12 Apr 2000 Legislative Assembly 739

WEDNESDAY, 12 APRIL 2000 PAPERS MINISTERIAL RESPONSES TO PETITIONS The following responses to petitions were tabled by The Clerk— Mr SPEAKER (Hon. R. K. Hollis, Redcliffe) Response from the Acting Premier (Mr Hamill) read prayers and took the chair at 9.30 a.m. to a petition presented by Mr Beanland from 199 petitioners, regarding issues raised by PETITIONS landowners of the Southern Moreton Bay Islands— The Clerk announced the receipt of the Thank you for your letter of 25 November following petitions— 1999, in relation to the petition received by the Parliament from Ms Lynn Paul on Robina, Pedestrian Crossing behalf of the landowners of the Southern Moreton Bay Islands, which was lodged From Mr Connor (2,246 petitioners) with you by Mr Denver Beanland, MLA, requesting the House to prevail upon the Member for Indooroopilly. Minister for Transport and Main Roads, the I have attached a copy of my response to Honourable Steve Bredhauer, to undertake Ms Paul. It would be appreciated if you the construction of a safe pedestrian access would arrange for this response to be across the Pacific Highway at the roundabouts tabled on my behalf. at Mudgeeraba Advancetown Road and Dear Ms Paul Robina Connection Road and at Somerset I refer to your petition lodged with the Road and Robina Parkway. Clerk of the Parliament on 24 November 1999 by Mr Denver Beanland MLA, Member for Indooroopilly, on behalf of the Ambrose State School landowners of the Southern Moreton Bay From Mrs Liz Cunningham (299 Islands. petitioners) requesting the House to reinstate As you may be aware, the Criminal Justice our third teacher at Ambrose State School on Commission (the Commission) was our present enrolment numbers forthwith. considering complaints pertaining to the issues raised in your correspondence. Until the Commission completed its Vegetation Management Legislation consideration, it was not appropriate for From Mr Hobbs (403 petitioners) me to comment on the matters you have requesting the House to rescind the raised. I have been advised this week that the Commission does not intend to Vegetation Management Bill 1999 conduct an investigation into the matters. immediately. You have raised two key issues in your petition, being the devaluation of land on Koumala State School the Southern Moreton Bay Islands and the Southern Moreton Bay Islands Planning From Mr Malone (129 petitioners) and Land Use Study which I will address requesting the House to return the teacher in turn. transferred from Koumala State School as a Rezoning and Valuations result of the 8-day enrolment policy. I understand that no rezoning or reclassification of land use status has been Teachers undertaken by the Redland Shire Council in respect of freehold properties on the From Mr Mitchell (107 petitioners) Southern Moreton Bay Islands in requesting the House to allow flexibility of response to the draft strategy district managers to retain teachers when recommendations. If the Redland Shire student numbers fall short of Education Council amends its planning scheme to Department quotas. reflect the recommendations of the draft strategy, existing development rights for residential land apply and land remains Life Education Centres zoned Residential A. Further, the From Mr Quinn (16 petitioners) requesting compensation provisions under the the House to restore funding for the Life Integrated Planning Act 1997 may apply. Education Centres for their positive health and All owners of land currently zoned for anti-drug program for Queensland children residential purposes are free to seek the effective 1 July 1999. appropriate development approvals to enable development of their properties. Petitions received. Approval of applications by the Redland 740 Legislative Assembly 12 Apr 2000

Shire Council remains subject to the Independent consultants were appointed normal considerations of site suitability, in 1996 to undertake a range of studies topographic/physical constraints, ability to and investigations leading to the accommodate septic disposal of sewage, preparation of the Study, including the availability of access, and other building strategy. The Study's consultants and related approval requirements. These completed the draft strategy and a are matters for the Redland Shire Council background report, based on the technical to consider on a case by case basis. investigations, which were made available The Department of Natural Resources has for public comment in late 1998. The a statutory obligation under the Valuation Study also involved a detailed and of Land Act 1944 to determine comprehensive consultation process, unimproved values that are used which comprised a significant component principally by Local Governments as a of the Study budget. basis for levying general rates. Valuations Following the consultation process, a are usually determined annually on the submission report was prepared. The basis of sales information for property report provided a detailed review of all transactions that took place over the written submissions which were received previous year. In effect, unimproved during the display period and also values follow and reflect trends in the included suggested amendments to the property market. As part of the valuation draft strategy in response to certain issues process, valuers of the Department of raised in the written submissions. Natural Resources review all relevant The Study, including the draft strategy, information that may impact on the aims to resolve a number of Iong standing marketability of land and consequently its land use and servicing issues, as well as unimproved value. seeking to put in place a framework to Investigations indicate that the value of manage future development and residential land on the Southern Moreton conservation of the Southern Moreton Bay Islands has steadily decreased over a Bay Islands. five year period, with no direct correlation As the matters raised in your petition have between the commencement of the Study been sufficiently considered by the in 1996 or the publication of its draft Criminal Justice Commission, the recommendations in late 1998. I Department of Communication and understand that these valuations reflect Information, Local Government and decreasing values resulting from the Planning and Sport and the Department of oversupply of land for sale, and Natural Resources, there is no basis for information that some land may be subject further investigation as requested in your to drainage or other physical constraints petition. to development. It also appears there has I trust that this information assists in been a steady decline in both residential clarifying your concerns. land sales and the total value of land sales for most of the 1990s for all of the Response from the Minister for Communication Southern Moreton Bay Islands other than and Information, Local Government and Karragarra. Planning and Minister for Sport (Mr Mackenroth) to a petition presented by Mr Southern Moreton Bay Islands Land Use Hegarty from 1 petitioner, regarding issues and Development Study raised by landowners of the Southern Moreton The Southern Moreton Bay Islands Land Bay Islands— Use and Development Study (the Study) Thank you for your letter of 16 March is a joint initiative between the Redland 2000 regarding the petition received by Shire Council and the Queensland the House from Mr J Abrahamson on Government. At this point in time, the behalf of the landowners of the Southern Study remains as a draft under Moreton Bay Islands. consideration by the Government and no In December 1999 I responded to a similar implementation actions have been petition received by the House from Mr initiated. Abrahamson. Since that time, I have The purpose of the Study is to develop a received advice from the Criminal Justice strategy to guide ecologically sustainable Commission (CJC) on the findings of its development and the management of land investigation into the Southern Moreton on the Southern Moreton Bay Islands in Bay Islands Planning Study. The CJC response to the history of apparently investigated the Study, consultation inappropriate subdivision which has processes, land valuations and rating occurred, and the potential major issues. These issues had been referred to environmental impacts on the surrounding the CJC by a number of island waters of the Moreton Bay from landowners. I have included comments inappropriate development on the from the CJC report, where relevant, in my Southern Moreton Bay Islands. response to the petition. 12 Apr 2000 Legislative Assembly 741

The petition from Mr Abrahamson The Study is a joint initiative between the requests the House ask the Honourable P Redland Shire Council and the State Beattie MP, Premier to instruct me: Government. The purpose of the Study is (i) to dismiss the Redland Shire Council to produce a "Strategy" to guide and appoint an Administrator; ecologically sustainable development and management of land on the Islands in (ii) to halt any sales of public land on response to the history of inappropriate these Islands by the Council at subdivision which has occurred, and the "devalued" unimproved capital values potential major environmental impacts on until after an inquiry; and Moreton Bay from inappropriate (iii) to immediately cancel the Southern development on the Islands. The draft Moreton Bay Islands Planning Study Strategy is aimed at resolving a number of and undertake a comprehensive, long standing land use and servicing independent, public investigation issues as well as to put in place a into the Study, consultation with framework to manage future development landowners, devaluations and and conservation of the Islands. associated land deals. Independent consultants were appointed (i) Dismissal of Redland Shire Council in 1996 to undertake a range of Under the Local Government Act 1993, investigations leading to the preparation the Governor in Council may dissolve a of the Study and its subsequent draft local government and appoint an Strategy. The Study consultants, administrator only if I am satisfied the local Gutteridge, Haskins and Davey, government— completed the draft Strategy and a (a) has acted unlawfully or corruptly; or Background Report (based on the technical investigations) which were then (b) has acted in a way that puts at risk its presented for public comment in late 1998. capacity to exercise properly its The draft Strategy was the result of two jurisdiction of local government; or years of intensive technical investigations (c) is incompetent or cannot properly and more than 3,000 previous public exercise its jurisdiction of local responses. government. The Study program also involved a I have no evidence to suggest the comprehensive consultation process, Redland Shire Council meets one or more including the: of these criteria and therefore I am unable mail-out of four newsletters to to recommend any action to dismiss the landowners; Redland Shire Council. (ii) The halt of any sales of public land on establishment of a Community these Islands by the Council at "devalued" Reference Group; unimproved capital values until after an organisation of a series of workshops inquiry and discussion days on each of the With regard to the sale of public land at Islands and on the mainland to "devalued" unimproved capital values, the enable issues to be raised by Local Government Act 1993 provides a residents and landowners and local government may only dispose of comments made on a number of public land by auction or public tender. possible land-use scenarios; Under the tender process, if a local release of a series of media articles government decides to accept a tender, it and advertisements; is required to accept the tender most organisation of an Island Summit advantageous to it. Where a local conducted over 31 October 1997 government attempts to dispose of land and 1 November 1997; by public auction or tender and the land does not sell, a local government may establishment of a call centre within dispose of the land in any way it desires. I the Council to receive public have no powers to intervene in such submissions and provide advice to matters. callers on the draft Strategy and Background Report (679 enquiries Notwithstanding, officers of my were received); and Department are not aware of any significant land disposal program being establishment of a specific web site undertaken by Redland Shire Council in for the draft Strategy document relation to public land on the Islands. (which resulted in 811 land (iii) Cancellation of the Southern Moreton searches). Bay Islands Planning Study and an The overall consultation process for the independent, public investigation into the Study comprised a significant component Study, consultation with landowners, of the Study budget and represented a devaluations and associated land deals. detailed and comprehensive consultation 742 Ministerial Statement 12 Apr 2000

process. This is supported by the CJC's government by local government basis on investigation, which found a determined two main criteria: effort was made to make relevant parties (i) information provided by the local aware of the process and the content of government on planning and building the Study. criteria on each lot; and Following the public display period, a (ii) recent sales information, specifically submission report was prepared. The whether there is a demand for the report provided a detailed review of all type of lot. written submissions which had been received during the display period. It also Investigations indicate the value of included suggested amendments to the residential land on the Islands has steadily draft Strategy in response to certain decreased over the last decade with no issues raised in the written submissions. direct correlation between when the Study commenced (1996) or when its The draft Strategy provides a framework draft recommendations were published for the future development of the Islands (late 1998). It is understood these to ensure the features that make the valuations reflect decreasing values Islands special are retained for existing resulting from the oversupply of land for and future generations. Part of the sale, and planning information provided by recommended draft Strategy involves the Redland Shire Council including the removal of lands which are floodable or identification of land that may subject to tidal inundation from development, and the public purchase of be subject to drainage or other physical lands which form part of significant constraints. It also appears there has been conservation value areas on the Islands. If a steady decline in both residential land implemented this public purchase program sales and the total value of land sales for is intended to limit the development most of the 1990s for all of the Islands potential and population growth on the other than Karragarra. Islands by reducing the number of existing The CJC investigation determined land subdivided lots available for development values on the Islands have been falling thereby reducing the potential level of steadily for some years as a result of undesirable environmental impacts. market forces and associated issues However, I advised the House on 29 April related to the history of development on 1999 I do not support compulsory the Islands, rather than the Study. acquisition of land on the Islands to In relation to the "associated land deals" reduce the potential population. referred to, it is my understanding any land The Study is a genuine attempt to transfers occurring on the Islands have recognise current land use and servicing either been: sales initiated by landowners, issues on the Southern Moreton Bay land surrendered to Council by Islands which have been a long-standing landowners in lieu of rates, or land problem for the Redland Shire Council and acquired by Redland Shire Council for Island residents. It has involved a rates in arrears under the Local comprehensive, well-structured study Government Act 1993. program undertaken by an independent I trust this information is of assistance. If specialist consultancy firm; substantial any further information is required, do not commitment of financial and in-kind hesitate to contact this office. resources from the State Government and the Redland Shire Council; and significant public input from residents and absentee MINISTERIAL STATEMENT landowners alike. Smithsonian Institution At this point in time the Strategy remains as a draft under consideration by the State Hon. P. D. BEATTIE (Brisbane Central— Government and no implementation ALP) (Premier) (9.33 a.m.), by leave: actions have been initiated by State Sometimes a simple signature marks a agencies. The draft Strategy (as with any watershed, and that is the case with the land use planning document of a similar agreement I have signed with the prestigious nature) contains recommendations which Smithsonian Institution in Washington on 24 do not accord with the wishes or the unrealised expectations of each and every March this year on behalf of the Queensland stakeholder involved. This however is no Government. This is the first time the reason to cancel the Study or undertake Smithsonian Institution, the world's foremost an independent public enquiry. research and museum complex, has signed In relation to the issue of devaluation, such a broad-reaching agreement with a advice previously provided by the Government outside of the USA. The Department of Natural Resources (DNR), is agreement marks our emergence as the valuations are determined on a local Smart State and entry into the world's big 12 Apr 2000 Ministerial Statement 743 league of new economies featuring services, Queensland Government representatives have innovation and knowledge-based industries. It produced these exciting developments very opens the doors of the institution's 16 quickly. The agreement also means the museums and galleries and 12 research Smithsonian Institution will participate in a facilities for our scholars, teachers and special task force to advise on the landmark scientists. building planned for the heart of the Roma Over the next five years this agreement is Street parklands. The Smithsonian believes expected to enhance Queensland's position the landmark building presents Queensland as the Smart State through joint projects such with a major opportunity to develop an icon as: firstly, development of online educational project which is innovative, unique and world materials on environmental and other topical class. This is in keeping with our Smart State issues that will be accessible to teachers and initiatives. students throughout the State and in selected The task force, chaired by Martin Albrecht, American schools; secondly, joint research Managing Director of Thiess Contractors Pty projects and related activities in rainforest and Ltd, is charged with clearly defining the reef, including an international conference and function of the building, developing a brief for research into reef issues; thirdly, establishing in the building's design, preparing a list of Queensland four museum magnet schools funding operations and reporting directly to me linked electronically to the Smithsonian and by November. Development of this magnitude Queensland museums and Smithsonian needs meticulous planning and I envisage the magnet schools in Washington DC to share in process taking up to a decade from start to the wealth of Smithsonian research, digitised finish. We want to ensure the building artefacts and expertise on the use of objects becomes a major attraction and talking point as a teaching strategy and secondary school not just for Queensland but for Australia. I renewal; fourthly, establishing an international table for the information of the House some sustainable environmental and management relevant media coverage of that trip which I network with shared membership to foster think highlights its significance. inter-agency and inter-disciplinary collaboration on sustainable development and environmental management issues; fifthly, a MINISTERIAL STATEMENT jointly funded Queensland/Smithsonian Biotechnology fellowship program with six fellowships a year; Hon. P. D. BEATTIE (Brisbane Central— and, sixthly, the Smithsonian representation ALP) (Premier) (9.37 a.m.), by leave: on a task force to advise on the potential Queensland's biotech revolution is gaining functions, design and development and even more momentum. We are staking our financing of the landmark building on Roma place as the leader in biotechnology in Street parklands. Australia. Queensland had a very strong The agreement is only the beginning of presence at BIO 2000, the world's biggest what will be an evolving and ongoing series of biotechnology conference held in Boston, projects that will benefit both Queensland and Massachusetts, and one of the main stops in the United States. Although the Smithsonian my recent trade trip to the United States. Institution has a lot to offer Queensland, we Queensland had 40 delegates and eight know from the support we have received from organisations exhibiting at BIO 2000. The the Smithsonian Institution that we have a lot eight organisations were Clinical Network to offer the Smithsonian in relation to rainforest Services, Alchemia Pty Ltd, the Queensland and reef research, environmental Institute of Medical Research, the Australian management, education and ecotourism and Institute of Marine Science, the University of delivery of online education in distant mode. Queensland, Griffith University, the Queensland's research efforts, educational Queensland University of Technology and the capability and international profile will all University of Southern Queensland. It is benefit as a result of this historic agreement. people like these with the initiative and the It was only in July last year that determination to come halfway round the world Queensland and the Smithsonian Institution seeking business who have made Queensland signed a memorandum of understanding in the biotechnology leader in Australia. I would which both parties agreed to explore like to pay tribute to each of them here today. opportunities for collaboration over the Hundreds of universities and research following 12 months. It was expected that it centres throughout the world are involved in would be July this year before any detailed biotechnology research, but the major proposals would be developed, but exchange difference between them and Queensland is visits and inspections by Smithsonian and that we also have the get up and go to make 744 Ministerial Statement 12 Apr 2000 things happen. That is why my Government Opportunities, at an international media became a leading sponsor of BIO-2000, to conference at BIO-2000 in Boston, give us an extra edge over most of the other Massachusetts. The Department of State 750 exhibitors competing for the attention of Development, under the Deputy Premier, is a 6,000 industry representatives. Our lead partner sponsor of the Health Media sponsorship gave us a prime exhibition booth Group's publication, which is a comprehensive on a corner site, a hospitality suite to host a analysis of Australia's strategic medical reception, a free half-page advertisement in research. The book aims to promote the program, attendance at an exclusive Australia's research capabilities, existing reception to lobby chief executive officers, products and services, and opportunities for promotional brochures mailed internationally, a technology commercialisation to a worldwide set of envelope labels addressed to all pre- audience. It seeks to be a catalyst for the registered visitors and so on. The Australian development of major international strategic Consul-General, Michael Baume, and alliances and the attraction of new investment Austrade's General Manager for the Americas, opportunities to Australia, and it advertises the Michael Johnson, joined me at the opening of extent of Australia's expertise in medical the pavilion and about 2,000 delegates innovation. The book will open doors to attended our post-opening reception. I thank international medical organisations and them for their assistance. venture capital companies by providing an Queensland's reputation as the most overview of Australia's research capabilities. entrepreneurial State in Australia helped us The focus of this publication fits perfectly with earn the right to host Australia's main annual the industry development initiatives under the venture capital conference in 2000—the Queensland bioindustries strategy aimed at annual venture capital conference by the helping form international strategic alliances Australian Venture Capital Association Ltd, and the attraction of investment into AVCAL. Leading international venture Queensland. capitalists and industry leaders will be invited to We intend to showcase all that speak, and 20 innovative Queensland biotechnology has to offer by declaring that companies from the knowledge intensive July 2000 will be biotechnology month in industries will present their business plans to Queensland. A highlight will be the Australian Queensland, interstate and international Biotechnology Association national conference venture capitalists. at the Brisbane Convention and Exhibition That is why we are pleased to be a major Centre. The association is the peak body for sponsor of the conference, which will be held the Australian biotechnology industry and at the Hyatt Coolum on the Sunshine Coast provides a platform which brings together all from 16 to 18 November. The Deputy Premier the relevant players involved in the Australian and I will do everything we can to support this biosciences community. These new industries conference and ensure its success. It is a will mean tens of thousands of jobs for major coup for Queensland and continues the Queenslanders. They will give our State an Government's support for innovation and the even stronger, broader-based economy. critical role the venture capital industry plays in Biotechnology is the key to helping people commercialising innovation. around the world to have healthier and longer lives. Graeme Browning, the State convenor of The 21st century will be the century of AVCAL, says Queensland's brightest new biotechnology. Biotechnology month will also start-up companies will be showcased for answer the concerns some people have about potential investors when venture capitalists these emerging industries. We will be converge on Queensland for the conference. highlighting the code of ethics that I launched He believes that, with venture capital backing, at the BIO-2000 conference. We will also be some of these companies will grow to be the highlighting the regulations and other systems industry leaders of the future, providing designed to provide safety and protection. hundreds of new-economy jobs for Queensland. I conclude by quoting from the editorial in the Sydney Morning Herald on Monday, 3 Queensland's reputation was even further April. It refers to New South Wales Premier, enhanced with a new book on innovation in Bob Carr, and says— Australia, which shows that Queensland is leading the way. I had the pleasure to perform "He is allowing Mr Beattie in the international launch of the book, called Queensland to position that State as Biomedical, Biotechnology and Australia's Silicon Valley." Pharmaceutical Innovation: Australia's That is a most astute observation. 12 Apr 2000 Ministerial Statement 745

In the last two days we have seen two Queensland boasts more than 300 locally other illustrations of how this Government is headquartered communications and promoting Queensland overseas. The Deputy information companies which generate more Premier and I had the opportunity to meet with than $2 billion in revenue. Exports from His Royal Highness Prince Salman Bin Abdul Queensland have experienced growth of more Aziz Al Saud, the Governor of Riyadh and the than 15% over the past five years. Software brother of King Fahd of Saudi Arabia. Indeed, development and distribution accounts for the Minister for Primary Industries was also some 25% of the business activity and 38% of present at one of the lunches. exports undertaken by Queensland This is the first time Queensland has communications and information companies. received such a high level delegation from Education and training provision accounts for Saudi Arabia. The prince increased the length 6.3%, followed by telecommunication of his stay here by two days. He spent some hardware sales at 5.4% and software support time on the Gold Coast as well as at meetings. at 5.3%. He was staying at the Gold Coast with an The visit came at a turbulent and official party of eight members, including two of interesting time, with a number of important his sons, and he had a delegation of 60 high issues brewing in the region. My observations level representatives. We explored of the region followed discussions with opportunities for investment with Saudi Arabia. Australian Government and Queensland They included diverse opportunities—not just Government officials, local business people primary industries but also education, sugar and local government officials in the respective and arts, and the list goes on. regions. As well, yesterday the Deputy Premier There are a number of issues that will and I welcomed Cathay Life Insurance continue to develop in this calendar year. Company Limited of Taiwan. It had 2,200 These include Hong Kong's open agents here. I took the opportunity to consideration of changing its existing taxation welcome them to Brisbane. Cathay Life is one scheme; Taiwan's relationship with China; of the largest corporations in Taiwan and has China's opening of southern provinces and brought the agents to Queensland as part of embracing of the information technology and its incentive program—a great boost for biotech industries; and a number of other tourism, not just by their visit but also by the things. message it sends home. It is the first time the My visit was important, given our State's company has used an overseas destination for historic and trade links with this strategic its incentive program and it did so at the region. Queensland has enjoyed a long-term Convention Centre. The company hopefully will relationship with China which dates back more return. than 150 years, when Chinese miners came to I point out to the House that the number north Queensland during the gold rush era. In of Taiwanese tourists coming to Queensland 1998-99 Queensland's trade with Greater increased by 22.5% in the 12 months to the China—the People's Republic of China, Hong end of November 1999. These are the sorts of Kong Special Administrative Region and aggressive policies being undertaken by my Taiwan—was in excess of $A1.5 billion. can-do Government. However, these figures do not include services such as education, tourism, legal, accounting and engineering. These categories are some MINISTERIAL STATEMENT of the fastest growing sectors in our trade. Visit to Hong Kong, China and Taiwan During the period, exports to China rose Hon. J. P. ELDER (Capalaba—ALP) by 25% to $A506m. At the same time, exports (Deputy Premier and Minister for State to Taiwan fell by 10.5% to $A744m and Development and Minister for Trade) exports to Hong Kong eased 5.5% to $A341m (9.45 a.m.), by leave: The purpose of my as the Asian crisis bit hard in specific areas recent visit to Hong Kong, mainland China and and specific centres. Traditionally, as much as Taiwan was twofold. Firstly, it was to promote 60% of Queensland's merchandise exports to and discuss information and technology and Hong Kong has been re-exported to China. biotech opportunities that Queensland and its Thus the overall value of trade with mainland companies could provide. Secondly, it was to China is much higher than the bare figures renew existing ties with a number of Asian reveal. companies and business people who have Taiwan is an extremely important trading business interests or have expressed interest partner, and my visit was worth while and in this State. further enhanced the relationship between 746 Ministerial Statement 12 Apr 2000

Queensland and Taiwan. I table the rest of my increase its machines by 10 or more the public report in the interests of the time of the must be consulted. A club or hotel granted Parliament. extra machines now has six months to install the machines or lose the right to those machines. Operators will not be able to hoard MINISTERIAL STATEMENT machine approvals. If a new licence is granted, Gaming regulations will require machines to be installed Hon. D. J. HAMILL (Ipswich—ALP) within 12 months or that approval will lapse. (Treasurer) (9.48 a.m.), by leave: I have the Furthermore, venues will be permitted only one pleasure to announce the Beattie application to increase machines in a single Government's policy direction for gambling in year. Queensland. These reforms are the result of There has been media speculation and extensive community consultation which concern expressed to me by members about surrounded the review of gaming that I large interstate clubs looking to take over commissioned last year and the Government's Queensland clubs. Let me assure the green paper on gaming in Queensland. The community that interstate clubs will be Government undertook the review in response subjected to Queensland's new machine limits. to the enormous community concern over the Any gaming machines operated interstate by a growth of gaming and its impact on the club will be taken into account in determining members of our community. The product of the number of machines that they could this 12-month review process puts Queensland operate in Queensland. In effect, if an at the forefront of the reform of gambling laws interstate club already has 280 machines it will in Australia and puts in place the toughest not be able to acquire a Queensland club. The gaming regime in the country. The limit will also protect small community clubs Government's reforms will not just get tough from being gobbled up by the big Queensland on gaming; they will comprehensively address clubs. the impact of gambling in general. It is about This is a comprehensive reform package striking a balance between those who can that tightens regulations but also targets the enjoy gambling and an industry that provides regrettable issue of problem gambling. The jobs and for those who cannot control their Government has developed a responsible gambling and the families and communities gambling strategy that has at its core the goal who suffer as a result. That balance will be of restoring balance through protection, achieved through an investment in protection, prevention and rehabilitation. prevention and rehabilitation via the The Productivity Commission report on Government's responsible gambling strategy. Australian gambling industries has shown that The Government's policy is a 77% of problem gamblers make extensive use comprehensive statement and I will outline of gaming machines fitted with note acceptors. some of the key outcomes for the benefit of These machines take bank notes of any members. After unprecedented consultation denomination and permit long periods of with individuals, community and industry uninterrupted gaming activity. Note acceptors groups around the State, the Government has on gaming machines in all venues, including agreed to cap machine limits at 280 for clubs casinos, will be limited to receiving $5, $10 and and 40 for hotels from 1 January 2001. That is $20 notes. Acceptance of higher value notes a significant reduction in machine numbers will be prohibited. We will also prohibit credit from the limits proposed by the coalition's betting on gaming machines, whether through white paper, which would have allowed clubs existing or future technologies. to go to 300 machines and hotels to go to 45 The new responsible gambling strategy machines by July next year. will also provide an industry code of practice, The prospect for growth has been slashed education campaigns, support services to by more than 16,000 machines and that is people with a gambling problem and an good for Queensland communities. These advertising code of practice. A new responsible measures will prevent "convenience gaming" gambling fund will be established to coordinate venues at shopping centres or restaurants. research into the social and economic costs of The public will now be consulted on all gambling, and direct increased funding to applications for new gaming venues and address problem gambling. significant increases in machine numbers at Through the development of a policy existing sites. If existing clubs want to increase direction for gaming in this State and a new machine numbers by 20 or more the public responsible gambling strategy, the Beattie must be consulted. If a hotel wishes to Labor Government has again shown itself as a 12 Apr 2000 Ministerial Statement 747 reforming Government that has listened to the QWAs would have been significantly less people of Queensland and implemented comprehensive and less beneficial to changes that will restore the balance between employees. For example, nearly half of the the costs and benefits of gambling in this new QWAs analysed state that minimum wage State. rises granted under the relevant award will also be applied under the QWA. MINISTERIAL STATEMENT Under the new public interest test, the commission must now take account of likely Queensland Workplace Agreements wage rises in the award when approving a Hon. P. J. BRADDY (Kedron—ALP) QWA. This contrasts with only 60% of QWAs in (Minister for Employment, Training and August 1998 which provided no wage rises to Industrial Relations) (9.53 a.m.), by leave: Late the employee. The Labor amendments have last year, I requested a review of the changes meant greater protection for employees so that have occurred to Queensland workplace that they do not drop behind minimum award agreements since the Beattie Government wage rises. amended their operation in September 1998 Notwithstanding these changes, there and July 1999. The independent report was continues to be a low take-up rate of QWAs, prepared by the Australian Centre for Industrial both prior to the Government's amendments Relations, Research and Training. It charts the and since. This is also consistent with the changes to QWAs and includes an analysis of continued low penetration and take-up rate of QWAs and compares them with union and Federal Australian workplace agreements, non-union collective agreements. which have been available for three years. The major findings of the report are as QWAs continue to cover only follows. Firstly, the majority of QWAs made approximately 0.2% of the Queensland work since September 1998 remain within the force. AWAs represent just over 1% of the community services sector—in particular in Australian work force and just over half a per child care centres and within the real estate cent of the Queensland work force. The large sector. Secondly, there have been no majority—55%—of Queensland workers significant improvements in conditions of continue to be covered by State awards and employment for workers covered by QWAs, State collective agreements. In contrast, particularly when compared with Queensland Federal awards, certified agreements and certified agreements. The third finding—and a AWAs cover little more than one-quarter of the very interesting finding—is that there was a Queensland work force. The combined lack of innovation in QWAs compared with coverage of individual agreements—both collective agreements. The report says that QWAs and AWAs—is less than 1% of all fewer QWAs dealt with hours of work issues Queensland workers. Clearly, the preference of than the other types of agreements. This the vast majority of Queensland employers indicates a lack of innovation in this form of and employees is collective regulation. agreement making compared with the union In conclusion, although the amended certified agreements which have a greater QWAs are more beneficial for those proportion of flexible hours schemes. employees covered by them, their minuscule The fourth finding is that a close analysis take-up rate questions their relevance in of QWAs revealed that they sought to effect workplaces for 2000 and beyond. This report only minor changes to conditions. However, a by the Australian Centre for Industrial substantial number of the agreements now Relations, Research and Training shows that include amendments and undertakings which QWAs have not achieved what they were the Queensland Industrial Relations designed for and have generally failed to meet Commission required the parties to include, the demands and reasonable expectations of such as applying award wage increases. both employers and workers. In particular, they Fifthly, it appears that QWAs have continued generally lack flexibility and fail to promote to be used by employers as a tool for altering innovation. This Government will continue to a limited number of award provisions, allowing monitor their impact and take-up rates in order employers to bypass collective processes, to assess their relevance and effectiveness. particularly within the child care and real estate sectors. MINISTERIAL STATEMENT The research found that without the Labor amendments to the legislation—in particular Cultural Policy for Young People the strengthened no-disadvantage test and Hon. M. J. FOLEY (Yeronga—ALP) the new public interest test—the content of (Attorney-General and Minister for Justice and 748 Ministerial Statement 12 Apr 2000

Minister for The Arts) (9.58 a.m.), by leave: I Labor's cultural policy for young people wish to inform the House of the Government's delivers on our election promise to promote cultural policy for young people. The policy is youth training, jobs and arts access around designed to boost job opportunities for youth. Queensland through a series of initiatives This policy—the result of extensive already up and running such as the Tute community and industry consultation—utilises Music Mentor Program; a youth radio the arts to build a better future for young traineeships program designed to increase Queenslanders, extending the many youth opportunities for young people to acquire arts initiatives undertaken both by this broadcasting skills, which will give them a voice Government and the Goss Government in in media; a venue music industry facilities dynamic and positive ways. The Government access initiative for young Queensland bands has underwritten its commitment to young located in Brisbane; and a youth people with a $900,000 youth arts budget in entertainment scheme—YES—to provide 1999-2000. affordable entertainment for young people, particularly those in regional areas. The cultural policy for young people proposes a stronger representation of young Tute will provide job opportunities for people on Government decision-making around 40 Queensland artists, developing bodies. It also proposes a youth consultative partnerships between companies in Brisbane, committee drawn from around the State to Townsville and elsewhere to support young advise Arts Queensland on strategy and musicians in those centres. The youth funding issues. entertainment scheme—YES—provides access to affordable entertainment events for All too often the only stories we hear young people in regional and rural areas who about young people are negative. This policy would otherwise miss out. creates a positive outlook for young Queenslanders through the arts. Initiatives The Government has allocated funding such as our mentorships, our contemporary for affordable, exciting events in regional music initiatives, radio traineeships, festival communities. It also promotes partnerships support and the public art youth program between local councils and young people would help young Queenslanders continue working in local management groups. Earlier their enormous achievements in every area of this year I announced a $132,000 youth arts the arts. In recent years they have made a mentoring program commencing this month significant impact on the national stage—most that gives opportunities to young Queensland notably in the contemporary music industry. emerging artists through mentoring by Queensland bands such as Powderfinger, established practitioners. Savage Garden and Regurgitator have won This is about jobs in the arts and national and international recognition and entertainment industry. It is also about boosted the local recording industry. affirming the vision and dynamism that young Mr Elder: Great artists they are. people bring to Queensland culture. Mr FOLEY: I take the interjection of the honourable the Deputy Premier, and great MINISTERIAL STATEMENT artists they are. Education 2010 Young people today constitute the biggest force in the cultural marketplace. This Hon. D. M. WELLS (Murrumba—ALP) policy recognises their power not only as (Minister for Education) (10.01 a.m.), by leave: consumers but as cultural producers of the I wish to advise the House of the 2010 present and the future. The success of the program. In recent years, the proportion of Queensland Biennial's Rock on the Back of a students across the State completing Years 11 Truck tours in central and western Queensland and 12 has declined. The decline has been and the Jazz Train workshops held in mostly among boys and the bottom ranks of Townsville, Rockhampton and Mackay proves the Year 12 OP results are overwhelmingly that young musical talent and audiences are dominated by boys from low socioeconomic not confined to big cities. backgrounds. Mr Schwarten: Certainly not! There has been a small but continuing and very highly publicised decline in the Mr FOLEY: I thank the member for proportion of students attending State schools. Rockhampton, the Minister for Public Works, It is important to the whole community, for his strong support of arts in the regions. including those whose children attend private Regional young people deserve schools, that we retain a strong and recognition, and this policy gives it to them. comprehensive public school sector capable of 12 Apr 2000 Ministerial Statement 749 educating the talented as well as the new basics framework will prepare students for challenged, the remote as well as the flexible and adaptable life pathways and help metropolitan, and the rich as well as the poor. them participate in the future economy. Literacy outcomes remain unsatisfactory, Secondary students will have greater with all too many students advancing to vocational, education and training pathways secondary school without achieving functional options available to them. These pathways will literacy. It is clear that State education needs a give them wider curriculum choices and new direction. We need a system that allows increase practical work-based learning. A great all students a variety of ways in which to deal of a child's future success in school develop the knowledge and skills they will derives from providing appropriate, high-quality need for working and living in the 21st century. early education. Education Queensland will be The one-size-fits-all approach on which our working towards improving outcomes in pre- public school system has traditionally been run Year 1 education over the next 10 years. is no longer viable. The success of QSE—2010 will rely After working with thousands of educators heavily on the professionalism of teachers. and community members across the State, we They will be supported to update and maintain have devised Queensland School Education— their professional skills through Education 2010, a plan to create a positive and Queensland's new learning and development constructive future for State education. foundation. The Partners for Success program QSE—2010 will lead us to maximise our already under way aims to improve education human capital by refitting our State education and employment outcomes for Aboriginal and system to meet the needs of all our students. Torres Strait Islander peoples in Queensland. The changes QSE—2010 will bring about will Literacy is a crucial educational goal and benefit more than half a million young raising student literacy standards is a key Queenslanders in State schools by the end of policy priority for this Government. Professor the decade, with an extra 2,000 teachers Allan Luke is heading a comprehensive review ensuring that every one of those students is of how we teach literacy in Queensland State part of the Smart State. QSE—2010 will mean schools. greater community access to and use of The small minority of students who display school resources. Schools will become even unacceptable behaviour will have to face up to more the centre of the social capital of their the consequences of their actions. These few community. QSE—2010 is the start of a students need new alternative education sites revitalisation of public education in this State. to meet their needs. Five will be opened this The initiatives that make up QSE—2010 year with more to follow. The environment and have two important aims: to increase the curriculum of older secondary schools will be proportion of the Queensland population that rejuvenated as new links are forged with completes Year 12 and strengthen the universities, TAFE, business and the coordination of school and post-school community. Schools will be free to options. The facts are clear: students who differentiate; to specialise in what their location complete Year 12 or its equivalent have better or their students' interests or aptitudes allow life chances. They are more likely to find a job them to do well. than those students who do not complete No other State has such a far-reaching Year 12. If they find a job and lose it, they will plan for education as does Queensland. I call spend less time getting another. They will have on all school communities in our State— less recourse to the health system, fewer of teachers, support staff, parents and them will get involved with the corrective students—to work with us to achieve the far- services system, and more of them will live sighted commitment that 2010 represents. happy and fulfilling lives. Increasing the number of people who MINISTERIAL STATEMENT complete Year 12 will also improve our State's economic performance. It is the key to making Payday Lending Queensland the Smart State and brings with it Hon. J. C. SPENCE (Mount Gravatt— the promise of jobs and prosperity. The goal is ALP) (Minister for Aboriginal and Torres Strait to raise secondary school completion rates Islander Policy and Minister for Women's from 68% to 88% by 2010. By this time, it will Policy and Minister for Fair Trading ) cost up to $150m each year to achieve this. (10.07 a.m.), by leave: In the past 12 months Education Queensland plans to raise Year 12 Queensland has seen the emergence of a completion rates in a number of ways. I will new breed of fringe credit provider, the payday mention some of those ways. Introducing the lender. They adopt similar tactics to loan 750 Ministerial Statement 12 Apr 2000 sharks by exploiting loopholes in the Payday loans are aimed fairly and Consumer Credit Code. These latter-day squarely at the battlers—families who are Shylocks have been ripping off Queensland trying to eke out an existence, living from pay consumers—battlers who through misfortune to pay and struggling to make ends meet. are forced to live from pay to pay and are They are not taking out loans to live a lavish desperately trying to make ends meet. lifestyle. These loans are more often than not Payday lenders target clients through used to pay bills and buy food by people who newspaper ads that offer a loan in advance, in are down on their luck. other words, quick cash till payday. They tend Although consumer credit laws are to lend relatively small amounts of money that national, Queensland is leading the charge in is either repaid in cash or direct debit from a this area. We are the template State for bank account within one or two weeks of consumer credit laws, and other States and taking out the loan. And because those loans Territories are very enthusiastic about are for less than 62 days, the consumer Queensland's strategy to restrict loan sharks protection provisions of the laws do not apply. from exploiting and abusing consumer credit I am establishing a working party of highly and fair trading legislation. There are a number respected representatives from the peak of prosecutions before the courts and we are consumer organisations including Legal Aid, now sending out a message to other fringe the Financial Counselling Association, the credit providers that their tactics will not be Commonwealth Consumer Affairs Advisory tolerated in Queensland. We are serious and Council and the Queensland and Brisbane want to protect Queensland consumers from Consumers Association to investigate this being caught in an ever-spiralling credit trap. matter. The working party will report their The Queensland Government will not tolerate findings directly to me. Among other issues, the spectre of a more mercenary, less caring they will determine the extent of payday society where unscrupulous fringe credit lending in Queensland and what changes providers are allowed to proliferate. need to be implemented to protect consumers from lenders who are deliberately and systematically flouting the law. MINISTERIAL STATEMENT Payday lenders should be subject to the Natural Disaster Costs same laws that apply to all other forms of Hon. S. ROBERTSON (Sunnybank—ALP) lending in this State. They should not be (Minister for Emergency Services) (10.11 a.m.), exempt. The potential for consumer detriment by leave: As most members would be aware, is high. Payday loans avoid regulation and, as Queensland is the most natural disaster prone such, lenders are not required to give the State in Australia. Since February, we have consumer a copy of the contract; there is no witnessed extensive flooding throughout compulsion to disclose the true cost of the central, western and northern Queensland loan; there is no regulation of the types of fees which took in approximately half of the State, and charges that may be imposed; there is no plus, of course, Cyclones Steve in Cairns, regulation of the security that may be required, Tessi in Townsville and Vaughan which, like a so lenders can insist on a bill of sale over a car leadership challenge in the National Party, worth thousands of dollars to secure a loan fizzled out—a lot of wind but very little worth a few hundred dollars; and a consumer substance. cannot challenge an unfair loan contract in court. Queensland and Commonwealth The charges imposed for this type of Governments have natural disaster relief short-term lending are crippling. For instance, arrangements in place to provide joint funding some lenders are charging $25 for a $100 for relief measures to help communities loan. The major problem is that people availing recover from natural disasters. NDRA pays for themselves of these loans can get the cost of disaster operations, restoration of dangerously caught in an ever-spiralling credit public infrastructure, concessional loans to trap by obtaining short-term loans to pay back primary producers and small business and other short-term loans. Ultimately, the debt disaster relief for assistance to people suffering becomes unmanageable and consumers are personal hardship. at the mercy of the credit provider. If it is repaid The NDRA bill for Queensland natural in a week, it works out to an annual disasters this financial year will top the $100m percentage rate of 1,300%. Even if it is repaid, mark, which is the highest in the ten years in two weeks the interest rate is 652%. These since the Charleville floods. Over the past 22 rates make loan sharks, whose lending rates years the Queensland and Commonwealth can be up to 240%, look like angel fish. Governments have allocated approximately $1 12 Apr 2000 Members' Ethics and Parliamentary Privileges Committee 751 billion of NDRA money for natural disaster relief ¥ the Legal, Constitutional and in Queensland. NDRA expenditure so far this Administrative Review year on natural disasters is $99m, which is Committee; made up of north Queensland flood and ¥ the Queensland Constitutional cyclone damage, $61m; central and western Review Commission; Queensland floods $35m; floods in the Condamine and Macintyre catchments in ¥ Australians for Constitutional November last year $1.9m; and south-east Monarchy; Queensland storms in early December last ¥ Professor Gerard Carney; and year, $611,000. These figures do not include (b) the House adopt the Committee's losses incurred by private property owners, recommendation." primary producers or business from natural disasters. Preliminary estimates suggest Motion agreed to. Cyclone Tessi will cost some $15m in NDRA payments. The projected NDRA payments for MEMBERS' ETHICS AND PARLIAMENTARY Cyclone Tessi include disaster relief assistance PRIVILEGES COMMITTEE to individuals and families, some $350,000; the cost of counter-disaster operations, Report No. 38 $1.75m; restoration of public assets in local Hon. T. M. MACKENROTH (Chatsworth— government, $9.5m; and the restoration of ALP) (Leader of the House) (10.14 a.m.): I public assets in State Government, some move— $3.4m. "(a) this House notes Report No. 38 of I take this opportunity to pay tribute to the the Members' Ethics and wonderful volunteers from the SES in Parliamentary Privileges Committee Townsville, Thuringowa and, in particular, Giru and the recommendation of the for their ongoing commitment to their Committee that a sessional order communities during and after these natural dealing with questions relating to disasters. Their dedication to their communities children be adopted as a matter of never ceases to impress me. priority; I also pay tribute and say thank you to the (b) the House adopt the Committee's employers of SES volunteers who, through recommendation; and their understanding and their commitment to (c) the proposed sessional order as their own communities, provide SES circulated to Members be agreed to volunteers with time off work to help in the by the House; viz— clean-up in their communities from these PROPOSED SESSIONAL ORDER natural disasters. WORDING OF QUESTIONS RELATING TO CHILDREN MEMBERS' ETHICS AND PARLIAMENTARY Restrictions on naming at-risk children PRIVILEGES COMMITTEE (i) A member may ask any question Report No. 40 without or on notice of a Minister concerning a child subject to the Hon. T. M. MACKENROTH (Chatsworth— Child Protection Act 1999 or the ALP) (Leader of the House) (10.14 a.m.): I Juvenile Justice Act 1992 so long as move— the question complies with this order "(a) this House notes Report No. 40 of and other existing orders. the Members' Ethics and (ii) A member should ensure that any Parliamentary Privileges Committee question concerning a child subject and the recommendation of the to the Child Protection Act 1999 or Committee that the Speaker on the Juvenile Justice Act 1992 is behalf of the House forward copies of asked in a non-identifying manner the Committee's report to the such as by replacing any identifying following— features likely to lead to the ¥ the Law Society of Queensland; identification of the child with a cipher such as 'name withheld]'. ¥ the Bar Association of Queensland; (iii) A member choosing to replace an identifying feature with a cipher when ¥ Mr Richard Wood's current and asking a question shall provide the immediately past employer; Clerk of the Parliament with the 'key' 752 Private Members' Statements 12 Apr 2000

to the full identifying features relating 8.5%, in just 12 months. The average to the question. unemployment rate in these communities (iv) Any member of the Legislative jumped from 12.6% to 13.1%—nearly double Assembly who so requests shall be the national average. granted access to the 'key' to the full These figures are the statistical face of a identifying features relating to the human tragedy. The figures show that the question by the Clerk of the communities in greatest need are worse off Parliament. now than they were 12 months ago. They (v) For the purpose of this order, the show that the Government has done virtually term 'non-identifying manner' refers nothing about unemployment rates of 10%, to information which if published 20% and 30% throughout Queensland. They would identify, or is likely to lead to show that the Beattie Government's jobs the identification of, a child the policies are not worth a cracker. More than subject of either the Child Protection 40% of the State's double digit hot spots are in Act 1999 or the Juvenile Justice Act metropolitan areas like Wacol and Woodridge, 1992." so this is not just a case of the city versus the bush. The fact is that Queensland as a whole Motion agreed to. is doing significantly worse than other States like New South Wales and Victoria. The NOTICE OF MOTION difference is that they did not promise 5% unemployment; the Premier did. Water Storage, Burnett River Mr SLACK (Burnett—NPA) (10.15 a.m.): I give notice that this evening I will move— Replacement of Liberal Senator Parer "That this Parliament notes that 10 Mr KAISER (Woodridge—ALP) months have elapsed since the Beattie (10.17 a.m.): The political career of Australia's Government voted to break the Premier's Defence Minister is now in the hands of the election promise to construct a major member for Clayfield. This follows a meeting water storage on the Burnett River within on Monday night to select 10 delegates from five years. Ryan to the Senate selection to choose a Further, that this Parliament replacement for former Liberal Senator condemns the Beattie Government for Warwick Parer. failing to progress the construction of the At that meeting 100 Taiwanese combined water storage any further since that date." with about 80 Santoro faction supporters to swamp the rest and take out all 10 spots. The PRIVATE MEMBERS' STATEMENTS involvement of the Taiwanese was organised by Michael Johnson, who has recruited 300 Unemployment members in an ethnic branch stack. Ironically, Dr WATSON (Moggill—LP) (Leader of the the 10 delegates chosen will vote for the Liberal Party) (10.15 a.m.): In 1998 the Beattie member for Clayfield's Senate candidate, Government took office on the promise of 5% George Brandis, who happens, ironically, to be unemployment, a promise it could not keep. the chairman of the Liberal Party committee The Premier's abject failure to deliver is supposedly investigating ethnic branch reflected in the latest Federal data on stacking. Queensland's unemployment hot spots. The Johnson has recently announced his number of statistical areas in double digit intention to challenge the Defence Minister for unemployment jumped from 93 in 1998 to 101 preselection. The question is: in return for in 1999, or nearly a quarter of the State's 446 Johnson's support for Brandis, will the member small labour markets monitored by the for Clayfield support Johnson? Is that the Department of Employment, Workplace deal? If so, the Defence Minister faces certain Relations and Small Business. defeat, because if the Santoro and Johnson These figures show that the numbers combine again, they will prevail, as unemployment rate and the number of they did on Monday night. The reason is the unemployed workers actually increased in two- preselection, which we were all told by the thirds of the State's double digit hot spots. media was off a couple of months back, is now They show that the Government is simply not back on. The delay was to allow the 100 delivering on its promise of jobs, jobs, jobs. Taiwanese Johnson supporters to become The number of unemployed workers in these eligible under Liberal Party rules, and Liberal double digit hot spots jumped by 4,500, or Party members know it. 12 Apr 2000 Private Members' Statements 753

