured greatest number of claims. I think 30 per cent workplaces. of employers claimed 30 per cent of injuries and pay 30 per cent of the premiums. Mr LUCAS: I have three points to make about this clause. Firstly, I thought that 4 Dec 1996 WorkCover Queensland Bill 4965 community rating, for example, in private that clause 121(1) on page 88 of the Bill health insurance was a bipartisan view shared states— by both sides of the political spectrum. For the "WorkCover may, by written notice, Minister to attempt to argue that in respect of ask a self-insurer to give WorkCover the benevolent types of insurance, such as documents, copies of the documents or workers' compensation or private health details from the documents, mentioned in insurance, there is no place for that section 120." consideration—and I am not suggesting that we go down the community rating path in this And so on it goes. legislation—is spurious. So there is within the Bill, soon to be the The other thing is that, under the Motor legislation, considerable power vested within Accident Insurance Act, to get around the WorkCover to undertake the supervisory and problems that they have in New South Wales inquisitorial functions which the honourable with competition from insurers that was member believes should be contained within negative and not in the best interests of the the Bill. There are other criteria in relation to scheme, they had constant fees. There was self-insurers that in fact touch on the concerns no attempt to undercut because, if people that have been expressed by all members, undercut, by virtue of the provisions of the including the honourable member for Lytton. legislation, they would end up falling back on For example, self-insurers must meet certain the WorkCover authority. workplace rehabilitation standards. It is not just in relation to claims management, for The final point I wish to make is that the example, which is the example that the Motor Accident Insurance Act has very honourable member for Lytton has raised. But detailed reporting requirements in it that there are workplace rehabilitation standards require insurers to provide detailed information which need to be in place and which need to to the Insurance Commissioner. I cannot see be maintained. There are a lot of aspects to in this Bill—and I am happy to be this Bill that seek to satisfy the concerns of corrected—provisions that require self-insurers honourable members opposite. to report to WorkCover about how they handle Mr ARDILL: I take issue with the their claims. There are very detailed provisions Minister when he claims that there has been about claims management. Those members some inconsistency in our argument. There who read the annual report of the Motor Accident Insurance Commission would have has certainly been no inconsistency in my seen the excellent material that it provided. argument. I have consistently said that this is The Minister has a responsibility to protect the greatest fault in the Bill other than the workers who are claimants against self- callousness of the Bill in its treatment of some insurers. What supervisory requirements does of the victims of these new provisions. The the Minister have vested in WorkCover along greatest problem in the Bill is the inconsistency the lines contained in the Motor Accident of the attitude of the Minister. Insurance Act? In point of fact, we have not said that Mr SANTORO: In terms of the there should be anything different from what is bipartisan approach to this issue of self- there now as far as premiums are concerned. Safer industries already pay a lesser premium insurance—I can inform the honourable than do the hazardous industries. I think that member that before this matter was raised what has been said is that where an employer here this evening, to the best of my of his own volition is operating in an unsafe knowledge we had not received manner, then there should be some penalty representations against this concept. The first imposed on that person. The Minister is also that I have heard of this argument is in this oversimplifying the issue. There are matters Chamber this evening. I am prepared to such as economies of scale which would make accept that it is coming in good faith. However, a vast difference to this Bill. I reiterate what I we have not been bowled over with opposition said before: this is the demise of the Workers in relation to this particular provision. Compensation Fund as we know it. The In terms of what supervisory role Minister is taking away all of those things WorkCover has—I stopped reading the criteria which made that work for the past 80 years. It and the mechanisms that are in place in terms is not something that has failings in it. It has of the control of matters such as claims, for the inherent problem of not being able to example, and I will continue to read the make a profit every year. The Minister has provisions that are contained within the Bill, for taken that to mean that there is something the benefit of the honourable member and wrong with the whole philosophy of it. There is others. It has just been drawn to my attention not. There will be years—and have been 4966 WorkCover Queensland Bill 4 Dec 1996 years—when because of various situations "WorkCover replaces the self-insurer such as natural disasters—— for any proceeding being taken, or that The CHAIRMAN: Is the honourable may be taken, by a worker or claimant member speaking to clause 98? against, or by, the self-insurer as an insurer; and Mr ARDILL: I am. I am saying that there is no inconsistency in our argument as the WorkCover has the rights, and Minister claims. In point of fact, we are saying assumes the obligations, of the self- that this is the way it should work, and the fact insurer under the contract of reinsurance." that the Minister is allowing these people to I think that that particular section should satisfy opt out means that it must in time fail, and the honourable member's queries. that will be the reason for the failure, not the Mr LUCAS: I must not have made system itself. myself clear. I understand that for the self- Question—That clause 98, as read, insurers, but in situations where the employer stand part of the Bill—put; and the Committee has not paid the premiums, where does the divided— legislation say that they will be covered AYES, 44—Baumann, Beanland, Borbidge, Connor, notwithstanding that the employer has not Cooper, Cunningham, Davidson, Elliott, FitzGerald, paid the premiums—not necessarily a self- Gamin, Gilmore, Goss J. N., Grice, Harper, Healy, insurer situation? Hegarty, Hobbs, Horan, Johnson, Lester, Lingard, Mr SANTORO: I am not sure that the Littleproud, McCauley, Malone, Mitchell, Perrett, honourable member's question is relevant to Quinn, Radke, Rowell, Santoro, Sheldon, Simpson, the clause that we are now debating. I think Slack, Stephan, Stoneman, Tanti, Turner, Veivers, Warwick, Watson, Wilson, Woolmer Tellers: that was a matter that could have been raised Springborg, Carroll earlier on. But we will find the exact provision for the member, and during the debate on NOES, 44—Ardill, Barton, Beattie, Bird, Bligh, another clause I will do my best to enlighten Braddy, Bredhauer, Briskey, Campbell, D’Arcy, De Lacy, Dollin, Edmond, Elder, Foley, Fouras, him. Gibbs, Goss W. K., Hamill, Hayward, Hollis, Lucas, Clause 126, as read, agreed to. McElligott, McGrady, Mackenroth, Milliner, Mulherin, Nunn, Nuttall, Palaszczuk, Pearce, Purcell, Roberts, Clauses 127 to 131, as read, agreed to. Robertson, Rose, Schwarten, Smith, Spence, Clause 132— Sullivan J. H., Welford, Wells, Woodgate Tellers: Mr PURCELL (11.55 p.m.): My Livingstone, Sullivan T. B. comments will relate to both clauses 132 and The numbers being equal, the Chairman 133. As the Act stands, those people who cast his vote with the Ayes. earn over the award rate have their normal Resolved in the affirmative. weekly earnings calculated on a weekly basis, so overtime and so forth is included. This Clauses 99 to 125, as read, agreed to. relates particularly to meat workers, who used Clause 126— to be under a minimum tally. I think the Mr LUCAS (11.52 p.m.): Clause 126 Minister will remember that argument. The covers the situation in which functions are minimum tally I think was about $300 a week. transferred to WorkCover after a self-insurer No meat worker who does a full week would goes out of existence for whatever reason. I take home that amount; they are up around could not find the Nominal Defendant-type the $600 or $700 mark. There was a long and provision in that clause. I ask the Minister to involved case in regard to that and some point out the provision in the Bill that provides barristers gave their interpretation of what was that where the employer, for whatever reason, the award rate and what was not the award has not remitted payments WorkCover will still rate. stand behind the employer to make payment I seek clarification on the precise definition to the individual worker, notwithstanding the of "normal weekly earnings". Does that include fact that it is going to chase the employer for other allowances that are paid to, say, a the premiums and the damages. construction worker? Is Mr Hastie straining to Mr SANTORO: I thank the honourable hear me, or is the Leader of Government member for his query. I am advised that Business annoying the Minister's advisers? transfer to WorkCover after cancellation in Mr FitzGerald: No, the advisers weren't terms of what the honourable member is sure which clause you were on, and I am just asking is covered by 126(d) and (e). I will having to tell them. quote it for the benefit of honourable Mr PURCELL: Clauses 132 and members— 133—my comments relate to both. In the 4 Dec 1996 WorkCover Queensland Bill 4967 construction industry, nobody works 38 hours Mr SANTORO: Can I make a a week or 40 hours a week; the minimum is suggestion to the honourable member? As I about 58 hours a week. So when workers in said at the beginning of my explanation, the that industry go on workers' compensation calculation of normal weekly earnings will in they take a very savage wage cut. In addition, fact be governed by regulation. I will take the they are usually paid superannuation of $50 a member's point on board as we go about week and BIRT of $50 a week, so there is drafting the regulation, but again, just for the another $100 there. I want to know whether latest information of the honourable member, those items are going to be paid while a the advice is that there is no change in this worker is on compensation or whether the part of the Bill to the existing provision in the employer will have to pick them up. We used current Act. to call them side allowances, but I imagine Clause 132, as read, agreed to. that these days they are registered agreements which are over and above the Clauses 133 to 140, as read, agreed to. award. I ask: are those amounts paid and is Clause 141— overtime paid? Mr LUCAS (12.01 a.m.): I have one Mr SANTORO: If the member reads the concern about clause 141. The clause says Explanatory Notes he will note that that entitlement ceases if a worker receives explanations are provided for the various compensation under a corresponding law of provisions of the Bill. The explanation for this the Commonwealth or a place other than clause states— Queensland. We might have a situation where "The calculation of normal weekly a worker applies for and receives a lesser earnings is prescribed under the benefit in another State. If that is the case, regulation. Normal weekly earnings takes that worker is then not entitled to apply for a into account amounts paid to a worker by benefit in Queensland, notwithstanding that the employer immediately prior to the the benefit in Queensland is a better benefit. injury by way of overtime, higher duties, That worker may have been poorly advised or penalties and allowances of a regular may have not had the full information before nature, required by the employer and that him or her. I just wanted to make that would have continued if not for the injury. observation in relation to the clause. It does not include"— Mr SANTORO: I thank the honourable to answer the honourable member's question member for his contribution. In relation to more specifically— clauses 141, 142, 143, 144 and 145, there is no substantial change. "one-off periods of overtime. Where the worker has been employed by different Mr Lucas: I realise that. employers at different times over the 12 Mr SANTORO: I appreciate that, but I month period, only the amounts paid by just wish to stress that there is no substantial the employer at the time of the injury are change from the existing Act. In answer to the used in the calculation." honourable member's previous question which The honourable member may also be related to a much earlier clause, proposed interested to know that a specific provision section 135 will provide him with the answer. related to seasonal workers also exists. Where Should the member require further there is a reference under the award or clarification, I ask him to say so. industrial agreement to seasonal variations in Clause 141, as read, agreed to. employment conditions, the calculation of Clauses 142 to 157, as read, agreed to. NWE should reflect the appropriate season under the award or industrial agreement as if Clause 158— the worker were at work and the injury had not Mr BRADDY (12.03 a.m.): This point occurred. I believe that the provisions for has been drawn to the attention of the compensation within this particular section are Government and the Minister, yet they persist equitable, and they do seek to maintain a with this clause. On behalf of the Opposition, I level of compensation commensurate with—— wish to register our opposition to 158(2) in Mr Purcell: What about superannuation particular, which states— payments? If an application is lodged more than Mr SANTORO: The advice is that the 28 days after the entitlement to employer is liable for superannuation compensation arises, the extent of payments. WorkCover's liability to pay compensation starts on the day the valid application is Mr Purcell interjected. lodged." 4968 WorkCover Queensland Bill 4 Dec 1996