Is all this ethnic branch stacking the Courier-Mail about patrols not being able encouraged by the member for Clayfield, the to respond to a Code 2 on time simply coalition's ethnic affairs spokesperson, because they do not have the numbers, the translating into a higher ethnic vote for the cars or the backup, because of the failure of Liberal Party? Of course not! The tactic, the Police Minister. coming as it does after the member for Time expired. Clayfield's deal with One Nation in 1998, is rebounding badly. The proof of that is in the 10.5% swing achieved recently by Labor in the Brisbane City Council Elections ward of Jamboree. Jamboree falls wholly within Mr SULLIVAN (Chermside—ALP) the Federal seat of Ryan and its ethnic (10.21 a.m.): Today, at 11 o'clock, the Lord community swung heavily to Labor. When will Mayor and 26 councillors will be sworn in at the the Prime Minister step in and end the ethnic ceremonial opening of Australia's largest local branch stacking which is damaging the government authority—the Brisbane City Liberals and putting at risk the career of his Council. Jim Soorley gained a remarkable Defence Minister? After all, this nation's fourth term vote of 56.1% for Lord Mayor, Defence Minister has had more important thrashing his Liberal opponent Gail Austen in things to do in recent times than protect his 25 of the 26 wards, and gaining more than back from the member for Clayfield. 50% of the first preference vote in 22 of those wards. Minister for Police Of the 26 councillors, 18 have been Mr HORAN (Toowoomba South—NPA) elected as members of Jim Soorley's Labor (10.18 a.m.): The failed performance of the team—18 out of 26, or a massive 70%. Some Minister for Police is now starting to show up in of those 18 are experienced members, such an epidemic of home burglaries throughout as Tim Quinn, Terry Hampson, for whom I was south-eastern Queensland. This Police proud to be campaign director, Sharon Minister has presided over the most pathetic Humphreys and Maureen Hayes. Newcomers Police budget in some eight years in include Victoria Newton, who takes over from Queensland, resulting in massive budget long-serving Labor stalwart Denise Herbert. But overruns and shortages in police regions there are two new councillors who are most across the length and breadth of the State. particularly welcomed by members on this side This Police Minister has presided over a 114- of the House—Rita Collins and Felicity Farmer, officer cut in the number of police recruited this who won what should have been safe Liberal year—114 extra police who could be out there wards of McDowall and Jamboree respectively. now trying to stem the tide of this epidemic of As one of Rita Collins' scrutineers in the home burglaries. But they have been cut by week following the election, it was a pleasure this Police Minister. This is the Police Minister seeing the faces of people like Con Galtos, who presides over a Police Service where only Michael Caltabiano and three-time Liberal some 70% of police officers are on operational loser Zenia Belcher as the reality of Rita's win duties. Of that 70%, large numbers are became more evident. One might well ask: undergoing training, are on sick leave or on why, with the redistribution making McDowall other duties that take them away from their an even safer Liberal seat, did the Liberals operational duties. No wonder there is a lose this gem of a ward? There are two main shortage of police to stop these burglaries. reasons. Firstly, there was a united Labor So what is the result? We have seen a team, which worked cooperatively to secure 17% increase in burglaries. We have seen a votes for Rita Collins and Jim Soorley. dramatic increase in the boldness of burglars, Secondly, we saw a disunited, squabbling and such that they are carrying out burglaries in disorganised rabble in the Liberal camp who daylight; the burglars have lost their fear of the were backstabbing each other and their police, because the Minister does not have mayoral candidate, Gail Austen. officers on the roads. Operational budgets in Amid the rubble of the Liberal Party central Queensland have been half a million preselection contests in the northern suburbs dollars over budget. The budget on the Gold can be seen the interfering and destructive Coast is three quarters of a million dollars over. hand of the self-seeking member for Clayfield, They are way over budget on the Sunshine Santo Santoro. Booth workers reported story Coast. But what do we see? Overtime cuts, after story of Liberal booth workers cuts in operational staff and cuts in the complaining about how they have been number of arrests in the latter half of police shabbily treated by their party. A common shifts! In addition, today we read a report in thread of complaint was the interfering, dead 754 Private Members' Statements 12 Apr 2000 hand of the ambitious and egotistical member destruction would occur. Queensland's for Clayfield. By contrast, the Labor team in preventive measures need to include three McDowall had members from all factions, from more steps: clearly marking the high-risk areas a variety of local branches and unions working on charts to warn masters of the extensive behind Jim Soorley and the party's central damages that could occur, developing a campaign team. We played the team game, thorough understanding of the ocean— and we won. I encourage the member for Time expired. Clayfield to continue his unique form of divisive politics within his Liberal Party. He is assisting Labor's cause significantly in the inner northern Kiwanis International suburbs of Brisbane. Mrs ATTWOOD (Mount Ommaney—ALP) Time expired. (10.25 a.m.): In March this year I had the pleasure of attending a regular dinner meeting of Kiwanis International for the western Great Barrier Reef, Oil Spills suburbs. Brent Walsh, former president of the Mr TURNER (Thuringowa—IND) south-west arm of Kiwanis, visited my office in (10.22 a.m.): The Great Barrier Reef, early February this year. Until then I had no extending over 1,000 miles of coastline, is idea about the organisation or its objectives. It Queensland's most precious natural treasure. has since become very clear to me that this Few Australians think of the Great Barrier Reef organisation, with a worldwide membership of as a shipping lane, yet 3,000 ships utilise the 330,000 people in 80 countries, contributes a inner route of the reef each year. Many are great deal in serving the children of the world. bulk carriers with significant quantities of This organisation provides a hands-on service bunker fuel on board. It is an extremely difficult in developing and assisting such projects as area to navigate, with reefs and restricted Heart Kids, Calico Dolls, the Terrific Kids channels, strong trade winds and tidal Program, Save Queensland Spectacles, Youth currents. Ships regularly traverse these Support Centres, Never Shake a Baby, the channels with the bottom of the hull only one Special Olympics, the Red Shield Appeal and or two metres off the seabed. History clearly Iodine Deficiency Disorders. records navigational difficulties in this area. There are high-risk areas, such as the inner The object of Kiwanis is to give primacy to the human or spiritual rather than the material route north of Cairns, Grafton Passage, Palm values of life, to encourage the daily living of Passage off Townsville and Hydrographers the golden rule in human relationships, to Passage off Mackay. promote the adoption and application of With 3,000 ships feeding into 13 ports higher social, business and professional along the coast, accidents do happen. There standards, to develop by precept and example have been 38 casualties over the past five a more intelligent, aggressive and serviceable years, with several ships running aground and citizenship, to provide through Kiwanis clubs a one holed. In 1995 the Svenborg Guardian practical means to form enduring friendships, grounded on Kurrimine Beach outside the to render altruistic service and build better compulsory piloting area. The bridge was communities, to cooperate in creating and unmanned for five hours prior to the maintaining the sound public opinion and high grounding. The Carola grounded, causing idealism which makes possible the increase in extensive damage to the reef. There was a righteousness, justice and goodwill. Its No. 1 pilot on board, but he was not on the bridge. priority is to assist in the welfare and wellbeing When the Peacock hit, causing substantial of young children. The meetings, which are damage to the reef, the pilot on board was held twice monthly, are meant to devise a asleep. Nearly all 38 incidents were caused by strategy to practically assist children in the human error. area. Members display true mateship towards The probability of a major oil spill is 37% one another and are passionate about over a five-year period, increasing to 84% over achieving their common goals. I am sure they a 20-year period. Minimisation and control of will take a great interest in local activities such risk must be achieved. The SRS logs ship as Zoe's Place and the Mount Ommaney movements, and we have a trained response Special School. I wish them all the best in their team should an accident occur. But all endeavours. response techniques are limited to sea, weather, time and local conditions. Should an oil spill reach our mangrove-lined shores, no First Home Owner Grant Scheme successful clean-up methods would be Mr LAMING (Mooloolah—LP) available and massive environmental (10.26 a.m.): This Government has been 12 Apr 2000 Questions Without Notice 755 doing little else but wail and whinge about inappropriate for the Premier of Queensland to what it perceives to be the negatives of the be a party to a fraudulent claim on the Federal coalition's new tax system, trying to Australian Taxation Office? score cheap political points instead of looking Mr BEATTIE: I find it interesting that the after the interests of home buyers and job Leader of the Liberal Party, who has been a seekers in Queensland. There has been not a member of two superannuation schemes in his word from one of them about the obvious political career, including the Federal one of advantages and benefits to Queensland of the which he was a member—did he double-dip or new tax system. did he roll it over into the State one? He is One example is the First Home Owners hardly in a pure position on this. Scheme, which all States signed off on. Some Dr WATSON: I rise to a point of order. States claimed that they signed off without The Premier would know quite clearly that it is approving the new tax system in principle just not possible to roll over the Federal so they could take the cash and continue to superannuation into the State scheme. It is whinge and moan. Meanwhile thousands of possible to roll over the State into the Federal. young Queenslanders risk missing out on the first home owners grant and thousands of Mr BEATTIE: So he just took the money building workers and apprentices will have out of his Federal scheme; is that right? He valuable work opportunities delayed, if not took the money out of the Federal squandered altogether, because this superannuation scheme and then he is going Government prefers to politic instead of to have another one here. So he will get two. providing homes for young couples and jobs, So he double-dipped. In the interests of the jobs, jobs. hypocrisy of all of this— There are only 10 weeks to go before the Mr Hamill: The big dipper. scheme commences. Where is the publicity Mr BEATTIE: The big dipper—here we from the Treasurer advising prospective first go, we have a new big dipper and we did not home purchasers of the details? Where is the even have to wait for the Exhibition to come legislation? Where is the promotion from the around. If the member opposite wants to get Minister for Housing that first home purchasers into the gutter about these issues, he does should start talking to builders, real estate himself no good at all. agents and bank managers right now so that the housing industry will be able to pick up any Mr BEANLAND: I rise to a point of order. post 1 July slack straightaway? They are both The Premier is just making a fool of himself, missing in action. No wonder Queensland has showing that he does not know anything about the highest mainland unemployment levels the issue. and rising. This Government should take a leaf Mr SPEAKER: Order! There is no point of out of Western Australia's book and order. I will not hear any more frivolous points immediately launch advertising material such of order. as the brochure I am holding, which I table. Mr BEATTIE: Now that I have highlighted This Government should print and distribute his double dipping, the Leader of the Liberal great brochures such as that from the Housing Party will not exactly be excited about this Ministry in Western Australia. The ad reads question any more. Let me make the point— "Finally some good mail". However, this Government simply cannot deliver. Dr WATSON: I rise to a point of order. Mr SPEAKER: Order! The time for private Mr BEATTIE: Does the member want to members' statements has expired. hear the answer or not? Dr WATSON: I do. I find that offensive. I did not double-dip. If the Premier checked all QUESTIONS WITHOUT NOTICE his facts, he would find out what is going on. Mr W. D'Arcy, Superannuation Payout He ought to do that before he makes such Dr WATSON (10.28 a.m.): I refer the outrageous remarks. Premier to his statement yesterday that he Mr SPEAKER: Order! Is the member sought legal advice regarding a $14,000 tax asking for a withdrawal? break on the $665,000 superannuation payout to serial bludger, Bill D'Arcy, and I ask: why did Dr WATSON: I demand he withdraw it. he approve this dodgy tax break if Crown Law Mr BEATTIE: I am happy to withdraw. I advised that he should not, why did he simply asked the member a question: did he withdraw his approval if Crown Law advised double-dip? He has been in two that it was legal and when did he realise it was superannuation schemes. 756 Questions Without Notice 12 Apr 2000

A Government member: They call him him to attend the Goodwill Games in Brisbane "super dip". next year? Mr BEATTIE: "Super dip"! The bottom Mr BEATTIE: I am delighted to answer line is very simply this— this question, because it actually talks about Mr Horan: Did you take the Labor Party something positive and constructive for superannuation? I bet you did! Queensland. I did have an opportunity to meet with President Bill Clinton in Columbia, South Mr SPEAKER: Order! I wish to listen to Carolina. President Clinton was in Columbia to the answer. address the reception for Democrat Mr BEATTIE: Good heavens! The Congressman James Clyburn. I had made it member opposite was not here yesterday. It is known in advance that I was keen to meet with funny; he is an empty vessel today. the President so that I could issue him with an Mr Horan interjected. invitation to the Goodwill Games, which I did at Mr SPEAKER: Order! I am going to listen the meeting with him. I handed him a letter of to the answer to this question. The member for invitation. Because it is important I will share it Toowoomba South will cease interjecting. with the House. It read— Mr BEATTIE: I think I have already "The State of Queensland, Australia, exposed the hypocrisy of the Leader of the is proud to have won the right to stage Liberal Party on the issue of superannuation. the next Goodwill Games—an event Let me tell him the position very simply. It is a created and nurtured by the United States clear case of us acting appropriately and of America. properly. I am chairman of the parliamentary In the darker days when east and superannuation fund. I sought Crown Law west never met, it was America which advice. As the Leader of the Opposition knows extended the hand of friendship and because he is one of the trustees, as do you, conciliation that exists within sport and Mr Speaker, because you are the other, Crown shook hands across an enormous chasm. Law gave us certain advice. It is quite unprecedented for us to discuss these That chasm has diminished in size matters, but since the member has asked me I but others have appeared and the ideal will do so. of the Goodwill Games is just as relevant and important now as it was. Dr Watson: You were the one who raised it. Queensland has a warm, friendly multicultural community which is looking Mr BEATTIE: Hang on, does the member forward to generating much goodwill want an answer to the question or not? As a during 'our' games in 2001. result of that Crown Law advice, it was the unanimous decision of the three trustees, It is in that spirit of outreach and in including the Leader of the Opposition and regard to the American tradition behind yourself, Mr Speaker, that we advise the the games that I invite you to attend the Australian Taxation Office that our view— 2001 Goodwill Games as a guest of Mr BORBIDGE: I rise to a point of order. Queensland. The Premier is not telling the entire story. I We would be much honoured by have never approved the payment. The other your attendance." trustees withdrew their approval for the payment. Queensland would be honoured to have President Clinton attend our Games. He did, in Mr SPEAKER: Order! There is no point of fact, visit Port Douglas, as the local member order. said, a couple of years ago. Indeed, this visit Mr BEATTIE: The extraordinary thing would again focus extra world media attention about this Parliament is that we have limited on the event and Queensland and would give the time for answers to three minutes, yet a significant boost to our tourism industry. when we seek to answer questions, all we get These Games will be the world's biggest are senseless points of order. sporting event in 2001 and they will also be the most watched televised sporting event of the year. Through the Nine Network and Goodwill Games, President Bill Clinton Turner Broadcasting Systems, they will be Mr SULLIVAN: I refer the Premier to his shown in 450 million households in more than recent trip to the United States, and I ask: 100 countries, and they will be showing 1,300 would he tell the House about his meeting with of the best athletes and teams from around US President Bill Clinton and his invitation to the world competing in Brisbane in an exciting 12 Apr 2000 Questions Without Notice 757 finals-only format between 29 August and 9 conduct the Goodwill Games that will do this September. State proud. What we continually see from the During my meeting with the President, he Leader of the Opposition is a man who wants recalled in very positive terms his visit to to wreck Queensland. He will go down in Queensland and, in particular, his very positive history as the great wrecker. It is the job and visit to Port Douglas. He said to me that he the role and the responsibility of the Trade recalled the magnificent Daintree rainforest Commissioner to do everything he possibly and he recalled his visit to north Queensland can not only to further and advance trade specifically. Since that time, we had President opportunities but to ensure that the Goodwill Jiang Zemin here last year. Heather and I, on Games are a success. behalf of the Queensland Government, had When he was appointed, one of the the opportunity to host him on the Great reasons why I said that his appointment was a Barrier Reef and the Minister for Transport good appointment by the Deputy Premier's hosted him at a function in Port Douglas. We department is that he had personal experience have had a number of distinguished visitors with the Goodwill Games. Who signed the here, not just President Clinton but President agreement with Ted Turner? Bob Gibbs did! Jiang Zemin last year. All of that is great for Who was there with the Vice-President of the the Queensland tourism industry. All of that is United States, soon to be possibly the great for the promotion of our second biggest President of the United States ,depending on industry, and we will continue to invite such the election? Bob Gibbs was! So who was the distinguished people to this State. best person to go to Lake Placid along with Wayne Goss to ensure that we learned from that experience and to ensure that our Goodwill Games, Mr R. Gibbs Goodwill Games are a success? The answer Mr BORBIDGE: I refer the Premier to the is: Bob Gibbs. recent two-week networking expedition by his I know that the Leader of the Opposition $250,000 a year Trade Commissioner and wants to play cheap politics. I know that his former Minister, Mr Gibbs, to the four-day leadership is in trouble and he will do and say winter Goodwill Games at the US resort of anything to stay in the job, but he should not Lake Placid, and I ask: in view of the defence seek to destroy Queensland and destroy one of this latest exercise in indulgence by the of the biggest sporting events in the world and Deputy Premier, who apparently encouraged what it means for Queensland in his lust and this networking exercise at taxpayers' expense, determination to cling to the Leader of the can he provide the House with full details of Opposition's role. He is not worthy of that Mr Gibbs' program and can he advise the position, and his behaviour is not worthy of House whether Mr Gibbs is likely to be that position. I have no hesitation in standing networking at taxpayers' expense at such here today and supporting and justifying that events as the US Golf Open, the Super Bowl, visit. I have no hesitation in doing that the World Series baseball play-offs or the because it is out there for Queensland. Kentucky Derby? Bob Gibbs has been there for a little Mr Sullivan: Slime, slime, slime. while. When I visited Silicon Valley, Bob Gibbs Mr BEATTIE: This question deserves a was with me. We now have three major very serious answer and the Leader of the initiatives out of Silicon Valley including Oracle, Opposition will get one. I just provided to the Sun Systems and another involving Red Hat. House a detailed indication of how significant Red Hat has located its regional headquarters the Goodwill Games are going to be for in Queensland. Bob Gibbs has not only started Queensland. They are going to provide this to deliver but he is delivering within a short State with unprecedented exposure to the period. He is doing a good job and the Leader world, which means jobs in tourism. of the Opposition hates it. Of course the Trade Commissioner was going to join Wayne Goss at the winter Goodwill Games, Mr R. Gibbs Goodwill Games. Of course he was going to Mr BORBIDGE: I refer the Premier again do so, and why would he do so? I will tell to the US Trade Commissioner's two-week visit honourable members now. The member to Lake Placid for the four-day winter Goodwill opposite does not need any more detailed Games and the fact that he was on this report, I will tell him now. The reason is very networking expedition for two weeks. I ask the simple: to ensure that the high professional Premier: can he confirm that on route to Lake standard that is a hallmark of the Goodwill Placid Mr Gibbs took a chopper tour of New Games is repeated here so that we can York in a New York Police Department 758 Questions Without Notice 12 Apr 2000 helicopter? How does this fit into the definition Mr BEATTIE: Mr Speaker, in accordance of networking for the Goodwill Games? with Standing Orders, I withdraw. Mr BEATTIE: I do not have the details of Mr SPEAKER: The Premier has every tiny bit of Bob Gibbs' itinerary. If the withdrawn. Leader of the Opposition thinks that the Mr BEATTIE: There is one thing I find Premier of Queensland should run around extraordinary. We are talking about the use of checking the itinerary on a day-to-day basis for helicopters. I recall that when the Leader of every trade commissioner we have, frankly, it is the Opposition was the Premier he used the something the member did not do when he helicopter for trips between here and the Gold was Premier. Let me make it very clear: what Coast on a regular basis to come to work. we are seeing in this Parliament today is the most base politics of the worst kind where the Mr Borbidge interjected. Leader of the Opposition is prepared to Mr BEATTIE: Oh, yes, you did. If the destroy Queensland's interests to try to get member wants to get into this mud and this himself on the six o'clock news. hypocritical nonsense, let us look at his track record of how often he used the helicopter. Let Mr Borbidge: Oh! us be really clear about this. The visit to Lake Mr BEATTIE: What does the member Placid was about ensuring that the— think happens with this? The Goodwill Games Mr Borbidge: A big difference between are the best thing that has happened to work and sightseeing. tourism in this State for probably 10 years. What he is seeking to do is undermine it to try Mr BEATTIE: He admits the use of the to win a vote. One of the things that I am helicopter. Thank you for that. Let us be really proud of— clear about it. The visit to Lake Placid was about ensuring that the Goodwill Games were Mr BORBIDGE: I rise to a point of order. a success. Let me tell the House this: those That remark is totally offensive. The question Goodwill Games will be a success no matter related to why the Minister needed two weeks how hard Mr Borbidge and his mates try to to visit a four-day event. undermine them and undermine Queensland. Mr BEATTIE: One of the things I am The Opposition Leader will go down in proud of is that when we were in Opposition, Queensland as the great wrecker. In the next the Deputy Premier and I, who had State election I look forward to us going out responsibility for trade matters—we did in there with our positive record and the Opposition as we do in Government—not once Opposition Leader going out there as a sought to undermine Queensland's interests whinger and a wrecker in the gutter as usual overseas. Not once did I attack a trade visit. trying to destroy Queensland. I know what Not once did I attack a trade activity when we Queenslanders want. They want a successful were advancing trade opportunities. There is Goodwill Games to drive jobs, and we are consistent behaviour here. When I came back going to deliver them. from my visit to the United States, Santo Santoro, the member for Clayfield, set out to South Bank Grand Arbour try to undermine— Mr PURCELL: My question is to the Mr BORBIDGE: I rise to a point of order. Premier. I refer to the ongoing evolution of The Premier is misleading the House. He South Bank. I ask: can the Premier tell the attacked former Ministers Veivers and House about today's official opening of a McCauley in respect of one trip to attract the kilometre-long grand arbour? US Olympic team to Queensland and another Mr BEATTIE: This is another positive trip relating to the Expo bid. Tell the truth! thing by this can-do Government. I am Mr SPEAKER: That is not a point of order delighted that at 1.15 today I will be officially and the member is not allowed to debate it. opening the South Bank arbour, another great Mr SANTORO: I rise to a point of order. achievement of this Government. This one- The Premier has just suggested that I attacked kilometre grand arbour adds another him over his overseas trip. I did not attack him. dimension to one of Australia's great urban I find the Premier's comments offensive and I spaces. The South Bank Corporation has ask that they be withdrawn. augmented the achievements of Expo 88, with the support of the Government, by Mr SPEAKER: That is no point of order. transforming this site into an impressive mix of We are not here to debate the issue. The recreational, residential, commercial and member will resume his seat. environmental development. 12 Apr 2000 Questions Without Notice 759

The original $110m parkland This is going to be a great addition to the heart development in 1992 exemplified what could of this city. be achieved through public consultation and State Government and Brisbane City Council support and cooperation. Six years later, in Small Business 1998, work began on the $81m Mr SANTORO: I refer the Premier to redevelopment of South Bank. Grey Street claims that he has made consistently that, has been realigned and reopened to two-way because Queensland is the small business traffic and is far more pedestrian friendly. The State, it is experiencing, in a disproportionate piazza has been opened up. There is more manner, the impact of the yet to be room to move. Parking has been moved implemented GST. I table a series of ABS underground and there are more than two statistics which detail the statistical profile of hectares of extra green space added to South small businesses in Australia. The table shows Bank. The South Bank master plan has that the proportion of non-agricultural small already resulted in a number of major business to people in Queensland is 1 to 20 investments such as residential development, and in another States ranges from a high of 1 the IMAX/Hoyts movie theatres and the Thiess to 18 to a low of 1 to 22. I ask the Premier: Centre. how does the Premier reconcile his claim that Yet there is more to come. The Griffith Queensland is the small business State when University's Queensland College of Art will the official statistics show that in fact the soon start work refurbishing the old South proportion of small businesses to population is Bank House and building an adjoining studio relatively similar throughout Australia? How can complex in readiness for the college to the Premier plead that his failure as a job relocate to South Bank in 2002. The Mirvac creator is the fault of a fact of economic Group has been selected as the preferred demography that does not exist and a tax developer and next month will commence replacing other taxes that has yet to take Stage 1 of a $100m residential, retail and effect? commercial development known as the Arbour Mr BEATTIE: For the life of me, I cannot on Grey. A pedestrian cycle bridge across the understand why he would take out agricultural Brisbane River will eventually connect the small business. I know that he is a Liberal Maritime Museum at South Bank with the Party member, but why is he so anti the bush? Queensland University of Technology and, of How can he come in here and talk about course, the heart of the city. statistics when he takes out agricultural small I am pleased to announce today a three- business? What is wrong with agricultural small year sponsorship by Energex and the naming business? Why does the Liberal Party hate the of the Energex Brisbane Arbour. By the end of bush? this month, two interactive displays will be in Mr SANTORO: Mr Speaker, I rise to a place to demonstrate the value of using point of order. For the benefit of the Premier, it natural energy through solar and wind power is non-agricultural small business. and 10 information boards will also line the Mr BEATTIE: What is the matter with the arbour featuring messages about the earth's member for Clayfield? Why does he hate the environment and weather patterns bush? Why does the Liberal Party hate the encouraging people to think clean and green. I bush? commend the architects, Denton Corker Marshall, for their design and, of course, South Mr SANTORO: Mr Speaker, I rise to a Bank for working with the Government and point of order. The Honourable the Premier is continuing to develop another major project for misrepresenting my statements. this city and for this State. Mr SPEAKER: Order! That is no point of Unlike the Opposition, this Government order. does not sit around whingeing and moaning. Mr BEATTIE: Why does the member hate We are getting on with the job. Queensland the bush? needs a Government that can deliver, and that Mr SANTORO: I find the comments that I is what Queensland has got. This Government is out there ensuring that the heart of the city am attacking the bush offensive. I did not will act as a magnet to attract tourists from make those statements—I referred to non- around the world and to also ensure that the agricultural small business—and I ask the people of Brisbane have an opportunity to Premier to withdraw them. enjoy this city, which is the most livable city in Mr BEATTIE: I withdraw, but let the record the world. I am proud of what the Government state it for itself. He talks about small business is doing and so are the people of Queensland. but he takes agricultural small business out. 760 Questions Without Notice 12 Apr 2000

What is wrong with agricultural small business? costs of the GST are instead directed to Let the record show that that is an attempt to paying off higher mortgage interest. That attack agricultural small business. My might work to hold down inflation, but it will Government values agricultural small business. mean that private consumption expenditure Mr SANTORO: Mr Speaker, the Premier is will dry up, because ordinary families will have being deliberately offensive. I have corrected no compensation for the price hikes created by his misunderstanding—not the record but his the GST. misunderstanding. I referred to non-agricultural Business and the economy overall will small businesses. He knows that. suffer. This is to allow the introduction of John Mr SPEAKER: Order! I refer to my Howard's GST, supported by the Leader of the previous rulings about frivolous points of order. National Party, the Leader of the Liberal Party and the formal Opposition in this State. Mr SANTORO: I find the comments by Secondly, business people are beginning to the Premier that I was attacking the bush, realise just what an administrative nightmare which he repeated, offensive and I ask him to the GST will be. withdraw them again. At the next State election, whenever that Mr BEATTIE: I withdraw it. Let me put on will be next year, I will go out on behalf of this the record that this Government values Government and say very clearly, "We oppose agricultural small business. I will stand by and the GST." The Leader of the National Party, support agricultural small business in this the Leader of the Liberal Party and the State, because it is real hard work and they Opposition will be like rabbits in the spotlight. are good people doing a great job for this They will have to put their hands up and say, State. That is what they are. Labor has "We are disciples of the GST." Every one of continually warned, as I have— those small business people and every one of Opposition members interjecting. those farmers who run into trouble will know Mr BEATTIE: They do not like it. They are that it was the GST. Those opposite are the out there undermining small business again. GST disciples. Labor has continually warned that the Howard GST package threatens to destroy our low inflation environment, and the recent actions Goods and Services Tax of the Reserve Bank in increasing interest Mr PITT: Can the Deputy Premier and rates prove our point. Minister for State Development and Minister David Hale, the word renowned chief for Trade advise of the support that the economist for the Zurich group, is certain that Government is giving to Queensland small the interest rate increases are all about the business to help them adjust to the new goods GST. He told the AM program yesterday and services tax being introduced by the morning— Federal coalition Government? "... the reality is GST, coupled with the Mr ELDER: I thank the member for the weak currency, are the two major forces question. Just before I answer, I welcome my driving Australian monetary policy today." father and stepmother for their first visit into Parliament House. I am sure they are finding it He went on to say— interesting. They do not think much of the "... the Reserve Bank doesn't want to link GST, either. interest rate hikes explicitly to the GST I will deal with some of the matters raised because that in turn could embarrass the by the Leader of the Opposition. It is my Government"— understanding—I will check the facts—that the that is the Federal Government— helicopter ride was to look at infrastructure and "and cause controversy with the Federal transport arrangements in New York, the last Treasurer." host of the Goodwill Games. It was taken on the invitation of the New York police force to Those are not my words; they are the words of look at infrastructure and security measures an independent assessor, who says that the around those games and how they impacted GST is behind the interest rate increases. on New York. That is a quite appropriate use What do honourable members opposite say of the helicopter because it was at their about that? invitation. It just shows how the Leader of the No-one hates the truth like Peter Costello. Opposition comes in here and misleads. He is In its desperation to hold down inflation, the a wrecker. Those games are important for us Reserve Bank is ensuring that the income tax and the trip was at their invitation. I will check cuts that are supposed to offset the extra the facts, as I always do. 12 Apr 2000 Questions Without Notice 761

Mr Schwarten: We flew Ted Turner over an 18% survival of fingerlings to market size. here, too. Most, in fact, have closed down. Four eminent Mr ELDER: We did fly Ted Turner here, scientists at the University of Queensland think too. But it is one rule for us and it is another that there is an urgent need for planned rule for Bob Gibbs when he is in New York. research. Departmental officers do not think This is typical of the hypocrisy and duplicitous there is a problem, nor a need for research. position of the Leader of the Opposition on Can the Minister please explain why? this. Mr PALASZCZUK: The member has The GST will haunt those opposite. There asked a very detailed question in relation to are three things that will haunt the Opposition issues relating to aquaculture. at the next election, and they are G-S-T. My Mr Littleproud interjected. department has been hosting seminars Mr PALASZCZUK: No, quite seriously. I around the State. Small businesspeople have would like the member to put that on notice, been coming in their hoards. There were 300 and I will get back to him when I have a in the Opposition Leader's electorate on the detailed response. Gold Coast, 250 in Ipswich, 200 in Toowoomba, 200 on the Sunshine Coast, 100 in Gympie, 130 in Maryborough, 180 in Hervey Gaming Bay, 300 in Bundaberg, 325 in Gladstone, 250 Ms BOYLE: I refer the Treasurer to his in Rockhampton, 150 in Mackay, 200 in ministerial statement on gambling in Townsville, 200 in Cairns and 120 in Mount Queensland, and I ask: how will the public be Isa. All of those small businesses are scared of able to have a greater say in the location and the GST and the impacts that it will have on extent of gaming activities in their their businesses. communities? If those opposite think they can treat their Mr HAMILL: I thank the honourable constituency with the disregard they have in member for the question. I place on record my relation to the impact of the introduction of the appreciation of the very good work that she did tax of the Leader of the Opposition and the as part of the gaming review last year, in Leader of the Liberal Party—people are conjunction with the members for Cleveland turning up in large numbers in the electorates and Archerfield. One of the issues highlighted of those opposite to exercise their in that report was the desire of the wider concern—then they are completely mistaken. community to have a direct say in decisions This tax will have a political impact on the about not only the location of gaming venues Opposition backbench. It will be blown away. in the community but also the scope, size and The GST is a time bomb ticking away in the extent of those venues. broader community but specifically in the constituency base of those opposite. At the As I announced this morning, as part of end of the day, the ones who suffer will be the Government's direction in respect of those opposite. gambling in this State we will give the public the direct input that the public requires in I am pleased that those opposite have respect of gaming in the community. Last year accepted the challenge to go to an election on in this Parliament all members supported the GST. Every one of us has been waiting for amendments to the Act to enable the Gaming the challenge to go to an election on the GST. Commission to take into account the social I am pleased that they have the intestinal and economic impacts of gaming in respect of fortitude to stand up and say, "We support the licensing matters. That was an important first GST. Take us to an election and just see how step. we go." I will tell them how they will go. It will be like the leadership of the member for These policy decisions will give the public Surfers Paradise, when they pick him off similar sorts of input to those which they have before the election. They will go down in a in relation to licensing questions under the screaming heap. Liquor Act. We can deliver that by getting greater consistency between gaming licensing decisions and Liquor Act licensing decisions. Aquaculture If someone wants to establish a tavern in Dr KINGSTON: My question is directed to a certain place, we should let the public know the Minister for Primary Industries. A recent right away up front that it is going to be a QDPI Fisheries report stated that the 30 to 40 tavern, that the proponent wants to have a recirculating aquaculture farms in Queensland liquor licence and that he also wants to have had an average annual income of $2,000 and gaming machines. This policy would allow the 762 Questions Without Notice 12 Apr 2000 public to express their views to the Gaming I am happy to talk about the Cape York Commission when the Gaming Commission is partnership plan. I have never criticised Mr considering the licensing of that venue for the Noel Pearson or the partnership plan. In fact, I purposes of machine gaming. That is a desire believe it is a very positive move by the that the public has had. The public's desires Queensland Government to work with the are being met through the Government's Cape York people and Mr Pearson. It will policy announcement. develop a new way of doing business with I might also say that another important indigenous people in the cape. element of the public having a direct input is in I have told many indigenous people in the relation to increasing the number of gaming cape that, as their representative in this machines at licensed sites and venues. If a Parliament, I am happy to listen to all sides of hotel or club wants to increase the number of the argument concerning Cape York. I am gaming machines on its premises the public aware, as are members on both sides of this has a right to have a say about that matter. Chamber, that not everyone is about to fall The Gaming Commission will take the views of into line with the Cape York partnership plan at the public into account in determining whether this stage. People tell me that they need more that request or that application will be acceded consultation—and they do. They need to to. understand what is being proposed in the I believe that these are very important partnership plan. I am happy to listen to them reforms—reforms which ensure that the people and take their views back to the Premier—and of Queensland have control over gaming in I have done that on a number of occasions. Queensland. The Deputy Leader of the Opposition referred to a conversation that he suspects I had with some woman in Mapoon last month. Cape York Partnership Plan His information is incorrect. I do not know Mr SPRINGBORG: My question is where he gets his information from, but it is not directed to the Minister for Aboriginal and correct. I did in fact take the journalist, Wayne Torres Strait Islander Policy. I refer the Minister Smith, on my tour to Mapoon and Napranum to her own personal reservations about the last month. He was party to every conversation Beattie Government's endorsement of Noel that I had with indigenous people. He sat there Pearson's proposed Cape York partnership as we talked about a wide range of issues. plan, and I ask: when an Aboriginal woman Once again, the Deputy Leader of the approached the Minister in Weipa a little over Opposition's information is incorrect. a week ago to express her concerns about the Beattie Government's endorsement of the plan, what did she hope to achieve by taking Gaming the Aboriginal woman to one side and giving Ms STRUTHERS: My question is directed her the name and phone number of Courier- to the Treasurer. I refer the Treasurer to his Mail journalist Wayne Smith? ministerial statement on gambling and, in Ms SPENCE: This is truly an historic day particular, the imposition of the $20 note limit in this Parliament. After 85 sitting days, this is on gaming machines, and I ask: can the the first time that we have had a question Treasurer advise the House of the purpose of about Aboriginal and Torres Strait Islander this reform? policy from the coalition—and it is a negative Mr HAMILL: If I might reiterate my question. Those opposite could not even show comments in relation to an earlier question up at Estimates and ask me a question about from the member for Cairns, I also want to my department. Finally we have a question. place on the record my appreciation for the It is no wonder that those opposite avoid contribution made by the member for speaking about Aboriginal and Torres Strait Archerfield to the gaming review. I am sure the Islander issues in this place, because every member for Archerfield would be aware of the time they do they get themselves into trouble. developments that have occurred in relation to For instance, consider the actions of the machine gaming, not only in Queensland but Leader of the Opposition last year with regard in Australia. to the "sorry" motion. He was so offensive that When most people think of gaming indigenous people walked out of this machines they think of the old one-armed Chamber. Last year, the member for bandits. They also associate it with the sound Beaudesert talked about the Mapoon of coins coming from the machines—at least if community and said that the people residing one was lucky enough to have a win. However, there were living in straw huts. Disgraceful! there have been significant changes in 12 Apr 2000 Questions Without Notice 763 technology in the industry. It is now an refer him to the much-publicised collapse of electronic industry. In recent times we have the Howard Smith Wharves into the Brisbane seen the almost total abandonment of coins River last month and to his impending being put into machines. More and more we announcement of a land swap with the find that machines are linked to banknote Brisbane City Council of the Howard Smith acceptors. The banknote acceptors scan the wharf site for land adjacent to the existing banknote and recognise the value of the cultural centre at South Brisbane that is banknote that is being placed into the currently the home of the Commercial Rowing machine. Club, and I ask: what are the terms and There has been no limit on the value of conditions of this land deal and when can the the banknote. I guess the only limit is the ratepayers of Brisbane and the taxpayers of value of the banknotes that are in circulation at Queensland expect to be informed of the the time. For example, if the Australian estimated $6m bill for repositioning the existing Government introduced a $500 banknote at rowing club to a new location? some time in the future, the technology would Mr SCHWARTEN: I thank the honourable allow that note to be scanned and recognised member for the question and for yet more and that value would be recorded on the evidence of how unsuited he is to the role of machine. If one happened to be addicted to shadow Minister for both Housing and Public the use of these machines it would keep one Works. Already this morning we have heard his going for that much longer without having to comments about the GST and his lack of move away from the machine. understanding of the effect that it will have on As part of the green paper consultations, I housing in Queensland. I guess it brings to visited the casinos in north Queensland. When mind the old adage that one does not really the note acceptors were being emptied in the need to have pink and grey feathers to prove casinos I saw the number of $100 bills that that one is a galah. were being recovered. I was appalled. It was In relation to the Howard Smith wharf quite alarming. matter, the truth is that we know that the This issue has been highlighted in the honourable member has been snooping report of the Productivity Commission on around on the issue. He has been trying to get gaming in Australia. It highlights the fact that other agencies on side, and has not been able the small proportion of the population who are to do so. It is a matter of regret that the the real problem gamblers make extensive use openness of this Government entitled the of machines with note acceptors. This allows member to have a full briefing on this matter, the people to stay at the machine longer and which he took the opportunity of having, yet he churn the money over. I guess that is probably comes in here and continues to bring in these pretty good for the operators. Problem conspiracy theories. gamblers in Australia lose, on average, about There has been no deal signed, sealed $12,000 a year. I find that a very frightening and delivered. There is no great secret about figure. the fact that the Brisbane City Council has an We are attempting to do two things by interest in the area. I am sorry that it has taken limiting note acceptors to denominations up to the member so long to work that out. When $20. Firstly, we are trying to stop the excessive the detail of all of that is made available, as use of the machines for that purpose. usual the member will be one of the first to Secondly, we want to stop—before it takes know. off—the prospect of using a credit card to swipe through a machine. To me, that would be the most horrific development of all. I am Anzac Day Trust Appeal stating here and now that we will not allow the Mr MULHERIN: I ask the Minister for use of credit cards to be swiped through Employment, Training and Industrial Relations: gaming machines. Whilst that technology will could he outline the annual Anzac Day Trust come, I believe it is important that, if one is Appeal and its benefits to war veterans and using that technology, it has to be by way of their families? prepaid cards similar to phone cards. This will help us to keep a rein on the industry in this Mr BRADDY: With the approach of Anzac area. Day this year, this question is very important. In 1965, the Queensland Government established the Anzac Day Trust under the Howard Smith Wharf Site same legislation that provides for places of Mr LAMING: My question is directed to public entertainment and amusement to open the Minister for Public Works and Housing. I during the afternoon and the evening of Anzac 764 Questions Without Notice 12 Apr 2000

Day. Since that year—1965—the Anzac Day in Queensland Rail. He has not only been Trust has distributed funds to institutions, wrong; he has also been dishonest. organisations and associations that provide Mr Johnson: So the AMWU is wrong, too, financial assistance to ex-service personnel old mate? Have you read this one of 23 and their dependants. Therefore, it is a March? tradition—and a very worthy tradition—for businesses and commercial enterprises that Mr SPEAKER: Order! Will the member trade on Anzac Day to make a voluntary allow the Minister to answer the question. contribution to the trust. In the annual appeal, Mr Hamill: Isn't this a scheme that he launched just prior to Anzac Day, we sent introduced? nearly 2,000 letters to businesses that are Mr BREDHAUER: This is. Let me just go permitted to trade during the afternoon and back to the question, because the evening of Anzac Day urging them to donate scaremongering that has been undertaken by part of the day's proceeds to the trust. I have the member for Gregory and other members to inform the House that those businesses on the other side of the House— targeted included hotels, restaurants, sporting organisations, tourist attractions and social Mr JOHNSON: Mr Speaker, there has clubs. been no scaremongering by the honourable member for Gregory. What I will say is that the The need for assistance is as strong as railway unions and the railway workshops want ever, as war veterans age and become more the truth from this Minister, and they are not dependent on community assistance. So I am getting it. urging all Queenslanders, and particularly Mr SPEAKER: Order! This is not the place businesses, to this year dig deep and support to debate it. The member has just asked the the worthy appeal. Those Queensland question. He should let the Minister answer it. businesses who benefit from the relaxation of Anzac Day trading hours are most strongly Mr BREDHAUER: The honourable urged to donate some of their day's trading member suggested that Queensland Rail is profits to the trust. advertising for redundancies. That is not true. Queensland Rail has, in its weekly notice, I know that some of the businesses are called for expressions of interest from people still not familiar with this arrangement. It is who may be interested in discussing with important that we get the message out to Queensland Rail the possibility of a separation them. I also ask all members of this place to under the terms of a voluntary early retirement help the trust and the war veterans who scheme that was agreed to by all of the railway benefit from it by encouraging businesses in unions in Queensland last year. their electorates that are permitted to trade on Anzac Day to give generously to the cause. Mr Johnson: But not the AMWU. You haven't even consulted with them. They say that here. Queensland Rail Mr BREDHAUER: Last year, all of the Mr JOHNSON: I ask the Minister for railway unions agreed to the terms of the new Transport and Minister for Main Roads: as voluntary early retirement scheme that was Queensland Rail is now advertising Statewide negotiated with Queensland Rail. Previously for rail workers to accept voluntary separation, there had been a voluntary early retirement can the Minister advise how many voluntary scheme, which was started by the Treasurer separations Queensland Rail will be offering? when he was the Minister for Transport and Are the positions so vacated to be retained or which was continued. Can I say that the are these jobs to be lost from Queensland Rail statement of corporate intent that came out by the Beattie Labor Government? Will the under the member for Gregory when he was Minister advise rail workers if this scheme of the Minister for Transport in 1997 indicated separation has the full support of all rail that he was pursuing job reductions in unions? Queensland Rail to reduce the work force. Mr JOHNSON: I rise to a point of order. Mr BREDHAUER: I thank the member for Mr Speaker, The Minister is misleading the Gregory for his question. At the outset, can I House. For his reference, I table this document say that the initial statement that he made to let him know what the unions are saying. about the expressions of interest in relation to voluntary early retirements is wrong, as has Mr SPEAKER: There is no point of order. been his blatant political scaremongering The member will resume his seat. around railway workshops and other places in Mr BREDHAUER: In 1997, the statement the State of Queensland on the issue of jobs of corporate intent indicated that the member 12 Apr 2000 Questions Without Notice 765 was pursuing job losses in Queensland Rail of GST having to be charged on the transaction. the order of 3,000. That would have taken the A community group wanting to hire a hall after number of railway workers in Queensland the introduction of the GST would have to go down to 12,000. The VER agreement, which is to the private school system, not to the State in place in Queensland now, was agreed to by school system, if it wanted to be exempt from all of the rail unions in negotiations with the GST. Queensland Rail last year. Fund raising activities—for example, raffles—for private schools as charitable Goods and Services Tax institutions will be GST-free, while similar activities for public schools will be taxable. This Mr LUCAS: I direct my question to the is the coalition Governments's GST. Every Honourable Minister for Education and ask: will member on both sides of this House has a schools be ready for the introduction of the State school in their electorate. I call on them GST? to ensure that this discriminatory practice that Mr WELLS: Before I begin, may I note is being proposed by the Commonwealth the presence in the gallery of students, coalition Government in the introduction of the parents and teachers from Kallangur State coalition GST—the Government Schools Tax— School. does not proceed. Whether the schools will be ready for the introduction of the GST is going to depend to Vegetation Management a certain extent on what the Commonwealth Government does and, in particular, whether Dr PRENZLER: I ask the Minister for the Australian Taxation Office starts to give Natural Resources:why will his department not any sensible rulings. supply to the members of Parliament whose The charitable, religious and non-profit electorates are affected by the Vegetation organisations booklet that was issued by the Management Act the relevant maps Australian Taxation Office on 10 December designating the protected areas? These maps states clearly that schools are charitable are vital to allow affected land owners to organisations for the purposes of the GST. assess the situation, to discuss their problems However, on 22 December 1999 the Australian with their local member of Parliament and to Taxation Office issued a draft ruling titled make their plans to minimise the damage to "Income tax and fringe benefits tax", which their future viability. states that draft taxation rulings represent the Mr WELFORD: Within the past couple of preliminary, though considered, views of the months I have conducted regional forums on Australian Taxation Office. In part, that draft the new vegetation management planning ruling states— proposals right across Queensland. I have "Governmental departments and been to Bundaberg, Wondai, Mundubbera, organizations are unlikely to be charitable Rockhampton, Charters Towers, Toowoomba, organizations. They are simply performing Roma and Augathella—just about everywhere a governmental responsibility." you can imagine. I have been everywhere and I have spoken to land-holders right across the On 31 March this year an article appeared State about how these new planning in the Australian indicating that private schools guidelines will work. will have the status of charitable institutions while publicly funded schools will not. The At all of those meetings, the land-holders Director of Financial Accounting of the have had available to them the draft maps of Department of Education has indicated that the conservation status of the various the Australian Taxation Office has confirmed vegetation or regional ecosystems. Those that this is true. In other words, the road that maps will be refined as part of a regional the Commonwealth Government is apparently planning process at a local level in which all going down—and this document demonstrates land-holders will have the opportunity to be that—is to say that private schools are involved. Members of Parliament are entitled charitable organisations and, therefore, will be to come along to as many of the forums and exempt from GST, but State schools will not. as many of the briefings as they like. The consequences of this distinction between It is interesting to note that the planning State and non-State schools include non- framework that we have established has commercial activities carried out by non-State recently been endorsed by Senator Hill. When schools as charitable organisations will not he went to Longreach to talk to the National attract GST, while similar activities in State Party, Senator Hill gave the National Party a schools such as the hire of a hall will result in good old lecture on what sorts of things the 766 Questions Without Notice 12 Apr 2000

Federal Government was going to expect out message, I will provide further proof. It comes of the vegetation planning framework in not from the Queensland Government or the Queensland. Let me say that the requirements tourism industry, but from the operators of the that Senator Hill laid down were precisely the Great South Pacific Express, one of the world's planning framework that our Government had greatest trains. The operators of the train, established but which the Opposition have which runs between Cairns, Brisbane and been doing their best to undermine and to get Sydney, had been successfully inaugurated the Federal Government not to support. last year and had set its sights on becoming a Senator Hill gave them a good lecture about it new and highly visible drawcard to encourage and told them what was required to protect high end tourism to Australia from international endangered communities and to protect markets and reinforce Australia's image as a vulnerable communities of vegetation so that destination capable of delivering the highest we maintain a diverse landscape and maintain standards of service and hospitality the long-term productive potential of our rural comparable with the best in the world. industries. We are waiting to see what the This is a direct quote from those National Party and the coalition are going to operators. They believe that the GST, do in response to that. "seriously prejudices the short term prospects Dr PRENZLER: I rise to a point of order. I of our embryonic business." Long distance asked the Minister would he supply the maps train travel sold overseas to tourists is an to members of Parliament. Will he or won't he? effective export and it should be GST exempt. Mr WELFORD: Obviously the member I wonder if the Leader of the Opposition was not listening when, two minutes ago, I supports that? It is also anomalous in the made it clear that the draft maps are available extreme that domestic air and sea travel sold at every DNR office across the State. They will overseas— be made available at the forums that we are Mr BORBIDGE: I rise to a point of order. holding to inform people, they will be available In reply to the Minister, the Treasurer is already at the planning meetings that local on record as opposing any further exemptions communities are going to be involved in and to the GST. they will be finalised with the help of local Mr SPEAKER: Order! There is no point of communities and individual land-holders and order. everyone will be able to see them before they need to put in an application. Mr HAMILL: I rise to a point of order. The interjection from the Leader of the Opposition is typical of his comments in this place; laced Goods and Services Tax with half-truths. In fact, nothing could be further from the truth than the statement he Mr HAYWARD: I direct a question to the made. I ask him to withdraw as I find it not only Minister for Tourism and Racing. The untrue but offensive. Opposition Tourism spokesman in this House has accused the Beattie Government of Mr SPEAKER: Order! The Treasurer finds conducting a scare campaign in the lead-up to your remarks offensive. the introduction of the Federal Government's Mr BORBIDGE: He wrote to the Federal GST. I ask: can the Minister inform the house Treasurer saying he did not want any of the latest attack by an ever-lengthening list exemptions because of the impact on tax of opponents of this unsavoury tax? revenue to the States. Mrs ROSE: I thank the member for the Mr SPEAKER: Order! The Leader of the question. Yes, the member for Toowoomba Opposition would be well aware of the North last month was running around the State Standing Orders. saying there would not be an adverse impact Mr BORBIDGE: If the honourable by the GST on tourism or on small business. member finds the letter that he wrote to the He has been saying that he has been trying to Federal Treasurer offensive, I will withdraw it. debunk the GST myths. The only myth is the one that he has been peddling and that is that Mr HAMILL: I rise to a point of order. The the GST will not have an effect on business or Leader of the Opposition continues to on tourism. misrepresent facts. His statement was untrue, it was offensive, and I ask for it to be We all know that it will. Queensland withdrawn. Treasury says it will; Tourism Queensland says it will; respected commentators within the Mr SPEAKER: Order! Just withdraw. industry say that it will. But just in case the Mr BORBIDGE: I have got a problem. He member for Toowoomba North has not got the wrote to the Federal Treasurer saying, "No 12 Apr 2000 First Home Owner Grant Bill 767 more exemptions", but if he finds that Second Reading offensive the letter has been presented. If he Hon. D. J. HAMILL (Ipswich—ALP) finds it offensive, I will withdraw. If you want me (Treasurer) (11.30 a.m.): I move— to withdraw your letter, I will withdraw it. Mr HAMILL: The Leader of the "That the Bill be now read a second Opposition cannot withdraw any time." correspondence of mine. What he can The First Home Owner Grant Bill 2000 withdraw are the continued false and offensive seeks to introduce the First Home Owner Grant claims that he makes. They are the matters he Scheme in Queensland. The scheme involves should withdraw. making a one-off payment of $7,000 to first Mr SPEAKER: Order! We are not going to home owners who enter into a contract to have a debate. Just withdraw and we will finish purchase or build their first home on or after 1 this debate and get on with question time. July 2000. Mr BORBIDGE: What does he want me Dr Watson: Funded by the Federal to withdraw? Government. Mr SPEAKER: Order! You have just been Mr HAMILL: It is funded by the told. Queensland Government; this scheme has Mr BORBIDGE: I withdraw. been obliged to be funded by the State and Mrs ROSE: It is anomalous in the Territory Governments. extreme that domestic air and sea travel sold The purpose of the scheme is to assist overseas is so exempted under the current affordability for persons building or buying their GST Act but the train is not. So there it is. The first home following the introduction of the GST is seriously prejudicing the prospects of goods and services tax. Under the the business. As the operators state, and I Intergovernmental Agreement on the Reform have written to the Federal Minister, or the of Commonwealth-State Financial Acting Federal Minister for Sport and Tourism, Arrangements, the Commonwealth, States seeking an exemption of the GST on the train and Territories agreed to assist first home because, as the operators state, long distance buyers through the funding and administration travel encourages the regional spread of of a new, uniform first home owner grant. The tourism which is a tourism policy goal in scheme provides significant benefits to first Australia. There are no significant public policy home buyers. or fiscal reasons evident for not extending GST exemption to train travel since there are few The framework principles for the grant other trains being sold overseas and where were prescribed by the intergovernmental they are they deserve the same treatment. As agreement. Each State and Territory will I said, I have written to the Acting Tourism implement separate but consistent legislation Minister, Joe Hockey, seeking GST exemption to give effect to the scheme. Eligibility criteria for long distance travel sold overseas to for the grant have been jointly developed by all tourists. jurisdictions in line with the principles contained Mr SPEAKER: Order! The time for in the intergovernmental agreement. The questions has expired. Queensland First Home Owner Grant Bill 2000 is consistent with the principles for the First Home Owner Grant Scheme prescribed in the FIRST HOME OWNER GRANT BILL intergovernmental agreement, but expands on Hon. D. J. HAMILL (Ipswich—ALP) those principles to clarify the operation of the (Treasurer) (11.29 a.m.), by leave, without scheme and to overcome potential inequities. notice: I move— A first home owner grant is payable where "That leave be granted to bring in a the applicant, or if there are two or more of Bill for an Act to encourage and help them, each of the applicants, complies with home ownership, and to offset the effect the eligibility criteria, and has entered into an of the GST on home ownership, by eligible transaction which has been completed. establishing a scheme for the payment of There are five eligibility criteria— grants to first home owners." 1. The applicant must be a natural Motion agreed to. person; 2. The applicant, or if there are more First Reading than one, then at least one of the Bill and Explanatory Notes presented and applicants, must be an Australian Bill, on motion of Mr Hamill, read a first time. citizen or permanent resident; 768 First Home Owner Grant Bill 12 Apr 2000