This is a new and harsh interpretation. It is WorkCover's hands. I find that quite amazing much harsher for employees and workers than in remedial legislation such as this. It would the previous legislation. Although there is not be so bad if the Bill stated that special provision for special circumstances in relation circumstances existed. If they were not only of to medical matters, as I understand it, if a medical nature, they would also go off to the special circumstances exist, that is, not only medical assessment tribunal. medical circumstances, I believe that the What happens if a worker from the payment of compensation should be from the country does not know that he has to lodge a day the injury occurs, if it is a valid injury. claim within a certain time limit? Sometimes Clause 158(1) provides that there is no the injury itself might not manifest itself until six discretion now if it is claimed outside a six- months after the event. There is no proviso month period. We believe that that is wrong here for that. If the injury does not manifest and too harsh on workers and we oppose the itself until six months later, this Bill says, 28-day period that is provided in clause "Tough luck. You are not really educated; you 158(2). are not really aware of the issues—you miss The CHAIRMAN: Is the member out." WorkCover might say, "Fair enough, we moving his amendment No. 6 on that clause? are very sympathetic. We know there is no Mr BRADDY: I formally move the fraud, we know there is no prejudice, but this is following amendment— not of a medical nature, so you miss out." That is terribly sad and terribly harsh. I think "At page 105, lines 19 to 23—clause the Minister should give consideration to 158(4) and (5)— agreeing to our amendment. At the very least, omit, insert— if he does not agree to our amendment, he '(4) In relation to a particular should ameliorate the very harsh application, WorkCover may— consequences of that clause. (a) waive subsection (1), if WorkCover is Mr ELDER: I do not want to labour the satisfied that failure to lodge the point because it has been raised in speeches application in the prescribed period during the second-reading debate by myself, was due to— the member for Lytton and the shadow Minister, but this is one section about which (i) mistake; or we did have concerns for that same reason. If (ii) absence from the State of the the Minister is going to have circumstances claimant; or that he says are now needed because (iii) a reasonable cause; and legislative principles allow the board not to have the dispensation that it had to make (b) waive subsection (2) for any cause consideration of late lodgements, then it is WorkCover considers to be important that the Minister spell out what reasonable.'." those circumstances are. He is not spelling Mr LUCAS: I rise to endorse the them out. We say to the member for sentiments and the amendment moved by my Gladstone that this amendment at least starts colleague the shadow Minister. Earlier during to spell out those circumstances and gives the Committee stage, the Government those who are late in their lodgments or those graciously acceded to amending the clause with other special medical reasons at least the that related to journey claims. I really thought ability to seek workers' compensation and that this would have been another clause have that cover. which, if they put their heads together and had Mr SANTORO: One of the major a think about the issue, they would have criticisms of the current workers' compensation wanted to amend. I ask the member for system is that it is slow and cumbersome. Gladstone to pay particular note to the Some people complain about the bureaucratic amendment moved by my colleague. way in which some claims and issues coming First, I would like to know how much before the board are in fact dealt with. The money is expected to be saved by cutting intent of this clause, as the Explanatory Notes down on the proviso here, and if the only make clear, is to ensure that applications are suggestion is that it is to reduce fraud, then lodged in a timely manner to allow the proper there are other ways to deal with it besides this management of the claims. Clause 100 does clause. As the shadow Minister pointed out, not provide adequate ability to control the WorkCover must act according to law; it can applications which are lodged outside the time only waive when there are special frame where the circumstances underlying the circumstances of a medical nature, not for any application are doubtful. I suppose one of the other special circumstances. So this Bill ties underlying themes of the legislation is to make 4 Dec 1996 WorkCover Queensland Bill 4969 the whole system of claim handling and that the Opposition has moved. We find it consideration of claims and compensation extraordinary that the Government could payable a lot more efficient than it is now. increase that percentage to such a high level, I do not necessarily condone the when in his report Mr Kennedy stated that that comments made about the people who section should apply if a worker sustains an administer the current laws. What I have said injury that results in a WRI of 15 per cent or now should not be a reflection of the more. We believe that that would be the professionals within the Workers appropriate payment that should be made for Compensation Division of my department. The a lump sum compensation for carers, which is law seeks to give them the ability to better what this clause is about. In our opinion, the manage the claims before them. I think that, Government is being excessively harsh in with better management, Queensland workers moving that figure to such a high level. The will be better off. Opposition believes that the appropriate course to adopt is the one recommended in Mrs EDMOND: The concern about the the report. Accordingly, we have moved the delay between when claims are lodged and amendment. when payouts are made is about when they are lodged and when payouts are made. That Mr SANTORO: The response need be is where the concern about delays presently only very brief. Mr Kennedy has endorsed the exists in the system. This clause as it stands new 50 per cent threshold. does not benefit workers who have actually Mr Braddy: He didn't in his report. put in a late claim for whatever reason. It gives no discretion; it does not spell out what Mr SANTORO: No, but I can assure conditions apply. honourable members now that, in the new circumstances that have developed, Mr The Minister has stated that there is room Kennedy has endorsed the 50 per cent level. for discretion; yet, in his explanation, he makes a statement that is contrary to that. Mr Elder: He's not the font of all The Opposition is not talking about the delay wisdom. between when the application is lodged and Mr SANTORO: I take the interjection when it is dealt with by the Workers from the honourable member for Capalaba. Compensation Board. We are merely trying to The member quoted Mr Kennedy's support for explain that, in some instances, there will be 15 per cent as the reason why that figure occasions when workers who are seriously should remain in the legislation. I am assuring injured through no fault of their own will be the Committee that he now believes that, debarred from making workers' compensation under the new circumstances, 50 per cent is claims to which they are entitled. The Minister the more appropriate figure. is refusing a reasonable amendment that would give them that right. Amendment negatived. Mr SANTORO: I doubt that a seriously Clause 211, as read, agreed to. injured worker would be waiting six months to Clauses 212 to 216, as read, agreed to. lodge a claim. Clause 217— Amendment negatived. Mr LUCAS (12.14 a.m.): To pre-empt Clause 158, as read, agreed to. the Minister, I point out that I understand that Clauses 159 to 210, as read, agreed to. this clause does nothing but replicate the current law. However, it has been a sore point Clause 211— with a number of families whose loved ones Mr BRADDY (12.11 a.m.): I move the have been killed in either motor vehicle or following amendment— work-related accidents. They would not have "At page 131, line 4, '50%'— State administration expenses were it not for the death. I think it is unfair that State omit, insert— administration expenses, which can be '15%'." expensive, are not covered by the existing law. The purpose of this amendment is to do I know that the law does not currently cover what I understand Mr Kennedy recommended those expenses; however, as a general policy, in his report. I refer particularly to clause 211(2) that is something that we should be working which refers to a WRI of 50 per cent or more. I towards. Just because those expenses are not understand that the recommendation in the covered by the current law does not mean that Kennedy report was for 15 per cent. Of the Minister cannot better us. We will not be course, that is the wording of the amendment offended. 4970 WorkCover Queensland Bill 4 Dec 1996

Mr SANTORO: We'll take the Mr BRADDY: I believe that the provision honourable member's comments on board. in clause 314 is fundamentally flawed and, Clause 217, as read, agreed to. indeed, is immoral. In this country, courts are well able to administer a system of common Clauses 218 to 313, as read, agreed to. law. Within that common law system, they are Clause 314— very familiar with the principle of contributory Mr ROBERTS (12.16 a.m.): I will raise negligence. Subsection 314(3) provides as some problems associated with this clause, follows— which deals with contributory negligence. If "For subsection (2), the court must one considers the way that the clause is reduce the award of damages by at least constructed, one sees that six circumstances 25% for each of the circumstances are listed. If a worker fails to comply with those causing or contributing to the injury." circumstances, the court is required to reduce The Government's inclusion of such a the amount of damages that are awarded by provision is immoral and totally uncalled for in at least 25 per cent for each of those our system of administration of justice. circumstances. The major difficulty that I have with the circumstances that are listed is that I know that insurers and their supporters they say absolutely nothing at all about the say that judges are not finding contributory appropriateness under the circumstances of negligence. When I was practising law, I the measures that are provided or put forward certainly saw many instances in which judges by the employer. For example, an employer were quite capable of—and frequently did— may provide protective clothing and making findings of contributory negligence in equipment to workers to perform a particular relation to injuries caused by either motor job, but it may be that the workers are working vehicle accidents or accidents in the in an outdoor situation in 40-degree workplace. So to take the power out of judges' temperatures as welders or cutting metal. The hands and to tell them what they have to do is employer provides them with full-length as objectionable to me as is the provision of overalls and face masks, etc., but, under the