3. The applicant or the applicant's An application for the grant must be spouse must not have previously made between the commencement of the received a First Home Owner Grant in eligible transaction and within 12 months of any jurisdiction; completion of the eligible transaction. For an existing home, completion will usually be upon 4. The applicant or the applicant's registration of the purchaser's title. For spouse must not have had before 1 contracts to build or construction by an owner July 2000 a relevant interest in builder, completion will be when the building is residential property, or after 1 July ready for occupation as a home. The grant is 2000 a relevant interest in residential payable upon the completion of the eligible property that is used as the transaction, if all eligibility criteria are satisfied. residence of the applicant or However, the commissioner has a discretion to applicant's spouse; authorise payment of a grant before this time, 5. The applicant, or if there is more than if appropriate, in the circumstances. one, then at least one of the The Bill contains provisions to reduce the applicants, must occupy the home to risk of abuse of the scheme. The grant is which the application relates, as a generally $7,000. However, to overcome principal place of residence within scope for abuse of the scheme, where the one year. consideration paid for the home is less than To be an eligible transaction, the $7,000, the grant payable will be limited to the applicant must have entered into a building amount of consideration paid. A grant will not contract to buy or build a home, or in the case be payable where the home is a gift or of an owner builder, commenced construction bequest to the applicant, that is, where no on or after 1 July 2000. consideration has been paid. The Bill also includes powers of To overcome avoidance opportunities, the investigation and information collection to contract to buy or build must not be pursuant facilitate the effective administration of the First to an option to purchase or build granted prior Home Owner Grant Scheme and to monitor to 1 July 2000. A first home owner grant will be compliance with the scheme requirements. paid to persons who have a relevant interest in The avoidance and compliance measures, the home. To broaden the application of the which include powers to require information, grant, relevant interest is not limited to freehold whether by production of documents or estates. It extends to other recognised forms attendance to give evidence, powers of entry, of secured tenure over the home that is being acquired, including instalment purchases, and offences for making of false or misleading estates for life, and Crown leases and licences. statements or producing false or misleading Additional relevant interests may be prescribed documents. by regulation. The Bill protects the rights of applicants by providing appropriate internal review and To qualify, the home must be a building, appeal processes. In addition, the Bill contains fixed to the land, that may lawfully be used as privacy provisions to ensure that confidential a place of residence, and is a suitable building information relating to the administration of the for use as a place of residence. For example, scheme is not disclosed to unauthorised the home must meet local planning standards persons. for a self-contained dwelling designed for human habitation, such as houses, flats, strata The commencement of the goods and title apartments and mobile homes covered by services tax on 1 July this year will increase the the Mobile Homes Act 1989. cost of purchasing or building a home, and may effectively discourage home ownership. The Bill also includes administrative The First Home Owner Grant Bill 2000 seeks to measures necessary for the efficient operation encourage and help home ownership, and to of the First Home Owner Grant Scheme in offset the effect of the goods and services tax Queensland. As the States and Territories on home ownership, by implementing a have proposed different administrative scheme for the payment of grants to first processes, the administrative aspects of the home owners in Queensland. The grant is legislation are not nationally consistent. In intended to reduce the additional cost of home Queensland, the Scheme will be administered purchase associated with the goods and by the Office of State Revenue—OSR. To services tax. However, like the iniquitous new streamline the application process, OSR may tax, the GST which has spawned this enter into agreements with agents to assist in measure, the First Home Owners Grant the administration of the scheme. Scheme, is also iniquitous, with a uniform 12 Apr 2000 Privilege 769 grant being provided regardless of the financial he had asked that there be no further circumstances of the eligible applicant. exemptions— Nevertheless, this measure is an integral part Mr DEPUTY SPEAKER: Order! There is of the Commonwealth's tax reform package no matter of privilege at all. and as such we are obliged to implement it along with appropriate administrative and Mr BORBIDGE:—in regard to GST enforcement provisions to facilitate effective revenue and his letter to the Commonwealth administration of the grant. I commend the Bill Treasurer dated 18 January 2000— to the House. Mr DEPUTY SPEAKER: Order! This is Debate, on motion of Dr Watson, now a debate. The Leader of the Opposition adjourned. will resume his seat. I am not going to let him take up the time of the House. We are now on Government Business. PRIVILEGE Mr BORBIDGE: I move— Goods and Services Tax; Comments by "That the Leader of the Opposition Treasurer be further heard." Hon. R. E. BORBIDGE (Surfers Motion agreed to. Paradise—NPA) (Leader of the Opposition) (11.38 a.m.): I rise on a matter of privilege. At Mr BORBIDGE: I thank the House. I just the end of question time there was an want to read into Hansard the letter dated 18 altercation between myself and the Treasurer January 2000 from the Treasurer of in respect of a letter that I claimed that he had Queensland to the Honourable P. Costello, written to the Federal Treasurer urging that any MP, Federal Treasurer. It states— further exemptions in respect of GST "Dear Mr Costello arrangements could impact on the State. Please find attached a copy of a Mr DEPUTY SPEAKER (Mr Fouras): letter dated 4 November 1999 from Order! There is no matter of privilege. DermaTech Laboratories Pty Ltd (DermaTech), regarding its efforts to Mr BORBIDGE: There is. In my view, the ensure a Ministerial determination under Treasurer has potentially led the House— relevant provisions of A New Tax System Mr DEPUTY SPEAKER: Order! There is (Goods and Services Tax) Act 1999. I no matter of privilege. The Leader of the understand that, in your capacity as Chair Opposition will resume his seat. of the Ministerial Council on Taxation, you Mr BORBIDGE: Mr Deputy Speaker— have been sent a similar letter from DermaTech seeking unscheduled items Mr DEPUTY SPEAKER: Order! I am on such as dermatological medicines (that my feet. The Leader of the Opposition will are Registered or Listed) to be declared resume his seat. I was in the Chamber. I heard GST-free. what was said. Debates about what is said and not said or perceptions like that are gone As you are aware, broadening the forever in this place. It is not a matter of existing list of GST-free items has the privilege. The Leader of the Opposition will potential to adversely impact on the resume his seat. quantum of GST revenues that are available for distribution to the Mr BORBIDGE: Mr Deputy Speaker, I Commonwealth and State/Territory refer to a previous ruling by Speaker Hollis in Governments for the delivery of core respect of a matter of privilege raised by the services. While I appreciate that the honourable member for Nicklin that matters of estimated GST revenue from privilege would be heard and the Chair would unscheduled dermatological medicines make a decision after the matter of privilege (around $2 million nationally) may not be had been heard; and that he intended to material within the context of the total apply that as a rule in future. GST revenue pool, changes to the GST- Mr DEPUTY SPEAKER: Order! I heard free list for these products may set a the member referring to a letter written by the precedent for other parties to seek relief Premier to the Treasurer. The Treasurer said from the Commonwealth's GST regime. that what he moved was not about that letter Given the national impacts at all. He did not deny that a letter was written. associated with DermaTech's proposed There is no matter of privilege. reforms, I consider it appropriate that the Mr BORBIDGE: The matter of privilege is Commonwealth responds directly to that the Treasurer rejected my assertion that DermaTech regarding this issue. 770 Privilege 12 Apr 2000

Preliminary advice from your Department Mr DEPUTY SPEAKER: Order! Now we indicates that the Commonwealth has no are having a debate on the GST, are we? intention to broaden the existing GST-free Mr BORBIDGE: No, I am just correcting list to include other unscheduled items. the inaccuracies provided to the House. The It would be appreciated if you could House has given me leave to speak and I will keep me fully informed on this matter. not be much longer. If you have any queries regarding Mr DEPUTY SPEAKER: Order! The this matter, please contact Ms Robyn House has given you leave to talk about a Lusis on telephone (07) 3405 6057. matter of privilege suddenly arising. Yours sincerely Mr BORBIDGE: With respect, I moved, Hon David Hamill MLA "That the Leader of the Opposition be further heard", and the House agreed to that. Treasurer and Member for Ipswich." Mr DEPUTY SPEAKER: Order! The issue I contend that this argument that we had was on a matter of privilege suddenly arising, earlier would indicate that what I said and what not a debate on the GST. the Treasurer found to be offensive was, in fact, accurate; that we had a situation where Mr BORBIDGE: Mr Deputy Speaker, to he had effectively made representations to the assist you and to help the Treasurer remember Federal Government expressing concern at what he wrote to the Commonwealth Treasurer the impact of the GST revenue base on the on 18 January 2000 when he argued against States if exemptions were granted. Taking into any further exemptions in respect of the GST account that we heard the nonsense from the because of the potential impact on income to Premier this morning in respect of the GST the States, particularly the State of when he was one of the signatories in respect Queensland, I will table the letter. of the communique and the intergovernmental agreement in respect of taxation reform, that PRIVILEGE shows the enormous hypocrisy that we are Goods and Services Tax; Comments by seeing from the Treasurer, the Premier and Treasurer members of the Labor Party. In fact, the current Premier was the first in a rush to sign Hon. D. J. HAMILL (Ipswich—ALP) the agreement. (Treasurer) (11.45 a.m.): I rise on a matter of privilege. I find it most distressing to have to Mr HAMILL: I rise to a point of order. I even discuss this matter, considering that the was hoping I might be able to listen out the letter that I believe has been tabled by the Leader of the Opposition in this matter, but he Leader of the Opposition actually stands on its has continued to mislead and make false own. The matter of privilege I rise upon is this: claims which I find personally offensive. The the Leader of the Opposition has accused me allegation of hypocrisy is one point in that and of providing inaccurate information to the I ask him to withdraw that offensive remark. House. I regard that as a very serious Mr DEPUTY SPEAKER: Order! I ask the allegation and I wish to address that matter in member to withdraw. this matter of privilege. Mr BORBIDGE: If the Treasurer finds the The letter which has been tabled by the remark offensive, I withdraw the term Leader of the Opposition was a quite proper "hypocritical" or "hypocrisy". I am just trying to response to representations made to me by a think of another term for someone who company, representations in respect of a advocates one thing and goes and argues matter which could be dealt with only by the against it. But if he finds it offensive, I will Federal Treasurer and was referred to him withdraw it. accordingly. For the information of the Leader Mr DEPUTY SPEAKER: Order! The of the Opposition, who seems to make a habit Leader of the Opposition will resume his seat. I of coming into this place and telling only a part asked the Leader of the Opposition to simply of the story or alternatively trying to twist facts withdraw something. I am not going to allow to suit his own ends, I make this point: contrary him to then debate the withdrawal. He was to the claims made— asked to withdraw because something was Mr BORBIDGE: I rise to a point of order. found offensive. He is entitled to only withdraw In line with the performance earlier, I find those that, not ask for the thesaurus to be brought remarks offensive and I ask that they be forward to look for another word. withdrawn. Mr BORBIDGE: I am happy to withdraw Mr HAMILL: I withdraw anything I have the remark that the Treasurer finds offensive. I said which offends the Leader of the do, however, table— Opposition. 12 Apr 2000 Child Care Amendment Bill 771

I make this point: the Leader of the "Backyard" care occurs where children are Opposition has claimed that I have sought no cared for on a regular basis in the carer's further exemptions from the GST from the home, for fee or reward. This Government is Federal Government. I understand that to be concerned with the increased incidence of this the claim that the Leader of the Opposition type of care in Queensland. The withdrawal of has made. It is a false claim and I can produce Commonwealth operational funding, closures further correspondence. If the Leader of the of child-care centres and fee increases have Opposition wants to continue to mislead the resulted in some families leaving formal child House in the manner in which he has sought, I care to use cheaper, informal arrangements, am prepared to say that the Leader of the which are outside any legislative framework. In Opposition was ignorant of the facts which most cases, "backyard" carers are operating caused him to make the claims he has made. alone and in some instances are caring for I am giving him an opportunity to cover his large numbers of children in home embarrassment. environments. Safety of children in these care I have written to the Federal Treasurer in situations is a major concern. relation to a variety of exemptions in relation to The Child Care Amendment Bill 2000 will the goods and services tax and I raised a amend the Child Care Act 1991 to bring the number of similar matters with the Federal legislative framework for child care in Treasurer at the recent meeting of Treasurers Queensland into line with other States. in Canberra, contrary to the false and offensive Backyard care will be formally known as claims made by the Leader of the Opposition independent home-based care. In using this in the House today. term, the Bill makes it clear that these carers Mr DEPUTY SPEAKER: Order! I think we are not part of a licensed family day care have debated the matter of privilege suddenly scheme or other network. The Bill defines arising adequately. My ruling stands that there "independent home-based care" as care is no matter of privilege. provided on a regular basis in the carer's home for fee or reward. The Bill does not extend to care by relatives, care in a child's own home by CHILD CARE AMENDMENT BILL a nanny or babysitter or licensed care under Hon. A. M. BLIGH (South Brisbane—ALP) the Child Protection Act 1999. Also, an (Minister for Families, Youth and Community operation principally conducted for instruction, Care and Minister for Disability Services) for example, in music or sport, is not affected (11.47 a.m.), by leave, without notice: I by this amendment. move— This amendment does not prohibit "That leave be granted to bring in a independent home-based care. The Bill strikes Bill for an Act to amend the Child Care Act a balance between the appropriate use of 1991." Government resources and intrusion of Government into care arrangements in a Motion agreed to. person's home. Independent home-based care will not be licensed or registered. First Reading However, this type of care will be required to meet the standards inserted into the Child Bill and Explanatory Notes presented and Care Act 1991 by this Bill. This Bill is a positive Bill, on motion of Ms Bligh, read a first time. step in ensuring the safety of children in this type of care and it sets four important Second Reading standards that independent home-based carers must meet. Hon. A. M. BLIGH (South Brisbane—ALP) (Minister for Families, Youth and Community Firstly, the Bill sets a limit on the number Care and Minister for Disability Services) of children that may be cared for by an (11.47 a.m.): I move— independent home-based carer. No more than six children under the age of 12, of whom only "That the Bill be now read a second four may be under six years of age, are to be time." cared for in independent home-based care. The Beattie Government wants to ensure This is an appropriate number of children for a that Queensland children are protected at a person to provide care for in their home. When time in their lives when they are at their most counting under school-age children, the carer's vulnerable. I am therefore pleased to introduce own children are included. For example, if a this amendment Bill, which will introduce carer has two children of their own who are standards to ensure the safety of children in under four years old, the carer may only care what is commonly called "backyard" care. for two extra children under six years of age. 772 Child Care Amendment Bill 12 Apr 2000

Secondly, to provide independent home- schemes. Recently, there has been a growth based care, a carer must not have a criminal in the number of Queenslanders registering as history which would impact upon their suitability care providers through the Commonwealth to provide this type of care. The Bill provides Health Insurance Commission. This registration that a person with a specified criminal history is enables families using a registered carer to prohibited from providing independent home- access the child-care cash rebate. This Bill will based care. The category of disqualifying require carers to comply with Queensland offences includes sexual and violent offences standards to be registered as care providers under the Criminal Code and offences under with the Commonwealth Health Insurance the now repealed Children's Services Act Commission. All other States and Territories in 1965. My department will be authorised to Australia regulate this type of care in some obtain information about convictions and way. This amendment Bill will bring charges for this category of offences. This will Queensland into line with the other States by ensure the safety of children being provided establishing legislative standards for this type independent home-based care by of care. implementing important screening procedures. These standards for independent home- The Bill provides that persons with a based care maintain parents' rights to choose disqualifying offence in their criminal history are from a broad range of child-care services. In disqualified from providing care. Disqualifying fact, these standards enhance that right by offences are offences of violence and sexual ensuring that, if parents do choose offences which are offences against Parts 4 independent home-based care, this care and 5 of the Criminal Code and offences meets the minimum requirements. This strikes against the now repealed Children's Services a balance between quality and affordable Act 1965. The Bill also provides further care. As I mentioned, an increasing number of protection for children being provided care in a Queensland families are turning to these sorts home-based setting by providing that, if an of arrangements for their children. The adult who ordinarily resides with the carer has amendment Bill establishes legislative a specified criminal history, the carer may not standards so that the choice is still available to provide care at those premises. parents and requirements are in place to ensure that the care provided protects the Thirdly, the Bill requires that carers take interests of infants, children and their parents. out and maintain public liability insurance of $5m. Under the present child-care legislation, The Department of Families, Youth and providers of licensed child care are required to Community Care Queensland will monitor the demonstrate that they have taken out and standards for independent home-based care. maintained public liability insurance of not less Departmental officers will investigate than $5m. The Bill provides that independent complaints and have the power to enter home-based carers also be required to meet premises and view certain documentation, this standard. This will provide a financial obtain consent to criminal history checks and safety net and create comparable standards issue prohibition notices. Upon receipt of a across home-based care environments. complaint, there is provision for departmental Finally, the Bill provides that carers must be at officers to investigate complaints in relation to least 18 years of age. independent home-based care. The department will have the power to prohibit Currently, there may be situations where ongoing care for children if the provider is not large numbers of children are cared for in a meeting the minimum requirements. The Bill home-based setting by a single carer. The allows departmental officers to seek consent Government is currently unable to prevent or from carers and adults residing with carers to prohibit this situation from occurring. This perform a criminal history check. The amendment Bill will prevent such pseudo child- amendment Bill gives power to departmental care centres from operating in unsafe home- officers to prohibit a person from providing care based environments. The Child Care Act 1991 if they do not consent to a criminal history prescribes strict standards for the physical check. This will ensure that my department is environment where care will be provided for able to obtain relevant criminal history large numbers of children. This amendment information about carers. will keep numbers low where care is provided in a home-based setting. Children's safety is a The need to regulate backyard child care major concern of this Government and will be was raised by many people involved in promoted by the amendment. consultations for the Queensland Government's strategic plan 2000-05. The More families are relying on informal care Government's intention to regulate backyard outside of licensed centres and family day care care was announced in October last year and 12 Apr 2000 Valuation of Land Amendment Bill 773 an information sheet outlining the proposed "That leave be granted to bring in a amendment was sent to all stakeholders, peak Bill for an Act to amend the Valuation of associations and child-care services in January Land Act 1944." of this year. The proposals were also placed Motion agreed to. on the department's website in January of this year. Consultations on an exposure draft of the Bill have been conducted by the First Reading department with a range of organisations in Bill and Explanatory Notes presented and the child-care sector. The Child Care Forum, Bill, on motion of Mr Welford, read a first time. Family Day Care, the Queensland Professional Child Care Centres Association, the Child Care Industry Association of Queensland, the Local Second Reading Government Association of Queensland, the Hon. R. J. WELFORD (Everton—ALP) Child Care National Association, Diversity in (Minister for Environment and Heritage and Child Care Queensland and Child Care Minister for Natural Resources) (11.57 a.m.): I Queensland were also consulted. In particular, move— the child-care forum established in February 1999 has played an important part in informing "That the Bill be now read a second the development and implementation of the time." Queensland Child Care Strategic Plan 2000- In introducing this Bill to the House, I 2005. would like to point out to the House that it amends the Valuation of Land Act 1944. This As honourable members would be aware, Bill outlines recently adopted policy in relation on 28 October 1999 this Government to annual valuations of land and updates and launched the Queensland Child Care Strategic clarifies certain matters in relation to the law. Plan 2000—2005. The plan signals the Over the last three years, my department has Government's intention to introduce a new adopted a rolling program of statutory regulatory framework for child care and to valuations. Whilst major urban centres such as regulate what is commonly called backyard Brisbane and the Gold Coast continue to be care as a matter of priority. The Bill for the new valued annually, many of the other local regulatory framework is planned for government areas may not be valued for two introduction into this House in late 2000. The or three years. Government intends to conduct a communication campaign as part of the The decision not to value an area, or implementation of these amendments to properties within an area, in any given year is ensure that parents and carers are aware that not taken lightly. In making a recommendation changes are being made. This communication to exempt an area from an annual valuation, campaign will allow parents and carers to my department considers when the last make alternative arrangements for suitable valuation was carried out and the amount of care for children before the amendments are movement in the market and consults with in force. local governments, local industry and business groups. I intend to target proclamation three The requirement to value at least every months after enactment to ensure parents, the three years and the criteria to be considered child-care industry and carers are given an for an exemption is included in this Bill. If opportunity to properly plan for the introduction particular circumstances warrant such action, a of these important changes. This Government provision has been included to allow the is committed to safe, quality child care and will Governor in Council to extend the period for give priority to the implementation of these valuation to more than three years. With the additional safeguards for independent home- adoption of the annual valuation or exemption based care. I commend the Bill to the House. policy, the need for general valuations is no Debate, on motion of Mr Beanland, longer required and the references to these adjourned. have been removed from the Act. Another matter subject to review for some time, under section 17, is the criteria for VALUATION OF LAND AMENDMENT BILL exclusive use for a single dwelling house or farming concessional valuations. If land Hon. R. J. WELFORD (Everton—ALP) qualifies under section 17 of the Act for these (Minister for Environment and Heritage and concessions, a lower valuation may result. The Minister for Natural Resources) (11.57 a.m.), amendments to the single dwelling house by leave, without notice: I move— definition recognise that many people also live 774 Dairy Industry (Implementation of National Adjustment Arrangements) Amendment Bill 12 Apr 2000 in houses converted into flats, as well as the valuations on State land rentals, prior to duplex units. These will now be treated as budgeting for the next financial year. single dwelling houses. Greater discretion is also given to the A further inclusion in this category is the Land Court to accept late filing of appeals due addition of a self-contained flat to a residence, to a genuine reason. The current Act is very without voiding the concessional valuation. narrow in this aspect in that it only allows a This is an unfortunate restriction in the current delay in the post as a reason. Unfortunately, section 17 of the Act, which penalises an some owners' appeals have been ruled invalid owner of this type of residential land. by the Land Court in the past, notwithstanding Another part of section 17 deals with those owners having genuine reasons for late farming lands. This issue has been lodgment. contentious and difficult to interpret for many The Department of Natural Resources is years. My Department of Natural Resources committed to providing up-to-date information and the Land Court have been charged with about all natural resources, including land. the onerous task of deciding just what farming Data is recorded from information that must be operations qualify as a business—that is, of a lodged by a person in accordance with section significant and substantial commercial purpose 81 of the Act, upon an agreement to buy or or character. Following lengthy consultation sell land. To assist in ensuring the accuracy with the Queensland Farmers Federation and and completeness of this data, an local governments in south-east Queensland, amendment adds a power, where necessary, eligibility criteria based on a prescribed gross to requisition the vendor or purchaser to income or a capital value of farm correct or complete the data on the prescribed improvements has been introduced. I might form. add that, in considering farm improvements, Other amendments include the ability to the value of dwellings, car accommodation value the relatively new concept of volumetric and the like are not included. The prescribed titles in the Land Title Act 1994 and to clarify gross annual income threshold is $5,000, or the methods to be adopted in the valuation of the minimum value of farm improvements, integrated resort and Sanctuary Cove lands. including farm plant required, is $50,000. These amendments are just part of the The Bill also encourages on-farm forestry ongoing improvements to the valuation of both native and commercial species. system. I commend the Bill to the House. Calculation of gross income, a capitalised Debate, on motion of Mr Beanland, return over the period from establishment to adjourned. harvest, as well as maintenance of such forests is allowed. These are all to be considered in the eligibility tests under section DAIRY INDUSTRY (IMPLEMENTATION OF 17 of the Act. Compliance with a recognised NATIONAL ADJUSTMENT ARRANGEMENTS) forest practices system will be one of the AMENDMENT BILL criteria of maintenance that will be considered. Hon. H. PALASZCZUK (Inala—ALP) Vacant lands in subdivided estates (Minister for Primary Industries and Rural developed for the sale of lots will no longer be Communities) (12.05 p.m.), by leave, without eligible for the concession used in section 17 notice: I move— of the Act. This will ensure these lands are "That leave be granted to bring in a valued for rating and taxing under section 25 Bill for an Act to amend the Dairy Industry of the Act and generally will not be eligible Act 1993." under section 17 for single dwelling house or Motion agreed to. farming concessional valuations. The introduction of separate notices for State land rental valuations, where such are First Reading different to the rating valuations, allows Bill and Explanatory Notes presented and efficiencies in notifying for all purposes at the Bill, on motion of Mr Palaszczuk, read a first one time. It also allows for administering all of time. the objections flowing from those valuations at that time. Currently, the majority of valuations are issued in February/March each year. Second Reading However, the rental valuations are not notified Hon. H. PALASZCZUK (Inala—ALP) until August. The new notifications will allow all (Minister for Primary Industries and Rural owners to be aware of the possible impacts on Communities) (12.06 p.m.): I move— 12 Apr 2000 Dairy Industry (Implementation of National Adjustment Arrangements) Amendment Bill 775

"That the Bill be now read a second look at some degree of consistency in the time." price paid in the east coast States. This Bill paves the way for Queensland Commonwealth subsidies, through the participation in the National Dairy Industry Domestic Market Support Scheme, which have Adjustment Program, which is proposed to encouraged the Victorians to export their commence on 1 July 2000. It also, at the surplus milk, will also end on 1 July 2000, Commonwealth's insistence, provides for the making interstate domestic markets more deregulation of the Queensland dairy industry, attractive to the Victorian industry. The result of except in the area of quality and safety Victorian deregulation will be a large drop in arrangements for dairy produce. the price received by Australian farmers for their market milk. The Australian dairy industry has been undergoing significant structural adjustment In anticipation of this outcome, the dairy since the late 1970s, with the dairy industry industry itself, through its peak body, the nationally continuing a process of movement Australian Dairy Industry Council, has away from regulated arrangements. The only developed and obtained Commonwealth significant form of intervention that currently Government approval for what is now the remains at the State Government level, apart $1.78 billion Dairy Industry Adjustment from quality and safety measures, is the Program to provide for orderly structural regulation of the farm gate price received by adjustment of the industry. This program dairy farmers for market milk and the supply makes payments over a period of eight years arrangements to access that price. to Australian dairy farmers and will pay about $220m to Queensland dairy farmers. The Honourable members will no doubt recall program is to be funded by a national 11c per that in 1998 the Queensland Government litre levy on drinking milk. introduced amendments to the Dairy Industry Of course, the major requirement of the Act 1993, following a National Competition Commonwealth adjustment program is that it Policy review, to retain a regulated farm gate does not become available unless all State price and supply management for a period of Governments remove market milk controls— five years from 1 January 1999. The House that is, to deregulate their dairy industries. It unanimously supported the Bill. At that time it must be said that Victoria has indicated that it was clearly pointed out that the situation may would deregulate with or without the need to be revisited depending on national Commonwealth's program. developments. I have made my position quite clear in the In December 1999, the Victorian past. I am profoundly sceptical that total Government announced that it would deregulation will be to the benefit of deregulate its dairy industry from 1 July 2000, consumers or farmers. After deregulation, the following a ballot of its dairy farmers. The Government will have no power whatsoever effects of Victorian deregulation will be felt by over the outcomes in the dairy industry. all States. In essence, Victorian milk is Nonetheless, the peak body representing dairy produced at a price far below that in other farmers in Queensland, the Queensland States. The commercial pressures unleashed Dairyfarmers Organisation, repeatedly urged by this move will create an east coast market me to support the Commonwealth's proposal for milk in which the price is likely to settle at a for deregulation in order to access the point equivalent to the Victorian price plus a package. margin for transport. It must be remembered that Queensland has only 8% of the national On 9 February, the chief executive of the market against Victoria's 63%. We are most QDO wrote to me in the following terms— definitely a price taker, not a price maker. "The QDO has been in close contact with its members on this issue. Over If Queensland producers cannot meet this several years, but in particular over the market price, there would be a loss of volume last year, we have communicated with to interstate competitors which might never be and sought direction from our members. recovered. It must be remembered that the The QDO's policy has been driven by State Government is powerless to prevent membership, based upon information and interstate milk entering our State because of advice from the State Council." section 92 of the Constitution, which provides for free trade between the States. The market The QDO described the extent of its pressure on the price paid to farmers would consultation in these terms— also be felt because the processors and major "By way of indication, since October retailers are now nationally based and would 1999 meetings have been held at 776 Dairy Industry (Implementation of National Adjustment Arrangements) Amendment Bill 12 Apr 2000

Malanda, Warwick, Greenmount, I wish to make it clear that, Rockhampton (with telephone links to notwithstanding the broader Commonwealth Mackay), Crows Nest, Gympie, Cooroy, program, this legislative proposal is one with Peranga, Beaudesert, Bell and Chinchilla. which the Government has some difficulty. But We believe over 1,000 dairy farmers we were faced with two options. attended that round of meetings. Firstly, we could maintain our regulation. This list of meetings is not As I noted earlier, given Victoria's decision to exhaustive, and has been complemented deregulate with or without the package, and by regular QDO branch meetings and the constitutional limitations on our State's written communication." powers, our regulated system could not withstand the commercial pressures brought to From this consultation, the QDO advised me of bear on it. We would suffer all the adverse its position as follows— impacts of a sudden and large fall in the price "The direction given by members has to farmers but with no assistance to mitigate been clear. They have judged that while the pain. deregulation is not desirable, it is The second option was to accept the considered commercially inevitable. Commonwealth's proposal. Under this option Members believe access to the national we would also feel the pain brought about by restructure package is absolutely commercial pressures forcing drops in the price essential. to farmers. But we would also have access to In the view of QDO, the time has now $220m in support for our farmers. In addition, I come to provide a clear direction back to successfully obtained additional $12m support Queensland dairy farmers, and provide for rural dairying communities. It is clear that the surety that the State Government will without the program the impacts are expected take the necessary steps to provide to be far worse. access to the restructure package. We The Government remains uncomfortable recommend that the Government take with deregulation but, given the options, there this action." is merit in accessing the Commonwealth's That is the advice of our dairy farmers. program. While in the longer term it may be possible to argue that a more efficient Nonetheless, I believed that the program, Queensland industry will develop, in the short as structured by the Commonwealth, was term adverse impacts are likely in terms of insufficient. It did not address the needs of the farm numbers, milk production and rural communities that depended on the dairy manufacturing and these must be managed in industry for their survival. The program, which the best way possible. the Commonwealth Government describes as probably the biggest restructuring package in I wish to assure members that every effort the history of any primary industry in Australia, will be made, within existing available State initially only provided assistance payments for Government resources, to assist with the farmers. I repeatedly argued that this must be deregulation process. Again at my initiative, a comprehensive structural adjustment State and the Commonwealth Agriculture initiative. This requires a consideration of the Ministers will be establishing a high level flow-on impacts of deregulation on taskforce to monitor and evaluate regional communities. impacts of dairy deregulation and make recommendations if existing programs are Members will be aware that, following my deficient. A group will be established at the representations, the Commonwealth legislation State level with industry and government was amended to include a $45m Dairy participation to feed into this national process. Regional Assistance Program, which will make It must be understood that the forces $12m assistance available to Queensland's driving the deregulation process emanate from dairying regions for adjustment initiatives. This the Commonwealth Government and the is a significant move which will provide much- industry itself. Industry itself developed and needed support for those communities. negotiated the assistance measures it It was following the commitment by the considered adequate to provide for an orderly Federal Government to facilitate this additional adjustment process. States were not involved assistance that I announced Queensland's in this process. The Commonwealth has decision to enter the Commonwealth scheme. agreed to fund the process by a special It must be noted that the Federal Government purpose consumption tax. States do not have is not directly funding the national dairy tax powers and, as the Commonwealth has deregulation plan it has imposed. taken responsibility for this adjustment 12 Apr 2000 Evidence Amendment Bill 777 process, it must also take the responsibility for refund payments made to the authority under funding it properly. a licence condition. If members opposite truly believe more The Bill also has transitional funding is warranted, I suggest that they take arrangements to ensure that producers receive some positive action on behalf of the payments in accordance with the regulated Queensland industry and contact their system until the day that system ceases, that colleagues in Canberra and deliver this end anti-competitive licence conditions and message. I have, yet they were very noticeably also provide that no compensation is payable silent when the extra Commonwealth because milk entitlements will cease to have assistance was being sought. effect from that day. Unfortunately, we are now being driven In many respects the die has been cast in down this path by Victoria and by the regard to deregulation of the dairy industry. Commonwealth Government, and, despite my There has been an overwhelming producer personal reservations, I am not prepared to vote in Victoria, which accounts for two-thirds deny the Queensland industry the adjustment of the national milk market, and the money they seek and which is currently on subsequent decision by the Commonwealth to offer. The Commonwealth Government does embrace and modify the Australian Dairy not expect that its levy will increase retail milk Industry Council adjustment proposal means prices. that we cannot stand against the tide. We The Commonwealth's view is that need to take what is on offer, albeit reluctantly. because farmers' prices are expected to fall I commend the Bill to the House. more than the levy, benefits will be available to Debate, on motion of Mr Beanland, the consumer and the Commonwealth adjourned. Government is taking responsibility to deliver these benefits. Indeed, Mr Warren Truss, Minister for Agriculture, Forestry and Fisheries, EVIDENCE AMENDMENT BILL has predicted a drop in the retail price of milk Hon. M. J. FOLEY (Yeronga—ALP) after 1 July 2000. We shall see. (Attorney-General and Minister for Justice and Mr Truss also advised the Commonwealth Minister for The Arts) (12.20 p.m.), by leave, Parliament during debate on the Dairy Industry without notice: I move— Adjustment Act 2000 that the legislation "That leave be granted to bring in a provided $500,000 for the Australian Bill for an Act to amend the Evidence Act Competition and Consumer Commission to 1977." supervise the introduction of the new Motion agreed to. arrangements and ensure that the real benefits of price falls flow through to consumers and that there is no profiteering in First Reading the industry. This initiative will be watched very closely and with considerable expectation, Bill and Explanatory Notes presented and particularly by consumers and State Bill, on motion of Mr Foley, read a first time. Governments. Once deregulation occurs, the Second Reading Queensland Dairy Authority will be left with a Hon. M. J. FOLEY (Yeronga—ALP) quality and safety role in regard to dairy (Attorney-General and Minister for Justice and produce which it will continue to provide until Minister for The Arts) (12.21 p.m.): I move— other arrangements are made. During this period, it is not necessary to retain the present "That the Bill be now read a second Queensland Dairy Authority Board as the time." board will no longer be discharging the other The Evidence Amendment Bill 2000 regulatory functions for which it was appointed. introduces an important amendment to the Accordingly, the Bill provides for the board Evidence Act 1977 to restore the law to its to terminate and for an administrator to be state prior to the decision of the Queensland appointed to run the Queensland Dairy Court of Appeal in R v. Morrison. Authority. It is expected that these functions In a criminal trial, the burden of proof is on will ultimately reside in a wider food safety the prosecution and before a jury can convict authority which is expected to be established they must be satisfied beyond reasonable in the near future. The administrator will be doubt of the guilt of the accused. This responsible for the eventual winding up of the standard is not set down in legislation but is a authority and in this process will be able to matter of general principle applying to all 778 Evidence Amendment Bill 12 Apr 2000 criminal trials. By contrast, up until the decision These difficulties were echoed soon after in Morrison, the standard of proof that applied the Morrison decision by two District Court to facts in issue at sentence was on the judges, Judge Ford and Judge Robertson. In a balance of probabilities, subject to the proviso case heard on 6 July 1998, Judge Ford that the degree of satisfaction required is commented that the new rule would lead to dependent on the gravity of the fact to be more victims who choose to provide a victim proved and its potential effect on the impact statement being required for cross- defendant. examination at sentencing hearings. If there is a dispute as to the value of property stolen or This Bill will not affect the standard of damaged, the victim may be required to give proof that applies to proving an offender's evidence to prove the value beyond guilt—the prosecution must still prove the case reasonable doubt. Again, Judge Ford beyond reasonable doubt. However, the commented that this might be particularly process of determining the appropriate difficult to prove to the requisite standard for sentence is different from the process of personal property, which is often irreplaceable. determining guilt or innocence. The old test worked well as it allowed the court to In an article published in Proctor entitled determine for itself what facts were significant "R v Morrison—milestone or millstone", Judge for the purposes of determining the Robertson also highlights the difficulties in appropriate sentence—the greater the impact applying the Morrison decision. In March 1999, on the offender, the higher the degree of the President of the Court of Appeal satisfaction required. commenced her reasons for judgment in the case of Wilkinson with— The decision in Morrison has altered the "This case highlights the increased standard of proof that applies to fact finding on difficulties for sentencing judges when sentence. Now, a sentencing judge must be there is a dispute as to the facts at satisfied beyond reasonable doubt of the sentence." existence of any disputed fact that is likely to result in a heavier sentence. In the same case, Justice Thomas said— "The present case exposes some of The decision in Morrison was not the extreme difficulties that are inherent in unanimous. In a strong dissenting judgment, application of the majority decision in R v. Justices Fryberg and Pincus identified a Morrison." number of difficulties with this new test, for example— In September 1998, I released a discussion paper which discussed a number of it does not sit well with the actual way in these issues. After considering the which information is presented at submissions received on the discussion paper, sentence; this Government has decided to legislate to restore the law to the pre-Morrison position. sentencing hearings may become longer The Bill sets out the test that must be applied and more costly as issues which are if an allegation of fact is disputed or frequently in dispute, such as victim challenged. The sentencing judge or impact statements or the value of stolen magistrate may only act on the allegation if the property, will no longer be able to be judge or magistrate is satisfied on the balance resolved by sentencing judges without the of probabilities that the allegation is true. The calling of evidence; and Bill states that the degree of satisfaction a court is required to take into account the required varies according to the effect of a crime on a victim. If that impact consequences, adverse to the person being might result in a higher sentence, then sentenced, of finding the allegation to be true. the court must be satisfied beyond This restores the test that applied before the reasonable doubt and the victim may decision in R v. Morrison. If the potential have to prove the impact of the crime by consequences to the offender of the allegation giving evidence—and possibly having to being accepted are more serious—usually call expert evidence—and risk being because a heavier sentence will be subject to cross-examination. If the effect imposed—than if the allegation were not alleged is of a psychological or emotional accepted, the allegation must be proved to a nature, then this will be particularly difficult higher standard. to prove to the requisite standard, The legislation does not alter the way in although the judge may well be satisfied which judges and magistrates receive of the fact to a sufficiently high degree to information at sentence, nor does it imply that satisfy the old test. evidence will be required in every case of 12 Apr 2000 Guardianship and Administration Bill 779 dispute. The question of whether evidence undertaking—but also the functions of the needs to be called in any particular case will be guardianship and administration legislation. determined by the sentencing judge or Because it is complex in some areas—it is magistrate. I commend the Bill to the House. certainly all-encompassing—it is going to affect Debate, on motion of Mr Beanland, people's everyday lifestyles. I think this is the adjourned. important thing; we have a number of new concepts transferred from the Powers of Attorney Bill to this legislation, plus of course GUARDIANSHIP AND ADMINISTRATION BILL the setting up of the new tribunal, which Second Reading certainly has a range of broader, additional Resumed from 11 April (see p. 721). powers compared with the current tribunal system. In addition to that is the ability to have Mr BEANLAND (Indooroopilly—LP) substituted decision makers in place of those (12.26 p.m.), continuing: Before the people who are the statutory providers of that adjournment of the debate on this legislation role currently. A complete new edifice is being last evening, I referred to some of the delays established, a process in which people who caused by the current Minister that we have are much closer to their loved ones will be able witnessed in relation to this legislation. That is to make decisions for them. I am sure that will something of which he accused the former have some meaning to those involved. Government with the previous legislation. Be that as it may, today, 21 months after the Having said that, I notice that in the Adult Government has come to office, with all of Guardian's annual report he highlights that those amendments that the Minister had— there have been a number of complaints about the Powers of Attorney Act. In fact, 187 Mr Foley: You didn't agree with my referrals were received by him for investigation amendments. and of those some 107 complaints were Mr BEANLAND: When in Opposition, the investigated in depth. Some 107 related to now Minister had 80 pages worth of complaints about the conduct of attorneys amendments. It should have been so easy for under an enduring power of attorney, 63 him to just drop them in on the first day of the related to complaints of physical and financial new Parliament. That is what the Minister said abuse and 17 related to complaints and he could do. However, we know that is not the disputes about health care issues. case, because this is very sensitive, in-depth I think it fair to say that early in the piece a and very complex legislation. number of complaints arose from the We need to look at some of the aspects provisions of the Powers of Attorney Act. With covered by this legislation—as I said, the those types of complaints coming through, legislation has great depth and breadth—but clearly a range of issues will need to be tackled we also need to consider the things that have by the Adult Guardian and the Public been happening in relation to this Bill's sister Advocate in relation to this area of legislation, legislation, the powers of attorney legislation, because this is just as sensitive, if not more so and how well the Office of the Adult Guardian in a number of areas, because of the types of is working. I notice in the annual report of the situations being tackled. I am sure at the Office of the Adult Guardian for the year 1998- outset the operation of this legislation will 99 that was provided to the Parliament—the mean quite a heavy workload will fall onto the Adult Guardian's first annual report—the Adult Adult Guardian. That will also be the case for Guardian highlights a number of very the new tribunal, which is going to be kept important matters, including the education role busy. I want to raise a number of points about that he has undertaken, which is where I left the new tribunal with the Minister at the off last evening. Committee stage, so I will not touch upon The Office of the Adult Guardian has held those now. a total of 74 information and education In fulfilling their role in some instances the sessions for professionals and other service members of the tribunal will need the wisdom providers, including legal professionals, of Solomon to be able to handle the breadth medical practitioners, health care workers, of issues and the conflict in issues that will hospital staff and service providers in the areas come from various family members and others of disability and aged care. I mentioned that appearing before them. Of paramount concern because it is going to take a great deal of work is the health and lifestyle of the individual to ensure that people are au fait not only with concerned. That is going to be particularly the powers of attorney—and that is the work important with the operation of this piece of that the Adult Guardian has been legislation. Because of the style of issues that 780 Guardianship and Administration Bill 12 Apr 2000 the Adult Guardian and the Public Advocate Protection from such abuse is all the more are going to be confronted with, I am sure that important when a person is totally unable to future annual reports of the Adult Guardian will make a decision because of their level of contain a far greater range of issues than are impairment. In its report, the Law Reform raised in the current annual report. Commission therefore advocated the adoption My contribution has covered the main of a comprehensive legislative scheme to points. I am not going to go through the apply to all people who, because of a decision- legislation item by item because the shadow making disability, need assistance to make Minister has already indicated that the their own decisions or a substitute decision Opposition supports the legislation. There are maker to make decisions on their behalf. a couple of issues we want to raise at the Importantly, the Bill acknowledges a Committee stage, but we will tackle those number of rights of adults with impaired issues when we come to those particular decision-making capacity. They are as items. follows— Dr CLARK (Barron River—ALP) An adult's right to make decisions is (12.34 p.m.): The Guardianship and fundamental to the adult's inherent Administration Bill represents the final stage of dignity. reforms initiated by the Labor Government The right to make decisions includes the back in 1990 to provide a comprehensive right to make decisions with which others scheme for the appointment of guardians and may not agree. administrators to manage the personal and financial affairs of adults with impaired capacity The capacity of an adult with impaired in Queensland. Not surprisingly, it had to wait capacity to make decisions may differ for the re-election of the Labor Government for according to the nature and extent of the the completion of these reforms, which was an impairment, the type of decision to be election promise of the Beattie Labor made including its complexity and the Government. support available from the adult's support network. Specifically, the Bill established a Guardianship and Administration Tribunal and The right of an adult with impaired the Office of the Public Advocate and provides capacity to make decisions should be for a scheme of community visitors with inquiry restricted and interfered with to the least and complaint functions for adults who live or possible extent. receive services in residential care centres. The An adult with impaired capacity has a right Office of the Adult Guardian, established to adequate and appropriate support for under Chapter 7 of the Power of Attorney Act, decision making. is continued with the provisions regulating its The Bill essentially seeks to provide an operation being transferred to the proposed appropriate balance between the right of an Guardianship and Administration Act. adult with impaired capacity to the greatest The provisions of this Bill implement the possible degree of autonomy in decision remaining recommendations of the 1995 making and the adult's right to adequate and Queensland Law Reform Commission report appropriate support for that decision making. titled "Assisted and Substituted Decisions: This long-awaited Bill will be welcomed by the Decision making by and for people with a family and friends of people with impaired decision making disability", and which were not decision making, be it through intellectual addressed in the Powers of Attorney Act of impairment, acquired brain injury, mental 1998. illness or, as in the case of a recent constituent who contacted me, diseases related to ageing As the Law Reform Commission noted at such as Alzheimer's disease. the time, making decisions is an important part of life. It empowers people by allowing them to Thus the Guardianship and Administration express their individuality. It enables people to Tribunal provided for in this legislation will have control their lives and gives them a sense of the power to appoint family and friends as self-respect and dignity. However, for some guardians who can deal with personal and decisions to be legally effective it is necessary health matters and administrators who can that the person making the decision has a have responsibility for financial matters on certain level of understanding. The reason for behalf of the person with impaired capacity this requirement is very simple: it is to protect without always having to depend on the Public against abuse or exploitation of a person who Trustee. may be made vulnerable by impaired decision- While it is of course appropriate that making capacity. family and friends should be entrusted with the 12 Apr 2000 Guardianship and Administration Bill 781 responsibility for making decisions on behalf of includes the following functions in relation to a loved one, the Bill recognises the need to adults with impaired capacity: promoting and guard against abuse of these powers and protecting their rights; promoting their requires that both administrators and protection from neglect, exploitation or abuse; guardians be bound by a set of principles encouraging the development of programs to underpinning the Bill when making decisions help them to reach the greatest practicable on behalf of the person concerned. degree of autonomy; promoting the provision I would like to touch on these principles of services and facilities for them; and because they are so fundamental to the monitoring and reviewing the delivery of implementation of this legislation. They are services to them. reflected in Schedule 1 of the Bill and they Finally, the Bill establishes a scheme of include— community visitors to safeguard the rights and a presumption of capacity. interests of consumers living in residential care and receiving treatment. However, I suggest a recognition that persons with impaired that the role of community visitors could be capacity have a right to the same basic extended in the future to give them power also human rights and the importance of to visit boarding houses, where many people empowering such persons to exercise those rights; with mild intellectual disabilities or a history of psychiatric illnesses live by themselves and, in a recognition of the need to encourage most cases, are particularly vulnerable and and support them in achieving their need the support of a community visitor. potential and in becoming self-reliant; In this debate, concern has been a recognition of their right to participate in expressed by the shadow Attorney-General decisions that affect them and the need with respect to the provisions of the Bill relating to include their views and wishes in any to special health care—in particular, decision affecting them; sterilisation and the termination of pregnancy. I a recognition of the need to maintain admit that this is a legitimate concern and that, existing supportive relationships and their in the past, we have had cases where it could cultural and linguistic environment and be thought that sterilisation of young women values; and has occurred perhaps not for the right reasons. a recognition of the need to act in a way In some instances, there could be a belief that that is appropriate to their characteristics their falling pregnant would leave them with a and needs. child for which they could not care properly. In some cases, the family does not wish to see Health care principles also spell out the disease-linked genes or intellectual disabilities way in which powers should be exercised, with continuing on. It is enormously important that promotion and maintenance of the person's those procedures, namely, sterilisation and health and wellbeing paramount. To further termination of pregnancy, occur for the right guard against abuse of the wide powers given reasons after very careful consideration. to guardians and administrators, the Bill requires review of people appointed by the I have looked at the Bill in some detail, tribunal to carry out these roles at least every given the concern that has been expressed. I five years, either on its own initiative or on the am satisfied that there are sufficient application of an interested person who may safeguards to prevent the unwarranted use of have concern about the care of the person these procedures. Firstly, they are matters that with reduced capacity. I acknowledge that at can be decided only by the tribunal itself. times it will be difficult for the tribunal to judge These difficult decisions are taken out of the the competing claims it may hear from hands of the family. The Bill sets out very different family members. But we now have a clearly under what conditions these procedures forum in which those concerns can be raised, can and cannot take place. In relation to properly evaluated and discussed. Hopefully, sterilisation, the Bill states— an outcome can be arrived at that will be in the "The tribunal may consent, for an best interests of the person with reduced adult with impaired capacity for the special capacity. health matter concerned ..." Further protection for people with impaired However, the sterilisation of the adult can capacity is provided for in the form of the Adult occur only if the tribunal is satisfied that one of Guardian—a powerful office created under the the following applies— Powers of Attorney Act and which will continue under this legislation. There is also a new "(i) the sterilisation is medically position, that of Public Advocate, which role necessary; 782 Guardianship and Administration Bill 12 Apr 2000

(ii) the adult is, or is likely to be, I have had a chance to look at the sexually active and there is no amendment proposed by the shadow method of contraception that Attorney-General. I cannot honestly see how could reasonably be expected to those words provide any greater safeguards be successfully applied; than what we are proposing in the Bill. It is my (iii) if the adult is female—the adult belief that the concerns expressed by the has problems with menstruation shadow Attorney-General, being those of the and cessation of menstruation Right to Life Association, are misplaced. I by sterilisation is the only understand why it is concerned, but I think the practicable way of overcoming safeguards are in the legislation. People the problems; and should have confidence in that legislation without the need for any further amendment. (b) the sterilisation can not reasonably be postponed; and In conclusion, the legislative scheme contained within the Guardianship and (c) the adult is unlikely, in the Administration Bill represents the combination foreseeable future, to have capacity of many years of hard work, commitment and for decisions about sterilisation." lobbying by the families and carers of persons Most importantly, the legislation spells out as with impaired capacity. I pay tribute to the follows— many parents and carers in my electorate for their dedication to their adult children with "(2) Sterilisation is not medically impaired capacity. We as members of necessary if the sterilisation is— Parliament all know people such as Colleen (a) for eugenic reasons; or Dolan in my electorate, who has over many (b) to remove the risk of pregnancy years dedicated herself to assisting not just her resulting from sexual abuse." own daughter but also many other people, by establishing organisations and programs such There are also further safeguards in as the Real Living Options Program to improve determining the appropriateness of this the quality of life for people with impaired procedure. For example, the Bill states— capacity. I commend the Bill to the House. "... the tribunal must take into account— Mr DEPUTY SPEAKER (Mr Kaiser): (a) alternative forms of health care, Order! Before I call the member for Gladstone, including other sterilisation I acknowledge the presence in the gallery of procedures, available or likely to constituents from the electorate of the become available in the foreseeable honourable member for Nicklin who are future; members of the Sunshine Coast Independent Living Service. (b) the nature and extent of short-term, or long-term, significant risks Mrs LIZ CUNNINGHAM (Gladstone—IND) associated with the proposed (12.46 p.m.): In supporting the Guardianship procedure and available alternative and Administration Bill, I wish to raise a couple forms of health care, including other of issues. This Bill has been some time in sterilisation procedures." coming. I do not think that is anybody's fault. The Queensland Law Reform Commission With respect to termination of pregnancy, report of June 1996 was implemented partly the legislation is again very clear. Proposed through the Powers of Attorney Act in 1999. section 71(1) states— This legislation represents the residual "The tribunal may consent, for an recommendations of the report. Both aspects adult with impaired capacity for the special of the report, that is, powers of attorney and health care matter concerned, to the Guardianship and Administration Bill, are termination of the adult's pregnancy only important, but for different reasons. If the take- if the tribunal is satisfied the termination is up in the use or discussion about use of necessary to preserve the adult from powers of attorney in my electorate is any serious danger to her life or physical or indication, there is certainly confidence in the mental health." process whereby a competent person appoints Those words are very clear. They are based on someone they trust to be a power of attorney the recommendations of the Law Reform or enduring power of attorney. Commission. I do not think there can be any However, the Guardianship and doubt about the intention of the legislation in Administration Bill addresses a different group respect of this matter. It states the law as it of people in our community. As the previous currently exists. speaker said, all of us have people in our 12 Apr 2000 Guardianship and Administration Bill 783 electorates who have years and years of There are some excellent safeguards in experience as carers of people with intellectual the Bill, particularly the qualifications to be a disabilities. They have had an impaired ability guardian. A person must be at least 18 years to make decisions often from the time they of age to become a guardian. I believe that is were born. These are the people who, essential. Even an 18 year old lacks the life because of the other complexities of the issue, experience to be able to make decisions on a were excluded from the Powers of Attorney number of issues. However, that is now the Bill. age of majority and it is appropriate that that be the point at which a person can qualify to I wish to mention a carer in my electorate. become a guardian. Lorraine and her husband, John, have a son Glen, who is in his late thirties. Glen would not Another qualification is that the person be alive today except for the high degree of must not be a paid carer. I think that is an care, compassion and love that Lorraine has exclusion that has been well thought out, not shown him over the years he has lived in her because all paid carers would take advantage home. She is his natural mother. However, on of the situation but because there will always a number of occasions I have discussed with be an instance when a paid carer does take her the fact that she is excluded from advantage of the situation. Unfortunately, Bills involvement in many of the decisions directly such as this have to look at the downsides of affecting Glen, yet she is the person who gets this new provision as well as the positive sides. up most nights when Glen has a seizure and The position ceases if that person becomes a attends to him. She ensures that his nutrition paid carer. That is the opposite situation to is appropriate and she does so in very what I have just said. It also ceases to be a complicated ways because of his inability to legal position if the couple divorce. Again, I eat and digest food properly. She puts great think that is a very practical condition to apply energy and time into making sure that Glen's to this situation. quality of life is as good as it possibly can be. I would like to thank in particular the She ensures that he gets to the hospital when current guardian, Mr Cockerill, for a lot of he needs medical attention. Yet in respect of advice that he gave a number of years ago. many of the intimate issues that relate to He was always very enthusiastic to talk about Glen's life, she was excluded from the this issue and had at heart the best interests decision-making process. These were passed of people who were in an impaired decision- to the Legal Friend or the Public Trustee, making position at that time. I believe that because Glen's impairment started at a time some of the strengths of this Bill are there when he was unable to commence a power of because of his enthusiasm, his vigorous attorney. In fact, they did not exist at the time. advocacy and his care for these people. I would also make the comment, as other I certainly welcome this opportunity—not speakers have, that the work of the tribunal will only for Lorraine but for many in her situation be difficult at times. However, it is constituted in all electorates—for carers to be directly in a manner that should give it the expertise to involved in the decision-making process. Often deal with these situations, possibly better than they are caring for people whom they love very someone who is close to the parties involved. I much. Whilst there are exceptions—there are commend also the inclusion of the provision abuses of that situation of trust—most of the for community visitors to those in residential people who will apply for this guardianship care. Unfortunately, the need for visitors in the position will be people who care deeply for the Child Protection Amendment Bill, which was person for whom they want to make the passed yesterday under Minister Bligh, decisions. indicates that abuse does occur in our There will always be a role for the Public community and that there has to be Trustee. There will always be situations in monitoring to ensure that abuse can be which there is no family member who is identified as early as possible. appropriate to be a guardian, there is no-one Overall, I think all of us here support this in close proximity to the person or there is Bill. It is a very sound step in the right direction. someone who is close but is not appropriate. I It empowers people who have demonstrated have to commend the Public Trustee in my their love and concern for a person over a long electorate, Greg. He has done a tremendous period and it ensures that they have an active job. I have talked to him about a number of role in the decision-making process—a role issues and he always displays a great deal of that they have been doing in a practical sense compassion and care for the people for whom as carers. This confers on them the right to he has responsibility. also be part of the decision-making process 784 Guardianship and Administration Bill 12 Apr 2000 affecting the health and welfare of that person. Honourable members should keep in mind I support the Bill. that it was Labor that sent this issue to the Hon. M. J. FOLEY (Yeronga—ALP) Law Reform Commission in 1990. The (Attorney-General and Minister for Justice and reference came back six years later, in 1996, Minister for The Arts) (12.54 p.m.), in reply: I after Labor had lost Government. It is now thank honourable members for their support of again under a Labor Government that we find the Bill and for their thoughtful contributions to the Bill being brought forward. the debate. This is, indeed, an historic The honourable member posed the moment. I well recall 10 years ago going along question: how does the Bill address the issue to a public seminar to appear on behalf of the of disputes about the authenticity of existing Honourable Bill Eaton, the then Minister for powers of attorney? The provisions Lands—a seminar organised by the ADARDA establishing the Adult Guardian have been group, the Alzheimer's Disease and Related transferred to the Guardianship and Disorders Association. They sought two goals. Administration Bill. The Adult Guardian has the One was to reform powers of attorney to power to investigate allegations of neglect, provide for enduring powers of attorney and exploitation and abuse. If a suspicion of fraud the second was to set up a guardianship and arose, that matter would be referred to the administration tribunal. police. Alternatively, the tribunal has been The processes of law reform grind vested with the jurisdiction of the Supreme exceeding fine and exceeding slow, but I am Court with respect to enduring documents very pleased and very honoured to have this under the Powers of Attorney Act 1998 and legislation before the House and to have it would be able to hear civil disputes arising out passed today. It will alter the law so as to of the origin of an enduring document. improve the quality of life for many Let me turn to the issues raised about Queenslanders who have a decision-making existing powers of attorney. The Bill ensures incapacity. It will enhance the dignity of their that the guardian or administrator will be lives. It will affirm the value of the contributions appointed only if there is a need that is of so many family members who care for otherwise not being met. If a previously people with a decision-making incapacity. appointed attorney is performing his or her Our law has been slow to evolve in this functions well and meeting the needs of the area and the changing age structure of our adult, the tribunal will not intervene. The Bill society makes it imperative that the further ensures that the needs of the adult are substantive law and the procedures in our law being met where an appointed attorney is change, alter and develop. It is not sufficient failing to meet those needs. The Bill expressly for the law merely to provide a framework provides that, if the tribunal knowingly appoints through the Supreme Court. It is necessary for a guardian or administrator to exercise a power the law to reach out in a user friendly, that has previously been given to an attorney accessible way to the community to enable the under an enduring document, the attorney can community, families and persons with impaired exercise their power only under the direction of capacity to get access to justice. That is what the guardian or administrator. However, the Bill this Bill is all about. It is important to note that also provides that, if the tribunal gives a power within that machinery there is built in provision to a guardian or administrator without for public advocacy on the part of the Office of knowledge of the existence of a power of the Public Advocate. attorney, when the guardian or administrator becomes aware of the prior document, their Let me turn to a number of the specific power is suspended and the tribunal must contributions made during the course of the review the appointment of the guardian or debate, firstly, from the member for Warwick, administrator. The Bill also protects attorneys Mr Springborg. I thank the Opposition for its who exercise their powers without knowledge support of this Bill. I thought the member for of a subsequent appointment by the tribunal Warwick showed an heroic resilience in and those who act in accordance with seeking to raise the question of delay. Had the instructions in an advance health directive coalition acceded to the amendments moved without knowledge of the subsequent by Labor when in Opposition, we would not appointment of a guardian. have had to have brought this Bill before the House. Mr Springborg appears to have a very Sitting suspended from 1 p.m. to short memory in respect of the events that 2.30 p.m. occurred during the term of the last Mr FOLEY: The honourable member Parliament. We have brought this Bill forward raised issues about the five-year review in order to provide access to justice. provided for in the legislation. The Intellectually 12 Apr 2000 Guardianship and Administration Bill 785

Disabled Citizens Council of Queensland a range of knowledge, experience or skills currently reviews appointments every five relevant to the exercise of the functions of years. The Law Reform Commission did community visitors and reflecting the social recommend a review after the initial and cultural diversity of the general community appointment after two years and a subsequent and consisting of equal numbers of males and review after three years. The Bill states that, females. where the adult's impairment is not considered I turn now to the issues raised by the Bar permanent, the review should be as ordered Association which were discussed by the by the tribunal but at least every five years. member for Warwick. The first issue was the Thus, the tribunal has a discretion to order a use of broad principles in the legislation. This shorter review period. Where the impairment is was in fact an essential element of the permanent, the appointment should be Queensland Law Reform Commission report. reviewed at least every five years. As The Law Reform Commission reported that the recommended by the Law Reform principles in Schedule 1 of the Bill give Commission, the tribunal has the further power statutory recognition to the rights of people to review an appointment at any time on its with a decision-making disability whilst at the own initiative or on the application of an same time recognising their need to be interested person for the adult. Resource shielded against neglect, abuse and implications of such reviews were of course exploitation if, because of their disability, they taken into account in giving the tribunal its are prevented from making decisions which budget. adequately protect their interests and personal The issue of appointments to the tribunal welfare. There is nothing wrong with putting was raised. Positions of president, deputy forward general principles. I noted with some president and tribunal members were wry amusement the reference of the advertised in the Courier-Mail on 18 March this honourable member to George Orwell's Politics year. The Bill requires that the positions be of the English Language. advertised. The required qualifications of the Mr Springborg interjected. president and deputy president and members are found in the Bill and include such things as Mr FOLEY: I understand that. I guess I an appropriate understanding of issues about never really expected the National Party to use impaired capacity and extensive professional George Orwell in the course of its arguments, knowledge or experience of persons with but I guess we learn something new in this impaired capacity. Chamber every day. The issue was also raised as to the ability As to the issue of the separate Office of of the guardian and administrator to resign. the Adult Guardian and Public Advocate—this The requirement that a guardian or was recommended by the Law Reform administrator's resignation be approved by the Commission and is seen as addressing both tribunal was recommended by the Law Reform the issue of individual advocacy and systemic Commission. This provision is intended to advocacy. I should say that I think it is quite, ensure continuity of substituted decision as Sir Humphrey Appleby would say, making. As there is no fee to apply to the courageous of any Government to establish tribunal, such an application should be both an office such as the Office of the Public cheap and simple. One has to understand that Advocate because it involves a recognition this is a very important relationship and should that there will be systemic advocacy, that is, not be easily set aside. Persons seeking to the person who holds that office will have a dissolve a marriage have to go to the court to duty to raise matters in the public interest. have it approved. Whilst this is not in the It has been the experience of nature of a marriage, it is in the nature of a Governments in recent years that many special relationship, the dissolution of which independent commissions that have been set should require approval by the tribunal. up are not slow to criticise Governments in As to the question of advertising for regard to matters that they feel have been community visitors, there is no express neglected. It is particularly important that we provision requiring the advertising of the have the Office of the Public Advocate. We do position of community visitor and the scheme not want to see another Basil Stafford. We do for their appointment is not yet finalised. not want to see the issue of people with a Queensland Health and the Department of decision-making incapacity swept away from Families, Youth and Community Care have the public gaze. It has been said more than asked to be involved in their appointment. once that the greatest disinfectant is sunlight. Legislative requirements for appointment Those issues which are aired with the light of include those set out in the Bill, that is, having public day upon them will get attention. I 786 Guardianship and Administration Bill 12 Apr 2000 believe that the Office of the Public Advocate vexed one. Extensive consultations were can perform an important role. undertaken. I am aware that there is a view amongst The placing of responsibility for consent many in the disability community that the determinations of pregnancy with an Office of the Public Advocate should be independent tribunal vested with wide broadened and extended to cover the rights of investigative powers was seen by the all people with a disability and that, commission as a better alternative to accordingly, the community visitors scheme terminations being undertaken without proper should be extended in a similar way. That regard to the rights and wishes of the adult suggestion is a sincere and thoughtful woman concerned. On the other hand, without suggestion and one that deserves careful provision for substituted consent, adult women attention. The Government has not sought to who lacked the capacity to consent to a incorporate that suggestion in this Bill, though termination of pregnancy would be forced to it is mindful of the concerns for others in the give birth to the child, even if the continued community with a disability to have an effective pregnancy would have a seriously adverse advocate. This legislation will, however, effect on her physical or mental health. The address the specific and, I believe, crucial commission finally commented in its report need for people with a decision-making that— incapacity to have their problems addressed. I "The Commission remains of the am very proud, if I may respectfully say, to be view that, since in certain circumstances a a part of a Government which is taking the termination procedure may be lawfully step of introducing the Office of the Public performed in Queensland, it is necessary Advocate. that an appropriate consent mechanism Let me turn to some of the other issues be provided for a person who lacks such as the one concerning special personal capacity to decide personally whether the matters. The Bar Association wants the procedure should be performed." tribunal to assist adults with impaired capacity The Bill before the House reflects the existing in the exercise of special personal matters. law of Queensland and it makes provision for The Law Reform Commission decided that adults with impaired capacity to have access to decisions such as making wills and enduring the same legal rights as adults with capacity, in documents consenting to marriage, adoption this as in other areas of law. and voting are of such a personal nature that if the person lacks the capacity to make the The other issue raised was that of decision on their own behalf it should not be sterilisation. The placing of the decision- possible for someone else to make a making power for this issue with an substituted decision for the person. While independent tribunal with wide powers to gather information and evidence is seen as a some jurisdictions have allowed for substitute way to ensure that sterilisations are not decision makers to make wills on behalf of an undertaken automatically as a means of birth adult with impaired capacity, this was not control or menstrual management, without considered an appropriate matter for this consideration of alternative methods. The legislation and was best left for the review of commission noted in its report that there is "a the succession laws. growing community awareness about the I turn now to the concerns expressed by importance of safeguards against the Right to Life Association as raised by the inappropriate use of these forms of member for Warwick. Considerable care has intervention, particularly sterilisation been taken in this area by the Law Reform procedures, and an increasing concern about Commission over the course of its very the long-term health effects of procedures extensive consultation and deliberation on which result in sterilisation". these matters. As I indicated earlier, the matter The member for Warwick has was referred in 1990 and was not reported on foreshadowed an amendment. The until 1996. That indicates the depth of care Government does not propose to accept the that was taken. amendment for the following reasons. Firstly, With regard to the issue of termination of the existing words of the Bill are based on the pregnancy, the Guardianship and Queensland Law Reform Commission report, Administration Bill is the second stage of the developed over a six-year period with great implementation of the Law Reform care. Secondly, the existing words of the Bill Commission's report. The matter of the state the existing law of Queensland. Thirdly, termination of pregnancy of adults with a the Queensland Law Reform Commission decision-making disability is, of course, a wording has been the subject of extensive 12 Apr 2000 Guardianship and Administration Bill 787 community consultation whereas the preserve the adult from serious danger to Opposition's amendment has not had any her life or physical or mental health." community consultation, to the best of my I understand that the Government knowledge. believes, based on the investigations and I thank other honourable members who recommendations of the Queensland Law have contributed to the debate: the Reform Commission, that that provides the honourable members for Kurwongbah, Barron necessary protection and similarity in wording River, Gladstone and Indooroopilly. Their to section 282(2) of the Criminal Code. The support for the Bill is greatly appreciated. concern specifically raised with me is that to I cannot think of a more important piece many people this appears to be a lesser test in of law reform which this Parliament will relation to the termination of pregnancy than undertake during the course of this term. This that which currently exists in the Criminal Code. is law reform which makes a difference. This is This amendment seeks to ensure that the law reform which materially alters the quality of wording more accurately reflects the wording of life for many Queenslanders. This is law reform the Criminal Code, which this Parliament which represents a sea change in the way the assented to in the past. Section 282, which substantive law and the procedural law deal deals with protections offered for the with the rights and dignity of persons in our termination of pregnancy, states— community who find themselves with an "A person is not criminally impaired decision-making capacity. It is with responsible for performing in good faith great pleasure that I commend the Bill to the and with reasonable care and skill a House. surgical operation upon any person for the patient's benefit or upon an unborn Motion agreed to. child for the preservation of the mother's life if the performance of the operation is Committee reasonable, having regard to the patient's state at the time and to all circumstances Hon. M. J. FOLEY (Yeronga—ALP) of the case." (Attorney-General and Minister for Justice and Minister for The Arts) in charge of the Bill. Again, clause 71(1) currently states that "the tribunal may consent, for an adult with Clauses 1 to 70, as read, agreed to. impaired capacity for the special health matter Clause 71— concerned, to the termination of the adult's pregnancy". From there on, the wording starts Mr SPRINGBORG (2.46 p.m.): I move the to vary from the wording of the relevant section following amendment— in the Criminal Code. I suppose one could "At page 55, lines 14 to 16— argue that they are fairly strong words and that omit, insert— they provide the necessary protections, but I am attempting to ensure similarity in relation to 'the special health matter concerned, to the preservation of the mother's life—that is the performance of a surgical operation paramount—and in relation to the regard on the adult's unborn child for the those making the decision have to have at the preservation of the adult's life, if the time. performance of the operation is reasonable, having regard to the adult's As honourable members would state at the time and to all circumstances appreciate, my amendment more accurately of the case.'." reflects the wording of the relevant section in the Criminal Code. It states— I will explain the reasons for this "... the special health matter concerned, amendment, notwithstanding that I appreciate to the performance of a surgical operation the arguments put forward by the Attorney- on the adult's unborn child"— General. This amendment does not represent any attempt at disruption on the part of the from this point the amendment reflects the Opposition. It relates to an issue raised with us wording of the Criminal Code— by Right to Life Queensland. I can understand "for the preservation of the adult's life, if its concern. Clause 71(1) as it stands states— the performance of the operation is "The tribunal may consent, for an reasonable, having regard to the adult's adult with impaired capacity for the special state at the time and to all circumstances health matter concerned, to termination of of the case." the adult's pregnancy only if the tribunal is The wording in my amendment is more in line satisfied the termination is necessary to with the wording of section 282 of the Criminal 788 Guardianship and Administration Bill 12 Apr 2000

Code and does allay the fears of the people in sort of consistency with regard to the the community who have put forward the termination of a pregnancy. proposition that the Guardianship and Mr FOLEY: For the reasons I outlined Administration Bill promotes a lesser standard earlier, the Government does not accept the or varies in wording from the Criminal Code amendment. The Law Reform Commission and therefore may offer less protection for the considered these matters over a very long unborn. period—between 1990 and 1996. During the As I indicated in this Parliament course of that time the commission circulated yesterday, the broader issue of the termination draft legislation. Clause 159 of that legislation of a pregnancy may be a matter that the is the source for clause 71 of the current Bill. Parliament will debate at some future time. It I note that the honourable member often may not debate that question. I personally urges the Government to consult—and to hope that it does not debate the issue. consult with the Opposition. May I say that the However, that may very well be at the first I heard of the Opposition's amendment prerogative of another member who brings it was yesterday. I am not aware of any before the Parliament. That will be the subject community consultation on it. of a conscience vote. Mr Springborg: It was the first time I All I am seeking to do is ensure heard of your amendment, too—yesterday. consistency between the Guardianship and Mr FOLEY: I accept the interjection from Administration Bill and section 282 of the the member. I have a number of Criminal Code, which deals with the protections amendments, all of which are technical, the that are afforded to those who might engage bulk of which were foreshadowed in the in the termination of a pregnancy. My correspondence that I had with the Scrutiny of amendment will lead to a greater degree of Legislation Committee. That correspondence consistency. was laid before the Parliament. The existing I appreciate the issues raised by the words of the Bill state the existing law of Attorney-General, but this is all about ensuring Queensland. a degree of consistency. It is important that Let me take honourable members to the the same standards apply and that the same Law Reform Commission report, and in levels of protections also apply. It will not be particular to chapter 5 at pages 62 and 63 my intention to divide on this clause if the which dealt with this issue. In discussing the Government does not accept my amendment, approach, the commission observed that its but I think it is important that I make the recommendation was reflected in clause 19(c) statement here today, by way of this of the draft Bill in chapter 13 of the draft report. amendment, that the coalition has some It goes on to say this— reservations about the wording of section 71(1) "The submissions received by the of the Guardianship and Administration Bill. Commission in response to the draft We simply seek to ensure that the wording report generally supported the concerning the termination of a pregnancy is Commission's approach. Only two similar to that which is in the Criminal Code. submissions disagreed with the This is very similar to a provision that was Commission's recommendation. Their contained in the original Powers of Attorney Bill argument was based on opposition to the which was introduced by the then Attorney- actual performance of a termination General, the honourable member for procedure. However, the Commission Indooroopilly. At that time there was some remains of the view that since in certain concern over a person's right to choose their circumstances a termination procedure medical treatment under a delegated may be lawfully performed in Queensland, authority, namely a power of attorney. At that it is necessary that an appropriate stage there was some concern about consent mechanism be provided for a euthanasia. person who lacks the capacity to decide personally whether the procedure should The then Attorney-General, the member be performed." for Indooroopilly, Mr Beanland, sought to make it very clear in the legislation that there At chapter 10 of the report, the Law Reform was nothing in the Powers of Attorney Act Commission again deals with the matter and which could be perceived as being in conflict carefully sets out its recommendations and the with the Criminal Code with regard to the reasons for them. preservation of human life. This amendment is In clause 159 of the Law Reform directed at ensuring that we have the same Commission's Bill the test is set out. I believe 12 Apr 2000 Guardianship and Administration Bill 789 that that is a perfectly satisfactory statement of and with reasonable care and skill a the existing law based upon the careful surgical operation upon any person for deliberations of the Law Reform Commission. I the patient's benefit, or upon an unborn think it would be unwise to depart from it. child for the preservation of the mother's Mr PURCELL: I support all that the life if the performance of the operation is Attorney-General has said and I would like to reasonable, having regard to the patient's add a few comments of my own. I think most state at the time and to all the honourable members would realise where I circumstances of the case." stand in relation to matters such as this. Basically, the only way that we can consent to I reiterate what the Attorney-General has the termination of a pregnancy in this State at said in regard to this amendment being laid on present is by surgical operation. A number of the table today. I am not going to dissect this years ago there was a debate about an amendment to see exactly what it means. The abortion Bill—I think RU-something or other. words contained in the legislation have been That would have been considered a medical looked at over a period of years. People have procedure. That was taking this matter into a come to understand what the words mean. completely different realm. The amendment refers to the If we start opening it up into a debate performance of a surgical operation. I do not which could lead to the medical termination of know what a "surgical operation" means. I a pregnancy we will be getting into a very deep would like to consult the Catholic Church and moral area. I assure the honourable member get its views on a matter such as this. I do not for Bulimba that this amendment was directed know whether the Opposition has consulted at inserting consistency into the legislation. I the Catholic Church, the Anglican Church, the appreciate the issues which the honourable Uniting Church or any churches at all. If we are member raised. The same sorts of issues were going to start changing the wording of clauses raised with me by Queensland Right to Life. which have been inserted into legislation after That organisation was expressing a far greater lengthy and wide-ranging consultation, we degree of opposition to that aspect of the Bill. need to let people know what we are doing My amendment was directed at and have the matter lie on the table for a attempting to address some concerns which lengthy period. had been raised with me in the larger Mr SPRINGBORG: I was not intending to community about the potential—and it is a speak again, but I was most interested to hear matter of words—for having a lesser standard what the member for Bulimba said. I in the Guardianship and Administration Bill. I understand and appreciate his commitment on was seeking to insert a range of words which this issue because it is very much on the table. were consistent. I can provide the honourable He has made his views known publicly, as member with the documentation. Obviously have other honourable members—both for this is a matter where the Government will not and against. accept the amendment. I appreciate the Government's point. I am putting forward my It is not a question of opening up a point of view. I will not divide on this particular debate. Whilst I actually laid these amendment. There is a reason for the amendments on the table yesterday, they amendment, and I hope I have explained that were not formulated yesterday. I appreciate to the honourable member. the need for consultation. I receive Mr SULLIVAN: In common with my Government amendments to a whole range of colleague, my views on the issue that is issues, technical and otherwise, on the day. A included in this clause are well known. I am moment ago the Attorney-General said that very much in the pro-life camp. I appreciate his amendments were only technical. My that the shadow Attorney-General sees this amendment is a technical amendment as well because the issue is the wording of the clause. amendment as technical, but I suggest that Sometimes technical amendments can have a because of the sensitivity of the whole area significant impact. that this clause deals with, a process of consultation is really needed. Again, I can The member for Bulimba raised the accept that there will be many occasions on question of what the word "surgical" means. which a Minister will put an amendment before Basically, this amendment is a restatement of the Chamber to which the members have not the law as it currently exists in Queensland. had access. However, on such an issue, I Section 282 of the Criminal Code says this— believe that we need to go more broadly. That "A person is not criminally is why I could not support the amendment. responsible for performing in good faith Amendment negatived. 790 Guardianship and Administration Bill 12 Apr 2000

Clause 71, as read, agreed to. legalistic. I have accepted the urgings of Clauses 72 to 81, as read, agreed to. people on the Intellectually Disabled Citizens Council of Queensland that we need to do all Clause 82— that we can to ensure that this tribunal is not Mr FOLEY (3 p.m.): I move the following legalistic and that it operates in as user friendly amendment— a way as possible. However, I accept the "At page 62, lines 17 to 19— observation of the Scrutiny of Legislation Committee and move accordingly. omit, insert— Mr SPRINGBORG: I do not propose to '(g) registering an order made in another speak to all the amendments moved by the jurisdiction under a provision, Act or Attorney-General in the Committee stage, but I law prescribed under a regulation for would like to say that the Opposition will be section 167;'." supporting the Minister's technical This amendment is consequential to the amendments. There are a whole range of amendment recommended by the Scrutiny of amendments that have been brought before Legislation Committee to clause 167 that the Parliament. I would like to commend the recognised that Federal, interstate and foreign Attorney-General for taking on board the laws should be prescribed by regulation rather concerns of the Scrutiny of Legislation than notified by Gazette notice. Clause Committee. 101(1)(g) has been amended to reflect the Amendment agreed to. new wording of clause 167. Clause 101, as amended, agreed to. Amendment agreed to. Clauses 102 to 107, as read, agreed to. Clause 82, as amended, agreed to. Clause 108— Clauses 83 to 100, as read, agreed to. Clause 101— Mr BEANLAND (3.03 p.m.): This clause relates to procedural fairness. However, I do Mr FOLEY (3.01 p.m.): I move the not wish to refer to that point; I wish to refer to following amendment— the term "active party" which is contained in it. "At page 69, after line 17— I notice that that terminology also appears in insert— clauses 118 and 119. I raise this issue now because I expect that all of those people who '(4) Despite subsections (2) and (3), when appear before the tribunal would receive constituted to hear an application for a procedural fairness. Whilst I understand that warrant to enter a place and to remove an clause 118 sets out who is an "active party" to adult,1 the tribunal must be constituted by the hearings, it seems to me that the way in or include 1 of the following members— which we are going about this process is very (a) the president; cumbersome. (b) a deputy president who was eligible As I said, I would have thought that every for appointment under section person appearing before the tribunal should 86(5)(a); receive procedural fairness. I think that the (c) a legal member.'. reference to "active party" in this clause makes the process rather cumbersome. There may 1 See chapter 7 (Tribunal proceedings), part be a reason for this about which I am not 5 (Particular proceedings or orders), aware, but on reading the clause, it struck me division 2 (Entry and removal warrant), as rather quaint—for want of a better particularly section 149 (Issue of entry and term—that we are spelling out what an active removal warrant)." party is. This amendment addresses a concern I accept that clause 118 spells out the raised by the Scrutiny of Legislation definition of "active party" as those persons Committee in that the tribunal will be issuing who are advised about the hearing. However, I warrants of entry and removal that currently would have thought that all people appearing are issued by a magistrate under the Powers before the tribunal would receive procedural of Attorney Act 1998. The amendment reflects fairness. A whole range of people could the committee's recommendation that when appear before the tribunal for various reasons, the tribunal is issuing such warrants the some of whom may not be covered by the tribunal should be constituted by or should term "active party". I just do not understand include a member with legal qualifications. why we have to have a separate definition for I might just add that, where possible, I that term and spell out who is covered by it have resisted pressure to make the tribunal instead of just simply covering everyone. It 12 Apr 2000 Guardianship and Administration Bill 791 seems to me that we could end up with the saying that I still think that this could cause situation becoming a nightmare. some problems for the tribunal. It just seems Mr FOLEY: This issue covers a number of to me to be a rather unwieldy way of handling clauses. It relates to clause 108, it relates also the situation, but time will tell. to the definition of "active party" in clause 119 Mr FOLEY: I guess time will tell. It is and, as the member for Indooroopilly said, it probably necessary to put it in these terms, relates also to the advising of persons by the because the preceding clause 107 actually tribunal under clause 118. compels the tribunal to act as informally as In short, this clause gives statutory possible—to act quickly and so on. So it is a recognition to the common law principle of question of balancing the need for expedition natural justice or procedural fairness. The on the one hand with the need for procedural scheme of the Bill is that clause 118 requires fairness on the other. all the persons set out there to be notified. Of This is a novel tribunal. Those two course, not all of those people in every case competing principles give the tribunal its are actually going to respond, not all of them unique character. There will have to be some are going to become active parties. If those considerable work done in trying to balance people do respond, they will become active those competing principles in the months and parties. Then they come before the tribunal years to come. I hope that it will be able to be and they are accorded natural justice in the done in a way that is both fair and informal. usual way. That is certainly the intent of the legislation. Mr BEANLAND: I do not want to hold up Clause 108, as read, agreed to. proceedings, but I want to clarify that. Did I not hear the Attorney-General say that all persons Clauses 109 to 136, as read, agreed to. appearing before this tribunal would receive Clause 137— procedural fairness? I take it that that is a common situation. However, I still do not quite Mr FOLEY (3.09 p.m.): I move the understand why we have spelt out procedural following amendment— fairness for an "active party". The clauses spell "At page 86, lines 13 to 17— out who are the active parties. Surely, there is another way of doing this to indicate clearly omit, insert— that everyone who appears before the tribunal '(6) However, evidence of, or directly or should receive procedural fairness and certain indirectly derived from, a person's answer people such as these active parties must or production of a document or thing that receive advice of the hearing. might tend to incriminate the person is not I contend that there are two issues here. I admissible in evidence against the person appreciate that there is the issue of those in a civil or criminal proceeding, other concerned about the hearings, which is than—'." covered under clause 118, as distinct from This amendment provides a clarification procedural fairness for all who are appearing requested by the Scrutiny of Legislation before the tribunal. I am still not quite clear on Committee. While evidence directly or indirectly this matter. derived from an answer or document that a Mr FOLEY: I guess it turns on the person has been obliged to give or produce to distinction between active parties and the tribunal was protected under the original witnesses. But for this legislation, the question clause, it was unclear that the answer itself arises whether somebody would have a was also protected. This amendment ensures sufficient interest at common law to be entitled that the answer is protected. to procedural fairness or natural Amendment agreed to. justice—whether they would have a proprietary interest or some other interest capable of Clause 137, as amended, agreed to. recognition in common law. They may or may Clauses 138 to 159, as read, agreed to. not. This clause enables those people to be served. Having been served in accordance Clause 160— with the provisions of section 118, if they then Mr BEANLAND (3.10 p.m.): The way it exercise the option to participate, then the reads to me, this clause provides for a person provisions of clause 118 kick in. Otherwise to commence an appeal in the Supreme Court persons who are there, really, simply have the prior to the application for review being heard status of witnesses. by the tribunal. If that is the case, it would Mr BEANLAND: I understand what the seem that this would be premature in that the Attorney-General is saying. I will conclude by tribunal may remedy the situation if it finds in 792 Guardianship and Administration Bill 12 Apr 2000 favour of the aggrieved person, thereby out, but it is implied. I suppose if there was removing any need to launch an appeal. The some extraordinary delay on the part of the clause, I believe, should read— review by the tribunal, it could kick in, but in the "A person aggrieved by a decision of normal course of events one makes an the registrar may start an appeal under application for review, it gets determined and part 8 only if the tribunal has heard the then things proceed. application for review and determined it in Clause 160, as read, agreed to. favour of the registrar's decision." Clauses 161 to 165, as read, agreed to. I appreciate and accept that, obviously, once the decision has been made there needs to Clause 166— be the appeal provision. I may be reading this Mr FOLEY (3.15 p.m.): I move the wrongly. However, I have read it several times following amendment— and the way it is currently worded does not "At page 101, lines 5 to 7— seem to make it any clearer. Perhaps if I could get some indication of what the real situation omit, insert— is, because it would be quite absurd to have ' "recognised provision" means a the situation where a person has to lodge an provision, Act or law prescribed under a appeal before a decision is made, yet that regulation for section 167. seems to be the way that this clause is worded. "registrable order" means an order made under a recognised provision.'." Mr FOLEY: I think the simplest way to explain it is to go to the words of the clause. This amendment amends clause 166 by Clause 160 provides— inserting a definition of "recognised provision" "Any person aggrieved by a decision as meaning a provision, Act or law prescribed of the registrar in a matter may apply to under a regulation for section 167. the tribunal to review the matter." Amendment agreed to. It is not an application to the court; it is an Clause 166, as amended, agreed to. application to the tribunal. The tribunal goes Clause 167— through the process and a person cannot appeal the registrar's decision until there has Mr FOLEY (3.15 p.m.): I move the been the review by the tribunal. That is the following amendment— point. "At page 101, lines 8 to 12— Mr BEANLAND: I am not trying to be omit, insert— difficult about this. I accept that the decision cannot be appealed to the court until the 'Regulation prescribing recognised decision has been made by the registrar. But provision clause 160(4) states— '167. If an Act, or provision of an Act, of "A person aggrieved by a decision of the Commonwealth or another State, or a the registrar may start an appeal under law, or provision of a law, of a foreign part 8 only if the aggrieved person has jurisdiction, allows an order to be made applied for a review under this part." that is similar to an order that may be From the way it reads it seems to me that a made under this Act or the Powers of person may apply for appeal before the Attorney Act 1998, the provision, Act or decision has been made. Obviously, a person law may be prescribed under a regulation has to apply for the review of the tribunal first. for this section.'." Once that has occurred, it does not say This amendment addresses a anything about the decision. As I said at the recommendation of the Scrutiny of Legislation outset, I accept that once the decision has Committee that, in order to ensure the Bill been given by the registrar, if that decision sufficiently subjects the exercise of a goes against the party, that party has the right delegated legislative power to the scrutiny of of appeal. I am not arguing that point. I think the Legislative Assembly, recognised Federal, from the way it is worded here, with interstate and foreign laws should be respect—and someone can tell me if I am prescribed by regulation rather than notified by wrong—means that, very simply, an appeal gazette notice. may be lodged prior to the decision being Amendment agreed to. made. Mr FOLEY: I think that's implied, really. I Clause 167, as amended, agreed to. take the point that perhaps it could be spelt Clauses 168 to 187, as read, agreed to. 12 Apr 2000 Guardianship and Administration Bill 793

Clause 188— 'PROPERTY LAW ACT 1974 Mr FOLEY (3.16 p.m.): I move the '1. Section 38(5A)— following amendment— omit, insert— "At page 112, lines 13 to 17— '(5AA) If any of the co-owners is a person omit, insert— for whom an administrator has been '(3) However, evidence of, or directly or appointed under the Guardianship and indirectly derived from, a person's answer Administration Act 2000 for the property, or production of a document or thing that the notice must be served on the might tend to incriminate the person is not administrator. admissible in evidence against the person '(5A) If any of the co-owners is an in a civil or criminal proceeding, other incapacitated person within the meaning than—'." of the Public Trustee Act 1978, the notice This amendment provides a clarification must be served on the person charged by requested by the Scrutiny of Legislation law with the management and care of the Committee. While evidence directly or indirectly incapacitated person's property, or if there derived from an answer or document that a is no person charged, on the public person has been obliged to give or produce to trustee.'. the Adult Guardian was protected under the '2. Section 39(1)(a), 'intellectually disabled original clause, it is unclear that the answer citizen, patient (within the meaning of the itself was also protected. This amendment Mental Health Act 1974), patient'— ensures that the answer is protected. omit, insert— Amendment agreed to. 'person for whom an administrator has Clause 188, as amended, agreed to. been appointed under the Guardianship Clauses 189 to 263, as read, agreed to. and Administration Act 2000 for the property'. Schedules 1 and 2, as read, agreed to. '3. Schedule 6, definitions "intellectually Schedule 3— disabled citizen" and "patient"— Mr FOLEY (3.17 p.m.): I move the omit.'. following amendments— At page 190, after line 6— "At page 158, after line 3— insert— insert— 'TRUSTEE COMPANIES ACT 1968 'ANTI-DISCRIMINATION ACT 1991 '1. Section 21(1)(c)— '1. Section 112, example— omit.'." omit, insert— The first amendment inserts two 'Example— consequential amendments to legislation It is not unlawful for a person to refuse to administered by my department. The enter into a contract with a minor, or a amendment to the Anti-Discrimination Act person who has impaired capacity for the 1991 replaces an example that referred to contract within the meaning of the Schedule 5 of the Mental Health Act 1974, Guardianship and Administration Act which will be repealed upon enactment of this 2000, if the contract can not be legally Bill. The amendment to the Bail Act 1980 enforced.'. replaces a reference to an adult protected person under the Public Trustee Act 1978 with 'BAIL ACT 1980 a reference to a person who is subject to a '1. Section 21(1)(c), 'protected person guardianship or administration order. within the meaning of the Public Trustee Protection orders under the Public Trustee Act Act 1978'— will be limited in application to persons under omit, insert— 18 upon enactment of this Bill. 'person for whom a guardian or The second amendment is necessary to administrator has been appointed under replace references to an intellectually disabled the Guardianship and Administration Act citizen and a patient under the Mental Health 2000'.'. Act 1974 with a reference to a person for whom an administrator has been appointed At page 182, after line 3— under the Guardianship and Administration Act insert— 2000. "Intellectually disabled citizen" is defined 794 Domestic Building Contracts Bill; Queensland Building Tribunal Bill 12 Apr 2000 as an intellectually disabled citizen within the Third Reading meaning of the Intellectually Disabled Citizens Bill, on motion of Mr Foley, by leave, read Act 1985, an Act that is to be repealed upon a third time. enactment of this Bill. "Patient" under the Mental Health Act 1974 was defined as a patient under Schedule 5 of that Act, which is DOMESTIC BUILDING CONTRACTS BILL also to be repealed upon enactment of this QUEENSLAND BUILDING TRIBUNAL BILL Bill. Second Reading (Cognate Debate) The third amendment is necessary to Resumed from 29 October 1999 (see p. remove a reference to Schedule 5 of the 4613). Mental Health Act 1974, as this schedule is to be deleted upon enactment of this Bill. Mrs SHELDON (Caloundra—LP) (3.22 p.m.): Having delivered the QBSA Bill as Amendments agreed to. the first tranche of the Better Building Industry Schedule 3, as amended, agreed to. legislative reform package—and in respect of Schedule 4— which the Minister stated, "Having delivered Mr FOLEY (3.19 p.m.): I move the unprecedented protection to the following amendments— subcontractors, we are now focused on improved service and certainty for "At page 195, line 8, definition consumers"—we are now debating the "notified law"— Queensland Building Tribunal Bill and the omit. Domestic Building Contracts Bill, in respect of At page 196, after line 23— which the Minister has declared— insert— "With these two Bills completing the package, Queensland will have a system ' "recognised provision", for chapter 9, see of building industry regulation section 166.'." unsurpassed in Australia." The first amendment removes the definition "notified law" from the Dictionary of We will have to wait and see whether it is the Bill. This definition is no longer required, as unsurpassed and whether it fulfils the clause 167 has been amended to refer to laws requirements. being prescribed by regulation rather than I understand there is a raft of being notified by Gazette notice. amendments to this Bill. I wish to speak about The second amendment inserts a why that is so. I commend the previous signpost in the Dictionary of the Bill to the new shadow Minister, Bruce Davidson, for the hard definition of "recognised provision" in clause work he did on this Bill. Importantly, when he 166, which was inserted to allow for clause 167 spoke to industry representatives who were to be amended to refer to recognised laws very annoyed that they had not been being prescribed by regulation rather than consulted about how this Bill was going to being notified by Gazette notice. affect them, he suggested that the easiest and best way for the building industry to I take this opportunity to thank the officers proceed would be to contact the Minister and of my department for their prodigious hard go through with her and her advisers the work on this Bill. In particular, Catherine Dineen problems that they saw confronting them. I has been the officer who has laboured long understand that that happened; the Minister and hard on it, ably supported by Mr Terry had further consultation with these people. As Ryan and Mr Peter Byrnes in their capacities a result, we now see a lot of amendments. It within the Policy and Legislation Division of my was to Bruce Davidson's credit that he went department. I make special mention of the about it in that manner and did not politicise Parliamentary Counsel, who has laboured on the issue by going public in the media and this since the days when Denver and I used to pointing out the weaknesses in the legislation. joust about it back in 1998. Ms Theresa Johnson, who has drafted more versions of There is no doubt that this Bill is important this Bill than most of us have had hot and is needed. I am not questioning the need breakfasts, deserves a great deal of credit for and relevance for a written contract where one the long, hard work she has put in to bring this party, usually the consumer, is making possibly Bill to fruition. the biggest single personal financial decision they will make in their lifetime. As the Amendments agreed to. Explanatory Notes so succinctly point out— Schedule 4, as amended, agreed to. "For most consumers, signing a large Bill reported, with amendments. building contract for a new home, 12 Apr 2000 Domestic Building Contracts Bill; Queensland Building Tribunal Bill 795