minimum sentences whereby judges are told circumstances, it is totally inappropriate for the that they have to impose minimum sentences. workers to wear that particular clothing due to I think that judges should be left entirely to the prevailing temperatures. If the workers their discretion. take them off for a short period to recuperate I think that this clause is entirely wrong from the heat and during that short period and that that whole section of the Bill that sustain an injury, the court would have no relates to the reduction of damages because discretion in a claim for compensation for of contributory negligence should never have damages. It is required to reduce the been put into it. It should have been left where damages by 25 per cent. it lies currently—with the courts to carry it out. Another problem relates to subclause Mr LUCAS: This clause is certainly one 314(1)(e) which states that at the relevant time of the most outrageous provisions of the Bill. It the worker might be affected by the intentional is a total abrogation of the court's role. It is consumption of a substance that induces nothing more than a backdoor attempt to impairment. An employee may have reduce workers' damages payouts in a way deliberately taken a cough mixture or an that is most unfair. antihistamine as medication, which certainly I concede that there has been an might impair his or her motor skills. If that increasing tendency in the courts to not pay consumption, which might be quite legitimate much heed to contributory negligence findings under the circumstances, contributed to an any more. Some people say that finding injury during work, the court is required to contributory negligence is getting harder and reduce the damages by 25 per cent. harder and that master/servant actions are Subsection 314(1)(f) refers to failure to now approaching strict liability. However, that attend a safety course. The tenuous nature of does not mean that, having identified a this circumstance is that if such attendance problem, the Government throws out the baby probably would have aided the worker to avoid with the bathwater and adopts this incredibly or minimise the effects of the event, the court draconian procedure. It would have been bad is required to reduce damages by 25 per cent. enough if it was made 25 per cent, but to These are extremely harsh measures. I do not make it 25, plus 25, plus 25, plus 25 means think that they are entirely appropriate. They that the situation could arise in which there are do not take into account the circumstances four items of contributory negligence, each of that actually exist on the job. As a result, them on ordinary common law principles being workers will suffer quite severe detriments. worth 2 per cent or 3 per cent if they are very 4 Dec 1996 WorkCover Queensland Bill 4971 minor. However, because the Bill specifies 25 or she finds the slightest evidence of the per cent and because the Bill specifies that it smallest little bit of contributory negligence, he is cumulative, we could end up with the or she must reduce the award by 25 per cent. situation in which the worker gets nothing. Heavens above, we are going to end up with a That is really unfair and harsh. bench made up of administrators, not of Mr Purcell: They'll be paying them judges. It is their role to work out to what compo next. extent the award should be diminished by contributory negligence and not the Minister's. Mr LUCAS: That is right. At the rate we are going, the worker will have to give I think that it is possibly a worthwhile WorkCover a donation. As well, the clause exercise for legislation to spell out the kinds of treats injured workers differently from anyone events that a judge should be considering. else who has a common law action. Again, as However, I agree with my colleagues that I indicated before, if a worker at Woolworths common law recognises contributory slips over when he or she should have been negligence quite well. If the Minister wanted to looking out, that worker gets 25 per cent off do that, that is one thing; to take it the extra the top. If that worker was wearing shoes that step and to have a mandatory 25 per cent is were not the best, 25 per cent is taken off the extremely objectionable. I appeal to the top of that. However, if a shopper who was Minister to reconsider his stand on this point. walking next to that worker slips over in the Mr PURCELL: I want to reiterate what same puddle, the court gets to assess my colleagues have said. Really, this issue contributory negligence in that case, and I can gets back to what we were talking about, tell members that it would not be 50 per cent. which is the common law threshold of 15 per So it is most unfair. The Government has not cent. By this clause, the Minister is making the only whacked on a mandatory 25 per cent but worker a second-class citizen. The worker gets also gone far worse than that horror and put treated differently from anybody else. As the 25, plus 25, plus 25, plus 25, et al. member for Lytton said, if a worker is injured at Mr J. H. SULLIVAN: I raised issues a shop at which he or she is employed and relating to this clause during the second- there is an element of contributory negligence, reading debate. I would like to endorse under common law that worker will be treated everything that has been said by the member differently from the situation in which that for Kedron and the member for Lytton. worker knocked off work, went home, got However, I must admit that, being a non- changed, went to the same shop and fell over. lawyer, I did not understand the initial part of The Minister is really making two laws: one for the contribution of the member for Lytton in workers and a better law for those who are not which he started to talk about the law of torts. workers. To me, I see this as an attempt by the Ms BLIGH: I would like to draw the Minister to deal with an issue about which he attention of the Chamber to clause 314(1) and has spoken publicly on a number of 314(3) and to the use of the word "must". occasions, and that is the quantum of awards Members will recall that earlier this evening we that are being granted by the courts. The had quite a lengthy debate about the use of Minister has also blamed some of the alleged the word "may" in relation to the discretion blow-out on the increased activity of lawyers in open to the WorkCover board in relation to the the field. It seems to me that the Minister, not possible denial of compensation to employees being one who has been complimentary to whose tax status may be questionable. lawyers terribly much, cannot blame lawyers The legislation before the Chamber for representing workers who are injured at provides significant discretion to WorkCover work as a consequence of the employer's and the board of WorkCover to determine on negligence. The Minister cannot blame the the basis of the facts of individual cases courts if they are going to recognise the whether or not an employee may be entitled employer's negligence and grant an award to to compensation or whether, in fact, under the the worker. Simply, on my understanding, the definition of the legislation, that employee is a court is not able to grant an award unless worker. there has been some negligence. Despite what I believe were very sound I can understand that the Minister sees arguments against the use of the word "may", this clause as a means of capping or reducing the Minister has insisted on the use of that the amount of those payouts and, in his mind, word in this legislation thereby granting a reducing the call on the fund from common greater discretion to the WorkCover board law claims. However, it seems to me that it is than he is prepared to grant to the courts. This most objectionable to say to a judge that, if he clause will remove from the courts the 4972 WorkCover Queensland Bill 4 Dec 1996 discretion to judge each case on the merits of the sense of inserting "significant contributory the facts of the case. I am not arguing against negligence" into the clause. Surely even the a reduction of damages where there is some Minister can see that. Without that contributory negligence. However, I believe amendment, this clause will be used to deny that the mandatory nature of this clause workers fair compensation. removes the discretion from the courts that the Mr SANTORO: This clause is at the Minister, in this legislation, has given to the heart of the recommendations proposed by Mr WorkCover board. Jim Kennedy. It seems to me to be a funny old system Mr Elder: Who made him the font of all of justice when a statutory authority, subject to wisdom? the operation of the Public Service Act and the lack of independence that that will bring, has a Mr SANTORO: I can tell the honourable greater discretion over the lives of workers and member for Capalaba that nobody is the font the judgments about their accessibility and of all wisdom, but some people make better eligibility for very significant compensation and sense than others. In this case, Mr Jim has a much greater discretion and power than Kennedy makes better sense than the people the independent judiciary—a very funny old opposite, who practically bankrupted the system indeed. workers' compensation system when they were in Government. However, we have In my view, the Minister is proposing a managed to keep the debate fairly much on very blunt policy instrument—an instrument track and we should continue to do so, even that is so blunt that it will disadvantage many at this early hour of the morning. people. Very clearly, it is an instrument that is designed to try to take away entitlements from One of the objects of the WorkCover people who would otherwise be entitled to Queensland Bill is to protect employers in them. relation to damages claims. Bearing in mind that underlying the whole Bill is the concept of The combined effect of 314(3) means balance, the Bill seeks to achieve a balance that if three or four of those circumstances between the responsibilities of employers were found to exist at the one time, the courts towards the safety of their workers and the would have to impose a 100 per cent responsibility of workers towards their own deduction on the damages. It is an absolutely standards of safety. ludicrous situation. What, in fact, if all six circumstances were found to be satisfied? It is Mrs Edmond: It does not say that there not a fanciful notion being proposed by the has to be 25 per cent negligence to be a 25 member for Bulimba. It is quite possible that it per cent reduction. could be the case of WorkCover sending Mr SANTORO: I will come to the people an invoice. specific clause in a moment, but I am simply It should also be drawn to the attention of referring honourable members to one of the the Committee that the reduction of the objects of the Bill which states that it provides damages is at least 25 per cent, so it is for the protection of employers' interests in relation to claims for damages for workers' actually possible for the courts to make it injuries and it makes changes to the laws to greater than 25 per cent in each case. The strengthen workers' obligations for their own Minister ought to reconsider this clause. In my safety in employment. Even the honourable view, it is unworkable. It will not stop the courts member for South Brisbane, who seems to from exercising the discretion that they have at want to oppose practically everything that is in common law. Many people will find themselves subject to absolutely onerous and the Bill, admitted—— unreasonable deductions in their entitlements. Ms Bligh: I have only spoken on two clauses. Mrs EDMOND: In one way, this clause is very prescriptive and, in another way, it does Mr SANTORO: I think that the not define what it is prescribing. It says that honourable member spoke on more than two the court must make a finding of contributory clauses. However, if that is the case, she has negligence, but it does not define what it certainly opposed the other two clauses, so means by "contributory negligence". Does this my statement that she has opposed 100 per mean any form of negligence, does it mean cent of everything spoken to is still correct. significant negligence, or what? No indication The object of the clause is to instil a is given in the Bill. Even in cases of the most sense of balance in the spirit of the Bill. Clause minor negligence, the Minister is prescribing a 314 is one of the fundamental 25 per cent deduction in the compensation recommendations of Kennedy. If honourable award. At the very least, the Minister must see members have a close look at the discretion 4 Dec 1996 WorkCover Queensland Bill 4973 that is provided