extensions or renovations will be payment of moneys. It is a right that is rarely something experienced once or twice in a used by builders. I have asked builders about lifetime. For building contractors, it is an this. Nevertheless, it is a very important right. everyday occurrence." Interestingly, it is exactly the position adopted That is true; this is their business. It by the Office of State Revenue. In clause continues— 42BA(1) of the consultation draft of the First Home Owner Grant Bill 2000, the Government "This disparity in knowledge and maintains the right to place a registered understanding of contractual principles charge or, more correctly, a caveat over an between the parties frequently applicant's interest in the land. It appears that disadvantages consumers." the Government—the same Government of There is nothing surer than the fact that which the Minister is a member—believes it is building a house or undertaking major reasonable for the State to retain the right to extensions is a major undertaking. People who exercise caveats but not the private citizen, in have never done this before really need to do this case the private builder or small builder. their homework, because they are at the Interestingly, I understand also that property mercy of the professionals they get to build developers or builders who construct houses their house or the subcontractors involved. on a large scale will be able to exercise the Undoubtedly this disparity in knowledge has right of caveat, but the average small builder been the basis of most disputes that have will not be able to do so. I cannot understand come before the Building Tribunal. It is for that the logic of the Minister electing that these reason that we in the Opposition have called people should no longer have that right. for a massive education program as part of the Certainly, in light of what her Government recent changes to the Queensland Building intends to do with respect to the First Home Services Act and the ramifications that had for Owner Grant Bill, this is a nonsense. the industry and consumers. The Minister may I hope that this is not an example—but smile about that, but I would have thought she one has to think it is—of where this Labor would support educating people about the Government believes it is better than the legislation, for example, how it affects them average citizen and deserves rights greater and their rights. than those that the average citizen receives Ms Spence: I just smiled because that is and, in this case, the average builder. It is a what we are out there doing. last resort safeguard for a builder and should Mrs SHELDON: That is not what be balanced in the continuance of its use. It consumers think. would be very interesting to find out if the Minister has done a survey to see how many The Domestic Building Contracts Bill will private builders have actually used the caveat. have a major impact on the building industry It is there predominantly to look after their and the consumer population it seeks to interests and, of course, they have to pay the protect. As such, it needs to be carefully subbies. So it is a flow-on situation: if they are considered and equally carefully drafted. As I not going to get their final payments then, mentioned earlier, unfortunately we saw that indeed, neither will the subcontractors. the input was not what it should have been in The Building Services Authority the beginning. Hence we see a number of Amendment Bill, which we have debated in amendments. this House recently, provided subcontractors For these Bills to achieve their objectives with additional rights against builders to obtain they need the support of the building industry. prompt payment, and I certainly agree with By and large, they now have that support. I that. However, by removing the right of have spoken to the major building bodies builders to exercise a caveat, this Bill will concerned. The HIA is still concerned about weaken the position of builders in being able the caveat issue. I understand that it is still not to pass on prompt payment to subbies, satisfied with that. When I became the shadow particularly in relation to the final payments of Minister, I suggested that it speak to the houses, etc. The obvious consequence of this Minister again and tell her of its concerns, situation, which removes the protection against which I understand it did. However, I non-payment, is that tradespeople will not understand also that the Minister has not have the sort of coverage that they would agreed to its suggestions for what it wished to have had under the previous Bill. be retained in this regard. It is important that The capacity to lodge a caveat is a cost- we look at that issue. effective means for a builder to maintain the Clause 85 specifically prohibits the right to status quo where there is a dispute and may caveat by a builder in a dispute over the also deter the unscrupulous consumer from 796 Domestic Building Contracts Bill; Queensland Building Tribunal Bill 12 Apr 2000 using their position to avoid, reduce or cases, these problems arise due to the indefinitely defer the amount to be paid to the consumer being uninformed or unaware of the builder. Unfortunately there are consumers operation of building contracts and the who do this. They get the finished article and potential delay which can arise. the builder moves out. They then decide that The Domestic Building Contracts Bill they are not going to make the final payment removes the mystery from building contractors and haggle about the price or the amount. I by ensuring that consumers are fully informed had such a case very recently in my own of the building process and their obligations electorate where a lot of building does occur. under the contract. For the first time The builder is then put in the invidious position, consumers will have access to a Government particularly if there is no caveat, of trying to agency approved booklet which explains the exercise his legal right, and he has to go building contracting process. The booklet will through the courts to do it. I really do not think that is fair. It is an imposition on small be provided to all consumers entering into business. contracts for house building and will provide them with a plain language overview of the The consumer will certainly not be unfairly building process. prejudiced by the builder having a right to the caveat. On the basis of contractual balance, it The Bill also requires that consumers are needs to be considered that the consumer can given crucial documentation relating to the call on the QBSA's considerable and extensive construction of their home. Contractors will be powers to ensure that work is done to a proper required to give copies of documents, such as and contractual standard and, indeed, they do foundation data used for footing and slab that right now. I do not think it is at all design, and certifications from local authorities. adequate for the Minister to have the matter of Crucially, the contractors will be required to caveats as a matter of policy as far as this Bill provide information on potential delays in is concerned. If it is a matter of policy, why is it completing the work at the time of contracting. not in the Bill? I think it is a rightful, meaningful This ensures that contractors take the utmost legal right that the small builder certainly care in working out completion dates for should have, and I know there is quite a deal contracts, which in turn provides greater of concern out there in the building industry certainty for the consumer in the validity of the about this. completion date. Contractors will also be required to obtain a range of information, such When the amendments are circulated—in as foundation data, prior to the contract being fact, I asked for them to be circulated now—I entered into. Once again, this ensures that will be asking the Minister to omit what she has contractors will take great care in working out inserted in the Bill in relation to taking away the the contract price, promoting confidence in the right of caveat for builders. Otherwise, I think consumer about the certainty of the price. during the process—and this has been in process for a long time—most of the concerns This Bill is the final legislative step in the of the building industry have been taken into Beattie Labor Government's Better Building consideration, apart from that last one. It is a Industry reform package, which will bring in a great pity that this did not happen a lot new era of industry stability and consumer quicker, because they have been waiting for awareness for the benefit of all this Bill now for a considerable period. Queenslanders. Honourable members should compare this package to the measures Mr MULHERIN (Mackay—ALP) canvassed by the previous Government. The (3.33 p.m.): I will speak briefly to the Domestic former Government offered nothing to Building Contracts Bill and will focus on how consumers. As the Minister said in her second- the Bill will provide consumers with information reading speech, consumers were set to lose to avoid pitfalls when engaging building some of their access to an independent, services. Building a house can be a daunting transparent dispute resolution system through prospect for even the most experienced the mooted abolition of the Queensland individual. For most of us, it is the largest Building Tribunal. Unlike the former financial commitment we will make in our lives Government, this Government listens to and the embodiment of the great Australian dream. Unfortunately, the dream can turn into consumers as well as industry. a nightmare for some consumers. A cost blow- I congratulate the Minister on her hard out can have a devastating effect on work in putting all this together. It has been a consumers who are unable to obtain further difficult task and there are complex issues. finance. Substantial delays in completion can She has done a great job. When honourable be devastating for a consumer who has to members compare the work that she has done account for unexpected rental costs. In many with the work of previous coalition Ministers, 12 Apr 2000 Domestic Building Contracts Bill; Queensland Building Tribunal Bill 797 they will see that this Minister stands out as a even been to visit the site. He certified it on the great example of good public policy for which basis of a phone call. That information only Labor Governments are renowned. I came out after problems started to emerge. I commend this Bill to the House. know that that is not an area of the Minister's Mrs LIZ CUNNINGHAM (Gladstone—IND) responsibility, but the BSA and subsequently (3.37 p.m.): In rising to speak to this Bill I the QBT were drawn into the situation. The concur with the comments of the last speaker interaction between legislation in this area and that the construction of one's family home is other legislation is still causing some problems. probably not only the greatest financial The experiences of home owners as they commitment but also the greatest emotional construct their homes has a lasting effect on commitment that a couple makes. It can be them. Any protection the Minister can give via either a very pleasurable experience or this legislation to ensure that home absolute hell. For those who through no fault owners—those who are paying for their homes of their own contract with a builder who is less to be constructed—are given the highest level than ethical or for those who pick the cheapest of cover is welcomed. I also believe that there quote knowing that there may be some strings are times, and they are isolated in my attached, the process of building a new home electorate—I think the member for Caloundra is very painful indeed. Any protections, made this comment, too—when builders are therefore, that are balanced towards both the very difficult to deal with. There is a very active contractor—the builder—and the consumer are construction industry in the Gladstone/Calliope welcome. region and an active Master Builders I think most members could mention Association, although the HIA is not quite so people who have attended their electorate active. The building associations meet offices complaining about problems that they regularly to discuss techniques and the have had in this regard. I would have to say paperwork attached to contracts. They have that overwhelmingly the complaints I have model contracts. The majority of them are heard are in relation to the QBSA and the using those contracts to protect not only QBT. I am not sure if that is the nature of the themselves—although primarily themselves— beast or whether some problems still exist in but also the consumer. those two structures. When Matt Miller was However, they are still having a lot of chair of the BSA, he made the following problems under the new licensing regime and comments in an article in the Courier-Mail— the equity regime. A few of us intend to get together in the next couple of months to list "The Building Services Authority also paid out millions of dollars in the problems that builders are having with the compensation for faulty work and requirements under the new legislation relating subsidence. to the assets they must hold and in whose name they must be held. These are just some It blamed engineering negligence for of the difficulties builders are having. These more than 15 percent of subsidence are not people who want to get out of that problems in Queensland buildings in responsibility; they just want the process to be 1998-99. easier. BSA general manager Matt Miller I have one other comment to make. In said engineers who inappropriately the Minister's press release in October last certified residential footings had cost the year, she said— BSA about $1 million in building insurance "Never before have Queensland payouts. consumers dealing with tradespeople 'About 50 cases of subsidence out of such as plumbers, carpenters and 300 are the result of engineers doing the painters had the security of a regulated wrong thing. We have a very overt contract. The new legislation will deliver agenda pursuing this,' Mr Miller said." this security." This is an issue for which the Minister I commend the Minister. However, I raise an does not have responsibility, but the new issue that I am almost too frightened to raise. I planning legislation means that, because of think it is particularly timely that that protection private certification for buildings, problems are be instituted in relation to the GST. Never arising not only for the BSA but for consumers. before have we had to pay a tax on a service. An incident in my electorate occurred where a A visit by a plumber, an electrician, a carpenter plan and the land were certified by an or a painter to a home to do either repairs or engineer who did not live in Gladstone—he improvements will attract an additional tax after lived north of Gladstone—and who had not July this year. Irrespective of the quality of the 798 Domestic Building Contracts Bill; Queensland Building Tribunal Bill 12 Apr 2000 work, the impact of that additional cost to completed or, if incomplete, from the stated consumers for getting those tradespeople in completion date of the contract. The will make the decision one that consumers will warranties will provide consumers with a direct make more carefully. The additional protection cause of action where a breach occurs. This the Minister is affording to people in the area will be particularly important where the work is, of those services will be welcomed, particularly for whatever reason, not subject to insurance when it comes to the GST. I support the Bill. I under the scheme administered by the BSA. thank the Minister for the consideration she I now turn to the part of the Bill dealing has given to consumers with that added area with the extension of regulations. The of protection. regulation of contracts under the current Mr REEVES (Mansfield—ALP) Queensland Building Services Authority Act (3.43 p.m.): I firmly believe that the Domestic extends only to contracts for the construction Building Contracts Bill 1999 is one of the of a house or duplex. While this area of greatest pieces of consumer protection regulation is crucial, there are many other legislation ever introduced into this Parliament contracts entered into by consumers which and probably most Australian Parliaments. may involve substantial sums of money but Having already delivered unprecedented which are unregulated. The domestic building protection to subcontractors, the Minister for contract addresses this gap by introducing Fair Trading is now focused on improved regulation of all contracts over $3,000, whether services for consumers. No doubt the Minister the contractor is a builder or a trade contractor. will be known as the consumer's friend with the No longer will it be good enough for legislation she has already delivered to this tradespeople to scratch out a quote on an old Parliament and continues to deliver. I reiterate piece of paper and call it a contract. the sentiments of the member for Mackay. Instead, all contracts will have to be in I wish to speak on a couple of aspects of writing and will have to provide the consumer the legislation. Firstly, I refer to statutory with clear statements of contract price and warranties. The Domestic Building Contracts completion dates. This reform will benefit Bill 1999 introduces statutory warranties contractors as well as consumers. Disputes relating to all regulated domestic building over payments should be minimised when the contracts. The warranties generally reflect the contract is agreed in writing by the consumer. warranties which would apply to work at Genuine contractors will benefit from limitations common law. In all regulated domestic building on recovering unreasonable variations given contracts, the contractor will warrant the that unscrupulous contractors will not be able following: that the materials used are suitable to quote low to get jobs and then raise the for their purpose; that the work that has been price with a variation. That is the oldest trick in performed is compliant with relevant legal the book. A better standard of contract requirements; that the work will be carried out documentation can only lead to greater to an appropriate workmanlike standard; that confidence in the industry as a whole and that the work that has been carried out is in in turn will assist everyone, both the consumer accordance with the plans and specifications; and the builder. that the premises will be suitable for occupation; that the work will be performed The reforms also recognise the increasing diligently; and that provisional sums are trend towards high-rise residential living by calculated with reasonable care. Warranties will extending regulations to contracts involving run with the land in order to ensure that individual unit holders. In conjunction with the subsequent purchasers are able to rely on a system of high-rise residential work to be breach if they suffer loss. This right will not introduced next year, these reforms ensure extend where the subsequent purchaser was that protection extends to consumers and aware of the problem or should reasonably contractors involved in all sections of the have been aware of the problem in order to industry. The Better Building Industry Program ensure that such purchasers do not benefit promotes an effective and variable building from both reduced purchase prices and an and construction industry in this State. The action against the contractor. extension of requirements governing documentation to a wider range of contracts The Bill specifically prohibits parties from involving consumers ensures that best contracting out of the warranties. This prevents practices are encouraged throughout the consumers being duped into signing away industry. their rights due to lack of familiarity with building contracts, which is normally the case. I once again congratulate the Minister for Any proceeding must be commenced within the excellent work she and her department six and a half years of the work being have done, particularly some of her personal 12 Apr 2000 Domestic Building Contracts Bill; Queensland Building Tribunal Bill 799 staff. I mention Harold Thornton and some of agreeing to any changes from the her past personal staff. I know that Geoff Allan contract as they may apply to variations had a lot to do with pushing for this great (big or small)." consumer protection. I am sure that the It states further— Minister will be regarded as the consumer's friend after the next election because of the "The requirement to state the effect great consumer protection legislation that the that the variation will have on the work as Beattie Labor Government has introduced. a whole is unintelligible and will no doubt This is a prime example of it. I commend the give rise to litigation." Bill to the House. Part of building a house is seeing what is Mrs PRATT (Barambah—IND) on paper become reality. It is often found that (3.49 p.m.): I rise to speak to the Domestic things appear slightly different in reality from Building Contracts Bill. I acknowledge the what was pictured in the mind's eye, and object of this Bill as stated in issue 13 of the making alterations along the way is par for the Alert Digest, that is, to help consumers avoid course. That kind of give and take between a the pitfalls in procuring domestic building building contractor and his client is an issue services. other than a legislative principle issue. Most of us do not commit to having a The unforeseen effects of legislation can home built more than once or perhaps twice in be seen in a recent case which crossed my our lifetime, and most of us need to be guided desk. In October 1999, major amendments through this area because it is all unfamiliar were made to the Queensland Building territory. This can in some instances, as is Services Authority Act 1991 to give effect to stated, put the client at a distinct the Better Building Industry reform package disadvantage. Those who are in the know, that had been developed jointly by industry whether deliberately or inadvertently, and Government. The introduction of the more sometimes leave the consumer wondering why stringent financial requirements for licensing they ever bothered to build at all and why they was one of the significant changes brought did not purchase an already constructed about by the amendments. establishment. Experience has shown that a major cause As has been recorded on numerous of financial failure among contractors is occasions, for whatever reason things do go undercapitalisation relative to turnover and wrong and the persons entering into this insufficient liquidity to ensure that debts are commitment of building their dream home are paid as and when they fall due. No-one would left with a nightmare situation through no fault dispute that the amendments were necessary. of their own. This legislation aims to ensure What concerned me at the time was the lack that these nightmares are a thing of the past. of lead-in time. The provisions did in fact The legislation aims to protect the consumer. penalise contractors whose renewal fell This is not a bad thing and should be immediately after the implementation date, commended. In wanting to protect the whilst other contractors who were consumer, we must also be very careful that overcommitted but did not face licence we do not impose so many restrictions on renewal until almost 12 months later could building services providers that they can no make arrangements to overcome their longer provide the services whilst difficulties by having another contractor come endeavouring to conform to the requirements to their assistance. of the legislation. I spent quite some time in conversations Although there are many areas of the Bill with members of the Minister's office, and I which I totally support, I have to question the cannot thank them enough for their section of the Bill which relates to variations. It assistance. I am informed from other sources almost creates an opening for litigation if those that many building contractors found on either side, builder or client, want to make themselves in the same position and changes during the building process. A letter threatened with bankruptcy, the cancellation of from a person within the building industry licences or a drop to a lesser building status. states— Again I emphasise the need for the "The reality is that many variations of amendments, but this example shows how a minor nature are done on the run, over easily legislation may affect people in ways we the phone or on site. The owner verbally do not necessarily envisage at the time of its instructs the builder and the builder passage through the House. agrees to the work. The prescription that One area of this Bill which I feel is is in the Bill will only lead to builders not commendable relates to clause 96, which 800 Domestic Building Contracts Bill; Queensland Building Tribunal Bill 12 Apr 2000 addresses the situation whereby a contractor themselves. This will avoid costs of legal can declare bankruptcy and then pop up again representation and reduce appeals. It is under a new licence. The Alert Digest referred informal and discretionary. to it as a phoenix rising from the ashes. It is a The Bill enhances the dispute resolution complaint heard more often than the industry powers of the tribunal. Where possible, these would like and there needs to be a deterrent enhanced powers are drawn directly from the for recidivist offenders. I do not believe anyone uniform civil procedures rules, ensuring would object to the harshest measures being consistency in dispute resolution processes in used in those cases. this State. No longer will persons owing money It concerns me that the Housing Industry be able to ignore proceedings in the tribunal Association, which has been consulted in until the very last moment. Instead, any relation to this Bill, in a letter forwarded to me person claiming an amount of money owing stated— will be able to apply for default judgment if no "The consultation was in the form of defence is lodged. This provides debtors with attempting to make a bad idea work an incentive to either pay moneys owing or set rather than to find the most appropriate out why the moneys should not be owing right content for this type of legislation." from the outset. It further states— Under this Bill, parties trying to drag out proceedings by refusing reasonable offers to "The Bill does contain some settle will do so at their own peril. Any person elements that improve both industry who refuses an offer and does not receive a performance and consumer protection. more favourable decision at a full hearing can The main concerns arise from the expect to pay all of the costs of the other party complex drafting style and language incurred after the offer was refused. This used. It is unlikely that builders and process is used by all courts and promotes consumers will be able to understand their effective dispute resolution. rights and obligations without seeking The Bill also introduces expert case legal advice." appraisal for disputes. Parties to disputes may Although there is much in this Bill that I apply to the tribunal for the appointment of a and the industry support, there is also much case appraiser to review the dispute and give that the industry, it appears, does not. a decision. While a person can elect to have Although there is an undeniable need to the dispute referred to a full hearing if they are protect consumers, we must not enact dissatisfied with the case appraiser's decision, legislation which imposes restrictions that may they must pay the costs of the other party if take more from the consumer and the industry the decision at hearing is not more favourable. than is expected. Hopefully that will not occur Once again, parties who act unreasonably will in this case. I support the Bill, but I would like do so at their own peril. to think the Minister will continue to consult the The Queensland Building Tribunal Bill industry to iron out its concerns. 1999 provides the tribunal with improved Ms NELSON-CARR (Mundingburra—ALP) dispute resolution powers. The tribunal's (3.54 p.m.): In speaking to the Queensland powers ensure that matters proceed as quickly Building Tribunal Bill, I will refer to dispute as possible and that unreasonable delays in resolution powers. This Bill complements the proceedings are discouraged. These Queensland Domestic Building Contracts Bill. outcomes will benefit all genuine people who Although there are checks and balances in the may be a party to proceedings in the tribunal contracts legislation, disputes do occasionally in the future. emerge between consumers and builders or The tribunal has successfully provided for tradespeople. resolution of disputes in the building and As the Minister has previously said, the construction industry without the formality of Queensland Building Tribunal, established the courts since 1992. Concerns continue to under the Queensland Building Services be raised, however, about the lack of a Authority Act 1991, will now have its own solid simplified dispute resolution process where the grounding in separate legislation. It will be far amount in dispute is relatively small. This Bill more responsive to the needs of consumers meets the concerns of all industry stakeholders and of industry. The arbitrator will no longer be by establishing an expedited hearing process too close to the regulator and, with a user- for disputes involving less than $10,000. The friendly guide in the dispute process, parties process will apply to disputes in both the will no longer face jargon. Rather, the design is domestic and commercial sectors. All minor to encourage laypeople to represent disputes will be heard by expedited hearing. If 12 Apr 2000 Domestic Building Contracts Bill; Queensland Building Tribunal Bill 801 a dispute does not settle at mediation, the Committee stage of this debate. Some may parties will proceed to a hearing on the same ask why this is the case. Well, it is as simple as day. The Bill provides the tribunal with this. The Minister, in her haste to introduce discretion to limit cross-examination and to limit legislation so she could bask and frolic in the the time allowed for the hearing. The hearing spotlight, did not give due care and will be conducted with as little formality as consideration to those stakeholders who are possible. affected by these pieces of proposed The Government recognises that in some legislation. The snubbed industry stakeholders cases even disputes over a small amount of were so displeased with the Minister's money can involve extremely complex issues. approach to this legislation and her office's In these cases, the tribunal may decide that inability to sufficiently comprehend its effects the issues in dispute are too complex to be that the industry was forced to publicly voice its dealt with in an expedited way. In this way, the concerns. reform gives effect to the tribunal's objective of Only then did the Minister listen to the providing timely and cost-efficient dispute concerns of the industry and, as a resolution without compromising the integrity of consequence, we now have the Minister, with its decisions. a raft of amendments tucked under her arm, The inclusion of minor commercial awaiting the Committee stage of the debate building disputes in the tribunal's expedited so that she can take up the valuable time of hearing power will particularly benefit this House amending her own legislation. subcontractors in dispute over an unpaid However, one should be grateful that the portion of a progress claim. In contrast to the protests of industry have ensured that this delay and the cost of court proceedings, legislation is to undergo amendment, because expedited hearings offer dispute resolution for now there will be at least some balance to it, minor disputes while evidence is still in instead of the Left Wing socialist ideals that existence and at a cost which does not exceed were to be imposed on everyone who comes the sum in dispute. Once again, this reform is into contact with the domestic building proof of the Government's commitment to industry. meeting security of payment problems in the building and construction industry. I would like to make the point—so that members opposite do not have a The measures under the previous misrepresented view of the Opposition's Government offered nothing to consumers. position, as was clearly stated by the shadow Now under this legislation the independent Minister—that the Opposition supports the and transparent dispute resolution system need for a written contract, especially given means this can-do Government is listening to that the signing of the said contract is probably consumers as well as to industry. I commend the single biggest financial decision and the Bill to the House. investment a consumer will make during his Mr HEGARTY (Redlands—NPA) (4 p.m.): lifetime. These Bills comprise the second tranche of the Better Building Industry legislative reform The Explanatory Notes that accompany package after this Parliament passed the this Bill succinctly reinforce this very point by Queensland Building Services Authority saying— Amendment Bill last year. Today we turn our "For most consumers, signing a large attention to the two Bills we have before us, building contract for a new home, namely the Queensland Building Tribunal Bill extensions or renovations, will be and the Domestic Building Contracts Bill. something only experienced once or twice These are Bills that the Minister has claimed in a lifetime." will complete a package that will give The notes further say— Queensland a regulated building industry which is unsurpassed in Australia. This is a "For building contractors, it is an package which the Minister has publicly stated everyday occurrence." will provide unprecedented protection to The notes conclude by saying— subcontractors and lead to improved services and certainty for consumers. "This disparity in knowledge and But it is also a package which the Minister understanding of contractual principals between the parties frequently plans to amend significantly. As the shadow disadvantages consumers." Minister outlined earlier, it is common knowledge that Ms Spence intends to bring With these statements there can be absolutely forth a raft of amendments during the no argument. 802 Domestic Building Contracts Bill; Queensland Building Tribunal Bill 12 Apr 2000

As has been previously stated, it is this That was a deadline that the Minister missed disproportionate knowledge base that has by almost 12 months. Quite an achievement, primarily led to most disputes ending up in Minister! front of the Queensland Building Tribunal. As I stated earlier, the Domestic Building However, I would like to take a minute to bring Contracts Bill will have a major impact on the to the attention of this House the plight of the building industry as well as the consumers it subcontractors in Oakey. aims to protect and I expect it would have The Minister claimed in her press release therefore demanded closer attention from the in August 1999 that subcontractors in the Minister and her staff. However, this does not Queensland building and construction industry seem to have been the case. will have unprecedented security of payment The Minister was more interested in under the Government's new legislation. raising her ailing profile after having had such However, this seems to be yet another hollow a poor start to her ministerial career. With the promise from the Beattie Government. Minister toilet brush, then the rusty ute and then that Spence said that there would be more rigorous infamous Stateline interview, I can understand financial requirements and audits on licence the Minister's need to prove her competence. holders and that subcontractors will receive By introducing a Bill which she will now daily interest of 10% plus the Reserve Bank effectively rewrite with a raft of amendments, rate on overdue payments. She also said that the Minister has done little to change industry's licensees who place at risk consumers, opinion of her. suppliers or other licensees face immediate licence suspension. It is very interesting to note that the Minister for Equity and Fair Trading, as One has to question what action the mentioned by the shadow Minister, has Minister or the Building Services Authority has accepted a number of amendments proposed taken to support and ensure security of by industry and the Opposition, but the one payment for the unfortunate subcontractors at amendment she will not accept would provide Oakey. I await the advice of the Minister on equity to both participants in a domestic this matter. building contract. I am specifically referring to One does, however, start to question the clause 85, which outlines the right of a builder commitment of this Minister and the to place a caveat over land where payment for Government to the security of payment issue, work completed is in dispute. given the time it took to introduce the Building It is a right that is rarely used by builders Services Bill. This was a nearly completed Bill but, nonetheless, it is a very important right. which the Minister inherited from the previous Yet, despite repeated calls by industry for the Government and which had the support of Minister to provide an example where the right industry. to caveat has been abused by builders, the The second issue which makes one Minister has remained silent. question the commitment of the Labor Party is As I said before, it is very interesting that the Domestic Building Contracts Bill—the Bill the Minister for Equity and Fair Trading would we are currently discussing—which was so sit in Cabinet and see a right removed from fundamentally biased against the construction builders by legislation, yet allow the Office of sector that the Minister is now going to make State Revenue to gain the very same right by amendments to it. legislation. The lack of commitment of this Minister to In clause 42BA(1) of the consultation draft the security of payment issue is clearly of the First Home Owner Grant Bill 2000 the demonstrated by the failure of Minister Spence Government maintains the right to place a to meet the deadline for introducing legislation registered charge, or more correctly a caveat, into Parliament ensuring security of on an applicant's interest in the land. It is clear payment—a promise given to the people of that this Government believes that it is entirely Queensland by the Premier in an ABC reasonable for the State to retain the right to interview on 20 July 1998, in which he said— exercise caveats, but not the private citizen. "We all know what needs to be done, As the shadow Minister said, this is just let's do it." one more example of where this Beattie Government believes it is better than the Further on he said— average citizen and deserves rights greater "We will make a decision on it and than those conferred on average citizens. everyone will know exactly where we The Queensland Building Services stand by the end of August—1998." Authority Amendment Bill provides 12 Apr 2000 Domestic Building Contracts Bill; Queensland Building Tribunal Bill 803 subcontractors with additional rights against course, that institution was the forerunner of builders in order to obtain prompt payment Suncorp. Consumers have a right to rely on from a builder. However, by removing the right the contact price that is quoted by the builder. of builders to exercise a caveat this Bill will Builders have a right to recover costs in excess weaken the position of builders. of the agreed contract price for extra costs that In conclusion, the Minister should have could not have reasonably been foreseen been more concerned with the plight of all during the construction of a dwelling. The parties involved than in making headlines. The Domestic Building Contracts Bill achieves both Minister and her office should have spent of those important objectives. more time consulting with the stakeholders Under this Bill, contractors will not simply instead of having to use the valuable time of be able to make a guess in their quotes. A lot this Parliament to amend her mistakes. of contractors have a notebook in their back Mr PURCELL (Bulimba—ALP) pocket, and that is their office. I think that they (4.07 p.m.): I would like to congratulate the need to pay a little bit more attention to how Minister for Equity and Fair Trading for the they quote on jobs and make sure that they whole raft of legislation which she has brought get their quotes right, because home owners into this Chamber. She has now introduced rely on those prices when they have people the Domestic Building Contracts Bill and the bidding to pick up contracts. If the need for a Queensland Building Tribunal Bill. As variation to a contract price should have honourable members know, the building reasonably been foreseen at the time at which industry is one of the main barometers of the the contract was entered into, the builder will economy of Queensland and Australia. When have no right to claim it as a contract variation. the building industry is firing, the economy is This directly promotes a certainty of contract doing reasonably well. price while allowing the recovery of costs where it would be reasonable to do so. Mrs Sheldon: So do the unions. The Bill maintains the regulation of Mr PURCELL: I am saying that everyone clauses used to increase the contract price in does well. I like to see builders and the event of delay. However, given that the subcontractors do very well; then I know that consumer will have to rely on the accuracy of people will be paid. If builders and the contract price, the use of cost-escalation subcontractors are not doing too well it is clauses remains limited and cannot be used to usually hard to get money out of them. It is correct a mistake in quoting prices. That, of then difficult to ensure that people are paid course, relates to the bidding and the correctly, even though it is the law that builders competition between builders to pick up a job are required to pay certain amounts of money. when people are building a new home. They do not seem to be worried about breaking the law from time to time. Importantly, the Bill allows the consumer to end a contract where the contract price rises Probably the largest outlay that anyone more than 50% because of a cost-escalation would make during their lifetime would be in clause. However, the contract can be ended building a home. It represents an enormous only where the contractor was responsible for financial commitment. Consumers are often the delay, which should have been foreseen at stretched to their financial limits. The last thing the time at which the contract was entered such people need or can afford is a substantial into. Once again, genuine contractors making increase in the contract price of their homes. reasonable estimates of costs and completion They are then at the mercy of the lender to dates have nothing to fear from these reforms have their homes completed. as they will be able to recover their costs. When I first applied for a loan to buy my The Bill further provides for certainty of house I was unable to get a bank to lend me contract pricing by limiting the use of cost-plus the money. I was working as a builder's contracts to circumstances where the cost of a labourer and no-one wanted to lend money to substantial part of the work cannot be worked a builders labourer. Moneylenders were aware out at the time at which the contract is entered of the tenure of builders labourers. I was on an into. I will give an example. At the moment, hour's notice under the award. One does not because of the amount of work that is going want to be at the mercy of a moneylender, on in Sydney and here in the housing industry, particularly if one has to ask for more money, it is very hard to get finished timber for flooring. because one will pay very dearly for it. Certainly, a lot of timber is being used. If a I was very fortunate that at the time there person wants to get a floor laid, they cannot was a lender around called the Trade Union get a builder to give them a definite price for Building Society, which lent me the money. Of the simple reason that that timber will have to 804 Domestic Building Contracts Bill; Queensland Building Tribunal Bill 12 Apr 2000 be ordered and there would probably be a members who have contributed to this debate three-month wait for it to be imported. The have acknowledged that. builder would not be quoted a price for that However, it is unfortunate that the timber until such time as it lands in Australia. coalition believes that, because we have So a builder could give people a guesstimate, listened to the industry and because we have but he would not be able to give people the some amendments today, there is something exact price for that timber. This Bill takes care wrong with this legislation. I have no of that. It ensures that unscrupulous embarrassment in saying that many of the contractors cannot hide poor contracting amendments to this legislation, although only practices behind a facade of cost-plus technical, have been delivered because we contracts. have listened to the reasonable arguments of The reforms contained in this Bill promote the industry and changed our position on certainty of contract price while maintaining a various issues. I do not think that that is a balanced approach to regulation. weakness of the Government; I believe that Unscrupulous and careless contractors should that is a strength of the Government. heed the warning that sharp practices are not As testament to the industry's tolerated in the building and construction appreciation of the Government, today both industry in Queensland. I think there is a whole the major players, the HIA and the MBA, are culture out there that we need to continue to putting out press releases in support of this wind back. This Bill will assist us to do that. legislation. Indeed, yesterday the HIA took the Consumers demand certainty of contract price. trouble to send me a message—a letter dated Genuine contactors demand fair competition. 11 April—which states— This Bill meets the demands of both stakeholders. "Dear Minister Spence Once again, I would like to congratulate I would like to take this opportunity to the Minister on introducing this Bill. It will thank you and your office for the time that continue to give certainty for all of those who you have given industry, and in particular work within the building industry. I know the the HIA, in the development of the member for Caloundra would want builders as Domestic Contracts Bill. The ability to well as contractors to be looked after. have our concerns listened to and promptly answered has reassured HIA Hon. J. C. SPENCE (Mount Gravatt— that although we may not agree on ALP) (Minister for Aboriginal and Torres Strait everything we know that the consultative Islander Policy and Minister for Women's process with your department is open and Policy and Minister for Fair Trading) receptive to industry views. (4.14 p.m.), in reply: I thank honourable members for their contributions today. As Minister, it would be remiss of me if I many members said, the building industry is did not single out the hard work and an important barometer of the health of the commitment of both Harold Thornton and Queensland economy. I am pleased to be the Malcolm McDiarmid on this issue. Their Minister responsible for delivering a Better professionalism was tested several times Building Industry package to Queensland throughout the period and never faltered. builders and consumers. In closing I would like to thank you for As members have acknowledged, this Bill the opportunity to contribute to the Bill constitutes the second and third planks of the and I look forward to working with you and Better Building Industry reform package—a your office on other issues relating to the package which, I have to say, has delivered housing industry." unprecedented reform to the building industry I am indebted to both the HIA and the in this State. I acknowledge that this package MBA for their assistance in the formulation of has been made possible only because the the Domestic Building Contracts Bill. It was not Government has been able to work alongside easy legislation. It is new legislation in the industry and get cooperation from both the Queensland: we have never seen the likes of it industry and consumers in formulating the before. It was not easy for the industry to extensive legislation that we have introduced accept some of the reforms that we have put over the past year. Good legislation comes into this legislation and that will benefit from the Government listening to the industry consumers. However, it is the Government's and listening to the consumers—listening to role to strike a balance between the people who are affected by the laws. We requirements of industries and the believe that is what we have done. Most of the requirements of consumers in this State. I 12 Apr 2000 Domestic Building Contracts Bill; Queensland Building Tribunal Bill 805 believe that, through our lengthy negotiation and significant commitment to offer single-day process, we have struck that balance. dispute resolutions for disputes under $10,000 Because at the last minute we have or minor disputes. proposed some amendments to the Consumers will now be able to resolve legislation, that does not indicate a weakness; their dispute with builders in a speedier fashion it is a strength. I am sorry that the coalition but, more importantly, for the first time builders cannot recognise that. I guess that is why, and subcontractors will be able to use the QBT after promising so much to the building for dispute resolution. For the first time, industry in this State, particularly with respect subcontractors will have access to low cost to security of payments for subcontractors, dispute resolution through the tribunal. We are when in Government they did nothing. They also, importantly, allowing access to the could not get the industry to sit around the tribunal for commercial disputes under table and agree with them on anything. It is no $50,000 or, if both parties agree, for wonder that today the coalition is hurting, commercial disputes over that amount. because a Labor Government has delivered I now acknowledge the contributions of a what they could not. We can deliver for number of speakers who participated in the Queensland consumers and we can deliver for debate today, particularly members of my Queensland industry. That is what this legislation is about. committee. The member for Mundingburra raised the issue of dispute resolution; the The Domestic Building Contracts Bill offers member for Mansfield spoke about extension a raft of reforms that will benefit Queensland of the regulation; the member for Mackay consumers. For the first time, Queensland informed the House how consumers would be consumers will have a five-day cooling-off better informed in their dealings with building period. If anyone thinks that the industry was contractors; and the member for Bulimba, who delighted when I suggested that, they are has been of invaluable assistance to me in wrong. It was difficult for the industry to accept formulating this package, raised the issue of for the first time a cooling-off period. However, the certainty of contract price. I thank all I am pleased to say that, after talking to them members of my committee not only for their in detail about this issue, they have contributions today but their ongoing acknowledged that good builders have nothing contributions to the building industry in to fear from this provision. Queensland and ensuring that we deliver good For the first time, contracts must be in reforms for that industry. writing. This is something that would have I thank the member for Gladstone, who been assumed, but apparently did not take raised some very important issues regarding place in this State. For the first time, we will engineers. I inform the member for Gladstone have variations in writing. We will now stipulate that under the changes that we are making to how progress payments should be calculated the QBT today, for the first time the QBT will and for the first time there is a mandatory be able to hear disputes involving engineers. I requirement on the builder to inform agree it is appropriate to commence a consumers of likely delays; all sensible but contracts Bill on 1 July to coincide with the long overdue consumer protection in this commencement of the GST and that is why State. we were very keen to ensure that it passes The QBT Bill, which we are also debating through the House this week. today, for the first time clearly delineates the I acknowledge the licensing problems that QBT from the QBSA and removes any were mentioned by the member for Gladstone perceptions that the arbitrator is too close to as having been experienced as many the regulator. Unlike the coalition's proposal to licencees and accountants have become get rid of the QBT and put all dispute familiar with the new financial requirements of resolution with the QBSA, we have decided last year's legislation. We always knew this that it is important to have an independent would be the case. I have to say the BSA did arbiter and that is why the QBT has been a lot of work with the accountants reformed today. organisations to ensure that that profession I know there have been complaints from understood what we were requiring from their time to time. The member for Gladstone financial assessments. I know that the MBA, mentioned them and I am sure other the HIA, BISCOA and the subcontractors members have received complaints from groups have also gone out there and done a constituents about the delays they have lot of work with their own organisations experienced in having a hearing with the QBT, informing subcontractors and trade contractors which is why we have made the very important about the new financial requirements. 806 Domestic Building Contracts Bill; Queensland Building Tribunal Bill 12 Apr 2000

These are reforms that were requested by member for Caloundra has not had the industry. These are very important reforms, we opportunity to look at the amendments I have believe, to ensure security of payment to foreshadowed with respect to caveats. In the subcontractors in the future. I know there have original legislation we proposed to remove been some hiccups on this issue in the past caveats altogether. I have since been five months but I believe that those problems persuaded, particularly by the HIA, who are are being ironed out. We knew they were good advocates on this issue, to reintroduce unavoidable and we are continuing to work caveats for commercial developments. If the hard to ensure that the problems that people member looks at the amendment I propose to may have had with licensing under the new move today, it does cover the issues that were regime will dissipate in the future. raised by the HIA and industry generally. I thank the member for Barambah for her Mrs Sheldon: Are you saying it covers the comments. I welcome her general remarks in ordinary builder? supporting the contracts Bill. The member for Ms SPENCE: It does cover the ordinary Barambah said, quite rightly, that the main builder. Under this proposed amendment, a cause of disputes is variation. In the past they small builder can caveat a developer but not a have not been written and adequately resident owner. What we are doing is saying detailed. I believe the member for Barambah you cannot caveat a single resident. What you raised some issues which suggest that the can caveat is a developer. I am happy to proposals we are putting forward in this explain that later when we debate the legislation for written contracts are amendments that I intend to move. complicated. I foreshadow an amendment that acknowledges exactly the issue she raised. We believe that unscrupulous builders We are simplifying those proposals by way of should not be able to extort final payments amendment so that should satisfy her through the use of caveats. Subcontractors constituent. have no equivalent rights over builders. Builders can get an order from the Building The member for Barambah also Tribunal that the money owing be put into trust mentioned the difficulties with licensing, and this order can be enforced in a court particularly the cut-off date for the new reforms through an equitable mortgage, if necessary. of 1 October last year. It was unfair, because The point is that the builder must convince the those who had been licensed immediately tribunal that money is owing. At present, the before that cut-off date may not have the owner has the onus to prove that a caveat financial viability that we can guarantee others should be removed. It must be remembered will have after that date. That is true. Three that the right to a caveat can be abused large building companies have ceased trading without a caveat ever being lodged. in the past six weeks. I asked the question, Consumers may be swayed to pay money due "Have we relicensed them since 1 October?" to the threat of a caveat on their land. The The answer was that all of them were licensed removal of the right to caveat imbalances the before 1 October—thank goodness. A date bargaining power between contractors and was set. We did allow people a grace period of consumers. The fact that caveats are rarely a month, I understand, to get around that used does not mean that they are rarely date. There has always got to be a date and abused. I am sure we will have more some people fall through the cracks. discussion on the whole issue of caveats at Finally, the member for Caloundra, the the Committee stage. I am happy to save shadow Minister, talked about an education further discussion on that issue until then. campaign. I am pleased to say that the BSA However, before I finish summing up, I has been actively out there educating builders wish to thank a number of people. I have and subcontractors in Queensland for the past already thanked the industry groups that have six months. They have been travelling generously assisted the Government to throughout the State to every regional city and construct this legislation. I wish also to thank a every country town in Queensland with an number of people from the BSA: the former education campaign. They have been ably general manager, Matt Miller, who has worked assisted by the MBA, BISCOA and the HIA in very hard on this legislation; the present educating their members about these new general manager, Ray Potts; and Mr Malcolm reforms. We will continue to do that with the McDiarmid, who was mentioned previously. Domestic Building Contracts Bill. Finally, I thank Mr Harold Thornton from my The member for Caloundra flagged her ministerial office, who has put a year of his intention to discuss caveats during the time and effort into constructing this legislation. Committee stage of this Bill. I think the Motion agreed to. 12 Apr 2000 Domestic Building Contracts Bill; Queensland Building Tribunal Bill 807

Committee (Cognate Debate) (b) a floor plan drawn to scale; and Hon. J. C. SPENCE (Mount Gravatt— (c) front and side elevation drawings ALP) (Minister for Aboriginal and Torres Strait drawn to scale. Islander Policy and Minister for Women's (5) For subsection (3), if a detailed footing Policy and Minister for Fair Trading) in charge or slab design is not required for obtaining of the Bill. the development approval or similar authorisation for the subject work, the Domestic Building Contracts Bill plans contain the appropriate information if they contain— Clauses 1 to 10, as read, agreed to. (a) a floor plan drawn to scale; and Clause 11— (b) a front elevation drawing drawn to Ms SPENCE (4.31 p.m.): I move the scale; and following amendment— (c) a side elevation drawing drawn to "At page 13, lines 9 to 27, and page scale. 14, lines 1 and 2— (6) However, subsection (5) applies to a omit, insert— floor plan or drawing only if the plan or '(2) However, a "cost escalation clause" drawing is required for obtaining the does not include a provision allowing for development approval or similar an increase in the contract price to authorisation for the subject work. reflect— (7) For subsection (3), the specifications (a) cost increases resulting from the contain the appropriate information if they introduction of new, or changes to contain the specification details for the existing, government taxes or contract, to the extent the specification charges; or details are not included in plans for the contract, or otherwise included in the (b) prime cost items; or contract. (c) provisional sums.'." (8) In this section— This amendment removes the provision "specification details", for a regulated relating to the introduction of the GST. This contract, means— provision is no longer required as the Bill will not commence before 1 July 2000. This (a) details of the subject work, including amendment has the direct support of industry details of fixtures and fittings involved stakeholders. in the subject work; and Amendment agreed to. (b) details of materials and products to be used for the subject work; and Clause 11, as amended, agreed to. (c) details of finishes required for the Clauses 12 to 26, as read, agreed to. subject work.'." Clause 27— These amendments remove unnecessary Ms SPENCE (4.32 p.m.): I move the words from the Bill. The amendment does not following amendments— change either the intent or the operation of this relevant section. "At page 22, line 17, 'forming part of the contract'— Amendments agreed to. omit. Clause 27, as amended, agreed to. At page 23, lines 1 to 4— Clause 28— omit, insert— Ms SPENCE (4.33 p.m.): I move the following amendments— '(4) For subsection (3), if a detailed footing or slab design is required for obtaining the "At page 23, after line 9— development approval or similar insert— authorisation for the subject work, the '(aa)whether or not the building owner is a plans contain the appropriate information resident owner;'. if they contain— At page 23, lines 17 to 20— (a) a detailed footing or slab design suitable for inclusion in the omit, insert— development approval or similar '(f) if the starting date for the subject authorisation; and work is not yet known—that the 808 Domestic Building Contracts Bill; Queensland Building Tribunal Bill 12 Apr 2000

building contractor will ensure that (b) contains a certification to the effect the work starts as soon as it is that the subject work, or a stated reasonably possible for it to be stage of the subject work, has been started;'." satisfactorily completed. These amendments require that contracts "contract related document", for a state whether or not the owner is a resident regulated contract, means— owner for the purposes of assessing whether a (a) a certificate of inspection; or caveat can be lodged or not. These clauses were inserted at the request of the industry. (b) a report, notice, order or other The amendment removes any possibility that document about the subject work contractors will be required to unreasonably given or issued by a supplier of incur costs in getting work started. services, including, for example, electricity, gas, telephone, water or Amendments agreed to. sewerage.'." Clause 28, as amended, agreed to. These amendments were developed in Clauses 29 to 33, as read, agreed to. conjunction with industry. The first amendment Clause 34— provides that contractors need only pass Ms SPENCE (4.34 p.m.): I move the certificates of inspection from council following amendment— inspectors/private certifiers as opposed to all documents received. This ensures that "At page 27, line 9— consumers remain fully informed of key omit, insert— inspections, without placing unnecessary '(a) the reason for the likely delay; and'." requirements on contractors to pass on copies of every communication received. The concern This amendment was agreed in from industry was that it was unnecessary to consultation with industry stakeholders. It give consumers every piece of information, removes the requirement for builders to and we are simplifying that for the benefit of identify the likely cause for a delay and instead industry, but without, we believe, any detriment requires that the builder identify the reason for to consumers. a delay. It is just a change of words from "likely cause" to "reason". The amendment was The next amendment provides that inserted to ensure that the language used in contractors need only pass certificates of the Bill is consistent. inspection from council inspectors along the same lines. Amendment agreed to. Amendments agreed to. Clause 34, as amended, agreed to. Clause 39, as amended, agreed to. Clauses 35 to 38, as read, agreed to. Clauses 40 to 52, as read, agreed to. Clause 39— Ms SPENCE (4.34 p.m.): I move the Clause 53— following amendments— Ms SPENCE (4.36 p.m.): I move the "At page 29, lines 7 and 8, 'is given following amendment— or issued by an assessment manager'— "At page 37, before line 1— omit, insert— insert— 'is a certificate of inspection'. '(6A) For subsection (6), an amount is not At page 29, lines 11 and 12, 'is given taken to be provided for in a regulated or issued by an entity other than an contract only because the contract assessment manager'— contains a provision allowing for an increase to be made of the contract omit, insert— price.'." 'is a document other than a certificate of This amendment was put into this Bill at inspection'. the request of industry, but it is an amendment At page 29, lines 20 to 25— for the benefit of consumers. It is an omit, insert— amendment which corrects a potential ' "certificate of inspection", for a regulated deficiency in drafting. It ensures that contract, means a certificate that— contractors cannot abuse provisions limiting the right to recover where foundation data is (a) is issued under an Act following an not taken before the contract is entered. So it inspection of the subject work, or a is saying that contractors cannot pass on part of the subject work; and additional costs with respect to foundations if 12 Apr 2000 Domestic Building Contracts Bill; Queensland Building Tribunal Bill 809 they have not identified these additional costs (d) is signed by the building contractor. in obtaining their original foundation data. I (2C) The second requirement is that the understand it is called a car body issue. When building contractor must have made all a contractor looks at putting in a foundation, reasonable efforts to have the building they take samples from all four corners of the owner sign the defects document to foundation. In the past, if they found acknowledge its contents.'." something when digging the foundation—for example, a car body—they would have passed This essentially is an amendment done in on that cost to the consumers. This consultation with industry. Industry was amendment stops contractors doing that. In concerned that the introduction of retentions in future they will only be able to charge the the residential building sector would create amount for foundations that they originally substantial uncertainty and was unnecessary quoted. I thank industry for that new consumer given the Building Services Authority's power initiative. to require rectification of defective work. The requirement that contractors provide Amendment agreed to. consumers with a list of minor omissions and Clause 53, as amended, agreed to. defects at completion does not impose an Clauses 54 to 66, as read, agreed to. unreasonable burden on contractors, as it reflects the existing practices of reasonable Clause 67— contractors. Ms SPENCE (4.38 p.m.): I move the The builder will now have to provide a following amendment— document at handover which lists all of the "At page 46, lines 11 to 18— defects and minor omissions. It will have to be omit, insert— signed off by both parties. It will ensure that owners get their defects fixed. However, it '(2) The building contractor under a does not stop owners from disputing additional regulated contract must not demand all or defects after signing this document. I give an part of the completion payment unless assurance that the Government will monitor the practical completion stage has been how this situation works. If it looks as though reached. there will be ongoing disputes about Maximum penalty—100 penalty units. rectification of defective work, we will certainly (2A) The building contractor under a look at this issue again. regulated contract must not receive all or Amendment agreed to. part of the completion payment unless— Clause 67, as amended, agreed to. (a) the practical completion stage has Clauses 68 to 78, as read, agreed to. been reached; and Clause 79— (b) if the building owner claims the stage has been reached with minor defects Ms SPENCE (4.39 p.m.): I move the or minor omissions—the first and following amendment— second requirements stated in "At page 54, after line 9— subsections (2B) and (2C) have been insert— complied with. '(3) Subsection (4) applies if— Maximum penalty—100 penalty units. (a) a proposed variation of a regulated (2B) The first requirement is that the contract has not yet been agreed to building contractor must have given the between the building contractor building owner a document (the "defects under the contract and the building document") that— owner, but is proposed to come into (a) lists the minor defects and minor existence on the signing of a omissions that both the building variation document by the owner and contractor and building owner agree the contractor; and exist; and (b) the variation document is to be the (b) states by when the building first and only agreement between the contractor is to correct the listed building contractor and the building defects and omissions; and owner for the particular variation. (c) lists the minor defects and omissions (4) If the proposed variation consists of an the building owner claims exist, but addition to the subject work, the building that are not agreed by the building contractor must ensure that no domestic contractor to exist; and building work the subject of the proposed 810 Domestic Building Contracts Bill; Queensland Building Tribunal Bill 12 Apr 2000

variation is carried out until the variation At page 55, lines 8 to 31, page 56, document has been signed. lines 1 to 34 and page 57, lines 1 to 17— Maximum penalty—20 penalty units. omit, insert— (5) When the variation document is '(2) If the variation results in an increase in signed, the following provisions do not the contract price, the variation document apply for the variation— complies with the payment requirement if (a) subsections (1) and (2); it states when the increase is to be paid. (b) section 82; (3) However, the increase can not be required to be paid before work the (c) section 83(1)(b); subject of the variation is started. (d) section 84(2)(a) and (3)(a)(i), to the (4) If the variation results in a decrease in extent the provisions concern the contract price, the variation document sections 82 and 83(1)(b).'." complies with the payment requirement if This amendment ensures that revised it states when the decrease is to be requirements governing variations to contracts accounted for. do not add administrative steps to the variation process where there is no specific advantage Example for subsection (4)— for consumers. This is the issue that the The variation document might identify a member for Barambah was talking about particular progress payment in which the before. I understand that most variations occur decrease is to be accounted for. in the final payment stage and are about (5) The variation document complies with things such as tiles and taps. Builders tell me the payment requirement if the provision that, when the home owner is making of the document stating when the variations to the contract with respect to those increase is to be paid, or when the smaller issues, they now usually get paid in decrease is to be accounted for, is cash when those variations occur. In future, initialled by the building owner.'." those variations must still be in writing. There These are minor amendments. The first must be a document which will show how the one is a drafting amendment. The section variations will be paid for. Instead of giving the should have said "(h)" instead of "(g)". The prescriptive requirements, as was suggested in second amendment ensures that consumers the original legislation, we believe that this and contractors are free to agree on when the amendment gives both the builder and the cost of variations will be paid, subject to the home owner more flexibility to negotiate how limitation that payment cannot be required these variations will be paid for. before the variation work commences. Amendment agreed to. Amendments agreed to. Clause 79, as amended, agreed to. Clause 81, as amended, agreed to. Clause 80— Clauses 82 to 84, as read, agreed to. Ms SPENCE (4.42 p.m.): I move the Clause 85— following amendment— Mrs SHELDON (4.43 p.m.): I move the "At page 54, lines 21 and 22— following amendment— omit." "At page 60, lines 2 to 4— This amendment removes the omit." requirement for variations to state the effect This amendment omits clause 85. I do that the variation will have on the work as a not think it is right that an ordinary builder who whole as the concept was uncertain and is building for a normal resident—and a lot of added little information required by the houses are done in this manner—should not consumer. have the legal right that he had previously, Amendment agreed to. which was to be able to take out a caveat over Clause 80 negatived. that land in case he was not paid his final Clause 81— payment or any payments, because in that Ms SPENCE (4.42 p.m.): I move the situation he has lost all his rights. I have following amendments— looked at the Minister's own amendments to this clause. These still do not remedy that "At page 55, line 7, 'section problem. It might be all right for big developers 80(2)(g)'— because of the rights they may have, but this omit, insert— has been my concern all along and it is still the 'section 80(2)(h)'. concern of the HIA. 12 Apr 2000 Domestic Building Contracts Bill; Queensland Building Tribunal Bill 811

I hear what the Minister says about the risks when they build a number of houses for a HIA putting out media releases supporting her; developer. It is quite common that a builder will however, I cannot imagine that it is going to contract with a developer to build 12 houses in support her on this issue, because the penalty a particular area. The developer will have in her amendments is 100 penalty units. Still, a much greater access to facilitating the transfer caveat over the land of a resident is not of his or her assets if he wants to avoid paying permitted. I am concerned about the ordinary the builder, and that is the point that the HIA builders. Many of them are small builders, not makes, that there is a need to protect small big people, and they do not have the money builders out there from large developers who behind them that a lot of the developers have. can move their assets around to avoid paying They will not be able to take out that caveat builders. There is a need for builders to have because that right is going to be omitted. I the caveat right. would like the original clause in this Bill to be We do not believe, though, that builders omitted. should have the right to lodge a caveat The CHAIRMAN: Mrs Sheldon's against resident owners. So if I build a house, I amendment proposes to delete the clause. do not believe the builder has an automatic Therefore, the correct procedure is for Mrs right to go in and lodge a caveat over the title Sheldon to oppose that clause. I now call the of my house with or without my knowledge for Minister on her amendment. no good reason, which is the situation that Ms SPENCE: I move the following exists now. That is an unfair situation for consumers, and consumers have no right to amendment— object to it. This is good consumer law. "At page 60, lines 2 to 4— The member opposite is really talking omit, insert— about consumers who do not pay builders the 'Building contractor does not acquire final payment. She is saying that too many interest in land of resident owner consumers out there do not make their final payment, so the builder ultimately does not 85.(1) A domestic building contract does get paid. In that case, the builder can not give the building contractor an interest immediately go and challenge that in the in land of a resident owner for the Land Queensland Building Tribunal. He can have 1 Title Act 1994, section 122. immediate access to dispute resolution in the (2) A building contractor who lodges a tribunal. Consumers do not have the same caveat claiming an interest in land of a capacity as developers to dispose of their building owner under a domestic building assets and avoid paying the builder. contract knowing the owner to be a Ultimately, consumers will pay the builder. That resident owner commits an offence. is why we are making this major distinction Maximum penalty for subsection (2)—100 between the builder's right to lodge a caveat penalty units.'. against developers and the builder's right to lodge a caveat against residential owners. 1 Land Title Act 1994, section 122 (Lodging Mrs SHELDON: That still does not really a caveat)" satisfy my concerns nor, may I add, the As I flagged earlier in my reply to the concerns of the HIA. Yes, they were second-reading debate, we do not agree with concerned about builders building for the Opposition, which wants to reinstate the developers, but why should a builder who has caveats for all purposes. Our amendment built a house have to go through the whole reinstates caveats in relation to developers. In process of going to the BSA when the future, builders will still have the right to consumer for some reason decides that they introduce or lodge a caveat over a developer, are not going to pay the money? The builder but we do not agree—and this is the principal does not have a legal right. point of difference between us—that builders As the Minister well knows, a lot of or developers should have a right to lodge a builders are very concerned about the fact that caveat over a resident owner. We are making when something goes before the BSA, the distinction between the resident owner— particularly if it goes to court or goes through the consumer—and developers, and that is the tribunal, then it is on the record that that the essential point of difference here. We has occurred to the builder. I cannot see why believe that it is right. this cannot be left out. I wonder if the Minister I have thought about this issue a lot and can tell me, seeing she is intent on not we believe that it is fair that builders should be allowing that right for builders to continue, how able to lodge a caveat over a developer many builders have actually used the right of because builders may be exposed to large caveat, how often they have actually needed 812 Domestic Building Contracts Bill; Queensland Building Tribunal Bill 12 Apr 2000 to use it. My understanding is that it is used see that they do actually fulfil the interests and very rarely, but there is still the legal right of the concerns raised by the industry. I have to protection for them. Could the Minister tell me rely on the Minister saying that indeed they do. how often that process has been used. The It would have been very nice to have them a Minister is saying that the consumer should little earlier so we could have gone through not have this right, but how often has the them to make sure that in fact they do. I said consumer had to argue legally with a builder if in my speech in the second-reading debate— the builder has exercised his right under the and this is a fact which the Minister has not caveat? rebutted—that the consultation she is Ms SPENCE: I have to say that I am a bit speaking of should have happened before the confused. All we heard from the two Bill was originally brought in, not after. If it had, Opposition members who chose to speak in we would not have this raft of amendments. the second-reading debate was criticism However, we do and I have to rely on the because today I am introducing amendments Minister's discretion that they are what the at the suggestion of and after consultation with industry wants. the industry. I acknowledge that. I have In this instance, I have concerns in listened to industry in the past few months. relation to clause 85 and the builder not The amendments I am moving today result having the right of caveat. Let us face it: a lot from their requests. I have acknowledged that, of builders do not build for developers; they on certain issues, they have helped us make build ordinary houses for ordinary people. I do better legislation. That is why I am moving not see why this right for the builder has to be these amendments today. I did not give in to removed. My understanding is that only twice every one of their demands. Industry bodies in 20 years has a builder sought his legal rights did not get everything they wanted from this under the caveat provisions. But they are legislation. Frankly, if those opposite had there. The owner knows they are there and asked industry about this legislation a year hence the owner, unless there is a problem, ago, they would have been told, "We don't will pay the money. Obviously, there have not want a bar of a domestic contract Act or a been many problems because only twice in 20 consumer Bill." They did not want any of it. years has this incident come up. There is also a penalty clause provision in We have worked together for a year. I the amendment brought in by the Minister. think it is good legislation, but I have not given There are 100 penalty units if a builder puts a industry everything they want from it. At the caveat or tries to put a caveat over a domestic end of the day, consumers have to be building contract of a resident owner. This is protected as well. It is a balancing act. That is not an amendment that the Minister has made why I am prepared to concede to industry the without teeth. I do not think that she is requirement—the need—for builders to have protecting the rights of the ordinary builder, the power to lodge caveats over developers. and there are a number of them out there. But, at the end of the day, I cannot agree with industry in their demand to allow builders to Amendment (Mrs Sheldon) negatived. lodge caveats over residential home owners. I Amendment (Ms Spence) agreed to. think it is an unfair demand. I think it means Question—That the clause, as amended, that both parties do not have equal legal stand part of the Bill—put; and the Committee rights. divided— Builders who find it difficult to get the last AYES, 46—Attwood, Beattie, Bligh, Boyle, Braddy, payment from a home owner can now, Bredhauer, Briskey, Clark, E. Cunningham, J. because of the other changes we are making Cunningham, Edmond, Elder, Feldman, Fenlon, today, get a speedy, same-day resolution in Foley, Hamill, Hayward, Hollis, Kaiser, Lavarch, the Queensland Building Tribunal. Builders do Lucas, Mackenroth, McGrady, Miller, Mulherin, Musgrove, Nelson-Carr, Nuttall, Paff, Palaszczuk, not have to go to the BSA. The member is Pearce, Pitt, Prenzler, Reeves, Roberts, Robertson, wrong in saying that. They do not have to go Rose, Schwarten, Spence, Struthers, Welford, through that process. They can go Wellington, Wells, Wilson. Tellers: Sullivan, Purcell immediately to the tribunal and get a same- NOES, 35—Beanland, Black, Borbidge, Connor, day hearing on the issue. It gives both parties Cooper, Dalgleish, Davidson, Elliott, Gamin, Goss, equal legal rights. I think it is good law. Grice, Hobbs, Horan, Johnson, Kingston, Knuth, Mrs SHELDON: First of all, I did not Laming, Lingard, Littleproud, Malone, Mitchell, criticise the amendments. Let me make that Nelson, Pratt, Quinn, Seeney, Sheldon, Simpson, quite clear. What I did was criticise the number Slack, Springborg, Stephan, Turner, Veivers, Watson. Tellers: Baumann, Hegarty we have been given. It has been pretty difficult to go through the Bill and the amendments Resolved in the affirmative. within the short period of debate on this Bill to Clauses 86 to 104, as read, agreed to. 12 Apr 2000 Domestic Building Contracts Bill; Queensland Building Tribunal Bill 813

Schedule 1, as read, agreed to. '(2) A deputy chairperson may be Schedule 2— appointed on a full-time or part-time basis. Ms SPENCE (5.02 p.m.): I move the '(3) The chairperson or the Minister may following amendments— appoint a deputy chairperson to act as chairperson if—'." "At page 71, lines 21 to 23— omit. This amendment allows the appointment of more than one deputy chairperson to the At page 73, lines 26 and 27— tribunal to ensure that a deputy is available to omit, insert— fulfil the position of chairperson if needed. '(a) states the matters mentioned in Previously, the Bill allowed the appointment of section 28(2)(a), (c), (d) and (e);2 and only one deputy chairperson, which may have caused a problem if both the chairperson and (aa) states the contract price or, for a cost deputy chairperson were unavailable, given plus contract, the building that the vast majority of powers under the Bill contractor's fair and reasonable are exercised by the chairperson. estimate of the total amount the building contractor is likely to receive Amendment agreed to. under the contract; and'. Clause 15, as amended, agreed to. At page 78, after line 26— Clauses 16 to 183, as read, agreed to. insert— Schedule 1— ' "resident owner", under a domestic Ms SPENCE (5.04 p.m.): I move the building contract, means a building owner following amendment— who— "At page 92, after line 6— (a) is an individual; and insert— (b) intends to reside in the building— '11A. Section 67P(2), from 'and worked (i) on completion of the domestic out'— building work; or omit, insert— (ii) within 6 months after the completion of the work.'. 'for each day the amount is unpaid.'. 2 Section 28 (General contents—required '11B. Section 67P(3), definition "penalty matters)" rate", paragraph (a)— Amendment 17 corrects a drafting error in omit, insert— the Bill. Amendment 18 clarifies the '(a) the rate made up of the sum of the information which must be included in a following— contract summary schedule by correcting a (i) 10% a year; drafting error. The amendment has been considered extensively by all stakeholders, (ii) the rate comprising the annual rate, who are in agreement that this did need to be as published from time to time by the clarified. It has the support, I believe, of all Reserve Bank of Australia, for 90 day concerned. Amendment 19 is a new definition bills; or'.'." which supports our amendment to the caveat This amendment clarifies that the rate of law. penalty interest applicable to late progress Amendments agreed to. repayment is calculated daily at 10% per annum and not 10% for each day moneys are Schedule 2, as amended, agreed to. outstanding. This amendment was inserted at the request of the QMBA. The amendment Queensland Building Tribunal Bill does not change the operation of the existing Clauses 1 to 14, as read, agreed to. provision but merely ensures that there is no potential for argument over its effect. Clause 15— Amendment agreed to. Ms SPENCE (5.03 p.m.): I move the following amendment— Schedule 1, as amended, agreed to. "At page 16, lines 7 to 9— Schedule 2— omit, insert— Ms SPENCE (5.05 p.m.): I move the '15.(1) The Governor in Council may following amendment— appoint 1 or more members of the "At page 96, lines 19 and 20— tribunal to be deputy chairperson. omit, insert— 814 State Housing Amendment Bill 12 Apr 2000

' "domestic building work" has the things. In fact, the coalition was working on meaning given by the Domestic Building such a scheme prior to losing office. It is still Contracts Act 2000, except that for unclear whether the aim of the scheme as put applying section 8(8) of that Act, the forward is to provide less expensive access to definition "excluded building work" in that home ownership by low income earners or to Act is taken not to mean anything address the current misalignment and average mentioned in paragraph (b), (c) or (d) of age of the public housing stock. the definition.'." In the Minister's second-reading speech, This amendment clarifies that the the primary aim was stated as "providing tribunal's jurisdiction includes disputes over flexibility to offer a broader range of housing work carried out by engineers, architects and loans", but I am afraid that this is a method designers, as well as the preparation of plans, rather than an aim. If, of course, the aim is to specifications and bills of quantity. The achieve both, certain compromises on both amendment also ensures that disputes aims must be made. It is clear that those two involving foundations data are within the aims are quite different. It is a question of jurisdiction of the tribunal. The amendment whether the aim is to provide affordable simply gives effect to the intended jurisdiction homes to low income earners or whether it is a of the tribunal. The amendment was required more physical approach of looking at the as the works identified earlier were not housing stock with a view to realigning it. Both governed by the contracts Bill but must fall aims are very important. If both aims are valid, within the jurisdiction of the tribunal to ensure it is necessary to establish which is the more that disputes may be resolved fully by the important aim in order to establish a guideline. tribunal. We will encounter some of these Amendment agreed to. considerations as we proceed. Although the Schedule 2, as amended, agreed to. Opposition will not be opposing the Bill, we will have a number of points that need clarification Bill reported, with amendments. before we give our support to the Bill. One of the difficulties with this legislation Third Reading is that it is an amendment to an Act and, by Bill, on motion of Ms Spence, by leave, itself, does not go into any detail as to how the read a third time. scheme will work. I am, of course, in possession of the document entitled Financial Assistance to Purchase State Housing Rental STATE HOUSING AMENDMENT BILL Properties. I have also, along with my Bills Second Reading committee, had the benefit of a briefing from departmental officers. The briefing was useful Resumed from 29 February (see p. 56). and I acknowledge the assistance of those Mr LAMING (Mooloolah—LP) (5.07 p.m.): officers. Without such briefings, of course, it It gives me pleasure to respond on behalf of would be very difficult to respond to the Opposition to the State Housing Bills—particularly a Bill of this nature which is Amendment Bill. Recent figures being quoted enabling legislation. The detail of the actual indicate that the percentage of Queenslanders scheme lies elsewhere and is not spelt out owning or buying their own homes has fallen chapter and verse in the Bill. It is not the sort slightly in recent years and that Queensland's of Bill to which one can go clause by clause level is lower than the national average. There and follow the scheme. are, of course, a number of contributing factors It is therefore necessary for me to go to this fall in addition to the affordability through some of the less clear areas and raise aspects of a few years ago related to some of the Opposition's concerns. I am quite unacceptably high interest rates. prepared to accept simple points of clarification Notwithstanding those factors, in an egalitarian from the Minister as the debate proceeds. To society home ownership is a privilege that this end, I did provide the Minister with a list of should be facilitated and all those who desire it some of the more straightforward questions in and are prepared to take on the responsibility order to assist the House in its deliberations. I and make the necessary commitment should trust that those questions were not too be encouraged to do so. complex. The answers were provided promptly Schemes such as that being put forward and will, no doubt, save the time of the House. by the Government, while not making a I thank the Minister for providing me with those substantial contribution to home ownership in answers. They were adequate for my purposes general, can fulfil a role in the scheme of and will assist in the debate. 12 Apr 2000 State Housing Amendment Bill 815

The concept of existing tenants being New South Wales model and was advised in able to purchase their existing rental dwellings, the negative. I was advised that the product if available for sale, raises two basic had been specifically designed to meet the questions—which homes and which tenants? I needs of the target group in purchasing former come firstly to the dwellings. Although the departmental properties. This, in part, could document lists some categories of dwellings contribute to the answer to my initial question that are not available, this would indicate that about the primary aim of the scheme. It lends the majority are available. If such is not the support to the view that it is a tenants' case, it must be clearly stated so as to avoid purchase scheme rather than a scheme confusion and disappointment—particularly in primarily aimed at a realignment of stock. I am light of the fact that, as I understand it, there sure the Minister will respond to that particular will only be 200 or 300 homes available for aspect in his reply. sale each year. I would like to address the issue of which It would be a pity if all people who tenants would be eligible. The $55,000 per occupied public housing assume that their annum gross income for non-tenants seems to houses will be available for sale to them. The be a figure that would qualify a group of case might be that a particular tenant's house applicants for a Government loan. These might not be on the list of houses for sale. The people would be well above the income limit of tenant's hopes might be raised, only to find the average tenant. My inquiries from private that their house might not be available. That is lenders have indicated that such a limit could not to say that that tenant could not purchase be described as being somewhat generous. another house that would be available. It Bearing in mind that the maximum amount of would be a pity if a tenant, who was desirous a loan will be $115,000 under the scheme, I of purchasing the house which he has called am informed that on a $55,000 per annum home for a few years, was told that the house income a borrower would qualify for a private is not for sale. This matter must be clarified up loan of $150,000, and that is assuming an front. 8.8% interest rate. As I understand it, the New South Wales I contacted another bank in order to get a model is mainly intended to facilitate housing second opinion. I asked the same question stock realignment. The New South Wales and I was advised that a person on $55,000 department will only sell properties that are no would qualify for a loan of about $156,000. I longer useful for public housing. Properties suppose one can assume that different banks that the New South Wales department is likely make their assessments in different ways. I to sell are: those that are uneconomical to think the two figures are close enough to maintain or repair; those that are located indicate that $55,000 appeared to be where there is a high concentration of somewhat generous in the circumstances. Department of Housing ownership; those that Mr Schwarten: They aren't forced to take are in a poor location; those that have a high a loan. market value without a high strategic value; and those that no longer suit the demand in Mr LAMING: I know they are not forced to the area. For example, there may be a surplus take a loan. This gets back to the question I of three-bedroom homes where the demand is asked initially as to the purpose of the for two or four-bedroom homes. scheme. Is it for realignment of stock or is it— Mr Schwarten: If someone wants to go Those sorts of considerations seem to be and get a private loan, they can do it. common in Queensland. It is a problem in all States where we have an ageing stock, a Mr LAMING: Yes, but if— changing lifestyle and a change in the type of Mr Schwarten: This is to help the people home that people require. The three-bedroom you don't want to know about. home that just about everyone lived in a Mr LAMING: That is an unfair and an decade or two ago is quite often not the sort of unkind cut, and the Minister knows that as well home that is sought after by a lot of people as I do. If there is a limit on the amount of who are looking for public housing these days. funds available, and if there is a limit on the People looking for public housing and people number of homes that are going to be looking for housing in the private sector are available for sale, and if the income limit is set often looking for one or two-bedroom homes, at an unnecessarily high amount—bearing in units, duplexes and other sorts of mind that the average income in Queensland accommodation. is a little over $30,000 and a ceiling of $55,000 I asked the Minister whether the is made available for people to take Queensland model is intended to follow the advantage of what appears to be a good loan 816 State Housing Amendment Bill 12 Apr 2000 prospect—that could impact on low income department for a property in that area, but not people. Those people might miss out when necessarily the same property. The rejection people who can well afford a private loan are must also state the reasons, and this is an able to access the scheme. I am sure the important clarification of that point. Minister will respond in more detail to this Supplementary questions on this issue matter a little later. are: if this person did not get a rejection from Looking at it from another perspective, on the private sector, could he or she purchase a $110,000 loan the private sector would the same house using that private loan for favourably consider a borrower who is earning which the person applied and did not get a as little as $30,000 for a single person and up rejection? Would they be able to purchase the to $45,000 for a couple with two children. This house using the private loan? Whether or not is a long way short of the $55,000 cap for this is the case, the value of a rejection slip, those who are already in public housing or who which could be due to a number of factors, is are on the waiting list. quite high when one considers the interest- I realise that we are looking at—and this is setting benefits of the Department of Housing the Minister's point—maximum allowable finance package. I understand that loan incomes rather than minimum incomes for repayments will commence at 25% or less of affordability. However, if the gap is too wide, it the borrower's assessed gross income. I asked would seriously question whether the tenant or the Minister whether that percentage could be the other applicant should be seeking funds subsequently reduced and, if so, under what from the private sector. circumstances. I am advised that if the borrower requested a reduction in their The situation for existing tenants where repayment, which would still repay the loan the $55,000 cap does not apply is even more within the term, then the percentage would significant. Assuming that there is limited decrease. finance and a limited number of homes available, I would assume that such a scheme At this point, might I suggest to the should be targeted at those who could afford Minister that, in such circumstances, the to make the commitment but could not afford borrower be advised as to the impact on the private finance. total loan repayments. I think that that is an Such considerations regarding the important point because in this day and age borrowers are actually advised to try to pay possible affordability of private sector loans their loans off more quickly than the terms of highlights the next issue, and that is to do with the loan state. If they did that, the interest the requirement for applicants who are not savings would be quite significant. This is tenants or eligible for assistance under rental actually a reverse situation. If a monthly programs to provide evidence that they have payment is reduced, then the total amount of been previously rejected for finance by a interest—and therefore the total repayments private sector lender. Firstly, I would ask why on the loan—could increase quite dramatically. such a provision does not apply to existing I hope that the borrower is counselled that that tenants, as without the $55,000 income cap is the case so that they do that only if it is some of them might be well able to access absolutely necessary and, hopefully, go back finance privately and service the loan, thus to their previous level of payment as soon as freeing up funds to assist others who, while on they can. lower incomes, could still service a departmental loan. Indeed, as I said earlier, I also asked: could the borrower elect to there is a huge difference between $55,000 make greater monthly contributions or make and the average annual earnings in lump sum payments? I was advised that this Queensland of just over $30,000. could occur without penalty. Another query One of my written questions to the was whether or not the monthly payment Minister asked the following: how recently does increases as income levels increase or whether "previously rejected for private finance" mean? they remain at the original dollar amount. I was Does it refer explicitly to the dwelling under advised that the monthly repayments may consideration? Does it have to be in writing? increase only due to an increase in interest Must reasons be given for the rejection? I am rates to ensure that the loan is repaid within advised that the department will require written the agreed term. Of course, that is a factor in evidence in the form of a letter, or other favour of purchasing rather than renting. documentation from the private sector lender, That flows on to the issue of capital which states that the finance has been improvements. During the briefing, I asked the declined and that it would need to be for the Minister what type of improvements would be same amount as that being sought from the and would not be included. I was advised that 12 Apr 2000 State Housing Amendment Bill 817 taxation precedents would be used to create a Mr LAMING: That is fine. We will see schedule. I subsequently asked the Minister to about that after 1 July, too; we will see who advise in general terms what are some of the was on the right tram. Madam Deputy typical examples of improvements that would Speaker, since we are straying a little from the be included and some that would not be. I was Bill, I ask that you allow me to respond by advised as follows. As an automatic part of the saying that perhaps the Labor Party never has sale-to-tenant process, the tenant is sent a been and never will be in favour of tax reform form on which they are asked to list any in this country. I can assure the members improvements of whatever nature they have opposite that that puts them right out of kilter made to the property. When the independent with the vast majority of Australians. valuer is instructed to do a valuation of the The deposit required is another issue that property, they are also instructed to consider was discussed at the briefing. According to the this list and make an allowance for any or all of document, the deposit is a minimum of 5% of those improvements which, in the valuer's the purchase price. Using an easy example of opinion, have added value to the property. a purchase price of $100,000, the deposit That allowance is deducted from the market would be $5,000. Together with the scheme's value determined by the valuer to provide the non-repayable deposit assistance grant of price for which the tenant can buy the house. 50%, the deposit could be reduced to $2,500. That means that tenants get a reduction At the briefing, we were advised that that was in the purchase price to the extent that the to be made up of commitment money, that is, independent valuer determines that those through a genuine savings program. My improvements have added to the value of the discussions with the private sector also property. The department does not direct the elucidated that a very important aspect when valuer which items are to be considered and they were considering loan programs to which are not. Examples of improvements that borrowers was that the applicant had a good would be included are landscaping and the savings record. That has also been confirmed construction of carports. Examples of by the Minister. I believe that that is a valuable improvements that would not be included are aspect of the scheme. items of routine maintenance or other The Minister also added further comment expenditure that does not increase the value on what effect the Federal Government's first of the property. home buyer's grant of $7,000—under the new I note the method of calculating the tax system—will have on these arrangements. applicable interest rate and the formula for The Minister responded that he now avoiding the impact of rapidly rising interest acknowledges that the first home owner's charges. I believe that, under a more grant could assist in meeting legal and other economically responsible coalition Government start-up costs or reduce the amount of the in Canberra, rapidly rising interest charges are loan required to purchase the property and less likely, but the rate increase formula that this grant could be very helpful indeed to protects borrowers from the possible effects of first home owners. I look forward to a lot of any return to the bad old days, and I certainly people being involved in that program. I endorse that. believe that there has been— Mr Schwarten: I think there will be a lot of Mr Schwarten: They've gone up pretty people who can't get it because they may good in the last couple of months. have been in de facto type situations. Mr LAMING: Nowhere near the level at Mr LAMING: Yes. which they were under Mr Keating. Mr Schwarten: That is going to be a real Mr Schwarten: Not the GST. Of course, problem for us. you support that, don't you? Mr LAMING: Yes. It is a similar situation, Mr LAMING: Yes, and I will remind the too, with the stamp duty reduction for a Minister about whether he supports it perhaps person's first principal place of residence. in 12 months' time when most wage earners Mr Schwarten: It's going to be a real are waxing lyrical about their better— problem. Mr Schwarten: Keep talking about it. I Mr LAMING: Yes, it is. I acknowledge want you to keep talking about it. that. It is a difficult one in terms of marriages that have split up and people remarrying, that Mr LAMING: That is fine. The new tax sort of thing. However, there has to be— system— Mr Schwarten: And it's not means-tested. Mr Schwarten interjected. That is the other thing. You talk about 818 State Housing Amendment Bill 12 Apr 2000

$55,000. That's the real problem; in a lot of finance and I think, particularly if $100 is being cases, women especially are going to lose out. paid to people and it is compulsory, that we Mr LAMING: The fact of the matter is, might as well go the extra inch, if you like, and since the Minister has raised the question it is not going to far to say it should be from regarding it not being means tested, the somebody qualified to give financial advice. I $7,000 first home owner's grant is not a do not think that is unreasonable. welfare payment. It is in recognition of the The loan application fee waiver is often anticipated extra cost of everybody, particularly given in the private sector and there is no young people, buying their first home. It has problem with that. I note that in New South been worked out that that would be the extra Wales participants in such schemes are cost on the cost of an average home of about exempt from paying stamp duty. The principal $150,000. I do not think it should be means place of residence discount would probably tested because everybody, regardless of their apply. I asked the Minister whether the total means, will be disadvantaged. exemption applies as it does, I believe, in New Mr Schwarten: Why should a woman South Wales. The response from the Minister who has been chased out of a marital was detailed but I should put it on the record— relationship because of domestic violence be "Stamp duty is relevant on both the persecuted for it? Why should she have to pay purchase of a property, and also on the the $7,000 start-up costs? loan to buy the property. Mr LAMING: Pay the $7,000? With the purchase of a person's first principal place of residence, there is no Mr Schwarten: What you are saying is duty payable if the property is being that a millionaire's kid can get the $7,000 in purchased for $80,000 or less as a rebate compensation. of $800 is applied. If the purchase price is Mr LAMING: I think I covered that, when I $80,001-$150,000, then there is no duty said— on the first $80,000 but there is duty Mr Schwarten: You did not. payable at the rate of 1% of the purchase price over $80,000 less a rebate of $500. Mr LAMING: Yes, I did. It is not a welfare If a person is buying their principal payment. It is acknowledgment of the extra place of residence, but it is not the first cost of a home because of the impacts of the home they have owned, then stamp duty GST. I daresay we will agree to differ on that. is payable on the purchase at the rate of In relation to the $100 grant towards 1% of the purchase price up to a value of obtaining compulsory independent financial $250,000. advice, that is quite all right, although I did Stamp duty on loans is different. For assume this advice would be provided by a first principal place of residence, no duty is qualified accountant or another person payable on mortgages of up to $100,000, qualified to give this sort of advice and that it and in the case of loans over $100,000 would be in writing. I am now advised that this duty is payable at the rate of 40 cents for is not necessarily the case and would like to every hundred dollars advanced in excess ask the Minister again to clarify why an of $100,000. For principal places of accountant or a similar professional is not residence duty is exempt on the loan up required for this function. I think the idea of to $70,000 and the 40 cents per every obtaining financial advice is sound and I agree hundred dollar rate of duty applies for any with the concept of providing the funding to advance in excess of the $70,000. assist the person to obtain professional or independent advice. I do not know whether it In the case of the Queensland State said professional advice, but having gone that Housing Loan the Department will be far, to take anybody's advice, whether it is the seeking exemptions from duty under the father-in-law or the brother-in-law or something provisions of State Housing Act on both like that, I think that could be improved and the transfer and the mortgage. The State the Minister might like to respond to that Housing Act complete exemption may or suggestion. The loan application fee— may not be available on the transfer/purchase, depending upon the Mr Schwarten: How do you suggest? outcome of consultation with the Office of How do you think we might improve it? State Revenue to take place shortly, but if Mr LAMING: When I asked the question I this is not available the first and principal asked whether it would be from an accountant place of residence exemptions will apply or other professionals who are trained in on the purchase." 12 Apr 2000 State Housing Amendment Bill 819

The Queensland State Housing Loan provides years. I am advised that it could be extended $1,000 assistance for a borrower's legal costs to 30 years in case of hardship and that the and will help with stamp duty on the purchase department would make an assessment should it be payable. The principal place of based on the circumstances. I suppose the residence stamp duty discount would apply same comment applies to that as it does to normally to reduce the amount of duty payable the reduction in the loan payments, because it by departmental borrowers to a lesser amount. works out to the same thing. I would hope that The provision of no requirement for the borrower is counselled that the total mortgage insurance is all right and I ask what payments being made on the loan would provision there is for purchasers who, for increase and perhaps increase quite whatever reason, cannot meet their significantly. repayments, either temporarily or on a longer This flows logically to the question as to term basis. In other words, is the borrower's whether the loan transfers to a beneficiary on mortgage insured? I was advised, once again the death of the purchaser. At the briefing, I by the Minister, that the mortgage insurance is was advised that this was not the case and an underwritten condition of the scheme. that the loan would be in default. These are I understand also that there is a provision the sorts of issues that also need to be made in the Western Australian model that allows a clear prior to tenants signing up. I would purchaser to revert to a rental tenant situation appreciate the Minister's further comments on in their house if the circumstances arose that this, as in his written response he outlined that, they could not continue with the loan. I am if there was a joint tenancy, the surviving wondering whether that is the case under this tenant would continue with the loan. I think it is Bill and the Minister might like to comment on worth pursuing a little further the situation as it that in his reply. applies to a single borrower or a surviving spouse who passes away subsequently to his The matter of valuations, I believe, is or her partner. always going to be of particular interest. The tenant or prospective owner will want to ensure During the briefing, we were advised that that he or she does not pay more than the purchasers would be required to have a good property is worth. On the other hand, it will be credit rating. If this is so, I ask the Minister: necessary to ensure that the Government's what process will be used to ascertain that? and the taxpayers' interests are recognised These days most people have credit cards. and protected by ensuring that properties are However, a number of old-fashioned people not sold significantly below valuation. This was resist credit cards or see dangers in using not something that arose at the briefing that I them. I have come into contact with people can recall, but I would assume that it would be who have found it difficult to get a credit a valuer from the department or maybe two reference because they have not borrowed valuers from the department. At the moment, I anything. have a leaning that perhaps there should be Mr Schwarten: That's the reason we an involvement of the State Valuation Service have this loan. in this process, because otherwise one has a Mr LAMING: If they are going to be person who is actually working for the vendor required to have a good credit rating, we need valuing the home, whereas the purchaser to establish the process for finding that out. might not see that as a completely transparent process. Mr Schwarten: One of the things you'd The question arises as to how the look at is if they're paying rent and they've valuations will be arrived at, by whom will they managed to pay rent at market value for the be made, and will this be prior to or after any house for a long time. Do you reckon that's presale refurbishments. I understand that the reasonable? home will brought up to a significant standard Mr LAMING: At market value? and obviously if that is the case the valuation Mr Schwarten: If they've been paying would need to be done subsequent to that. I about $200 a week for 15 years, they would can see this being an area of considerable be a fairly good risk, don't you reckon? dispute if it is not made quite clear and the process needs to be clear up-front. The Mr LAMING: I will let the Minister expand Minister might like to outline that also in his on that in his— reply. Mr Schwarten: You don't reckon they I raised the matter of the term of the loan would be, hey? at the briefing and with the Minister, because it Mr LAMING: I will hear what the Minister had only appeared in the media release as 25 has to say. 820 State Housing Amendment Bill 12 Apr 2000

I have raised a number of issues. Some looking at establishing more housing of them have been addressed. I look forward commission houses or giving people the ability to the Minister's response to them. A lot of to buy and move into housing commission them are machinery or administrative. The houses, it should be looking at some of our main issue that I would like expanded in some regional centres, such as Townsville and detail in the Minister's reply concerns the Cairns—and I know that is happening—and $55,000 limit. Establishing whether the loan is perhaps moving away from country towns. The basically designed to provide affordable problems of isolation in country towns are real. housing or is a process for realignment of If people are already isolated and they do not stock will show us whether the $55,000 cap is have job prospects but they are buying a set at too high a level. house, I think they are leading themselves into Mr NELSON (Tablelands—IND) the position— (5.42 p.m.): Briefly, I wish to speak to the State Mr Schwarten: They've put a fair few Housing Amendment Bill, which I fully support. houses on the market in Atherton. One of the most empowering things we can do Mr NELSON: They have. Atherton is a for people is give them the opportunity to own growing regional centre. a home. That is especially the case for those people who might not have had a chance to Mr Schwarten: For exactly the same own a home through the normal avenue, that reasons you're saying. That's the reason for it. is, banks and so on. A lot of people have no Mr NELSON: I am referring to houses in hope of ever raising the enormous deposit places such as Millaa Millaa and Ravenshoe. needed before the banks are willing to take a Perhaps it would be a good move to sell off chance on them. I commend any Government some of those houses and get them off the that spends time on making sure that home State register. How do I say this without being ownership is made possible for the majority of horrible? people. Mr Schwarten: I know what you're saying. I have not had a chance to go through What you're saying is correct. Hughenden, the details of the percentage rates, deposits Julia Creek—all those sorts of places, people and so on. However, I trust that the intentions don't not want to live there. There are 300 of the Minister and the department in this vacant houses in Blackwater. realm are honest. Giving people the opportunity to buy a house, particularly in an Mr NELSON: That is right. I know the area in which they may already be living, Minister is targeting those areas. The point I am trying to make is that it is not that we do enables them to establish roots. By doing so not want those people living in those towns. In we target some of the big issues in our most cases, people do not want to live in community at the moment—giving people civic those towns. If they are pursuing work, study pride and the ability to look beyond next week. or other interests, they need regional facilities I suppose it is about giving them the sorts of nearby. I unreservedly support this Bill and I roots, for example, that I grew up with. This congratulate the Government on bringing it allows them to take pride in the area from forward. As I said, the greatest thing we can which they come. It gives them the opportunity do for people is to empower them through to achieve bigger and better things for themselves. home ownership. Giving people a sense of ownership leads to many other benefits. However, one minor issue is raised with me time and time again, that is, the location of Mrs MILLER (Bundamba—ALP) some of these houses. I am of two minds (5.47 p.m.): I rise in support of the State about this. I have had discussions with Housing Amendment Bill 2000. I am proud to different people. My concern relates to be a part of the Beattie Labor Government, housing commission houses, as I call them, in which gives battlers in areas such as small towns. The job prospects of people Bundamba a real go in life. This Bill goes a moving through housing commission houses long way towards helping our battlers to own in small country towns are limited. Let us face their own homes. it, there are not very many jobs in towns such This Bill will provide Housing Queensland as the town from which I come—Malanda—or with the flexibility to offer a broad range of Millaa Millaa and so forth. But I do not believe housing loans to members of our community we should cluster housing commission houses by inserting new interest rate setting provisions in suburbs such as Woodridge or places such in the State Housing Act 1945 for future as Ipswich. That would limit those places and housing loans. It also proposes minor people's ability to find jobs in those areas. amendments in relation to delegations However, I believe that, if the Government is pursuant to the State Housing Act 1945, which 12 Apr 2000 State Housing Amendment Bill 821 will enable Housing Queensland to be more However, whilst I support the State flexible in its administration, and an Housing Amendment Bill 2000, I believe that amendment to ensure that public servants, we should not look at this Bill in isolation but who are eligible for housing assistance under look at it through the broad vision of the the Act, are in fact able to access such Beattie Labor Government insofar as our housing assistance without fear of prosecution community is concerned. When one combines under the Criminal Code. I know that eligible this Bill with the training programs and jobs public servants across Queensland will be programs of this Government, it is easy to see grateful for this amendment. that if people receiving a Centrelink benefit get trained and skilled in areas of skill shortages The Bill has been designed to protect and then get a job, they will also be able to borrowers from high increases in repayments buy their own home with the benefit of this on loans when interest rates rise rapidly. We home loan product. The Bundamba electorate are currently in an economic environment in has many training schemes under way, such which there have been three interest rate rises as the Westfalen project, Ipswich City Council in recent times thanks to the Liberal Howard sponsored schemes and TAFE courses run and Costello Government, and borrowers of through the Bremer Institute of TAFE. It also this new product will appreciate such protection has public and private sector apprenticeships mechanisms. On the converse, however, it will and traineeships funded by the Queensland also allow borrowers to benefit from reductions Government, including the Department of in interest rates in some circumstances. Housing and the Department of Works. The public servants who have developed The Beattie Labor Government is about this new home loan product should be jobs, jobs, jobs, and with this Bill those who get commended. As a former public servant, I am jobs will be able to break the poverty cycle and aware of the considerable work that would break out of the rent cycle into home have been devoted by these officers to ownership. It will give many people in the developing this product, and I can assure Bundamba electorate who are currently locked them that the battlers in the community will be out of home ownership a great opportunity for grateful for the opportunity of owning their own home ownership. It will give the community homes. The product has been designed to hope not just for a job but for a home, for a assist current public rental tenants, applicants decent family life, for putting down roots for public housing, and low income earners to hopefully for generations. purchase a departmental house to be used as Most of the homes that will be for sale in their home. Many people in the Bundamba the Bundamba electorate will be in urban electorate fit into the above three categories. renewal and community renewal areas. Some Many tenants of the Department of Housing of the houses will have been refurbished: they are currently paying market rental for their will have been repainted inside and out; they homes. Some are paying $100 per week to will have new kitchens, new bathrooms and rent departmental houses in Bundamba, new laundries. Some will have limited Dinmore, Riverview, Goodna and Gailes, and it landscaping; some may have fences to ensure is these people who year in, year out have family privacy. Combined with community paid their rent on time, looked after their renewal programs, streets will also look good, houses and developed gardens and lawns trees will be planted, and parks and recreation who will be able to purchase their home under areas will be upgraded for the benefit of this new product. everyone in the local community. The department will also provide some Combined with the First Home Owner vacant houses for sale to low income earners Grant Bill 2000, introduced into the House this under this scheme. The sale prices for these morning, real financial incentives will assist the houses will be reasonable and many will have community. Under that Bill, members of the been refurbished under the Beattie Labor community, particularly the battlers of Government's urban renewal program. Several Bundamba, will be able to apply for a first such houses have already been sold in home owner grant, even to purchase houses Riverview. It is great to see young families owned by the Department of Housing. An putting down roots in our local community. applicant or applicants for this grant must not Under this product, however, such families will have previously received a first home owner be able to apply to the Department of Housing grant in any jurisdiction, nor have had a for a loan and not be at the mercy of financial relevant interest in real estate, amongst other institutions, who often demand unreasonable criteria. Many people in Bundamba and across deposits and high income levels before Queensland will be able to fulfil these eligibility approving a home loan. criteria. 822 State Housing Amendment Bill 12 Apr 2000

The First Home Owner Grant Scheme will the Bill does allow for housing to be sold in provide a one-off payment of $7,000 to first other areas. With other areas available, I feel it home owners who enter into a contract to is important that the Parliament be aware of purchase their first home on or after 1 July exactly what the criteria are for determining 2000. I would like to encourage members of which houses will be sold and which will not. the community who have jobs and who are I take on board the assurances from the paying full market rental in Department of Minister that areas with long waiting lists and Housing homes to apply to the department for very limited public housing stock will not be this new housing loan, to apply for a first home targeted under this program. However, where owner grant of $7,000 and make home is the line drawn? If a tenant takes a house in ownership a reality. an area where there is little or no alternative Before the Beattie Labor Government public housing yet there are long waiting lists, was elected, there was a general malaise in will the Minister sell that house to that tenant the community. There were few jobs, very few and, as a result, reduce the public housing training programs, no hope of home ownership stocks in such an area? We could theoretically for many in our community, and people were have a situation in which people move into a on the road to nowhere. Indeed, with this popular area with long waiting lists and limited Labor Government in power, there is light at stock and decide to purchase the house under the end of the tunnel. With combined this scheme and, thus, prevent other just as departmental programs such as those of the deserving people from having access to the Department of Housing and this new home house in the future. loan product and those of the Department of Employment, Training and Industrial Relations While I understand that this program is and its jobs, jobs, jobs programs, there is real generally about encouraging tenants into hope for everyone in the community. It is only home ownership—and that is a very worthwhile Labor Governments that look after the battlers; cause—at the same time it is important that it is only Labor Governments that give people any scheme dovetails into existing public hope; and it is only Labor Governments that housing programs and does not negatively help them get there. This Bill will help many impact upon them. Public housing plays a very thousands of people in Queensland achieve important role in the community and I would their goal of home ownership, and I am not like to see a new program impact pleased on behalf of the people of Bundamba adversely upon it. That is why the criteria for to support this Bill. suitable sale stocks are so important. Mr CONNOR (Nerang—LP) (5.54 p.m.): I I feel that the criteria for determining what rise to speak to the State Housing stock is available for sale and what is not need Amendment Bill. Firstly, I intend to look to be a very open and accountable process, generally at the impact of the proposed otherwise I can see that allegations will be legislation across the State and, in particular, I made, especially by those who have been will be asking a few questions in relation to the waiting a considerable time, that a particular administration of the planned initiative of house is being sold inappropriately. One can selling off certain stock to tenants. Then I will imagine the despair that a family such as this be looking at public housing issues on the would feel—especially one that has been Gold Coast. paying very high private sector rents to live in that particular area. People are sometimes Previous speakers have covered a forced to live in a particular area, often for number of areas that have concerned me, unavoidable circumstances, and these people such as the purpose of this initiative, the should not be discriminated against. safeguards and the implementation processes. However, I wish to cover the actual This brings me to an associated issue, criteria for deciding which stock to sell off. As and that is what happens to a house when the Minister well knows, a number of Housing someone defaults on the payments and the Department communities are a legacy of department, as the mortgagee, takes previous policies where the density of public possession of it? Will the department consider housing is too great and is inconsistent with placing the house back in the housing stocks the current thinking in relation to public for public housing rental purposes, or will it be housing. I do not believe that anyone would automatically auctioned off to the highest argue against the sell-off of certain public bidder and be permanently removed from the housing in areas with very high densities. public housing rental stocks? I feel that there However, there is nothing in the Bill as I read it needs to be a very public and accountable that suggests that the sell-off will be confined process for determining what houses which are to those areas—quite the contrary. As I read it, mortgagee in possession should be purchased 12 Apr 2000 Water Storage, Burnett River 823 back and placed in public housing rental years. He was very talkative when he told a stocks again. Channel 7 television news crew three days I fully understand that once the house before the election— has been purchased they are private property "If it can be done sooner than five and that the department simply becomes a years, that's the target." mortgagee and that, as such, mortgagee in possession circumstances dictate that the The member for Bundaberg has also had a lot house once repossessed is disposed of in the to say about this issue since she was elected standard fashion. However, that does not on the basis that water and jobs would be the mean to say that the department is not in a No. 1 priority of a Labor Government for position to bid for that property at open Bundaberg. auction. As I understand it, there may be other But what has this Government delivered ways in which the department can ensure that other than talk? This Government has had 22 appropriate stock is kept in the system should months to show to the people of Bundaberg a default down the line occur. As the Minister and the Burnett that they are serious about knows, it can be time consuming and improving water infrastructure in the region. expensive to find existing appropriate public What have they done? The farmers are still housing or to build public housing, and to lose waiting for improvements to water capacity on stock in these circumstances, I feel, would be the Walla and Bucca Weirs. This work was unfortunate. approved by the coalition Cabinet early in On another matter I would like to talk 1998 and the farmers still wait. We were told about the funding for the program. The that the 1999-2000 Budget included funding documents need to be explained so that the for Walla Weir Stage 2, but it is April and still differential between rental rates and discount we wait for the work to begin. This is also the rates to the tenants are clearly seen. If that is case with the proposed Paradise dam. done, the real cost of the scheme can be This Government has been full of hot air determined. One does not have to go back about the so-called speeding up of the water too far in history to see the sorts of problems allocation management plan for the Burnett that can occur if contingent liabilities are not River catchment. But let me tell the House how properly accounted for. One needs only to look this Government fast-tracks its WAMP process. back at the Home Ownership Made Easy In July last year the Department of Natural scheme, known as the HOME scheme, to see Resources said the WAMP would be the sort of a mess that can be created if completed by April 2000. Note the time frame, inappropriate policies are put in place with Minister. What is the date now? They then inappropriate accountability. made the big announcement before Christmas Debate, on motion of Mr Connor, that the process was being fast-tracked, would adjourned. members believe. But it is now April, the original deadline for the WAMP. WATER STORAGE, BURNETT RIVER Mr Welford: Watch this space. Mr SLACK (Burnett—NPA) (6 p.m.): I Mr SLACK: This fast-track, super speedy move— version of the process still has not been "That this Parliament notes that 10 delivered. I am watching this space. months have elapsed since the Beattie Mr Welford: You will have egg all over Government voted to break the Premier's your face. election promise to construct a major water storage on the Burnett River within Mr SLACK: I am pleased to hear that; I five years. really am. I would love to have egg all over my face. Once again, this Government is all talk Further, that this Parliament and no action. The farmers in the Burnett condemns the Beattie Government for district whose existing major water storages failing to progress the construction of the have dwindled once again to precarious levels water storage any further since that date." still wait. They are still waiting for the Beattie When it comes to water infrastructure in Labor Government to begin the impact Queensland, this Government is all talk and no assessment study which they told us would be action. Premier Beattie was all talk before the conducted concurrently with the WAMP. They election when he told the people of are still waiting for the Department of Natural Bundaberg and the Burnett that he would Resources to announce a preferred site for the match the coalition's pledge to build a water dam so that some real environmental studies storage facility on the Burnett River within five can get under way. 824 Water Storage, Burnett River 12 Apr 2000