for the courts in the Bill by amount. We believe that a judge ought to be words such as "relevantly failed", "so far as able to find for contributory negligence in the was practicable", "at the material time", and so amount that he believes is appropriate. on—— If the Minister's answer covers the Ms Bligh: Can't you see the case law on situation as he sees it, the practical operation this! of the Act will have quite the opposite effect to Mr SANTORO: My point is that there is that which he is trying to achieve. In the discretion. interests of fairness and in the interests of the rights of the person appearing before them, I Ms Bligh: The lawyers will make money do not believe that judges will find that out of this clause. contributory negligence has occurred if they Mr SANTORO: I can go on all night, believe it played only a small part in the injury. and if the member wants to keep interjecting, I Simply because the Act states that it is will do so. mandatory for a judge to reduce a claim by 25 The important point is that this is a per cent, the judge will not necessarily do so. I balanced clause. It gives the magistrate the think that the Minister will be defeated in his discretion that we believe he or she should purpose because of his insistence on this have to entrench a sense of balance, which most onerous 25 per cent reduction in every has been lacking within the workers' circumstance. compensation system of Queensland. I believe that what the Minister wants to Mr J. H. SULLIVAN: The answer that achieve needs to be stated, but this clause will the Minister has just provided to the not achieve that purpose. As the member for Committee does not go any way towards South Brisbane said, this clause will create all answering the questions of a number of us in sorts of interesting case law. It will be the first instance, and particularly that of the appealed by the Minister and the WorkCover member for South Brisbane in relation to the board time after time after time. The Minister is issue of the discretion provided to the courts. It creating lots of work for Liberal lawyers. seems to me that the Minister is indicating that Mrs EDMOND: In reply, the Minister he allows a discretion by setting out what said that he was trying to establish a fair contributory negligence is, rather than by balance. That is exactly what he is not doing setting out the amount by which a magistrate with this clause. He is removing fair balance may seek to reduce the award as a and he is also removing what he says gives consequence of contributory negligence. the courts their discretion. This clause removes If the Minister is right and if the discretion the court's discretion to find lesser levels of does exist, a fair-minded member of the contributory negligence. It may be found that Queensland judiciary assessing these there is a 5 per cent contributory negligence, principles may say, "If I was to consider yet the court is still compelled to sacrifice 25 contributory negligence to have occurred at all, per cent of a worker's fair compensation. I then I would consider it to have occurred to cannot see how anyone can claim that that the extent that I should reduce the award by 5 gives a fair balance. To me, that gives an per cent. However, I am told that I must absolute imbalance, and it takes all the reduce the award by 25 per cent. Further to discretion from the courts to give a fair finding. that, there is some discretion for me to decide Question—That clause 314, as read, that contributory negligence has not occurred." stand part of the Bill—put; and the Committee Therefore, in the interests of fairness to the divided— injured worker and in the interests of saving AYES, 44—Baumann, Beanland, Borbidge, Connor, the 25 per cent which would otherwise be Cooper, Cunningham, Davidson, Elliott, FitzGerald, thieved from the injured worker, the judge Gamin, Gilmore, Goss J. N., Grice, Harper, Healy, would say that contributory negligence has not Hegarty, Hobbs, Horan, Johnson, Lester, Lingard, applied and he would grant the full award. Littleproud, McCauley, Malone, Mitchell, Perrett, Quinn, Radke, Rowell, Santoro, Sheldon, Simpson, In effect, if the discretion exists as the Slack, Stephan, Stoneman, Tanti, Turner, Veivers, Minister says, the operation of this clause will Warwick, Watson, Wilson, Woolmer Tellers: have quite the opposite effect to that which Springborg, Carroll the Minister intends. We on this side agree NOES, 44—Ardill, Barton, Beattie, Bird, Bligh, that contributory negligence is a factor that Braddy, Bredhauer, Briskey, Campbell, D'Arcy, should be considered and it is a factor that De Lacy, Dollin, Edmond, Elder, Foley, Fouras, should reduce an award, but only to the Gibbs, Goss W. K., Hamill, Hayward, Hollis, Lucas, appropriate amount. We do not see an McElligott, McGrady, Mackenroth, Milliner, Mulherin, arbitrary 25 per cent as being the appropriate Nunn, Nuttall, Palaszczuk, Pearce, Purcell, Roberts, 4974 WorkCover Queensland Bill 4 Dec 1996

Robertson, Rose, Schwarten, Smith, Spence, Clauses 384 to 398, as read, agreed to. Sullivan J. H., Welford, Wells, Woodgate Tellers: Clause 399— Livingstone, Sullivan T. B. The numbers being equal, the Chairman Mr BRADDY (12.49 a.m.): This is the cast his vote with the Ayes. first clause in Part 6, which is the Part which deals with converting Workers Compensation Resolved in the affirmative. staff from members of the Public Service to a Clauses 315 to 332, as read, agreed to. new statutory organisation. We in the Opposition wish to register our objection and Clause 333— protest to that provision. Subclause 399(3) Mr LUCAS (12.46 a.m.): One of my states— concerns about this clause was raised by a "The chief executive officer is to be number of my colleagues in the debate on appointed under this Act and not under clause 1. I refer to the Government's general the Public Service Act." philosophy behind this Bill's reference to WorkCover Queensland rather than the It is that particular provision to which we object. Workers Compensation Board. It is a bit like Therefore, I move the following amendment— the Federal Liberal/National coalition wanting "At page 225, lines 21 and 22— to remove full employment from the Reserve clause 399(3)— Bank charter. The prime focus of this Bill omit, insert— should be the protection of workers and compensation to injured workers. It is '(3) The chief executive officer is to extremely disappointing that in subclause be appointed under the Public Service Act 333(2) there is nothing about looking after the 1996.'." interests of injured workers. Sure there is The purpose of this amendment is that mention of that in the objects clause, but I the chief executive officer is to be appointed would have thought that in performing its under the Public Service Act. What we are functions WorkCover should pay heed to a about is very plain. We disagree with the fair, just and reasonable outcome for workers. conversion to a statutory organisation. Clause 333, as read, agreed to. Because we raise that point at this stage, I indicate now that I will not similarly raise it for Clauses 334 to 382, as read, agreed to. analogous situations in clauses 404 and 405, Clause 383— in relation to which our intention to raise this matter had been circulated. There was to be a Mr LUCAS (12.48 a.m.): Clause 383 is reference to people employed under the headed "Regard to particular ability in Public Service Act. The point is the same. The appointment of directors". I wish to contrast point we make is that they should remain, and this provision with what is contained in the we oppose the change. current Workers' Compensation Act. Workers' compensation in this State has been carried Mr SCHWARTEN: I rise on behalf of on in a tripartite manner since 1916. The my constituents. I note that today the current Workers' Compensation Act provides Minister—and I referred to this in the second- for two representatives of employers, two reading debate—said that the workers of this representatives of unions and also State are in agreement with the proposals that Government appointments and the chairman. he is putting before the Parliament today. The It has carried on in that benevolent tripartite fact of the matter is that I have received from fashion in the interests of the work force. Now the staff at the Rockhampton Workers there is no automatic guarantee that major Compensation Board district office a fax which stakeholders will be involved. It might be fine indicates that they in no small way oppose this to say that the Minister will consider them, but particular part of the Bill. They state that under I believe that in legislation such as this it is the legislation presently before the Parliament fundamental that the union movement and for the creation of WorkCover they, the current the union of employers' movement have full employees, would lose their Public Service faith and confidence in it. I have no problems status. At the present time, they do not have whatsoever with looking at the commercial any award or industrial agreement to ratify qualifications of a number of directors of future employment conditions or tenure. I think WorkCover. That is important. But it is also that is a very important point. Tonight the important to look at some sort of guarantee for Minister is thrusting these people into oblivion, the right of all of the different stakeholders to as it were—into an area where they will have participate in the process. no award coverage whatsoever. They have no idea what they are going into. I can well Clause 383, as read, agreed to. understand their concern. The member for 4 Dec 1996 WorkCover Queensland Bill 4975

Fitzroy, Mr Pearce, has similarly received this criticise the professionalism and the dedication plea from the workers at our office in of the people within the Workers' Rockhampton. Compensation Division. I say that for one very We in Rockhampton have had a lot of simple reason, and that is because it is true. I experience with corporatisation, and every say that in the context of the current debate time it occurs we lose services from because I believe that, in terms of workers' Rockhampton. That is another point that those compensation, we are embarking on a very people made. These workers believe, as exciting path. indeed do I, that that will result following the Mr Schwarten: I don't think it is exciting. passage of this Bill tonight. Therefore, I join Mr SANTORO: I can understand where with the shadow Minister in saying to the the honourable member is coming from. Minister that this particular clause of the legislation is simply not on as far as his own Mr Schwarten: Where they are coming workers are concerned. If he wants to have a from. vote of confidence from his own workers, the Mr SANTORO: Those people also wrote people whom he as Minister should be looking to me. I am about to come to the point of the after, he should desist from what he is about people from Rockhampton—in fact, all of the to do and accept the amendment that the staff. The one thing that I have always shadow Minister has moved. adopted with the staff in my division is I have The Minister has made a big noise about always spoken directly with them. I have made how he wants to protect workers' rights myself available to the people in generally. Well, let us look after some workers' Rockhampton and Gladstone. rights specifically, and they are the workers Ms Bligh: That would have been a big who are in the Minister's own department as thrill. we speak. Obviously, the level of consultation that has taken place has not been adequate. Mr SANTORO: I do not know if it is a These people do not know what their future big thrill, but they tell me—and the record will holds for them. They do not even know what not contradict this—that there has never been award provisions they will have. I think it is a a Minister who has travelled and spoken to as pretty poor effort. These people in many staff in his department as I have, Rockhampton deserve a little bit of respect particularly in the area of workers' from the Minister. I want to say here and now compensation. We meet with them and we that if there is any vindictive action by the address their concerns. I have been discussing very clearly and very directly with Minister or any of the officers in the Workers them their concerns in relation to the Kennedy Compensation Board against these people inquiry and the subsequent deliberations that who have brought their concerns to my took place from that point onwards. My view is attention, then look out. They have every right that they have approached the change that is to have their elected representative take up coming in a most—— their