The people of the Burnett are getting fed attention of the Bundaberg media that the up with this Government's hollow rhetoric. A State Government has ceased funding to the group of local growers and businessmen have Department of Primary Industries' lungfish taken the unprecedented step of erecting a monitoring and baseline studies. roadside billboard to remind the Premier and Those studies were part of an agreement the member for Bundaberg of their pre- by the coalition Government with the Federal election promises. Motorists along a very busy Environment Minister, Robert Hill, to ensure stretch of the Isis Highway are greeted with the that the construction of Walla Weir would be cheesy grins of Mr Beattie, Mrs Cunningham accompanied by proper research into the and Mr Welford in caricature. I have a copy of population and breeding activities of the the billboard with me. Mr Speaker might like it. Burnett River lungfish. Those studies have not An Opposition member: You should been completed and the State Government is table it. casting around for the Federal Government to Mr SLACK: I will table it. complete this work, estimated to cost about $163,000. All this is wasting time and delaying Mrs Nita Cunningham: Is that the one the many important studies which need to be you paid for? finalised before a dam such as Paradise can Mr SLACK: It shows the smiling face of proceed. Mr Beattie saying, "We will build it in five The member for Bundaberg has been years"—June 1998. Then there is the quoted on ABC radio as saying that the State honourable member for Bundaberg. I am glad Government is committed to the dam, she is interjecting. On the billboard she says, regardless of the study. Is that correct, "Labor will honour its commitment to Paradise member for Bundaberg? dam"—June 1998. Here comes Rod. The billboard says, "Rod, have you the political will Mrs Nita Cunningham: That is not what I to deliver Labor's promises on time, the 1998 said. election promises from the Labor Party?" I will Mr SLACK: That is the quote I have here. table it. This billboard is a sign of the frustration I am quite happy to table it. The transcript I of the people in the area. It is a larger than life have states— signal from the people of my district that they expect the Premier to keep his word. "It's a total research into lungfish, it's got nothing to do with the planning for Last month Tate and Lyle and several any future infrastructure on the Burnett." major investors announced an investigation into plans to establish a bagasse paper I have never heard such a naive statement. I pulping mill in my electorate. This billion dollar for one have not forgotten the struggle the project would take advantage of our local coalition Government had to get the relatively products, including the ilmenite mine at Monto. small Walla Weir built. Mrs Cunningham It will be based on environmentally sound seems to have forgotten about the powerful recycling principles and has the potential to environmental lobby which brought national create the economic boost that Bundaberg pressure to bear on our Government over the and surrounding communities so urgently lungfish issue. Do I really need to remind her need. This is not the first time a major of the environmentalists' call for an employment generating project has been put international boycott of Bundaberg Sugar and forward in this area. In the past, several other the public debate which raged over the future value-adding projects have gone begging after of the Burnett River lungfish? a cursory look at the limited water resources at If this Government was serious about a Bundaberg. In a region where unemployment major water storage on the Burnett, there is among the highest in the nation, this is more would be no quibbling about $163,000 to than frustrating. It is the reason that the complete the lungfish study. It is vital that that Borbidge-led coalition Government initiated the work is done. I would be interested to hear the whole of catchment Burnett studies, undertook Minister's response to that. The engineering and feasibility studies and environmentalists would absolutely hang their committed itself to the five-year time line. hat on this issue if either the studies being I know that it is now impossible for the undertaken by the DPI fisheries biologist are water storage to be completed within the five- not completed or if all efforts are not made to year target the then Opposition Leader ensure that the fish ladder on the Burnett River pledged before the election. I will watch this barrage is operating effectively. space, as the Minister said. However, greater Once again, it is obvious that, while this efforts can still be made by this Government. Government tells us that they are committed For example, just recently it came to the to a reliable water supply for the Burnett, they 12 Apr 2000 Water Storage, Burnett River 825 have not backed this up with action. Ten reference panels. We stated that we would be months ago the coalition asked the Premier to using consultants for many of the study restate his commitment to the Paradise dam components to assist DNR to keep to the and this Government rejected the motion. timetable. The plan was put in place. A five- Remember that that happened 10 months year timetable was proposed in 1997, so the ago. They rewrote our call for action into some dam could have been built by 2002. That was mealy-mouthed platitude which gave no time our genuine intention at that time. Studies line for this project. The people of the Burnett were being conducted in parallel. need some firm commitment from this The Hansard of the last debate we had Government and potential investors need on this issue, in June 1999, shows a lot of some firm commitment from this Government. Government members stating that the More than that, after 22 months of Labor coalition had made no decision to proceed Government, they need to see some action. with a major storage. That is simply untrue. I This Parliament should condemn the Beattie was Minister at the time. I have no reason at Government for failing to progress the all not to present the facts. I even have construction of the major water storage on the briefing notes from the department that back Burnett. up the things I have outlined. Nobody here disputes that long-term Now we ask ourselves: where are we in water security relies on good planning, but April 2000? The Government is nowhere near when this Government refuses to fully commit making a decision, and it knows it. It just does its resources to ensure that this planning is not have the courage to make a decision done in a time-effective way, such as to because it will upset the conservation groups— studies which can be carried out its greenie mates. That is where the problem simultaneously, one can be forgiven for concluding that the only plan this Government lies. has is to drag its feet and head off conflict with Minister Welford is quoted as stating that, the environmental lobby. Let us hear less talk from June 1999, it will be three years before and see some action. the impact assessment study is completed. Let this Parliament make no mistake That means it will be 2002 before approval is about it: the member for Bundaberg is likely to given. Really, the building of the dam should get up and say that it was not the coalition that be under way in 2002. They are the simple built the Walla Weir; Ed Casey as Minister built facts of the matter. the Walla Weir. The fact is that a Cabinet The Water Infrastructure Task Force meeting of the coalition Government in identified a lot of these types of structures. Bundaberg made the decision to fund and That task force reported to me in February build the Walla Weir. They are the facts. 1997. It recommended that the Burnett River Time expired. catchment be a Category 1 priority. Mr HOBBS (Warrego—NPA) (6.10 p.m.): Mr Springborg: Five years, that is. It is my pleasure to second this motion before Mr HOBBS: That is right. We had the the House. The motion points to a lack of money. The money was there. The progress in relation to a major water storage Government knows as well as we do that the on the Burnett River. It is quite clear that the money has gone. That is one of the reasons Government is dragging its feet on this issue. the Government is holding this whole thing up. I will outline the program for a major water Tonight a Government member will move storage under the coalition in Government. In an amendment that sets out what a great job July 1997 I met with local government and the Government is doing in relation to water industry representatives in Bundaberg. At that development in this State. We know what time we gave a commitment to get on with the those opposite will say, but it is rot. It has not technical assessment for a major storage, built a damned thing. It has done nothing. presumed at that time to be the Paradise dam. There were some other sites within that Mr Springborg: It won't take long for region, but that was the type of structure we them to read it. were looking at at the time. Mr HOBBS: That is right. The program for We give a commitment to get on with the the Paradise dam or a similar dam was roughly technical assessment for a major water $247m in two stages. It would have produced storage and continue with other necessary enormous wealth and generated enormous studies in the context of the regional study and benefit for the whole Burnett region. the WAMP. Some work had been commenced Quite simply, there is an urgent need for with the community and we were to set up urban expansion, for irrigation water and 826 Water Storage, Burnett River 12 Apr 2000 particularly for surface water to replace House. Comalco has not given the go-ahead. underground supplies, the use of which has Comalco has said that it will do the final study. resulted in salt intrusion. The sooner surface Mr SPEAKER: Order! There is no point of water is utilised, the sooner some of those order. The member will resume his seat. bores can stop being used. That would certainly assist people in the region. An Mr ELDER: It was a project that "Mr enormous amount of work can be and has to Snooze" could never deliver for this State, but be done. The Government has dragged its this Government has. That hurts him more feet on every program. It is not just in the than anything because he had that portfolio Burnett; all projects have been delayed. responsibility. The then Premier said that Comalco would never sign, and it never signed Mr Springborg: The pipeline. with the coalition. The difference is that it has Mr HOBBS: Yes. There is also the Elliot signed with us. The magnesium project is also main channel. What about Hells Gate? What likely to go ahead later this year. about Urannah? What about the Condamine? It is no wonder that the Opposition comes The Government cannot even build two little back to old issues, because it has nothing left weirs on the Condamine. The designs and to debate. Even the Bundaberg 2000 project plans are there and the studies have been has had nothing to do with the member for done, but the Government cannot make a Burnett—he is never in his electorate—but it decision. has had plenty to do with the member for Time expired. Bundaberg and my department. That is an Hon. J. P. ELDER (Capalaba—ALP) exciting project which can provide jobs in (Deputy Premier and Minister for State Bundaberg. It includes a cogeneration plant Development and Minister for Trade) and a synthetic rutile plant. It represents a (6.15 p.m.): I move the following possible 300 jobs in the building phase and amendment— 150 permanent jobs. Bundaberg is also the major beneficiary of the regional forest "Delete all words after 'Parliament' agreement, an agreement that has been and insert the following— knocked by those opposite for some time. 'reaffirms the Premier's public Mr HOBBS: Mr Speaker, I rise to a point commitment to constructing a major water of order. What does the RFA have to do with storage on the Burnett River within 5 this debate? years from June 1998 State Election, and Mr SPEAKER: Order! That is not a point supports the long-term water needs of all of order. I will not accept any more frivolous regions of Queensland, including the interjections. The member is warned. Burnett, with a pro-active approach to catchment planning, WAMPS, improved Mr ELDER: Essentially, there will be water efficiency and community plantation grown in that area. What those involvement to ensure security of water opposite have said continually is that we resources is achieved in an should have made the decisions on the RFA environmentally and economically on science. They said that we disregarded sustainable way. science in relation to the RFA. I will tell those opposite what we are doing with water. We are Further, that this Parliament commends making the decisions on science. We are the Beattie Government on the process it actually following the prescription laid down by has made on this project since that those opposite. In other words, when it comes date.'." to water, to the WAMP and to sustainable I am pleased to speak in this debate. It development, we will base our decisions on really shows that there is a lack of new issues science. to be raised by those on the other side of the That is the difference between the House. We have debated this issue on a coalition and this Government. Those opposite number of occasions. It was fully debated a basically said that the coalition made the few months ago. Since then we have had decision relating to the Paradise dam as it did Virgin Airlines come to Queensland, we have with the Nathan dam. All the coalition ever did had Comalco give the go-ahead for the was roll out an announcement: "We will build a Gladstone site for its massive alumina refinery dam." There were no studies and there was no and we have had the Millmerran Power Station scientific basis to that decision—none come on stream. whatsoever. In relation to the Nathan dam the Mr SLACK: Mr Speaker, I rise to a point coalition just said, "We are going to make a of order. The member is misleading the decision to build a dam." The member for 12 Apr 2000 Water Storage, Burnett River 827

Warwick was up there, watching a video Opposition was in Government and it ran up showing water flowing over a dam saying, "We against science, it came up with the Comet will build it." There was not one bit of scientific dam. After promising everyone in Queensland evidence—none. Not one bit of work was that they were going to build the Comet dam, done. When is that work being done? It is when those opposite had to face the reality of being done by this Government, by this science they realised that they could not Minister, with the WAMPs. We are working on deliver on their promise. Here they are, sitting supplying, in all of those catchments, in the luxury of Opposition, promising dams all sustainable industry through appropriate water over the State, but they are not prepared to management policy. face up to the science. The new member for Bundaberg has What this debate is about is a been working hard for Bundaberg over the fundamental difference between the coalition past 20 months. The member for Burnett has and the Beattie Labor Government. This to get out of his Brisbane residence and get Government is a visionary Government which up to the Burnett on the odd occasion to see looks beyond doing favours for its mates and what is going on in his own electorate. I accept aims for long-term solutions to benefit present no criticism from the member for Burnett, and future generations. This Government does because he does not represent his electorate. not mislead people, as the member for Burnett He has not represented his electorate since he did in his original motion. This Government has lived in Brisbane. He should talk to sets in train processes which will help— someone who lives in the area and who looks Mr SLACK: I rise to a point of order. I find after his constituency issues. I have been to those remarks offensive and ask that they be Bundaberg. I have actually sat in the office of withdrawn. the member for Bundaberg and dealt with constituents from the Burnett electorate, Mr WELFORD: I withdraw. Not only has because their local member is never there. the Opposition got it wrong—deliberately and dishonestly when it refers to the alleged The member for Bundaberg is doing the commitment of the Premier—but it has it totally work of two members. The important point is wrong when it comes to ecologically that she is looking after the interests of the sustainable development. If the coalition had electorate with regard to water. We will deliver its way, it would be throwing up water on the water promises, but we will do them in a infrastructure and other developments without way that is environmentally sustainable. We any consideration for their impact on the said that we would do it in five years. We also environment or on local communities. said that we would take the WAMPs into This Government is taking a proactive consideration along with the work that would approach to planning our State's catchments be continuing in terms of water management. and protecting them for the long term. We are We will do it, and we will do it on a protecting the water security that is currently in scientific basis. The difference between this our catchments. We have a number of water Government and those opposite is that those allocation management plans under way in opposite could never deliver. They could not various catchments, including the Pioneer, the even deliver a pizza. Not once have they Condamine, the Mary and the Burnett. delivered. I was amused when I read the We have already delivered on the WAMP Leader of the Opposition's comments the in the Fitzroy. The draft WAMP for the Burnett other day when he said, "The only thing you will be out this month. Our aim is to provide have got is Virgin, and the only reason you got long-term security of water resources in an it is because there was a bipartisan approach." environmentally and economically responsible They never came through the Opposition's way. If the Opposition had its way, we would door—not once. be rushing out and building dams no matter Time expired. what the consequences. That is what the member for Burnett is advocating. Hon. R. J. WELFORD (Everton—ALP) Notwithstanding the 22 infrastructure (Minister for Environment and Heritage and impoundments in the Burnett catchment at the Minister for Natural Resources) (6.20 p.m.): I present time, the member for Burnett wants to second the amendment moved by the Deputy run out and build more without any regard to Premier. I am pleased to participate in this science or long-term ecological sustainability. debate. As the Deputy Premier said, the one thing that the Opposition, when it is in A Government member interjected. Opposition, does not want to face up to is the Mr WELFORD: And he did not build them reality of science. The one time when the when he was in Government. He is full of 828 Water Storage, Burnett River 12 Apr 2000 promises now that he is in Opposition. He did region. The member for Bundaberg, Nita nothing when he was in Government. Cunningham, identified this need long ago Our rivers are the lifeblood of so many of and she and our Government have been our regional communities. No responsible working on this matter more diligently, with Government would go out and do that without more effort and with more dedication than ever ensuring that we protect the quality of our the member for Burnett did while he was living catchments for future generations. up there, let alone whilst he has been the member. In recent times he has been living The coalition cannot get it right even elsewhere and visiting the electorate when their Federal coalition colleagues lecture occasionally. them. Let me quote from the Western Star newspaper of Monday, 10 April. I refer to an Fundamentally, the objective of our water article which was headed "Hill warns party to planning process is to make water available on heed 'green' advice". Speaking at the National a basis which is sustainable and which ensures Party conference in Longreach, Senator Hill existing allocations. The 182,000 megalitres of felt it necessary to try to get those opposite to allocations in the Burnett are secure in the realise what everyone else has known for a long-term. long time. Let me quote from the article— Time expired. "Australia's past was littered with Mr SPRINGBORG (Warwick—NPA) environmental blunders made out of (Deputy Leader of the Opposition) (6.25 p.m.): ignorance, Senator Hill told 150 delegates We have just heard an absolutely amazing to the Queensland Nationals' powerful contribution by the member for Everton. He central council conference. has basically contradicted the assertions that We should not go on making the were made earlier by the Deputy Premier. same sort of mistakes as in the past." In moving an amendment to the Such as the Fred Haigh Dam, for instance! coalition's motion, the Deputy Premier Senator Hill continued— indicated all the great things that his Government is doing. He told us what a "The consequences of these progressive and development-oriented mistakes are inevitably visited upon future Government it is. I am not sure that the generations." speech which has just been delivered by the What did the members of the National Party Minister for Natural Resources was in tune with say in relation to this sensible advice? Let me that. The Minister for Natural Resources has quote again from the article— lectured the Parliament for the last five "Members of the policy-marking minutes on environmental prerogatives. The forum reacted angrily to Senator Hill's Minister has lectured the Parliament on how plea, saying scientific predictions about we should be considering all these sorts of tree clearing rates, salinity and water things and how they will provide a brake. usage did not apply to Queensland." We have heard from the Deputy Premier According to the National Party, the science and the Minister for Natural Resources about that everyone else in Australia—everyone else the Nathan dam and the Comet dam. If the in the world—uses for decisions about Minister spent a little less time swinging from sustainable development do not apply here. trees and a little more time looking at the That is the logic of those opposite. information available to him, he would Let us go back to the Western Star article. understand that an assessment can be made How did Senator Hill react? He said— on the Comet dam type of situation very quickly because it is easy to see that there is "We'll bring the best scientists from not enough water there. However, the rest of Australia. We'll bring the best economically it could be made to pay, but not scientists from the globe. But don't just without ruining the riverine environment. That dismiss it. It's been the history of this is why the decision was made. country to dismiss warnings and then to suffer the consequences." The decision on the Nathan dam was made on the same basis. When the coalition Senator Hill has obviously visited one of the was in Government we looked at the same National Party's great achievements in the sorts of facts. We found that there was South Burnett, the Fred Haigh Dam, which enough water available to be able to manage spends most of its life half empty. any sort of environmental consequences and No-one disagrees with the need for more that there was enough water to make the dam water to be made available in the Bundaberg pay economically. 12 Apr 2000 Water Storage, Burnett River 829

The Minister for Natural Resources started money to complement that process. questioning the environmental impact process Unfortunately, this Government has dropped which we went through. He said that it as the ball along the way. wrong; it was flawed. He came to Government We need to go back to the vote in this and he redid it. He came to exactly the same Parliament last year when the Opposition tried conclusion as the coalition came to in April to set a timetable. The Government provided a 1998 when we ticked it off. The Minister and misleading indication to the people of his Cabinet colleague over here, the minnow Bundaberg and the Burnett region about its from Capalaba, basically put a brake on it. It is timetable. There is no doubt that this project is possible to do environmental impact studies. It wanted by the farmers in that area to help give is possible to look at preliminary WAMP data, them some more reliability in their water as we did in the case of the Fitzroy WAMP. It supply. is possible to make decisions such as Comet and to make decisions such as Nathan. This sort of thing was laid down a long The Minister came to a similar conclusion time ago when we had the first stage of the on Nathan something like 12 or 18 months irrigation project. It stands to reason that this after the coalition had made a decision. The process is the next stage. The farmers want it, Minister went through the whole process and businesses want it, employees and the other held it up. I fear that we are seeing a situation voters in that part of the world want it. This where this Minister, in talking so much about issue is about jobs. It is about delivering to the the Comet dam and the use of science, is people of Bundaberg and the Burnett region. softening up the people of the Burnett region The other issue is the Walla Weir. There is no in order to let them down. He would try to use doubt that the Walla Weir— the Comet situation as some type of Time expired. precedent as to why he cannot advance the Paradise dam proposal or any of the other Mrs NITA CUNNINGHAM (Bundaberg— ALP) (6.30 p.m.): I rise to support the proposals on the Burnett. amendment. The need for extra water storage There is no doubt that under the Water is paramount to the future of my electorate of Infrastructure Task Force which the coalition Bundaberg. The urgency of our problem is well had in place, and on the timetable which was known by the Minister, the Premier and the laid down and accepted, this could have been Government, and planning to meet those done in five years. This Government has said needs is being afforded a very high priority. that it will do it in five years, but two years have However, this motion tonight is the same old gone. The Minister knows that he has not doom and gloom for which the member for completed the preliminary planning or even Burnett is well known. It is cheap political point the site selection. He cannot possibly do it in scoring made under privilege in this House in a another three years. It is going to cost deliberate attempt to again mislead the people something of the order of $200m. If the of Bundaberg and the Burnett and undermine Minister keeps going the way he is going with the confidence of our industry, farmers, our regard to the WAMP process, there is no way regional communities and those who are most that is going to be able to do this. vulnerable. If we consider past history, we remember Again, I say to this House that I am that all the Government members came into astounded that the Opposition would have the this Parliament in June last year and indicated hypocrisy to whinge about this Government's that things were roaring along. I think the handling of water infrastructure over its 22 Minister might have even used the Aussie months in office when for more than 25 years vernacular when he said what he would be they bungled the Bundaberg irrigation able to do in the next five years. Ten months scheme, leaving us with severe saltwater down the track we have not seen any intrusion, a scheme that is struggling, and a advancement. The people of Bundaberg and dam that will not fill. If this debate tonight is the Burnett region are really starting to worry. any indication, it appears that although This project is very much overdue. The whingeing seems to be a common trait of the Government should have carried on from the members opposite, so, too, does their Water Infrastructure Task Force process, which reluctance to let the truth get in the way of a was the first time that a Government in the good story. The facts are that the planning State had set about laying down some sort of process put in place by the coalition showed parameters in terms of assessing all of the clearly that no final decision was going to be projects, looking at what the catchments would made on a major dam on the Burnett until be able to sustain, and then setting aside the June 2001. 830 Water Storage, Burnett River 12 Apr 2000

However, when it comes to broken time it has to be done right. I will continue to promises, I can assure the member for Burnett work with the Government, the Minister, the that the people of his electorate and mine will department and the water users not just to get long remember the 20 years of hollow coalition a dam but to get a guaranteed supply, a promises before every election to build a sustainable supply and long-term water second bridge in Bundaberg—a bridge that security for our future and for the future of was never built until the Labor Government generations to come. won office in 1989. They will long remember The member for Burnett's new-found the years of promises to build a new police concerns are not for his electorate and not for station that went unfulfilled until Labor gained our future. In fact, I believe that his biggest office and the years of doing nothing about concern and that of his mates is that this our water problems, which have been evident Government is acting responsibly, making for the past 20 years. I say to this House that progress and making good decisions. Perhaps the member for Burnett, who cannot stand up what has brought this motion to the House in this House without leaning on me, has done tonight were the recent comments of one man nothing in his 14 years in this Parliament to get in the paper in Bundaberg who, in reference to this urgently needed dam in his own all the wild claims and counterclaims about the electorate, except talk—no action, just talk. His dam, stated, "The roosters will all crow, but it is outrageous claims tonight are being made with the hen that will deliver the goods." no reference to the facts and no intention of doing anything positive. Hon. T. R. COOPER (Crows Nest—NPA) (6.36 p.m.): I commend the coalition for once Negativity will not get us this dam. Putting again raising this issue of Paradise dam on the billboards up on the highway will not get us the Burnett River, because— dam. Writing press releases and moving dishonest motions in this House will not get a Mr Welford: You only raised it because dam. It takes a lot of hard work, commitment you know we are about to finalise the WAMP. and cooperation—— Mr COOPER: Not only has the Minister Mr Slack: It was a good likeness, wasn't had his go; he is constantly showing his it? ignorance. The fact is that, once again, the Minister has been shown up because he still Mrs NITA CUNNINGHAM: The member has not delivered on this dam and other water should not worry. He will never appear on a infrastructure around the State which is so billboard; he is not good looking enough. badly needed. As I said, I commend the It takes a lot of hard work, commitment coalition for continuing to raise this issue—and and cooperation from a broad cross-section of it will continue to raise it—until such time as the Government departments and the community Government starts to make some decisions. to work through the processes. That is the Government's problem. This has been only a political and cynical exercise in I take this opportunity to say thank you to delay. The Government is setting the scene for those people in Bundaberg and the Burnett more delay. That is so cruel for the farmers of who have worked so hard over a long period to that area. It is about time the Government ensure that those processes are worked started to make decisions. Then it would not through so that our problems can be resolved have to have these debates. quickly and responsibly. It is a pity that the member for Burnett is not prepared to help I must admit that I enjoy those tete-a- and it is an insult to all of those people to say tetes between the member for Burnett and the that nothing has been done in the past 10 member for Bundaberg very much indeed. I months. We all know that the member has know that the member for Burnett has a habit done nothing, but I can assure the member for of getting under the skin of the member for Burnett and other members of this House that Bundaberg. the rest of us have achieved plenty. Mr Littleproud interjected. As I said to the member for Burnett Mr COOPER: As the member for Western before Christmas in this House, "Don't you Downs said, maybe they can sort it out with worry about that water; we now have a can-do pistols at dawn. However, the member for State Government that is working for the long- Burnett is fairly quick on the draw. The term future of this State and the Bundaberg Opposition would like to see the member for electorate now has a woman on the job." Bundaberg out of the way so that we can get Although the provision of more water—more on with the job, instead of trying to be available water and a more secure system—is obstructive and stop this thing from imperative to future growth in Bundaberg, this happening. 12 Apr 2000 Water Storage, Burnett River 831

The issue of water supply and security of must improve. It is one thing to have slanging supply is paramount for water irrigation matches across the Chamber all night about it, systems. At present a reasonable system but the important thing is to start actually exists, but there must be security of supply getting in and doing some of these things and and there must be continuity of supply. The doing them in a smart way. Government should ask the irrigators—but, of Yes, of course we all recognise that course, it does not know any of these science needs to be used. but we are sick and people—about their water needs and wants. tired of the cynical excuses for not proceeding This issue does not just relate to the Paradise with these things. Once the decisions have dam in the Burnett. In a number of other areas been made and some of these things actually people have to have security of supply so that start rolling out—from the pipeline to Paradise they can maintain their productivity. That is dam and others—one thing will flow from absolutely vital. It is the sort of thing that the member could well learn. These things must another. It is not all that difficult then; they do be delivered. The Government cannot delay not have to be paid off overnight at all. Often continually. the payments can be made over a 50-year period. Another example of the need for a water supply and continuity of supply is the Time expired. Dirranbandi area. If the Minister cares to visit Mr MULHERIN (Mackay—ALP) that area he will find out what water can do. (6.42 p.m.): What we should be talking about Dirranbandi was mainly just a wool-producing in this debate is the Opposition's failure to take area. As we know, the wool industry has on real challenges for regional and rural collapsed, and it has been collapsed for some Queensland when they were in Government. time. The advent of a water supply at Unlike the coalition, this Government is facing Dirranbandi has made that place blossom. up to those challenges, working with regional Now people can go out there and see cotton and rural communities in close consultation to growing where it has never grown before—and provide a prosperous future for the many grapes, melons and every other type of fruit families who chose to live outside the south- and vegetable that one could think of. The east corner. productivity in that area now is second to none. That demonstrates clearly that such This Government has consistently things can be done and they should be done. reaffirmed its commitment to assist the I mention also the proposed dam on the communities of Bundaberg and the Burnett Flinders River in the Richmond area. That is solve their long-term water needs. We have another area that is desperately in need of accelerated planning studies in the region and development through the provision of water promoted measures to help primary producers infrastructure. It can be done. It should be improve their agricultural production. It is naive done. at best to think that dams or weirs can be built without proper planning, but we continue to The Government has continually backed hear those trying to do cheap point scoring off from making decisions. I have had talks saying, "Build, build, build." with the Deputy Premier about a pipeline from Wivenhoe Dam to Atkinsons Dam. Again, the Only last week in my seat of Mackay the people in the Buaraba area—150 irrigators— regional manager of the Chamber of desperately need that continuity of supply, Commerce and Industry, Craig Joy, was doing because Atkinsons Dam is not a reliable a Doug Slack and saying we should build supply. We have to work out ways and means Urannah dam, which was another one of the of getting that water across from Wivenhoe coalition's magic tricks: pick a site on a river Dam to Atkinsons Dam so that those people and wave the magic wand for a dam to can have continuity of supply. That does not appear. Do not worry about whether it is necessarily mean that the number of irrigators sustainable, do not worry about whether it will has to be increased; it means that those impact on the health of the river system, and irrigators should be given enough water to be do not worry about the effects on the able to do the job and to be able to maintain community; don't you worry about any of that. their productivity. That applies in St George What the member for Burnett and his and other areas as well. mates on the other side of the Chamber did It is all very well to have these irrigation when they created their wish list just before the systems; we need them desperately, but the last election was try to manipulate the apathy towards water storages and the smart electorate. The proposed Urannah dam is in use of water that we have seen in this country the Burdekin catchment; a WAMP is under for 210 years is pathetic. We can improve; we way in that catchment and the planning 832 Water Storage, Burnett River 12 Apr 2000 process will provide the long-term answers The logic members on the other side about whether it is viable. apply is just as outstanding. The member for I should also mention that a WAMP Burnett suggested the Government voted to process has been under way in the Pioneer break the Premier's election promise to catchment in my area of Mackay and will be construct a major water storage on the Burnett completed later this year. Apart from a WAMP River within five years. I have checked through process giving us the right answers, there are Hansard. I cannot see any votes like that. It is other aspects of water use we never hear the more of the same. They do not like to let the coalition mention. This includes water facts get in the way. efficiency and reuse of waste water. In It is the same story we are hearing over Mackay, another strong sugar growing area, and over again about water infrastructure. The the Government is working with council and member for Burnett must have relatives in the rural industries to look at the feasibility of using concrete industry. In the year 2000 the waste water. The Mackay City Council has community expects more of Government. expressed an interest in reusing water from the They expect decisions to be based on good Mount Bassett and Bucasia sewerage science and to be in the best interests of the treatment plants. If it is feasible, such recycling entire community, not just the ever-diminishing initiatives could have huge benefit for the mates of the National Party. entire community of Mackay. Unfortunately, all We will look after the people of we hear from members like the member for Bundaberg and Burnett. We have a member Burnett and his colleague the member for in Nita Cunningham prepared to do the hard Warwick is that we should be out there building work and who does not waste her time with infrastructure. Why? Because they are still half-truths and cheap point scoring. At least trying to gain credibility over their wish list she spends some real time in her electorate. conveniently drawn up just before the election! Everyone knows they did not do their Mr SEENEY (Callide—NPA) (6.45 p.m.): I homework then and they are still not doing rise to support the motion moved by the their homework now. member for Burnett tonight condemning this The other problem members on the other State Labor Government for its inaction in side of the Chamber are facing is their mates failing to progress the construction of the major in Canberra. What they should be doing is water storage on the Burnett River. Despite the trying this argument on Senator Hill. I hear he Premier's pre-election promise that that project is pretty interested in Queensland politics. would be completed in five years, this Government has done nothing. There can be Senator Hill seems to be having a say on no doubt that there is a critical need for water every Queensland issue at the moment. So storage infrastructure throughout the whole why do coalition members not try to get his Burnett River catchment, most of which is support? The answer is simple: they know that within the electorate of Callide. Senator Hill and the Federal coalition would laugh to hear their version of managing our The Water Infrastructure Task Force set rivers: throw in concrete, do not worry about up by the previous coalition Government the impact on fish habitats or the environment, identified a large number of potential projects just build a dam and look after their mates. throughout the catchment, including the major Do Opposition members ever stop to think storage below Gayndah at the Paradise site about the cost of water from these dams they but also including a number of smaller tributary want to build? How about this scenario: let us storages, including one on the Boyne River at forget the studies and build a dam and recover Mundubbera and on Barambah Creek. the cost of that by selling the water. What if It also identified the critical need to meet the water is so expensive that no-one, existing water shortages in the short term by including our farmers, could afford to buy it? small projects: raising the Jones Weir, raising Opposition members would probably cut the Walla Weir and raising the Bucca Weir. health services, reduce police numbers, close These small projects were about to happen. schools and make sure farmers got the water The preparatory work had been done. The at the subsidised price. Before they do that, preparatory work for the larger structures was they should give Senator Hill a ring. I hear he well under way when the Labor Government is pretty interested in National Competition came to office. When the member for Policy—making sure that if a dam is going to Bundaberg was elected on the promise of the be built it is economically and environmentally now Premier that within five years the major viable. If they would like to call him, I will storage would be completed, the processes provide his number. It is (02) 6277 7111; just put in place by the coalition Government were ask for Senator Hill. well under way to solving that problem of water 12 Apr 2000 Water Storage, Burnett River 833 shortages in the Burnett Valley. That was on the promises of the Premier and there is no almost two years ago—two years in which political will to save the political career of the nothing has happened. Absolutely no progress member for Bundaberg. For that lack of has been made towards achieving a resolution political will and for that dishonest approach, to a problem that is constraining the growth of this Parliament should condemn this the whole Burnett Valley. Government. It will certainly be condemned by The process has been hijacked by the the people of the region, whose future present Minister for Natural Resources, who depends on the developments that are being delivers volumes of political double-speak interminably delayed. every time he stands up to address this issue, The potential for further development of and tonight was no exception. We have existing agricultural industries in the Burnett listened to the Minister's rhetoric and we have has been well documented, and that potential listened to the Minister's statements, all of has been outlined many times in this which were heavily qualified. The truth is that Parliament by me and by other members on despite the Premier's promise to the people of this side of the House. It is undeniable that the the region, despite the pitiful explanations development is being constricted and offered by the member for Bundaberg and the prevented by this Government's failure to Minister for Natural Resources, Mr Welford is progress the water infrastructure projects. That determined to fulfil his extreme green agenda is undeniable, despite the rhetoric that comes by ensuring that no water storages are built on from the other side of the House. Much the Burnett River. While Mr Welford is Minister, needed industrial development is also there will be no dams—despite the rhetoric of dependent on those water supplies, as the the Deputy Premier. That is the truth behind all member for Burnett has indicated. the posturing and the play-acting that we see Bundaberg Sugar together with Multiplex in response to this issue every time it is raised are investigating a major industrial project that in this Parliament. Government members can will boost the economy of the region by $200m be sure that we will continue to raise it in this every year and provide many direct and Parliament. indirect jobs. It will bring a vibrancy to the sugar The truth is that Minister Welford and his industry and it will lead to the development of anti-everything supporters in the Labor Left a new ilmenite mine at Monto, with economic Wing are determined to stop any further water benefits to the whole Burnett region from infrastructure development. The truth is that Monto in the west to the port of Bundaberg in they have got the numbers on the Deputy the east. A major Burnett River dam is crucial Premier and they have got the numbers on to the success of this and many other the member for Bundaberg. The truth of the developments. It is time for action. It is time matter is that they have got the numbers and that something was done about the long they will ensure that these projects do not recognised problem. There have been enough proceed. excuses by— They have been successful in stopping Time expired. the small projects. They have been successful Hon. K. W. HAYWARD (Kallangur—ALP) in stopping the raising of the Jones Weir at (6.50 p.m.): Let us look at the record of the Mundubbera, which was ready to go. They Opposition. When it was in Government the have been successful in stopping all of those Opposition had its chance to solve the water small projects and they have been successful problems in regional communities throughout in delaying forever the major projects that are Queensland. What did it do? It just talked and badly needed on the Burnett River. They have talked and there was no action. When we look adopted a strategy of continual delay by at the record and the facts, we see that it did interminable study—studies that go on forever nothing. It could not do anything. Now that and studies and that are being used as an members opposite are in Opposition we hear excuse for delay. They have quite dishonestly whingeing, whining and complaining and the indicated support for these projects; but it is same sorts of negative politics and policies always qualified support within undefined that have been promoted by them ever since parameters, parameters which continually they went back to where they belong— expand to ensure the projects can never be Opposition. The same sort of negativity was acceptable. promoted this morning by the Opposition Time is proving that there is no political will Leader. Day in, day out we hear grinding in the current Government to balance the negativity. extreme views of Minister Welford and his As I said, we have to look at the facts. fellow zealots. There is no political will to deliver The member for Warrego had the opportunity 834 Electoral Amendment Bill 12 Apr 2000 to build a dam in his electorate. There was profitable. It is a visionary initiative and, uproar around St George. He knows about naturally, an initiative introduced into this place this. All of us know about it. It was the subject by a Labor Government. It is probably of a 6 o'clock motion moved by the former something that members opposite wanted to members of One Nation many months ago. I do but could not do because of vested was in the Chamber that night. I probably interests. I understand that; everybody is half defended Mr Hobbs a bit on this issue. I right and so a decision cannot be made. said—and he agreed— However, this Government is looking to the Mr Elder: I bet you are thinking twice future for all Queenslanders, not just a few about that now. mates. This initiative has the potential to increase agricultural production by $280m Mr HAYWARD: Exactly; it comes back to annually over the next four years and create get you. another 1,600 jobs in regional Queensland. He said that it was too difficult and that, if Time expired. it was able to be done in his electorate, he would have done it. The same issue applies in Question—That the amendment be respect of Mr Slack's electorate. He was also a agreed to—put; and the House divided— Minister in that Government. The fact is that AYES, 44—Attwood, Beattie, Bligh, Boyle, Braddy, nothing was done. However, now that they are Bredhauer, Briskey, Clark, E. Cunningham, back where they belong—in Opposition—they J. Cunningham, Edmond, Elder, Fenlon, Fouras, grind on with more of the same. They are Hamill, Hayward, Kaiser, Lavarch, Lucas, Mackenroth, McGrady, Mickel, Miller, Mulherin, Musgrove, playing politics and trying to grab a cheap Nelson-Carr, Nuttall, Palaszczuk, Pearce, Pitt, headline with a debate in this place about Reeves, Roberts, Robertson, Rose, Schwarten, what was or was not said about water Spence, Struthers, Turner, Welford, Wellington, infrastructure in the Bundaberg region. Wells, Wilson. Tellers: Sullivan, Purcell Tonight is an opportunity for this side of NOES, 38—Beanland, Black, Borbidge, Connor, the House to demonstrate to the Opposition Cooper, Dalgleish, Davidson, Elliott, Feldman, Gamin, that it needs to get its facts right. This Goss, Grice, Hobbs, Horan, Johnson, Kingston, Government is pushing ahead with water Knuth, Laming, Lingard, Littleproud, Malone, Mitchell, studies in the Bundaberg and Burnett regions Nelson, Paff, Pratt, Prenzler, Quinn, Santoro, Seeney, Sheldon, Simpson, Slack, Springborg, to ensure there are long-term but, most Stephan, Veivers, Watson. Tellers: Baumann, importantly, sustainable solutions for those Hegarty communities. Tonight we have heard about Resolved in the affirmative. dams that are half full. We all heard that the salinity levels mean that people cannot use Question—That the motion, as amended, the water. We did not hear anybody opposite be agreed to—put; and the House divided— say, "That is not right. That is wrong." AYES, 45—Attwood, Beattie, Bligh, Boyle, Braddy, Straightaway, that demonstrates the mistakes Bredhauer, Briskey, Clark, E. Cunningham, that were made in the past and why it is J. Cunningham, Edmond, Elder, Fenlon, Fouras, important that we get it right now. That is what Hamill, Hayward, Kaiser, Lavarch, Lucas, Mackenroth, this Government is doing. It is meeting the McGrady, Mickel, Miller, Mulherin, Musgrove, Nelson-Carr, Nuttall, Palaszczuk, Pearce, Pitt, Pratt, challenge of supporting regional water needs Reeves, Roberts, Robertson, Rose, Schwarten, in an environmentally and, very importantly, Spence, Struthers, Turner, Welford, Wellington, economically sustainable way. Wells, Wilson. Tellers: Sullivan, Purcell In partnership with our rural industries we NOES, 37—Beanland, Black, Borbidge, Connor, can continue to take on those challenges in Cooper, Dalgleish, Davidson, Elliott, Feldman, Gamin, resource management—challenges which the Goss, Grice, Hobbs, Horan, Johnson, Kingston, previous Borbidge Government could not Knuth, Laming, Lingard, Littleproud, Malone, Mitchell, meet. Mr Hobbs went through this in his Nelson, Paff, Prenzler, Quinn, Santoro, Seeney, electorate. They had to deal with various Sheldon, Simpson, Slack, Springborg, Stephan, Veivers, Watson. Tellers: Baumann, Hegarty vested interests. Everybody was half right and that made it very difficult for him, as the Resolved in the affirmative. responsible Minister, to make a decision. In Sitting suspended from 7.06 p.m. to the end he could not do it, even though it was 8.30 p.m. about making a decision to increase the water supply in his electorate. ELECTORAL AMENDMENT BILL Recently, this Government introduced the Rural Water Use Efficiency initiative, which will Second Reading provide $41m to our primary producers over Resumed from 1 December 1999 (see four years to help them become more p. 5782). 12 Apr 2000 Electoral Amendment Bill 835

Mr KNUTH (Burdekin—CCAQ) (8.30 p.m.): that any member of this House could justify An article by a anonymous journalist appeared voting against this Bill. in today's Courier-Mail in relation to this We have seen first-hand the deceitful legislation. We have not been able to identify behaviour of other parties in their desperate the journalist, but we can deduce with some bid for power. Probably the most glaring certainty that, if he or she went to school, that example was the disgraceful performance of schooling occurred when a Labor Government the Labor Party in the seat of Mansfield during was in power. That is obvious from the the last election campaign. But there are evidence of the poor literacy skills and the others, including Ipswich, where the tactics abject lack of powers of comprehension used were of an ethical standard far below that displayed in the article. which might be expected of aspiring political The journalist trumpets the contention representatives of the people. In fact, the that the Legal, Constitutional and tactics I have referred to amount to contempt Administrative Review Committee has of the community. "thwarted" the legislation by considering it was not good enough for the Parliament. I hope CCAQ holds firmly to the principle of fair that this journalist, acknowledging his or her play. We do not believe that any legislation literacy shortcomings, will be able to get a should contain so many opportunities to more learned colleague to read Hansard to deceive the community as is presently the him or her in the morning. He or she would case under the Electoral Act 1992. It is our then learn that this Bill has already been considered opinion that legislation in relation to before the Parliament and, in common with such an important and fundamental right as almost every other piece of legislation that is the right to vote should be framed in such a debated in this place, has been subject to way that a citizen should be allowed to vote for suggestions from the Legal, Constitutional and the representative of his or her choice without Administrative Review Committee in regard to the prospect of being coerced or deceived. In alterations, amendments, additions and a way it is a tragedy that there is any need to deletions. Some of these we have addressed; build in such strict safeguards. The ethical some we will refute. standard of political parties and aspiring politicians should be so unquestionable as to Further evidence that this journalist is a negate the need for enshrining such product of Labor's illiteracy curriculum is the safeguards in legislation. Sadly, the reverse is fact that, in common with our Honourable true. Recent history has proved that, as Premier and many of his ministerial unpalatable as it may be, the need exists and colleagues, he or she has extreme difficulty in this Bill will ensure that the voters of writing or pronouncing the words "City Country Queensland are protected from the unethical Alliance". In common with the Premier, this behaviour of some parties. unanimous journalist just cannot seem to get his tongue around "CCAQ", preferring instead The Legal, Constitutional and to live in the past and discuss "former One Administrative Review Committee has made Nation members". I do not know about the several recommendations. We agree with potential of the journalist to learn, but some of them and we have addressed some considering the fact that it has taken the Labor concerns by way of amendments, which have Party 18 months to be able to say "One been circulated and which will be moved at the Nation", I suppose it is a bit too much to Committee stage. I will run through some of expect them to learn three whole new words in the committee's recommendations and the space of just two weeks. But they have CCAQ's response to them and I will leave one plenty of time to practise. "City Country of my colleagues to complete this task. Alliance" will be on the tip of their tongues for Recommendation 1 involved a number of many years in the future. issues. The committee believed that truth in As honourable members would know, political advertising provisions should relate contrary to the opinion of this anonymous only to how-to-vote cards, unlike our Bill which journalist, the Legal, Constitutional and relates to all political advertising material. We Administrative Review Committee cannot have chosen to retain the provisions in our Bill thwart legislation. The only body which can that refer to all electoral advertisements and thwart legislation is this Parliament. If members have chosen to retain a separate section of this Parliament do decide to thwart this relating to how-to-vote cards to ensure that legislation, they will be doing so purely to there is no doubt that they, too, are covered protect their war chest of dirty tricks. The dread by truth in political advertising provisions. We of being made to play fairly is the only reason will not be moving amendments to exclude 836 Electoral Amendment Bill 12 Apr 2000 other political material from the truth in recommended amendments at a later date. advertising provisions. The wheels of bureaucracy turn slowly and we Why should it be illegal to mislead the would shudder at the thought that the next public with how-to-vote cards but not illegal to State election might be fought without the mislead them with other forms of electoral benefit of these provisions to protect advertisements throughout the election Queenslanders from the self-seeking, deceitful campaign? In the past the Legal, actions of prospective members of Parliament. Constitutional and Administrative Review I add here that we do not remove the Committee has recommended that legislation requirement for the identification of the printer be introduced to apply truth in political to be included on election material. We concur advertising provisions to electoral matter in with the committee in this regard and believe Queensland and recommended that it be in a that the other amendments that this Bill makes to the Electoral Act 1992 will be sufficient for form similar to the South Australian provisions. accountability purposes. CCA concurs with this recommendation and will propose to alter the wording of our LCARC's recommendation 1 at page 14 legislation to that of the South Australian of the report asks several questions in relation legislation, which has been tested and proven to the wording and the legal ramifications of at law and does work. the general truth in political advertising provision. Members will see that our proposed There should be no arguments as to the amendments to this Bill will satisfy the majority validity of the provisions when amended. The of the committee's concerns. The wording is committee discussed, as did other members of now that of the South Australian legislation, as the House during the last debate on this Bill, are the defence provisions. However, we that extending truth in political advertising intend to maintain the high maximum provisions to cover all electoral matter could penalties and believe that they are entirely curtail freedom of speech or cause problems in appropriate to ensure compliance with these separating opinion from truth. We totally refute provisions. these arguments and suggest that members making these claims are providing I have already touched on committee smokescreens to hide behind due to their recommendation 2. The committee dishonest intentions. There is a vast difference recommends their own provision as suggested between what is opinion and what is known in their Mansfield decision report of September truth or fact. In no way will the wording—the last year. As I have already stated, we have South Australian wording—be misinterpreted taken into consideration the differences to limit freedom of speech or argument and between our proposed provision and the opinion during the robust democratic elections. committee's recommendation and have made appropriate amendments that concur with the LCARC recommends that truth in political committee's reasoning. The committee advertising provisions should apply only to the questions, however, the necessity of section distribution of how-to-vote cards, not to the 163B in light of section 161. Although we printing and broadcasting of them as well, as intend to amend them, both of these sections our Bill provides. Again we maintain the will still exist in our Bill. We do not see them as provisions that cover these other aspects of doubling up, as our intention with this publication as we feel that limiting them to legislation was to ensure that truth in political merely distribution limits the effects of the Bill advertising provisions apply to all electoral and detracts from the purpose of the matters during the course of an election legislation. Again, why should it be illegal to campaign and that how-to-vote cards were distribute inaccurate or misleading information specifically included in these provisions. To but not illegal to publish it in other forms? remove all doubt, we maintain that a separate The remainder of recommendation 1 provision is required. Hence, we intend to refers to LCARC's suggested section 161, retain proposed section 163B. which the committee prefers to the Bill's I will let my colleagues speak to other current provisions. We have taken on board issues arising from LCARC's report. I extend many of LCARC's reasons for its thanks to the committee for their input into recommendation and, in fact, we will be such important legislation as the City Country moving amendments in Committee to import Alliance Electoral Amendment Bill 1999. When the majority of the wording from LCARC's this House divides on this Bill, siding with us will recommended section 161. We do not, be those members who believe in integrity, however, concur with its belief that our accountability and fair play. On the other side provision should be ignored in favour of the will be those members who would sacrifice Attorney-General's promises to effect its their integrity in their bid for perceived power. 12 Apr 2000 Electoral Amendment Bill 837