case here tonight, and I do so with a great deal of pride because as a member of Mr Elder: You didn't tell them this was Parliament I have been particularly well served coming, did you? by these people, to which the member for Mr SANTORO: No. It was a Kennedy Fitzroy and, I dare say, the member for Keppel recommendation. would be able to attest. The fact is we have a great deal of respect for these people. Mrs Edmond interjected. Anything that the Minister is doing here tonight Mr SANTORO: The honourable to undermine the confidence that those member should stop gibbering. It was a people have in their employment conditions Kennedy recommendation which the needs to be redressed right here and now, Government endorsed from day one. All the and if the Minister can redress that we would staff within the Workers' Compensation be very grateful. Division knew that we would be heading down Mr SANTORO: Right from the word go, the way we are heading tonight. Nobody let me put on the record of the Committee that sought to hide it from them. I discussed it during my six years as the shadow Minister for quite openly. In fact, the level of concern was this area of Government policy, and since in quite minimal. fact becoming the Minister, apart from the It is my view that the vast majority of the occasional bitter and twisted nut who is always people working within the Workers' dissatisfied with his or her dealings with the Compensation Division of my department will Workers Compensation Board—and they are be working for the new WorkCover authority at in the minority—I have never had anybody the end of three years. I say that because 4976 WorkCover Queensland Bill 4 Dec 1996 their professionalism, their skill and their assurance that I gave to all honourable commitment to a WorkCover system in members towards the conclusion of my Queensland is something that will be second-reading speech, that is, that should— enduring, and they are the skills, and I use the word "should" very advisedly— professionalism and commitment that will in any redundancies occur at the end of the fact be needed by the new WorkCover three-year period, they will in fact be entitled to authority. I have absolute confidence in that all of the accumulated benefits that they have statement I am making. However, this accumulated as public servants. I make that Government has listened very, very carefully to point not to qualify any statement but purely to their concerns and I can inform the Chamber say that everything possible has been done that all staff from the board will transfer to for the good staff within the Workers' WorkCover on their existing employment Compensation Division of my department in conditions. In fact, they were in the process of terms of maintaining them as valuable finalising an agreement with the involvement employees within the public sector of of the SPSFQ, and that agreement has been Queensland. put on hold pending the passage of this Mr SCHWARTEN: I heard what the legislation this evening. Minister said, which was a load of nothing, There are no uncertainties. There are quite truthfully. It is no wonder that the 25 processes that are in place that seek to undo employees who took the trouble to write to me the uncertainty which some irresponsible and the member for Fitzroy today took that elements of the union movement are seeking action. Quite clearly, the grave concerns that to engender. I am not union-bashing. these people hold have not been stemmed by However, there have been some incredibly what the Minister has just said. In fact, once alarmist statements made such as those they get to read about that tomorrow when I suggesting the closure of regional offices. In a fax them his speech, they will probably have State such as Queensland, which is a growing more to worry about than they had before. As State, it is laughable to suggest that workers' for his remarks about scaremongering—I know compensation regional offices will be closed. I most of the people whose names are on this take this opportunity to remind honourable list. I do not believe they listen to members of their own track record in terms of scaremongering stories. They are genuinely closing down offices and facilities within rural concerned about their jobs. They genuinely and regional Queensland. That is not a pride themselves on the level of service that practice that this Government intends to they provide to the Rockhampton community. accept or endorse. They genuinely have the view that they will be The other point I would make is that all worse off as a result of this Bill being passed staff are to be transferred to equivalent by the Parliament. Nothing that the Minister positions in WorkCover. As I have said, the has said allays those fears as far as I am skills and experience of all staff will be required concerned. to ensure that the new organisation can As for the Minister's remark about operate successfully and efficiently. In addition travelling around the State talking to these to that, for a period of three years all people—if they understood what was going to transferred staff will be able to retain the occur, they certainly would not have been following Public Service entitlements: the writing to me today. appeal rights in relation to appointments to the Mr Santoro: Why do you always put Public Service; transfer arrangements applying workers down by saying that they don't in the Public Service at the time; and access understand? Why? Why do you do that? to the same redeployment arrangements, in other words, access to the Public Service Mr SCHWARTEN: I take the interjection redeployment pool and eligibility for placement and I am glad that it is on the record—— to a Public Service position. Of course, they Mr Santoro: You betcha! will be accountable to the board's directors, Mr SCHWARTEN: What did the which is as it should be, under the new Minister call me? management arrangements. I have the greatest confidence that the Mr Santoro: I said, "You betcha I put it staff will come to accept these changes and on the record." that they will in fact continue to be of Mr SCHWARTEN: I am glad, because tremendous service to the people of it will reinforce the view that the workers up Queensland and particularly to injured there have that the Minister is a goose and employees who will seek to avail themselves that he is about as trustworthy as a snake in a of the services of WorkCover. I reiterate the fowl house. The truth of the matter is—— 4 Dec 1996 WorkCover Queensland Bill 4977

Mr Santoro: Maybe I should have compensation organisation. It is a testament called you one of those names. to the current management and employees of Mr SCHWARTEN: The Minister can call the board that they have such administrative me whatever he likes, but he will not deter me efficiencies, and I know from personal from standing up for these workers whom he is experience that that is because many of the trying to belittle here tonight. I am not for one officers concerned have worked very hard over moment suggesting that these people do not the last decade, systematically using the have the mental capacity to understand. They wage-fixing systems that were available to are very, very good operators, and they would them at the time, to achieve efficiencies and put the Minister to shame any day of the to pursue excellence in the work that they do. week—or those advisers that he has sitting in Their efforts have paid off and they are one of the monkey seats over there. the most efficient workers' compensation organisations in this country. So the Minister The fact of the matter is this: these would be on very rocky ground if he tried to people are workers; these workers are argue that the new statutory authority needed concerned; they have conveyed their concerns increased flexibility to pursue greater to me as their representative; the Minister has efficiencies. not allayed their fears. It is little wonder that those workers have the contempt that they Even if the Minister did try to argue that, it have for the Minister. He thinks that he has begs the question: what possible flexibilities been around the State big-noting himself. could the Minister be seeking that he could Every Minister that we ever had has visited not already get under the new Public Service that workers' compensation office in Act? As was demonstrated when the Public Rockhampton and sat down and talked with Service Act was debated at length in this those people. Indeed, I believe they had Chamber, the new Act provides extensive some faith in those people because they knew flexibilities to the Government which did not that they would not have got up to the grubby exist in the previous legislation covering the little deal that the Minister is putting forward public sector. As I said, it begs the question: here tonight. what flexibilities could the Minister be seeking which are not already available under the new The Minister need not worry: I will make and extended powers of the Public Service sure that every single one of those people Act? Those questions, unanswered as they knows exactly what he had to say here are, are the basis for the fears that many tonight. If he thinks that his arrogance will go employees of the organisation have unnoticed in my electorate, he is mistaken. He expressed to members of this place. had the opportunity to set the record straight tonight, and I will belt him every inch of the Having expressed those fears, what way around my electorate as a result of what happens? The very genuine efforts of he said tonight because he has given those employees to raise legitimate concerns with people no guarantee whatsoever; in fact, he the people who represent them in this place has given them more to be frightened of than have been vilified by the Minister. The they ever had before. member for Rockhampton, the member for Ms BLIGH: What we have completely Cleveland, me, the member for Kedron and failed to hear from the Minister in this debate others who have raised these concerns over so far is any rationale whatsoever for his—— and over again have had accusations thrown across the Chamber that we are Mr J. H. Sullivan: Don't qualify it—"any scaremongering. I remind the Minister that rationale whatsoever" will do! when members of this Opposition raised many Ms BLIGH: We have heard no rationale genuine concerns about the Public Service Act for his intention to move these employees out the Premier said over and over again that we of the Public Service. Generally speaking, were scaremongering, we were politically when Governments seek to move public motivated, we were ill-informed and we did not sector functions or employees out of the know what we were talking about. I remind the Public Service they use the rationale that they Minister that the Premier was forced to eat are looking for more flexibility, that they are those words, and I predict that the Minister will looking for the flexibility to create efficiencies. be forced to eat the words that he has been The Minister has not used that argument and I flinging across the Chamber tonight. am not surprised, because in fact the Workers Mr Schwarten: Garnished with the Compensation Board of Queensland enjoys sauce of his embarrassment. the enviable reputation amongst almost every other State in Australia of having one of the Ms BLIGH: I thank the member for lowest running costs of any workers' Rockhampton for his interjection. 4978 WorkCover Queensland Bill 4 Dec 1996

For example, the Minister has said that it Minister is suggesting for Queensland is an absolute furphy and unnecessary workplace agreements in his industrial scaremongering to claim that there might be relations legislation that is currently before the any danger to the operation of regional offices Parliament. Anybody reading that would have and that staff have nothing to fear. This is the a legitimate reason to be concerned and to be Minister who has sacked staff in the alarmed. employment programs in every regional office In the absence of any rationale and in the in this State. The Minister may not realise it, presence of the many fears that have been but those staff worked side by side in many raised, I urge the Minister to reconsider his regional offices with officers of the Workers position and support the amendment that is Compensation Board. So officers of the before the Parliament. Workers Compensation Board saw their colleagues get a redundancy notice out of the Amendment negatived. blue and saw the programs in which they were Clause 399, as read, agreed to. employed wiped out by a single Budget decision. For all of the platitudes that had Clauses 400 to 405, as read, agreed to. been mouthed by this Government when it Clause 406— came into office, they saw their colleagues Mr BRADDY (1.12 a.m.) The lose their jobs overnight. No wonder they are amendment that we move to this clause is worried! Is it any wonder that they are not again an attempt by the Opposition to ensure calmed, that they are not pacified by the that the public servants who will be transferred Minister's platitudes? to this new statutory organisation are dealt I think that the fears that they have are with fairly. It is apparent from the legislation very justified. When they see the other and from what those employees have been statutory authorities being created by the told by the Government that new conditions mega bank and the job losses that will happen will apply and that there is no guarantee that there, it is no wonder that they have concerns. the public servants who will go across to Those concerns are genuine, and the Minister WorkCover as a statutory organisation will be should be making every effort when he gets treated as public servants. The Opposition has up on his feet to at least put some kind of therefore suggested that this particular clause heart into the tone of his replies on this issue be removed. If we were to succeed in that, we rather than vilifying the members who are would then seek to provide the following raising the concerns on behalf of those amended clause 406— people. "If the employment conditions of a I would like to draw the attention of the WorkCover employee are subject to an Committee not only to this clause but also to applicable industrial instrument, the the combined effect that it will have when it industrial instrument must provide salaries operates in conjunction with clause 539. and employment conditions as provided Clause 539 relates to the transfer provisions by the industrial instrument that and it is these provisions to which the Minister determines salaries and employment turns every time he tries to justify his desire to conditions for officers of the Public Service remove the Public Service rights of the employed under the Public Service Act employees of the Workers Compensation 1996." Board. The first part of clause 539 provides The Opposition has no confidence that that the conditions of the employees will be the salaries and conditions, including preserved upon transfer. superannuation, to which original section 406 Further on, in clause 540, certain applied, offered to the employees in these conditions are preserved for three years. There situations will be as good as and equivalent to is in fact a passage in the middle there, and the salaries and employment conditions for the Minister continually and conveniently officers of the Public Service. We do not have jumps over it. That passage states that that trust and we therefore wish to place this individuals' conditions will only be preserved amended clause in the Bill in order to protect until an employment contract between the the people about whom the Minister has been person and WorkCover is made or an very lyrical. The Opposition certainly agrees industrial agreement or by WorkCover, subject strongly that those employees have rendered to any applicable industrial instrument. There good service over a long period in a very is nothing in that clause which would give professional way. anybody any comfort. That clause provides for no minimum employment conditions. It Clause 406, as read, agreed to. provides not even the bare minimum that the Clauses 407 to 488, as read, agreed to. 4 Dec 1996 WorkCover Queensland Bill 4979

Clause 489— At page 273, line 28, '7 days'— Mr SANTORO (1.15 a.m.): I move the omit, insert— following amendment— '14 days'." "At page 266, line 8, '7 days'— Amendment No. 3 extends the time from omit, insert— 7 to 28 days for a worker to ask for reasons for '14 days'." a decision regarding his or her claim if no This amendment increases the time that reason was originally given. In most cases the WorkCover has to notify an employer of the reason must have been given in the first review decision. Some concerns were raised instance, as this is a requirement under judicial with me earlier on in the evening—in fact, review. Amendment No. 4 extends the time yesterday—in relation to the shortness of that that WorkCover has to notify the worker that time and the Government has agreed to in an application for review has been received. fact extend various times for notification of Amendments agreed to. appeals and reviews not only in this Clause 505, as amended, agreed to. amendment but also in subsequent amendments. Clause 506— Amendment agreed to. Mr SANTORO (1.19 a.m.): I move the Clause 489, as amended, agreed to. following amendment— Clauses 490 to 503, as read, agreed to. "At page 274, line 17, '7 days'— Clause 504— omit, insert— Mr BRADDY (1.16 a.m.): The '14 days'." Opposition finds it somewhat extraordinary This amendment also extends the time that under this particular clause, an employer for WorkCover to notify of reasons for a review is given the power to apply to have a decision decision. reviewed in the internal review process and, Amendment agreed to. similarly, that applies in some following clauses in the Bill. I refer particularly to 504(4), which Clause 506, as amended, agreed to. currently states— Clause 507— "A claimant, worker or an employer Mr BRADDY (1.19 a.m.): This clause aggrieved by the decision may apply for relates to the proper process that we believe the decision to be reviewed." should apply in relation to reviews and It seems to us that natural justice requires that hearings by industrial magistrates. It is in those a claimant or a worker who is aggrieved may circumstances that I move the following apply for a decision. We are talking here about amendment— compensation and the decision to allow or "At page 274, lines 22 and 23, reject an application for compensation and '(other than a review decision made about entitlements and so forth. It does not seem to a decision under section 158)'— us to be appropriate that the employer should omit." be given this particular power to call for a review. It is therefore in these circumstances Amendment negatived. that I move the following amendment— Clause 507, as read, agreed to. "At page 273, lines 6 and 7—clause Clause 508, as read, agreed to. 504(4)— Clause 509— omit, insert— Mr SANTORO (1.20 a.m.): I move the '(4) A claimant or worker aggrieved by following amendments— the decision may apply for the decision to be reviewed.'." "At page 275, line 16, '7 days'— Amendment negatived. omit, insert— Clause 504, as read, agreed to. '28 days'. Clause 505— At page 275, line 23, '7 days'— Mr SANTORO (1.18 a.m.): I move the omit, insert— following amendments— '14 days'." "At page 273, line 16, '7 days'— These amendments extend the time for a omit, insert— person to request the reasons for a decision '28 days'. regarding a review if the reasons have not 4980 Adjournment 4 Dec 1996 already been given. They also extend the time '551.(1) This section applies if a for WorkCover to notify the person that an worker sustains an injury before the repeal application for a hearing has been received. of the repealed Act. Amendments agreed to. '(2) The repealed Act applies in Clause 509, as amended, agreed to. relation to the injury as if the repealed Act had not been repealed.'. Clauses 510 to 537, as read, agreed to. At page 296, line 10, 'the former Clause 538— Act'— Mr BRADDY (1.21 a.m.): I will indicate at omit, insert— the outset that this is the last matter that the Opposition wishes to raise and it relates to 'a former Act'." clauses 538 and 539. In raising this particular Amendment No. 8 clarifies that the matter and in dividing as we will, Opposition WorkCover Queensland Bill applies only to members wish to make it clear that we are injuries sustained after the proclamation of the fundamentally opposed as a matter of Act. Amendment No. 9 clarifies that injuries principle to the transfer of staff to WorkCover. occurring prior to the proclamation date will be As honourable members will see, those are dealt with under the Act relevant at the time of the operative clauses in relation to the matter. the injury. To reinforce that, we oppose this provision and Amendments agreed to. we believe that the staff should remain as officers in the Public Service in the Division of Heading and clause 551, as amended, Workers' Compensation in the Department of agreed to. Training and Industrial Relations. We indicate Clauses 552 to 558, as read, agreed to. our opposition to it. We indicate that we will Schedules 1 to 3, as read, agreed to. divide the Committee. Mrs BIRD: I rise to a point of order. Mr Question—That clause 538, as read, Chairman, I draw your attention to the stand part of the Bill—put; and the Committee condition of some of the members on the divided— Government side of the Chamber. AYES, 44—Baumann, Beanland, Borbidge, Connor, The CHAIRMAN: There is no point of Cooper, Cunningham, Davidson, Elliott, FitzGerald, Gamin, Gilmore, Goss J. N., Grice, Harper, Healy, order. Hegarty, Hobbs, Horan, Johnson, Lester, Lingard, Bill reported, with amendments. Littleproud, McCauley, Malone, Mitchell, Perrett, Quinn, Radke, Rowell, Santoro, Sheldon, Simpson, Slack, Stephan, Stoneman, Tanti, Turner, Veivers, Third Reading Warwick, Watson, Wilson, Woolmer Tellers: Bill, on motion of Mr Santoro, by leave, Springborg, Carroll read a third time. NOES, 44—Ardill, Barton, Beattie, Bird, Bligh, Braddy, Bredhauer, Briskey, Campbell, D’Arcy, De Lacy, Dollin, Edmond, Elder, Foley, Fouras, ADJOURNMENT Gibbs, Goss W. K., Hamill, Hayward, Hollis, Lucas, McElligott, McGrady, Mackenroth, Milliner, Mulherin, Mr FITZGERALD (Lockyer—Leader of Nunn, Nuttall, Palaszczuk, Pearce, Purcell, Roberts, Government Business) (1.31 a.m.): I move— Robertson, Rose, Schwarten, Smith, Spence, "That the House do now adjourn." Sullivan J. H., Welford, Wells, Woodgate Tellers: Livingstone, Sullivan T. B. The numbers being equal, the Chairman Western Suburbs CYSS cast his vote with the Ayes. Hon. J. FOURAS (Ashgrove) Resolved in the affirmative. (1.32 a.m.): Over the past seven years I have been President of the Enoggera Skillshare Clauses 539 to 550, as read, agreed to. program. I have been privileged to work with Clause 551— the local management committee of 11 Mr SANTORO (1.28 a.m.): I move the community members who have volunteered following amendments— their diverse skills and have shown keen enthusiasm to supervise arguably Brisbane's "At page 296, lines 1 to 8— best Skillshare program. omit, insert— However, there are no volunteers in the 'PART 4—INJURY BEFORE REPEAL OF management committee of the Western REPEALED ACT Suburbs CYSS—another Skillshare program. 'Injury under repealed or other former Act Western Suburbs CYSS is supposedly a 4 Dec 1996 Adjournment 4981 community-based, non-profit organisation. original association required a quorum of the Three years ago, Western Suburbs CYSS held executive times two plus one. That meant that public meetings and had a local management it required nine members to change the rules. committee of nine people. Today, it has only That was not achieved at the meetings to six members and four of those members are determine the change in the association representatives on the management rules—another set of rules broken. committee. It does not conduct public The decisions of the March and May meetings and there has been no attempt by 1996 meetings which, among other matters, the present committee to rectify this untenable passed the board fees did not meet the position. When it comes to elections, the only requirements of the association rules and people who are given the nomination forms consequently these decisions are not valid are those on the committee. and cannot be implemented. On 2 August A recently amended constitution excludes 1996, the manager, as the chief executive new members and gives the present officer, wrote to the committee to rectify the incumbents veto over any increase in problem of lack of membership suggesting two membership. Why is that? Under the new major players who are supporters of the constitution, payments are authorised. organisation, Mr T. Owens of the Baptist Union However, that must be passed at a general and Mr A. Hadden of Wesley Central Mission. meeting. The following amounts have been They were refused membership. A written allowed for this year: president, $12,000; vice- response to the manager stated in part— president, $5,000; treasurer, $5,000; and "Our brief is not to conduct our affairs secretary, $5,000. This has not been in the interests of the community." authorised by a general meeting and it is a breach of the law. What a joke! The manager stated to me that it became very clear to him that the present We also have a conflict of interest in that executive had little interest in being the members of the present committee, who accountable under the Associations must now believe that they are entitled to Incorporation Act and the Charitable Funds board fees, should not be able to charge fees Act 1958. The manager further stated— to provide a service to the Western Suburbs "This approach has possible CYSS. For example, the treasurer has ramifications about the status of the charged $100 per hour for services rendered. Recently, he put in a bill for doing the books organisation under the Income Tax for $1,500 for 15 hours' work. The chairman Assessment Act, the Sales Tax expects to sell clothing and uniforms to the (Exemptions and Classifications) Act and staff and the vice-president has charged fees the Bank Account Debits Tax Act." for staff recruitment. I believe that that is Over the past two years, the Western against corporate law. When he raised Suburbs CYSS has received over $400,000 of concerns about the legality of the board fees funds from the Queensland Government for and charges the manager was summarily training workers. Surely somebody should sacked. That was the final straw for the investigate this matter. However, the manager who had, over the past three years, interesting thing is that one of the six attempted unsuccessfully to get members members of that committee is Denver from business and the education community Beanland, the Attorney-General of this State. to join the membership of that Skillshare One would think that the Attorney-General of program. this State would make sure that these people did not charge fees for providing services and The recent activities of the Western operated under the terms of the Associations Suburbs CYSS breaches the Associations Incorporation Act. The Attorney-General is like Incorporation Act. Western Suburbs CYSS is Pontius Pilate; he has washed his hands of not eligible for incorporation and has to be the matter and has allowed a very good conducting its affairs in a legal manner if it is manager to be sacked. He has sat back while providing financial gain for its members. An this particular Skillshare program is breaking all association is not eligible for incorporation the rules in the book. I think that Mr Beanland under the Associations Incorporation Act if it should be accountable to the community that has a membership of fewer than seven he represents. He should have the interests of members. As I said before, the Western that community at heart and make sure that Suburbs CYSS has six. we do not have a Skillshare program that pays As I stated earlier, the Western Suburbs its management committee and allows it to CYSS has only six members and has been charge for providing services. My committee vetoing any other people from joining. The has never, ever done that. I think that is 4982 Adjournment 4 Dec 1996 ludicrous. I am not aware of any Skillshare The export potential of the research program that allows that situation to occur; conducted by the cyclone testing station has however, this program has received $400,000 been recognised by this Government as there from the State Government. is no comparable facility available anywhere else in the world. There is a growing demand from our Asian neighbours for such technology Cyclone Research and research exports. Mr MITCHELL (Charters Towers) The university's centre for disaster studies (1.37 a.m.): There is no doubt that this received $20,000 and also a three-year Government is completely committed to the funding commitment. The centre conducts improvement of all forms of emergency service research into storm surge vulnerability and delivery throughout the State. In line with this response options in Cairns. Such research has commitment to improved emergency service established methodologies for and identified delivery, I am pleased to advise the House major impediments to evaluation by road, that three research projects being carried out critical community attitudes and issues, in Townsville have been recognised by the suitability criteria for and locations of Government for their importance to the evacuation shelters, and applications for using improvement of emergency service delivery. census data for risk assessment. A further Last Monday, the Minister for Emergency $10,000 in funding has been provided to the Services, the Honourable Mick Veivers, centre for general flood and storm surge provided $60,000 in funding to these three research, with a commitment to continued important research projects in Townsville. funding for five years. Research in this These three projects being conducted are particular area has facilitated the development important owing to the fact that all three are of linkages between researchers and clients, involved in cyclone research. Cheques were particularly local government, identified provided by the Minister to the James Cook relationships between existing and future University cyclone testing station and the projects, and identified new avenues for Centre for Disaster Studies, with additional investigation. funding to the disaster centre for general flood It will be through pro-active initiatives by and storm surge research. the Government and the promotion of There is no greater destructive force in research of this kind that we will be more nature than cyclones, and we all know that the prepared for any cyclone disaster situations north is prone to these unmerciful forces of which may threaten the State, and at the nature. Adequate planning for any cyclone same time we will create the opportunity for a situation requires all the data that can be growing export market. There is no doubt that possibly obtained on the likely effects. There is if the work of the centres was restricted no doubt that, with all the available data and Queensland's cyclone-prone north would be research, lives will be saved. not as well prepared to cope with the effects of The JCU cyclone structural testing station the impact of any cyclones. received $30,000 and a commitment to The Government is serious not only about continued funding for three years. This funding being able to respond to disasters such as is in addition to $50,000 funding provided by cyclones and severe storm surges with our the Premier, Rob Borbidge, and the Minister emergency services, but also about better for Public Works and Housing, the Honourable preparing communities to cope with such Ray Connor. The State Government funding disasters. For the last time this year, I fills the gap that has been left by the Federal congratulate the Honourable Ministers for Government decision to withdraw funding. The providing the funding and continued role of the testing centre is to provide safer commitment to funding to ensure the supply low-rise building designs for communities of information on how to better prepare for affected by tropical cyclones. The Government cyclones and other disasters. funding will provide vital research into wind risk to housing in Townsville and Thuringowa. Research in this area has provided valuable Use of Credit Cards information, with the establishment of a Mr PEARCE (Fitzroy) (1.42 a.m.): I take substantial database of the housing stock of this opportunity to draw the attention of the the area, and facilitated the analysis and House to a matter which should be of concern identification of problem areas. Most to every Queenslander who regularly uses a importantly, the research has provided a base Visa card, Bankcard or Mastercard. In for the development of a computer model to explaining this issue, it may be of assistance if estimate damage from incoming cyclones. I highlight the case of a constituent of mine 4 Dec 1996 Adjournment 4983 who brought the matter to my attention in the of time if the transaction record is not first place. presented. This procedure is obviously used Earlier this year, the constituent in by motels to cover instances where guests question attended a wedding in a central depart without paying. In the case of my Queensland town and booked into a room at constituent, she presented a Credit Union a local motel. On her arrival, she was asked Australia Visa card, which is a debit card rather how she wished to pay for her account and than a credit card and is linked to the she advised that she would pay by Visa card. consumer's savings account. Obviously, An imprint of her card was taken on the problems arose due to the amount the motel understanding that, should she leave without determined to put on hold which led to the settling her account, the imprinted slip would hardship experienced by my constituent. be submitted for payment. On her departure The Minister has advised me that, at the the following morning, my constituent visited present time, there is no legislation to prevent reception and signed for her bill—a total such usage and it is not seen by merchants as amount of $66. being fraudulent as the money is put on hold The next week, during attempts to rather than being taken from the consumer's withdraw money from her personal account, account. While both the existing and proposed she was advised that she had a balance of credit legislation regulates continuing credit only $30 left in the account. I am informed contracts such as credit cards, the practice of that my constituent had budgeted for the cost the freezing of funds is not covered by the of her stay at the motel and therefore had no legislation. As a consequence, there is no idea where the remaining funds had gone. As obligation on a credit provider to inform a a single mother, this left her with only $30 with cardholder of such a practice. which to support herself and her child for a I have no doubt that most motel week. operators are genuine, hardworking people Upon investigating further, my constituent who use this practice in a responsible manner was surprised to learn that the motel where to cover themselves in the event of a she had stayed had frozen $200 of her funds customer skipping town before paying the bill. in order to cover itself in the event that she left Motel operators need to cover themselves the town without settling her account. She was against such losses, and I respect that right. also advised that it was apparently standard However, I am concerned about the fact procedure in the motel industry for motels to that, because most consumers do not appear hold a freeze over funds in customers' to be aware of this practice, they do not have accounts for a period of up to 10 days. the necessary information to make an Following many phone calls from my informed decision as to how they wish to pay constituent and her distressed parents, the for their accommodation. Looking again at the motel manager was finally forced to contact case of my constituent, a young single mother my constituent's banking institution to have with limited funds, she had budgeted to these funds released. ensure that she had enough money to cover the cost of her accommodation. However, had Upon learning of this incident, I was deeply concerned as to whether, in fact, this she been aware of the motel's practice in was a legitimate practice within the motel freezing an amount of up to $200, I am industry and, if so, whether or not consumers certain she would have chosen to pay her are aware of such a practice. My inquiries account in cash, thus saving her the distress through the Office of Consumer Affairs and and embarrassment which this incident the Department of the Attorney-General and caused. I trust that by raising this matter in the Minister for Justice have revealed that this is, House, I will at least give Queensland indeed, a common practice within the consumers the opportunity to make an accommodation industry. informed decision next time they check into a motel. In the motel industry, an operator apparently estimates an amount which it believes will cover the cost of accommodation Mrs C. Bashford; Kampman Family and other services. A call is then made to the Mrs CUNNINGHAM (Gladstone) Merchant Authorisation Centre which records (1.46 a.m.): Initially, I would like to clarify a the amount and advises the cardholder's matter that I raised during the debate on the financial institution. A hold is then placed on Transport (Gladstone East End To Harbour those funds until such time as the actual Corridor) Bill 1996. During the debate, I made transaction record is presented. The hold reference to two property owners affected automatically lapses after a nominated period directly by the Bill, Mrs McInally and Mrs 4984 Adjournment 4 Dec 1996

Bashford. In my contribution to the debate, I spend this special time with a loved one in stated that both women had been hospital or, indeed, if they themselves are in approached by the Minister for purchase. hospital, I take this opportunity to pass on the However, Mrs Bashford's representative, Mr thoughts and prayers of the House as we Hos Bardell, has subsequently rung me and celebrate such a blessed and holy time. stated that neither Mrs Bashford nor he had Again, my special thoughts go to the been approached formally for that purpose. I Kampman family. May they be able to apologise for my error in that matter. manage their grief and may the family be I also take this opportunity to pay tribute strengthened together. to a family from my electorate who have faced a great deal of sadness during the past 12 months. By bringing this family forward, I Mr T. Kellner; Senior Citizens, Mount acknowledge that many families throughout Isa Electorate Queensland have also experienced intense Hon. T. McGRADY (Mount Isa) sadness or personal tragedy. (1.50 a.m.): I have been approached by a Mr and Mrs Kampman senior live just number of Aboriginal people expressing their down the road from me, as did Lou and Jan. concerns about the activities of an Almost 12 months ago to the day, Mr and Mrs organisation and individuals within that Kampman senior had the pleasure of having organisation who they believe are ripping off their daughter-in-law and grandchildren stay members of Aboriginal groups around with them for Christmas. Their son remained Queensland. I refer in particular to a group overseas to join them later. After only a short known as the National Indigenous Advisory time, the Kampman's house was engulfed by Group Aboriginal Corporation, which is an fire. Mr and Mrs Kampman managed to organisation which purports to organise escape and were endeavouring to assist the seminars, workshops and training sessions for children out of the home with their mother's Aboriginal people and in particular those help. Sadly, they could not escape. Along with people from organisations who aspire to their son and their other children, Mr and Mrs become directors or hold other executive Kampman were left to cope with the grief of positions within Aboriginal organisations. The losing their daughter-in-law and the children. person who appears to be the leading light in this activity is a Mr Thomas Kellner, who was a The funeral was a tragedy, seeing the tiny consultant with the National Indigenous caskets resting in the chapel alongside that of Aboriginal Group. the children's mum. The whole community of Calliope and Gladstone grieved for the family. Following my inquiries with various people Mr and Mrs Kampman senior subsequently in Canberra and Sydney, I understand that the sold their property and moved south, away National Indigenous Advisory Group and Mr from such sad memories. Kellner have gone into liquidation and that Mr Kellner was previously engaged as a The family now has to cope with the consultant with Koori Wholesale Supplies, death of another family member, this time which purported to assist Aboriginal people in after the complications of a stroke. Jan was the Northern Territory. One of my constituents only 50 years old. I pass on to Lou, her who is very much involved in Aboriginal affairs husband, sincere sympathies in this sadness has brought to my attention the fact that Mr almost 12 months to the day. Tom Kellner has resurrected himself and is I again acknowledge that each member now trading with an organisation known as Far could possibly relay similar sadness. However, North Communications Pty Ltd. This I raise this matter tonight as we are preparing organisation is again offering workshops, for the Christmas recess, to assure people in seminars and training sessions to Aboriginal our community that our thoughts are with groups. them during this time. Some members in the The activities of this gentleman and his House are facing their own difficult times as involvement in Far North Communications Pty they support and encourage loved ones Ltd would have gone unnoticed except for his during illness. I am sure all here wish a speedy failure to change his post office box number, recovery to those who are sick and the happy which is post office box 2389, Cairns, north Christmas gift of recovery. Queensland, which just happens to be the I also record our thoughts for all families same post office box number for Far North across the State as they plan to meet together Communications Pty Ltd. All of the information for the Christmas period. I wish each one which I have gathered from Government safety as they travel and a warm and happy sources indicates that this gentleman is time together as families. To those who will involved in a sham, that he is making a 4 Dec 1996 Adjournment 4985 lucrative living off the backs of Aboriginal hundreds of dollars on their fruit to protect their people. I warn the Parliament tonight, and crops from further disaster. The papaya fruit fly through the Parliament hopefully the people of is a major threat to horticulture not only in Queensland, that they should have no north Queensland but in the whole of dealings whatsoever with any organisation with Australia. The Queensland Government is which Mr Tom Kellner has any association. I committed to the eradication of the papaya commend the Aboriginal people for bringing fruit fly, and has secured Commonwealth/State this matter to my attention so that I can warn cost-sharing arrangements to partly provide the people of Queensland about this obviously the necessary funding. shonky gentleman. The total cost of the eradication program Many organisations around our State rely this year is expected to be $12m. on volunteers to assist them. All too often we Queensland's share of this funding is $1.8m in accept these services without giving much 1996-97. The Queensland Government has attention or thought to who runs them. I refer also provided an additional $1.2m to assist to Meals on Wheels, the Blue Nurses, the growers by waiving fees for the departmental Endeavour Foundation, the Skillshare group inspections required to comply with the apprenticeship schemes, P & C committees, quarantine protocols of their fruit. A further guides, scouts and many, many more. One of $3.4m has been provided to establish a the great initiatives of the Goss Labor research and operational headquarters for the Government was the establishment of the papaya fruit fly campaign in Cairns. HOME Assist/HOME Secure scheme. Again, volunteers are relied on to run the committee My colleague the Minister for Primary and to ensure that the scheme works. Industries, Mr Trevor Perrett, advises me that occupancy of this major facility is expected in In my home City of Mount Isa, we have August 1997, which will significantly boost our had a local board which has been working capacity to manage the fly. A major part of this long and hard to ensure that this organisation facility will be devoted to post-harvest delivers a service to senior citizens. Since the disinfestation research, which directly benefits change of Government, they have been living industry by developing market access from month to month not knowing whether the protocols for fruit fly host produce. The organisation will be funded. I understand that eradication campaign is proceeding well and the Minister requested the Community papaya fruit fly numbers have been greatly Housing Grants Board to make reduced. Only three male lure traps in the recommendations to him regarding the future whole of the pest quarantine area were funding for this body, and I further understand positive for the papaya fruit fly in the last week that this body recommended that the of November. organisation in Mount Isa be funded until the end of the 1997 financial year. However, the An intensive fruit collection program is Minister has now decreed that funding will being used to supplement trapping, since apply until only February 1997. rearing fruit flies from fruit is now providing a more reliable method of detecting the fly. Over I ask the Minister: can he understand the 500 samples are being taken weekly in this frustration which members of this committee program and, in the last week of November, and members of the community feel when a only eight samples were positive for papaya body is set up to make recommendations and fruit fly. Seven samples were positive in the the Minister does not accept the week before. But we cannot rest on our recommendations which the committee comes laurels. The hot months are starting and only forward with? This again highlights to me the time will tell. The decline in papaya fruit fly lack of real concern by this Government for numbers in traps and fruit samples community organisations and for senior demonstrates the success of the extensive citizens. I certainly hope that the Minister in blocking and protein bait spraying operations question could give my local group an being carried out in the pest quarantine area. assurance that funding will continue to enable National and international scientists have these volunteers to provide the service which congratulated the project team on the success is required and needed in my City of Mount to date. Isa. However, the fruiting season has now started again in earnest, and vigilance must Papaya Fruit Fly be maintained in respect of increased levels Mrs WILSON (Mulgrave) (1.54 a.m.): over the summer months. This year's mango For many months now, horticulture farmers crop promises to be a bumper one, and have been under threat and have spent many backyard and wild trees may provide a 4986 Adjournment 4 Dec 1996 breeding haven for the papaya fruit fly. Such of quarantine treatments for fruit. Banana trees have been targeted in a concerted bait- growers are among the leaders in adopting spraying exercise in an effort to limit breeding. certification assurance. Despite early and Cooperation is being sought from property some continuing problems, I am advised that owners by clearing away fallen fruit which may more than 75 per cent of growers have otherwise provide a breeding source for the adopted certification assurance, which is an papaya fruit fly and other fruit flies. excellent example for other industries to follow. The banana industry is a good example Certification assurance is ideally suited to of how the industry has supported the efforts larger growers and for crops which produce for of the department through the papaya fruit fly most of the year, such as bananas and campaign. The "hard, green" protocol for pawpaws. In these circumstances, the volume cavendish bananas negotiated between the of produce being handled warrants the industry and the DPI is an excellent example necessary investment in establishing and of the way in which the impact of the pest on documenting certification assurance systems industry and reliance on chemical treatments and training staff in its operation. However, I can be reduced. My colleague Marc Rowell, am advised that DPI will maintain inspection the member for Hinchinbrook, has been services for smaller and/or seasonal growers working with me and the banana industry in where inspection of produce provides a more negotiating with the department for further economic alternative than certification research work to be done to extend the "hard, assurance. green" protocol to lady finger bananas. Another development in the campaign Growers of lady finger bananas have been against the papaya fruit fly is the appointment very keen for research to take place. of consultants to develop initial plans and We have also been able to organise with costings for a sterile insect facility for the the department for the monitoring of fruit flies papaya fruit fly, just in case this additional to be carried out on a number of lychee weapon is needed to finally eradicate this growers' properties in the southern part of the pest. The release of sterile papaya fruit flies is quarantine area to establish area freedom for an environmentally friendly technique that those properties. However, the majority of could be used if it became necessary to lychee growers in the quarantine area are still control the papaya fruit fly in the World required to dip fruit prior to shipment. Heritage areas. However, current evidence Honourable members can see how important from over 7,500 rainforest fruit samples is that it is to maintain a campaign to eradicate this the control program to date has prevented the pest. papaya fruit fly from establishing in rainforest A key development to assist growers has and other environmentally sensitive areas. been the introduction of certification assurance The House adjourned at 2 a.m. as an alternative to departmental supervision (Thursday).