On the other side will be those members who would also be penalised. Perhaps Mike Kaiser hold in contempt the voters of their would have been penalised had this legislation electorates. been in force at election time. Mr PAFF (Ipswich West—CCAQ) It would be difficult not to assume that the (8.41 p.m.): The City Country Alliance's direction for candidates to distribute the false Electoral Amendment Bill was widely how-to-vote cards or the design of these cards researched. Various reports, court judgments, came from higher positions within the party rafts of recommendations from different organisation, or that at least the executives of committees, examination of other legislation the party were aware of the deceptive cards so and discussion with members of the public that the candidate does not become a have all played their part in the formulation of scapegoat for the party. This legislation holds this Bill which reflects an overwhelming public the party responsible also. The Bill provides desire for truth in political advertising. The reasonable defences, that is, "if the officer was South Australian legislation, amended in 1996 in a position to influence the conduct of the to improve the truth in political advertising party in relation to the offence" and "the officer provisions of its Electoral Act, is obviously exercised reasonable diligence to ensure the looked upon as quality legislation and party complied with the provision" or if "the successful legislation. City Country Alliance's officer was not in a position to influence the Electoral Amendment Bill is modelled on the conduct of the party in relation to the offence". South Australian truth in political advertising provisions. This Bill puts a legal obligation upon executives of political parties to ensure that the The South Australian legislation party complies with truth in advertising incorporated how-to-vote cards in truth in provisions. It also increases the penalties for advertising provisions and strengthened the failing to abide by these provisions. The requirements for identification of the author of individual penalty is increased from 20 penalty election matter on all advertising. This ensures units, or an equivalent dollar value of $1,500, that it is easily known to the electors exactly to 40 penalty units, or $3,000. The penalty in whose advertising it is. City Country Alliance's the case of a corporation is increased from 85 Bill also makes these improvements. However, penalty units to 400 penalty units, a large we go further and include executive officers of increase from approximately $6,000 to political parties in the dictionary to provide a $30,000. I am sure that political organisations special clause to ensure that a real deterrent is such as the major parties in this State would assured by this legislation. The Legal, find $6,000 to be of little threat to them and Constitutional and Administrative Review little deterrent. Committee report No. 20 on CCAQ's Electoral Amendment Bill had specific problems with In the number of cases in the last State regard to this extension of liability to executive election where false how-to-vote cards were officers of political parties. Their used, only one of those cases ended up in the recommendation 3 is that the Parliament not Court of Disputed Returns. Only one got adopt the Bill's proposed section 163C. Whilst caught. The risk of paying the penalty—and we can see some truth in the arguments put such a small penalty—provides no deterrent to forward by the committee, we maintain that a party the size of the major parties in this these provisions are necessary to ensure State. On the other hand, $30,000 is a compliance with the Act. reasonable figure for a corporation that breaches these truth in advertising provisions. The Bill defines an executive officer of a Regardless of the comments and concerns of political party as a— the Scrutiny of Legislation Committee and "... person who is concerned with, or takes LCARC, no other options for capturing the true part in, the party's management, whether culprits of inaccurate and misleading or not the person is a director or manager advertising have yet been proposed. or the person's position is given the name No options have been put forward as to of executive officer." how one overcomes the fact that the majority In the case of Carroll and the Electoral of political organisations would not be covered Commission of Queensland and Reeves, had by the corporation penalties because of their the judge found the distribution of the false structures as unincorporated bodies. As no how-to-vote cards to be fraudulent, the other options have been suggested as to how member for Mansfield would not be the only to amend this loophole, considering the one penalised for those actions. Members importance of these provisions of ensuring within his organisation who authorised truth in political advertising and considering the anything that contravened these provisions defence provisions detailed in our Bill, we 838 Electoral Amendment Bill 12 Apr 2000 maintain proposed section 163C with no such behaviour only at the very moment the amendments. This is not an over-the-top elector is casting his or her vote. clause. This is a necessary clause to ensure The wording of existing legislation is that the public is protected against deceitful completely insufficient, hence the call for more actions by politicians vying for votes. I am sure comprehensive legislation such as that in that no honest political organisation would place in South Australia. Again, this Bill oppose the inclusion of this clause in the Bill. I achieves this. City Country Alliance has dealt know the public would certainly not oppose it. with and responded to all concerns of the Again, party responses to this Bill will give the Scrutiny of Legislation Committee and the people of Queensland a clear indication of Legal, Constitutional and Administrative what that organisation stands for. Review Committee. On some issues, of City Country Alliance's Electoral course, we did not agree with their findings or Amendment Bill contains a provision allowing recommendations. We do not agree because voluntary lodgment of how-to-vote cards with we believe that this legislation needs to be the Electoral Commission by close of business tough and comprehensive. of the day before the election. The cards were The electoral process is important in a intended to provide a safeguard for candidates democratic nation. Elections, from the and voters should a contentious issue arise announcement of the date to the conclusion and to aid in deterring misleading and of the counts, should be conducted with the deceptive behaviour. LCARC recommended utmost integrity and security. The current that these provisions not be adopted for Electoral Act does not provide this security. various reasons. Some we concur with; others There is much room for improvement. One of we do not. On the whole, however, we believe those areas is truth in political advertising, in that the committee's comments in relation to relation to which changes are long overdue. the effectiveness of these provisions and the City Country Alliance's Electoral Amendment ability for them to achieve what we actually Bill makes the changes necessary to shore up intended them to achieve are noteworthy. As these provisions, to provide more conclusive such, we will be moving to omit all provisions in and broad covering legislation, to provide a relation to the voluntary lodgment of how-to- deterrent, to increase the penalties and to vote cards with the Electoral Commission. provide more security for the people of The committee's recommendation 5, Queensland. The people of Queensland although also noteworthy and important, is deserve this legislation. In the interests of fair beyond the scope of our abilities to legislate and democratic elections and in the interests for in such a short time, considering the of the people of Queensland, I commend this LCARC's report was tabled only yesterday. We Bill to the House. would of course support future legislation to Mrs LIZ CUNNINGHAM (Gladstone—IND) introduce truth in political advertising provisions (8.53 p.m.): The intention of the Electoral to the Local Government Act and the Amendment Bill is to amend the Electoral Act Referendums Act—that is if it, too, is not left 1992 to provide truth in political advertising by up to City Country Alliance to implement. preventing, as far as possible, the production We are all aware of the reasons behind and distribution of false or misleading political the urgency for and necessity of truth in advertising material. In part, it is intended to political advertising provisions. Apart from extend the existing provisions requiring the South Australia, other jurisdictions have authoriser's name and address to be stated on legislation that makes it an offence to mislead electoral material, to create a general ban on an elector in relation to the casting of his or her false or misleading electoral advertisements vote. The problem with this legislation, though, during election campaigns and to create a is illustrated by the case of Evans v. Crichton- specific ban on false or misleading how-to-vote Browne, where the High Court determined that cards. It also imposes some punitive measures the words "in relation to the casting of his or on executive officers of political parties who her vote" in section 161(e) of the contravene those rules. Commonwealth Electoral Act were limited to From speaking with people in the "the act of recording or expressing the political community I would say that, almost without judgment which the elector has made rather exception, they support the ideal that than to the formation of that judgment". statements made in the run-up to an election, Provisions such as this are insufficient to particularly printed material distributed on the ensure truth in political advertising. Technically, day of the election, should be accurate. I think they allow misleading or deceptive behaviour many of us in this Chamber have had bogus throughout the election campaign, prohibiting how-to-vote cards circulated in our electorates 12 Apr 2000 Electoral Amendment Bill 839 on the day of an election. Many people do not "The Committee recommends that look closely at the small print or do not look truth in political advertising legislation be closely at the logic of the card and they are introduced in Queensland." misled by the information that is presented to I am heartened by that recommendation. I am them. It is presented in a very plausible heartened by the fact that people who manner. I believe that many of those who consider these issues—perhaps not currently, found out subsequent to an election that a but at least in some former committees—have card was misleading and false were offended recognised that there is a practical opportunity by the fact that they were not advised at least for legislation to be introduced. The in some measure that the card was not what it disappointing thing is that it is even necessary purported to be. to be considered, but the last two or three The Electoral Act makes it an offence to election campaigns have shown that not only distribute or broadcast anything that is does the distribution of misleading information intended or likely to mislead an elector in occur; it occurs quite intentionally. relation to their way of voting at an election. The LCARC's recommendations in regard Many people would interpret that as covering to this Bill are that the Parliament not adopt most circumstances that would lead to the Bill's proposed new section 161. It information being presented in a false or subsequently recommends that we not adopt misleading way. However, the LCARC report proposed new section 163 but rather await the indicates that the High Court has interpreted introduction of legislation giving effect to the the words "in relation to the casting of a vote" committee's proposed sections 161 and 163 in the equivalent misleading voter's prohibition as recommended in its Mansfield report. That in the Commonwealth Electoral Act as report has been out for some time. I know that preventing voters being misled only in respect the Minister has already commented on this of the act of recording or expressing the Bill, but it is important for us to know when that political judgment the elector has made, rather legislation is intended to be introduced in this than in the formation of that judgment. So the Chamber. High Court has targeted the actual act of We in Queensland do not enjoy fixed voting and not the formation of the opinion terms as local government does. Although the that voters will express on their ballot papers. Premier has made numerous statements that So in the run-up to an election, or indeed on he intends to complete the full term, historically the day of the election, quite mischievous elections are called, in Queensland and in information can be circulated without any other States, opportunistically. So we are recourse. unsure whether there will be time for that legislation to be introduced, debated and I also note in the LCARC report that the subsequently passed. This piece of legislation Australian Electoral Commission has on a before us tonight, with some necessary number of occasions opposed the introduction amendments, gives us an opportunity to of a law to regulate truth in political advertising. introduce truth in how-to-vote cards now. I It has done so for the past decade. I am sure believe that is an opportunity we should grasp. that it would have very good reasons for that opposition. However, I reiterate that, almost This is not a perfect Bill. The previous without exception, people in the community speaker, a member of the City Country say that they should be able to rely on the Alliance, has already indicated that it is information that is handed to them, that they intended to move some amendments. should be able to trust the printed word they However, I believe that this Chamber now has are given as they enter their polling area. an opportunity to follow up with statements LCARC in 1996 said— about our support for truth in political advertising and to support this Bill in an "The Committee is of the opinion that amended form. I believe that we should adopt matters concerning political advertising the committee's fifth recommendation to are not too vague or controversial to be amend the Local Government Act 1993 and the subject of legislation. The Committee the Referendums Act 1997 to reflect those believes that there is insufficient changes. However, it is my intention, because difference between political advertising of the spirit of the Bill and the will of the people and commercial advertising so as to in this community who wish to be able to trust prevent legislating in respect of the the electoral material that they receive in the former." run-up to an election and on the day of an election, to support this Bill, with some It went on— amendments. 840 Electoral Amendment Bill 12 Apr 2000

Mr FENLON (Greenslopes—ALP) hypocrites! Those members come into this (9 p.m.): Having been chair of the Legal, Chamber and express such a high principle Constitutional and Administrative Review and attempt to put it into legislation. It is a very Committee which has reported to the high principle. Everyone in this Chamber Parliament in relation to the Electoral should accept the principle of truth in political Amendment Bill, it is a pleasure to enter this advertising. It is a motherhood principle. debate tonight. However, it is something which is The people in the far corner of the extremely difficult to implement. That is exactly Chamber, who are former members of the what LCARC has found. This matter was One Nation Party, have demonstrated considered by the previous Legal, absolute cheek in coming in here and Constitutional and Administrative Review pontificating morality in the form of truth in Committee. The majority of that committee advertising when they are former members of found that it was a desirable principle to a party which has been convicted of electoral pursue. The minority of the committee agreed fraud in Queensland. They have a record in that it was desirable but found that it was the public domain of standing for election as practically impossible to implement. The members of a party which campaigned on previous coalition Government was not able to sound principles of electoral practice. Those tackle this matter legislatively. The coalition members come into this Chamber with a had every opportunity to do something about it pretence of moral principles. before the 1998 election. Why was it not Mr Hamill: What's more, they are the done? ones who got the money. Mr Briskey: It couldn't be done. Mr FENLON: Yes, they have the money. Mr FENLON: That is correct; it could not What are they doing with the money? Where be done. It is a very hard thing to put into is the moral responsibility? practice. What are the alternatives? We can Mr Hamill: The fiscal responsibility. continue to amend various parts of our electoral legislation, as LCARC has Mr FENLON: Where is the fiscal recommended in report No. 19 on the inquiry responsibility for the electoral fraud? I am sure into the election for the seat of Mansfield. The the Treasurer has a vested interest here. I am committee recommended various changes to sure he would like to see that money come the Electoral Act in an attempt to improve the back. regulations in relation to how-to-vote cards. Mr Hamill: Just a fiscal interest. That is a worthwhile reform, but it is very Mr FENLON: Yes. I am pleased to see difficult to implement. It is difficult to legislate the Treasurer maintain that interest. as to what should be contained in how-to-vote cards. Mr Hamill: Half a million. In my foreword to the report I said this— Mr FENLON: Yes. We are not merely considering electoral fraud in this instance. "While there are particular legislative What we have here is fundamental political devices that may be put in place to fraud because they are former members of a minimise the prospect of voters being party which held itself out, prior to the previous misled, there are real limits to which this election, as the good old Right Wing, tub- can be realistically achieved without thumping party which was going to come in creating a substantive change to our here and put a new face on Queensland liberal democratic system of politics. What happened? They turned into the Government." pussycats in the back corner. Those members That is really at the heart of this matter. What really need to return to the Pauline Hanson will we be left with if we start tampering with our finishing school to learn what they should have freedom of speech? Who is going to be the been doing in this place in terms of arbiter of what is truth at that most critical maintaining those good old Right Wing time? principles. Where has the racism gone? Mr Dalgleish: It's the people. Mr Hamill: The pussy cats got the cream. Mr FENLON: The real arbiters in a Mr FENLON: The pussy cats got all the democratic process are, indeed, the people. cream. They received half a million dollars This is not a matter for the courts. Ultimately, it worth of cream, but they have lost all their has to come back to the people to make the principles. Where is the truth? There is only decision. That is how our liberal democratic one principle that those members have left, system of Government works. We can go a and that is truth in political advertising. What certain distance in attempting to ensure that 12 Apr 2000 Electoral Amendment Bill 841 how-to-vote cards are reliable, but beyond that So I urge honourable members to join me what do we regulate? Do we regulate what in rejecting this Bill. It is not going to achieve people say on the street corner? Do we anything. We must in the future, in a bipartisan regulate what people publish in their manner, continue to be vigilant about our newsletters? Do we regulate what people say electoral laws and continue to reform our to each other over the telephone? How far do electoral laws where necessary. I believe that we go? Where do we stop? Where does Big those reforms arising out of the Mansfield Brother stop? decision are indeed good reforms. As I recall, Do our friends who were former One the Attorney-General has already responded Nation Party members have another agenda? positively to them in terms of undertaking to I am looking for conspiracies here. I thought bring legislation to this Parliament. They will be those members in the corner of the Chamber sound reforms. However, something that is as might be able to help me. radical as this Bill, as wide sweeping as this Bill, that basically changes the fundamental Our present system is premised upon the tenets of our system, has to be rejected. It has capacity of individual participants and to be rejected not only out of its impracticality institutions to engage in robust debate. That is but also out of principle. So I urge honourable exactly what we do in this place. In this place members to reject this Bill. we test ideas, ideals, policies and practices. Robust debate is the hallmark of our liberal Mr KAISER (Woodridge—ALP) democratic system. That is what our system is (9.12 p.m.): While the member for all about. Our system is about being able to Greenslopes was speaking, members on the test ideas. That is at the foundation of our grassy knoll were protesting that their party's system. name was now the CCA, the City Country Where does it all end if we start tinkering Alliance, and no longer the One Nation Party. at the edges? If we do that our system will be Mr Hamill: They haven't given the money fundamentally changed. Within our liberal back. democratic system it is desirable that the most fundamental ingredients are put in place. We Mr KAISER: No, they have not. I will get have the fundamental ingredient of trust in the to that. Well may they protest that they are no integrity of the people participating in the longer the One Nation Party. Why are they system. What are we left with if we do not doing that? Because recently the One Nation have such trust? Party, the party to which all of those members belonged, was found guilty of electoral fraud. That value must be instilled in our system. How can those members come into this place On the other hand, we must have trust and and argue about truth in politics when their integrity as well as skills of critical analysis and party was found guilty of electoral fraud? They judgment in the wider society. Obviously, the had to change their name to try to escape that people have shown that they are more than stench. I assure those members that a simple capable of doing that, because they saw name change is not going to fool those exactly what those members in the back Queenslanders who put their faith in them corner were capable of and what they really and, ever since they have come into this represented, and they rejected them outright place, have seen them ignore their issues. at the most recent election. That demonstrates Those members become completely irrelevant what people's capacity to analyse what those to those people's needs and concerns. The members are about is really capable of reason they have become irrelevant is that producing. they never had any clue about what the Within this place, we are able to test people were on about in the first place. The those ideas. I know that often the public find it members were good at expressing people's very hard to appreciate and understand why at concerns, but they had none of the answers. times the debate in this place is so robust. Because the One Nation Party became so They find it hard to understand that, during disgraced, those members are trying to debates, there is rougher than usual handling change their name to try to remove of other members. However, in this place we themselves from the stench of the One Nation can use any device—dramatic irony, Party. hyperbole, satire, metaphor, sarcasm, and occasionally our friends in the back corner Mr Dalgleish: Why don't you talk about the Bill. even use the pun. In this place we can apply the verbal side headlock. That is exactly what Mr KAISER: I will get to the Bill. What I has to be instilled and encouraged in the wider am saying is about the Bill. I am talking about community. truth in politics, and there has not been much 842 Electoral Amendment Bill 12 Apr 2000 from the members of the One Nation Party, or words had changed to, "About half a dozen, whatever they call themselves now. certainly less than six." Then his words I remind people that Labor actually won became, "Oh, well, about a dozen." Then the Mansfield case despite the fact, as the finally, through a leak from One Nation's member for Gladstone outlined, there are printer, we found out that One Nation, as part already provisions in the Electoral Act that of the grubby, unprincipled, untruthful political cover misleading behaviour and misleading deal that it did, was distributing preferences to material. Despite all of that, Labor won the the coalition in excess of 20 seats. Here is the Mansfield case because the judge found that evidence of a deal: despite One Nation's the material we distributed in Mansfield on professed political independence and polling day was not misleading. It was not innocence, it did not direct preferences to even a how-to-vote card. This legislation would Labor in a single seat, yet in excess of 20 not even cover that piece of material, because seats One Nation distributed preferences to Labor's second preference cards are not how- the coalition. to-vote cards; they are simply pieces of We could not get that information out of literature urging people to direct their second David Oldfield. Do the members remember preference in a particular way. Just like in the David Oldfield? He was the character who was Woodridge by-election campaign, Labor brought in to give them political training as distributed a piece of literature urging people members of Parliament. David Oldfield came not to distribute preferences at all. It is a piece in here and ran the seminar for them to teach of literature; it is not a how-to-vote card. them how to be politicians. Do the members I remind honourable members as to why remember that? That was the character, David Labor decided to distribute second preference Oldfield. He is the bloke at the heart of this cards in the 1998 State election campaign. fraud case. The reason was the unprincipled, untruthful, Mr Dalgleish: Is he? deceitful deal that the One Nation Party did Mr KAISER: Yes, in fact he is. If the with the member for Clayfield to exchange members look at the evidence of that case, preferences with the Liberal Party. That is why they would see that at one stage the character we distributed a second preference card—to who was entering the membership data into protect ourselves from that unprincipled, the database said to Mr Oldfield, "Listen, what untruthful, deceitful deal that these characters we are doing here could potentially be opposite did with the member for Clayfield. If members need any evidence at all that the fraudulent, could potentially be untruthful, because these people are not members of the deal was done, then they should consider for a One Nation Party." The evidence in the case moment the fact that in the 1998 election the suggests that David Oldfield turned to the member for Clayfield was the only Liberal character who was entering the data and said, candidate who did not have a One Nation "Don't worry about that, we have to only get it candidate stand against them. There is the past a bunch of bureaucrats in the Electoral evidence of the unprincipled, untruthful deal Office. So don't worry about it." One Nation that the One Nation members engaged in, knowingly defrauded the people of which required the Labor Party to protect itself, Queensland. It knowingly perpetrated a fraud. its candidates and its members by distributing Yet these members have the hide to come in a piece of literature on polling day urging here and talk about truth in politics and truth in people to direct a preference to us. political advertising. During the 1998 State election campaign, Mr FELDMAN: I rise to a point of order. Labor tried to get information via the media The speaker is misleading the House. He has out of the One Nation Party as to where it his Davids mixed up. would be directing its preferences. The One Nation members come into this place and talk Madam DEPUTY SPEAKER (Ms Nelson- about making how-to-vote cards available on Carr): There is no point of order. public display. We could not get information Mr KAISER: No, the member should read from them—from David Oldfield or anyone the evidence of the case. It was David Oldfield. else—as to where One Nation would be directing preferences and to whom. In fact, Madam DEPUTY SPEAKER: Order! when Labor pressured David Oldfield over the Would the members be quiet and let the days and weeks of the 1998 State campaign, member for Woodridge continue. at first we were told publicly by David Oldfield Mr KAISER: As I was saying, these that One Nation would be directing second preference cards are pieces of preferences to the Liberals or to the coalition in literature. They would not even be covered by only two seats. Within days, David Oldfield's the legislation that the members are 12 Apr 2000 Electoral Amendment Bill 843 proposing. Of course, as the member for Mr FELDMAN (Caboolture—CCAQ) Greenslopes said, politics is about opinions. (9.22 p.m.), in reply: It is with pleasure that I The members' opinions differ from mine. My rise to speak in support the Bill. I think the opinions differ from those opposite. member for Greenslopes referred to people The great arbiter of whose opinion is right pontificating in the Parliament with respect to and wrong in politics is the people. Candidates fraud. The only ones pontificating here tonight ought to be able to put forward their opinions; are, in fact, the Labor Party. It is the only party they ought to be able to put forward pleas for in Queensland that has actually been charged second preferences; they ought to be able to with electoral fraud. Some 50-odd charges put forward the suggestion that people do not were originally laid in Thuringowa back in 1998. direct preferences at all without having this I think they described it as a relatively kind of nonsensical legislation hindering what unimportant internal Labor Party ballot at that they can and cannot say in an election. The time. There is possibly more to come, Madam CCAQ is treating the people of Queensland as Deputy Speaker, as the member for Burdekin idiots. They are diminishing their intelligence by said. The member for Woodridge has spoken this piece of legislation. They are suggesting in the debate. He was the author of the that they cannot decide for themselves what infamous orange card that was distributed they agree with and what they do not agree around the State with the intention of with. misleading voters. He uttered the words that it I just remind them again that we won the was intended to mislead the public of Mansfield case. We won the case in Mansfield Queensland so that they actually voted for because the piece of literature was not someone other than the person for whom they misleading. I might say the Liberals and the originally intended to vote. Nationals have tried for years to get injunctions Mr KAISER: I rise on a point of order. The on polling day over Labor's second preference statement made by the honourable member is material and they have never succeeded. In untrue. I find it offensive and I ask for it to be fact, the Liberals tried for years and then withdrawn. decided after a while that they would match Madam DEPUTY SPEAKER: Order! Will us. So they started putting out second the honourable member withdraw? preference material. We have never taken them to court on polling day because we Mr FELDMAN: Under the Standing Orders recognise that it is not unreasonable for I will withdraw, especially when someone is so political parties or candidates or Independents sensitive, particularly when I had to listen to to put forward an opinion or to put forward a the tripe that was dished out over there. plea for second preferences. The CCAQ Turning to the Bill, the City Country should not come in here and preach truth in Alliance's Electoral Amendment Bill is one that politics or truth in advertising when it has we are extremely proud to introduce to this changed its name to try to get away from the House. We are proud to do so on behalf of all stench of their former party that is involved in Australians who actually voted for us and fraud. They have been the beneficiaries of that supported us and we are fulfilling our promise fraud because the money was distributed to to them. We are proud to do so on behalf of them. I do not see any of them clamouring to all the candidates who felt the injustice of the give the money back. electoral system through the deception Mr Paff: Our own money. practised by others. We are proud to do so on behalf of all the Queenslanders who believed Mr KAISER: I do not see any of them in what was right, in what was honest and in clamouring to give the money back either to what was fair, and we tire of being deceived by Pauline Hanson or to the Electoral people who stand up in this place and Commission. They have pocketed the dough pontificate, even though they are people that they earned out of fraudulent activity, as whom the general public could respect if they was found by the Supreme Court of did the right thing. Queensland. The introduction of this Bill also saddens Dr PRENZLER: I rise to a point of order. us. It saddens us, but we honoured our The member is misleading the House. We commitment. My colleagues have already have offered the money back to the Electoral referred to the number of reports on the issue Commission. He might not know that. that have been presented and the number of Madam DEPUTY SPEAKER (Ms Nelson- times it has been mentioned in Parliament, Carr): Order! That is not a point of order. promised by politicians and referred to in legal Mr KAISER: I think I am finished, Madam judgments. Yes, we heard of the coalition's Deputy Speaker. attempt to improve the truth in political 844 Electoral Amendment Bill 12 Apr 2000 advertising provisions, but then we saw their South Australian legislation but indeed inaction when they were in Government. The improves upon it in some respects. We have fact of the matter is that it took over 400,000 also now heard the latest Legal Constitutional Queenslanders to say that, "We have had and Administrative Review Committee report enough", before a party came into this House No. 20 of April 2000 and their analysis and to represent them and to introduce this recommendations specifically relating to this legislation. Bill. We have heard from two members From the evidence outlined by my City opposite how difficult it is to say "City Country Country Alliance colleagues throughout this Alliance"—and I think I heard the word debate, there is no valid reason why the "protection" used by members opposite. I think sentiment of this Bill should not receive the that it is a matter of their being a little scared to support of both Labor and the coalition. This say the words "City Country Alliance Bill provides a strong deterrent against Queensland". We hear how difficult it is for misleading and deceiving electoral advertising. both sides of the Parliament,but particularly It provides increased penalties for those who the Labor Party, to say it. We have heard breach the Bill's provisions and it catches them stammer, we have heard them stutter executive officers of political organisations and we have seen them choke on the very should they have played a role in that words. I think that it is very, very sad that they deception of the public. These issues were all are indeed that scared that a party that will test broached in the Legal Constitutional and their mettle in their own electorates is again Administrative Review Committee's latest rising. report and in response to them we have drawn We have read in Hansard the Labor up a number of amendments that we will Party's complaint about the failure of the move at the Committee stage, should we coalition Government to act upon its promise reach that point. and we have heard the coalition make the If honourable members are doing the same complaints against Labor. However, only right thing by their electorates, there is no one party has been charged with electoral justification for cheating. They will be elected fraud, and it is not the coalition. on their merits. What we have seen in this country and State is a systematic and We have demonstrated clearly the consistent abuse of that electoral system by inaction of both Labor and the coalition in this the major parties in their struggle to retain regard in their own words. We have gone over power and to try to gain more power at the the completely unacceptable acts of deception that occurred in the 1998 State election and expense of democracy, true representation the subsequent findings of the Honourable Mr and respect for the citizens of Queensland. If Justice Mackenzie. He found that false how-to- honourable members were here for the right vote cards were distributed. He found that they reasons and attempting with all honesty and were designed in a manner to deliberately integrity to do their best for their electorates, mislead and deceive voters into believing that there would be no reason at all why the entire they were One Nation how-to-vote cards. electoral process should not be completely watertight against fraud, corruption, deceptive The alarming aspect, though, is that, as actions and misleading information. The fact was also stated by that learned judge, under that it is not is an indictment upon the very existing legislation what took place was politicians who have gone before and a technically correct. "Technical" hides a lot of contributing factor to the low esteem in which things. We have gone over some of the politicians are currently held. recommendations of the reports of the many It is better to win and to win fairly than to inquiries conducted into truth in political cheat to win. We have seen that in relation to advertising and note their similarity. We have the current crisis in international cricket. It is not explained how the Electoral Amendment Bill right to cheat to win. It is not right to cheat to achieves the aims of these reports and repairs win a bet. It is not right to cheat the public. the loopholes in the Electoral Act that were pointed out in Justice Mackenzie's judgment. Mr Knuth: They all get found out. We have also heard of the high esteem in Mr FELDMAN: They all get found out. which the South Australian legislation is The use of the false how-to-vote cards is currently held. It has faced legal challenge and inexcusable and is nothing more than an survived. It has set a standard for other attempt to prey upon the public's confusion Australian jurisdictions. We have shown how about and ignorance of electoral matters—to the City Country Alliance's Electoral cheat to win. It is no wonder the public is Amendment Bill is based upon that very same disgusted by the actions of politicians. The last 12 Apr 2000 Electoral Amendment Bill 845 thing they deserve is to be taken for a ride at wording of the South Australian legislation, election time with lies and deceit. We have being "a statement purporting to be a heard the Government and the coalition statement of fact that is inaccurate and attempting to argue that we do not need the misleading to a material extent". people's input through citizens' initiated Mr Kaiser: I'm still waiting for you to carry referendums, because the parliamentary out your defamation threat against me. system and the party system ensure representation and democracy. Mr FELDMAN: It certainly kept the honourable member quiet. These changes The people of Queensland deserve to be most certainly overcome the concerns treated with respect and honesty. This Bill expressed by some members of the Legal, ensures that self-interested people cannot Constitutional and Administrative Review mislead or deceive the public in their political Committee and ensure the legislation's advertising or their how-to-vote cards workability, as the South Australian legislation throughout an election campaign. My City has been tested at law. Country Alliance colleagues have already mentioned the fact that the coalition and the City Country Alliance, Queensland has Labor Party made a joint promise some years also chosen to retain the provisions regarding ago to ensure truth in political advertising, yet the liability of executive officers of a political they have done nothing to make this happen. party. Again, as already stated, we have done This alone poses the question to the public so because the structure of the majority of about the roles of the major parties and their political organisations means that corporation effectiveness and willingness in representing penalties will not apply and hence the the will of the people and in keeping the very deterrent to political organisations, specifically promises that they make. It took the City large organisations, is slight. As no other Country Alliance to stand up for the interests of options to deal with this gap in the law have the people of Queensland and to introduce been raised or recommended and considering this legislation. the importance of accountability for inaccurate The Legal, Constitutional and and misleading statements, it is to the benefit Administrative Review Committee's latest of Queenslanders that these provisions have report makes several worthwhile been retained. Again, we highlight the defence recommendations. As my City Country Alliance provisions that will ensure the innocent party colleagues have already explained, the executive members are not wrongfully held amendments that we will be moving in liable for inaccurate or misleading statements purporting to be fact. Committee deal with the majority of the issues that that committee raised. Unfortunately, the We have made a certain number of committee did not see eye to eye with some of compromises based upon the committee's our intentions in the legislation. These two recommendations, the most significant of have been highlighted. The main issue of which is the adoption of the wording of section contention is the increased penalty provisions 161, as recommended by the committee in that we have incorporated into our Bill, the the Mansfield report of September 1999. We covering of other election material apart from have also heeded the advice of the committee how-to-vote cards in the provision and the and that of the Scrutiny of Legislation liability of the executive of political parties. As Committee with regard to the voluntary already stated, we have chosen to stick with lodgment of how-to-vote cards and will be the high penalties as per our original moving to remove these provisions from the legislation. Bill. All in all, I believe that the amendments Honourable members should rest assured we intend to introduce will create a Bill that is that we certainly all believe that they are indeed balanced and workable and it will relevant and need to be high in order to ensure truth in political advertising in all encourage compliance with the truth in political election material during the course of an advertising provisions. We have retained the election. provisions that require truth in political and Although both parties have agreed and election material other than how-to-vote cards. promised to provide truth in political advertising We have done so because we believe that all in the past and this Bill will achieve that, they election material should be truthful and will still vote against it. The committee accurate, although, as honourable members recommends that our truth in advertising will see clearly, we have amended our Bill to provisions be withheld based on the fact that address the concerns raised regarding our the Attorney-General has promised to wording, being "false or misleading in a introduce its recommended amendment later material particular", and replaced it with the this year. The City Country Alliance is unwilling 846 Competition Policy Reform (Queensland) Repeal Bill 12 Apr 2000 to place as much faith in the Attorney- Goss, Grice, Hamill, Hayward, Hegarty, Hobbs, General's promise as the committee seems to. Horan, Kaiser, Laming, Lavarch, Lingard, Littleproud, The intention of this Bill has been toyed with Lucas, Mackenroth, Malone, McGrady, Mickel, Miller, for far too long. We will be moving Mitchell, Mulherin, Musgrove, Nelson-Carr, Nuttall, amendments to adopt the wording of the Pearce, Pitt, Purcell, Quinn, Reeves, Roberts, Robertson, Rose, Rowell, Santoro, Schwarten, committee's recommendation anyway, and we Seeney, Sheldon, Simpson, Slack, Spence, could have these provisions in law well and Springborg, Stephan, Struthers, Veivers, Watson, truly before the next election if this Bill were to Welford, Wells, Wilson. Tellers: Sullivan, Baumann pass through the House. If we wait for the Attorney-General to come good on his Resolved in the negative. promise, we may find that, if any changes are made, they may not apply to the next election, as the wheels of bureaucracy turn rather COMPETITION POLICY REFORM slowly. (QUEENSLAND) REPEAL BILL The City Country Alliance's Electoral Second Reading Amendment Bill 1999 is a Bill that will benefit Resumed from 15 March (see p. 511). the people of Queensland. It is indeed workable and it is necessary to ensure that the Mr MUSGROVE (Springwood—ALP) electoral process is of the highest possible (9.47 p.m.), continuing: As I was saying last standard to achieve democratic elections and week, the basic effect of this Bill is to expose the selection of worthwhile representatives of Queensland industries to the full force of the people of this State. I say to the people of competition and hand over Queensland's Queensland: you decide—based on facts, not control of competition policy to Commonwealth fiction—who you want to represent you. You bureaucrats down in Canberra. We could, of decide what the actions of those who vote course, forgive our CCA colleagues for not against this Bill this evening show about those quite understanding the import of the Bill which people. If the vote here tonight is in the they introduced into this House. They may not negative, the people of Queensland need to have understood that their constituency, the ask why the Government and the coalition are rural and regional constituency, would be the intent on running election campaigns by most disadvantaged if this Bill was to become deceiving and misleading the public. If they law. The rural industries—chicken, meat, cannot be trusted throughout the campaign, manufacturing, etc.—would lose any protection how can they be trusted to run the State in the that this Government or any Queensland best interests of their electorates and Government could afford them against the silk- Queensland? The City Country Alliance's shirted bureaucrats in Canberra. Electoral Amendment Bill is yet another City I know that this is all a bit complex for the Country Alliance initiative to give the power CCA, but the Queensland Government does back to the people and to make politicians not, in fact, have the power to change the accountable for their actions. I have already Commonwealth Trade Practices Act. We mentioned the pride with which we introduced simply do not have the constitutional power. All this Bill and now attempt to have it we can do is try to moderate the effects of implemented on behalf of those we competition policy in this State. represent—on behalf of all those who felt the sting of betrayal of one of the most important Mr Knuth interjected. systems of this country and for all Mr MUSGROVE: It is not just about Queenslanders who are sick of being abused payments. Not only would we lose the financial by their political representatives. In the benefits that we receive by participating but, interests of democracy, representative far more importantly, we would lose any government and out of respect for the people legislative power we have to exempt industries of Queensland, I commend this Bill to the or come up with new regulatory regimes for House. industries under National Competition Policy. Question—That the Bill be read a second An honourable member interjected. time—put; and the House divided— Mr MUSGROVE: I will take that AYES, 12—E. Cunningham, Dalgleish, Feldman, interjection from the honourable member. Kingston, Knuth, Nelson, Pratt, Prenzler, Turner, Industries such as timber, industries such as Wellington. Tellers: Black, Paff chicken—in fact, many, many industries across NOES, 70—Attwood, Beanland, Beattie, Bligh, this great State of ours are subject to Borbidge, Boyle, Braddy, Bredhauer, Briskey, Clark, Queensland legislation— Connor, Cooper, J. Cunningham, Davidson, Edmond, Elder, Elliott, Fenlon, Foley, Fouras, Gamin, Mr Hamill interjected. 12 Apr 2000 Competition Policy Reform (Queensland) Repeal Bill 847

Mr MUSGROVE: I do not think they do relation to National Competition Policy and the understand that. They do not understand that only protection we have to the bureaucrats in many Acts passed in this House afford Canberra." Correct me if I am wrong on that. I regulatory regimes which, in the eyes of the wonder what went on in Longreach on the bureaucrats in Canberra—the unelected weekend. bureaucrats in Canberra—would not comply in Mr Horan interjected. a purely competitive sense under the Commonwealth legislation. Mr MUSGROVE: The honourable member for Toowoomba South will tell me As I was saying last week, I can what went on in Longreach on the weekend. I appreciate that CCA members are not am sure that National Party members who grasping that. However, if they had studied the assembled in Longreach on the weekend debate so far—and they have had a couple of would not have told those opposite to come weeks to think about it—they would have done into this place and hand over Queensland's the honourable thing and not proceeded with only protection from National Competition this Bill. Policy to Canberra. Mr Knuth: You are quite wrong, you Mr Springborg: You should try to explain know. If you were a member of a rural this diatribe in the electorate. I know which side electorate, you would understand how they'll be on. detrimental this is. Mr MUSGROVE: I take the interjection Mr MUSGROVE: I do understand how from the honourable Deputy Leader of the detrimental National Competition Policy can be National Party. I know that this Government is for rural and regional electorates. I also leading the way in this country in watering understand that it is not half as bad as it could down National Competition Policy. be if Queensland washed its hands of responsibility for policy in this area and handed Mr Springborg: Oh, really. the whole lot over to John Howard and his Mr MUSGROVE: Indeed. In fact, mates to run Queensland's National repealing this Bill achieves the opposite. It Competition Policy regime from Canberra. exposes Queensland to the full force of the Mr Paff: What about the deregulation of ACCC. This Bill contains the only protection the dairy industry? which Queensland industries have. I would have loved to have seen those opposite going Mr MUSGROVE: I will take that to their National Party conference in interjection about the dairy industry and about Longreach and telling their members that they any other industry that the member cares to are going to stand up here in this House this name because the fact is this: the Queensland week and say, "Let's all do it the ACCC's way." Government with this Act in place presently If they did that, I am sure the membership has power to make certain regulations about rocking up in Longreach would be none too given industries. We actually have the power happy. It is all right politically to stand up and to seek that an industry be exempted, for say, "We're going to stand up and repeal the example. What members opposite are saying Queensland National Competition Policy Act", is that no Queensland industries will be but I am sure they did not explain to their exempted; we will all do it John Howard's way; members that the effect of that is to remove we will all do it the way of the ACCC down in any controls we have to protect Queensland. Canberra. That is the import of this Bill and that is what they simply fail to understand. I Time expired. can forgive the honourable gentlemen for not Mr HORAN (Toowoomba South—NPA) quite grasping that, even though they have (9.55 p.m.): In joining debate tonight on the had a few weeks to mull it over. But what I can Competition Policy Reform (Queensland) cannot understand, what completely escapes Repeal Bill, I say at the outset what an me, is how the National Party, which was in absolute disaster National Competition Policy Government only a mere two years ago, could has been for Queenslanders, particularly for fail to understand this. people in rural and regional Queensland. If we The National Party could either be want to put National Competition Policy into a recklessly stupid in supporting this Bill, as I nutshell, do members know what it has done? understand they are going to do—and correct It has taken cash out of Queensland country me if I am wrong—or, alternatively, they can towns and transferred that cash to the capital feel quite confident standing up to their cities. constituency and saying, "No, we're going to Mr Musgrove: And you want to make it hand over Queensland's responsibilities in worse. 848 Competition Policy Reform (Queensland) Repeal Bill 12 Apr 2000

Mr HORAN: Something that is wrong producers. Where does that money go? It needs to be fixed. The previous speaker, the goes to the capital cities where most of the honourable member for Springwood, wants to shareholders reside and where the processors back it simply because it was one of Paul are. We lose millions of dollars of cash from Keating's babies. It was started by Paul the country towns of Queensland with the Keating. The formalities of signing were result that businesses in those towns have less undertaken by Wayne Goss. Tragically, what money. There are less jobs, and the decline happened to us when we got into Government goes on and on. was that we were trapped and cornered by this What is the benefit of National system of payments that were, at that stage, Competition Policy for consumers in buying vital to Queensland's Budget. What I am milk? We know how important milk is to young saying tonight is that it is time to start to turn families with growing children. As a result of the wheel the other way on National deregulation of the milk industry families are Competition Policy. After listening to the paying 23c a litre more for their milk. What is speech of the member for Springwood, the next benefit? Taxpayers have to come up anyone would think that the Commonwealth with a $1.8m compensation fund to fix Government or the National Competition something that is an absolute mess as a result Council are going to come here with machine of this stupid economic rationalism. Finally, is guns and cannons if we pull out or tell the deregulation going to benefit the Victorians? Federal Government in a forcible way that this No, it is not. They will still get the price for their is not working and there has to be a better way milk because the price of milk around Australia to do things. is going to be the Victorian price plus the National Competition Policy came about cartage costs. Queenslanders will have to because a group of academics got together tighten their belts and put in place more and conned the Keating Government—they intensive systems which start to challenge and were gullible and stupid enough anyway—into pressure the milk industry. The whole thing thinking that this was something that was from start to finish is an absolute disaster and going to be good for us. As a result, we had one of the best examples for politicians in the imposed on us this stupid system of National future to base things on politics, people and Competition Policy. If there is one example of the wisdom of years and years of drafting how stupid it is, it is the deregulation of the legislation in order to get systems and dairy industry. The history of Australia and the infrastructure in place. history of economic theories have never seen As I said previously, National Competition anything as disastrous as that which has Policy had its beginnings in the Keating happened to the dairy industry under the guise Government in the early 1990s. It was based of National Competition Policy. We have been on the Hilmer report of 1993. It was signed on told that this is the situation because the Queensland's behalf by Wayne Goss when he Victorians eventually voted for deregulation, was Premier of Queensland. The idea behind but this all started in the early 1990s. I came to National Competition Policy was that in return this Parliament in 1991 and it was not long for the implementation of National Competition after that—maybe one or two years after—that Policy principles there was to be a payment in this issue was first raised. I remember Ed the order of $16 billion to all the States of Casey bringing in legislation which started this Australia spread over 10 years. Some of those whole issue in train with the deregulation of the payments started a couple of years ago. distribution systems and so forth. When the then State coalition What has been achieved by deregulation Government received payment from the of the dairy industry? There have been four Commonwealth for the reforms that had been results from deregulation, something that was implemented in local government, it passed all supposed to be good for consumers, farmers of those payments on to local government. and Australia. What have we got? Farmers in Some $98m will flow to the Beattie Labor Queensland are going to be paid less for their Government following the deregulation of the milk, and that will amount to millions and dairy industry. I bet it does not pass that on to millions of dollars a year. In the end they will the farming communities and townships in get somewhere around 30c to 32c a litre, which dairying will be impacted on so heavily. which will be the Victorian price plus the 8c or That $98m should be spread around the areas 10c a litre it costs to cart it up here in B-double that will bear the brunt and feel the pain of tankers. The price that farmers get per litre will this. Small business will be affected. Jobs, drop dramatically. That transfers cash from townships, local councils and amenities will all country towns such as Allora, Warwick and be affected by the millions of dollars that will Clifton with a decreased cheque for milk no longer flow through these towns as a result 12 Apr 2000 Competition Policy Reform (Queensland) Repeal Bill 849 of the monthly milk cheque. It will be lost as a sporting teams and a 'general taking part result of this new system of economic in a rural community'. rationalism. I have been shown first hand National Competition Policy has been evidence of this in a rural community based upon the concept that everything where only a small part of the contract revolves around the consumer. That is wrong, funds for a roadwork and creek crossing because without people who can make a project remained in the district with the reasonable profit from their small businesses, vast bulk of the money going outside the without people who can employ and give district." people a decent wage in their pockets, there In fact, it went almost to the capital city. It goes simply are no consumers living in a happy and on— balanced society with the wherewithal and spending power to make purchases. The "Secondly, the job itself has cost threats to our small business community have hundreds of thousands of dollars for been enormous. Pharmacies, newsagents, repairs each year since. Having driven taxi services and so on are wondering if the over the project, I have seen how it is not hundreds of thousands of dollars they have up to the standard that would have been invested in their business will be rendered by the local shire council. worthless by the stroke of the pen of politicians Again"— acting on behalf of this economic rationalist honourable members should remember that theory that has come from within some of this submission was made in 1998— these southern universities. "when de-regulation hits the dairy industry I will read a submission I made to the in Queensland it is likely the result will be presiding commissioner of the Productivity the same as in NSW where the farmgate Commission at one of the community price will be forced down by supermarket meetings it held late in 1998. It states— prices. This will result in the transfer of "My comments therefore are not hundreds of thousands of dollars and jobs related to specific detail of the National from rural towns such as Warwick, Clifton, Competition Policy (NCP). However I can Oakey, Toowoomba, Gympie, Monto, assure you that the large groundswell of Kingaroy, Goomeri and Murgon. antagonism to the NCP and total mistrust This cash will move from the pockets that presides in the community really of rural families and instead of being bears out the disadvantage that spent in local businesses will go to capital communities have seen first hand and cities or to overseas shareholders of major secondly the fear that resides in supermarkets. Again this is another communities of the further effects of the concrete example of how the NCP is NCP. shifting the great values of Throughout rural and regional decentralisation of rural and regional Australia at the moment there an awful towns and cities to the concentrated pervading feeling of drift of jobs and capital city areas. economy and ultimately of people from The opportunity for families to rural areas to capital cities and major operate small businesses such as coastal cities. pharmacies and newsagents is being There is also a feeling of antagonism attacked and eroded by the ogre of the that a theoretical academic type process NCP. As a result we are moving as a has been imposed upon people of rural society towards shifting rural and regional and regional Queensland and that in retail dollars and the profits away from many cases it has ripped out cash and towns to capital cities and overseas. therefore the people and heart and soul It is obvious that an experienced of so many communities. pragmatism has existed previously to There are examples again and again NCP. Shire councils kept rates at an but some would be major roadwork acceptable level but provided the services projects going to larger companies from of rural towns and part of this has been the city instead of rural shire councils with employment of family breadwinners on subsequent loss of jobs to families and roadworks and construction. the following loss of teachers, health staff In my travels I have never heard a and viability of businesses in that town. good word about the NCP. States have Then follows the loss of local amenities, virtually been forced to comply due to the 850 Competition Policy Reform (Queensland) Repeal Bill 12 Apr 2000

threat of withdrawal of funds (by non stridently on. It has had some success in payment of the NCP)." convincing this Government not to go down I believe that the Commonwealth Government the path of allowing supermarkets to sell effectively blackmailed the States in this regard alcohol. I spoke about the little strip shopping because it was not new money. It was money centres which many of us have in our the States should have got anyway, but that electorates. A privately owned liquor outlet was worked into this system of so-called there, which would come under the umbrella of tranche payments. It goes on— a hotel in the town, might employ five employees. But just adjacent may be a "The suspicion continues that the Franklins store. I can imagine that if payments to the state are not new supermarkets were given the ability to sell monies but purely funds that would liquor Franklins would not have to put on one normally be provided. extra staff member. They would use their I am convinced that all of our existing night-fill staff to fill the shelves and principles of families establishing small then the checkout staff would be able to businesses and farming operations are at process those liquor purchases along with the risk through the NCP. It is turning Australia bread and everything else that people bought. from a country that was once built upon Meanwhile, they would rip the heart and soul effort and enterprise of small business to out of the adjoining bottle shop that was an era of big is better and a consequent probably employing a couple of people full shift of income and people from rural and time and two or three people part time. regional towns to capital cities and I also spoke about dams and about overseas. irrigators having to pay the capital cost and for The time has come for the the water from particular dams. Dams provide government to recognise the dreadful so much. They provide flexibility and security to impact the NCP has had on good, farmers so that they can have a viable ordinary, decent people particularly in rural enterprise. That flows on to the people who and regional Australia and to set about provide the laser levelling, the earthworks, the ridding our country of this academic irrigation equipment, the cartage, the transport exercise, and build upon the strengths of and so on. It makes the towns stronger. It small businesses, family farms and provides for recreation pursuits. It provides for smaller businesses and local government an environment where pelicans and other birds units. can land. It has untold benefits. Please understand that there is To me, the benefits of a dam are not enormous fear and mistrust and concern dissimilar to the benefits of a super stadium, a about what the NCP is doing to rural new museum, or the Lyric Theatre on the Queensland. I thank you sincerely for the south bank of the Brisbane River. No-one who opportunity to present this generalised attends the football at Lang Park or the Lyric overview and thank you for your Theatre pays a $50 or $100 levy on top of consideration of this submission." their ticket price to help defray the capital cost because that building or that structure is Some months later the commission again worthwhile to the community. It is providing came to Toowoomba as part of the ongoing jobs for the artists, or the sportspeople, or the review. A professor from South Australia and musicians who earn their living through that two others were involved in that review. I will particular facility. It provides for tourism. It touch on some of the comments I made in a provides work for the caterers. It provides a verbal submission. I spoke particularly about social amenity. That is what Government how in Australia people used to look to the should be doing. In the same way, dams opportunity to buy a small business—a taxi, a provide a huge smorgasbord of benefits not newsagency, a milk run, a concrete truck and only to the local community but also to the that sort of thing. The opportunities for the little people who visit a particular area. man and the little woman to aspire to those sorts of small businesses are moving away as I want to refer to the transcript of the submission that I made on the second those ventures are being taken over by big occasion. I want to refer to something that was conglomerates. Those small businesses were said by Professor Sloan. Professor Sloan was the strength of our communities and our on the interviewing committee and he said that decentralised State. in Victoria some of the companies are I also spoke about the issue of liquor beginning to buy out the dairy land. He shops and supermarkets selling alcohol, an referred to the family farm and he said that, if issue the National Party has fought so the farmers were asked, they would often say 12 Apr 2000 Competition Policy Reform (Queensland) Repeal Bill 851 that they liked to do the farming work. They did areas is going to force rural operations right to not want to be involved in financing, the margins when it comes to having balanced marketing, debt renegotiation and the like. If farming. We are going to go from having they are employed by companies they receive good, balanced dairy farms which milk holidays, superannuation and long service between 90 and 150 cows with good leave. They would be attracted to this idea. operations to a situation where we will have I spoke quite strongly about people in operations with 1,000, 1,500 or 2,000 cows Queensland wanting to have a farm. If people which are lot-fed on chopped lucerne. This will wanted to be employees they would not be replace good, balanced farming which has going out borrowing money and getting their resulted in the past in thriving districts. wives and kids involved in the farming Finally, I want to refer to a pharmacy in operation. In Queensland, people are my electorate which impressed me. It was a prepared to undertake the financing, the family-operated business which introduced business side, the genetic side, the agricultural health clinics, midwifery clinics and side and the irrigation side of things. We like to incontinence clinics. The pharmacist was sitting own our own places. We prefer to strive to do at a table at the front of the store where he something better on our farms. was able to speak to the customers and give I believe that that comment by the them advice. That is what small business is all member of the interviewing panel really drove about. Small business is about individualised home to me that some of these people have attention. It is about the flexibility and lost touch with the fact that what is important in innovation of family-operated businesses our society is small business, family-owned giving first-hand, personal service. operations and the ability of people to say, NCP has not been good for Australia. It "We want to have a go. We want to have a has not been good for Queensland. The time chance. We think we can do something off our has come to have a good strong look at it and own bat." get out of it and change the arrangements I want to refer to part of the submission to without any financial disadvantage to this the Productivity Commission by Jock Douglas. State. That is the very strong position that the This is something that I thought was very National Party is adopting. sound. He said— Mrs PRATT (Barambah—IND) "The definition of 'competition' (10.15 p.m.): National Competition Policy has adopted for the National Competition been described as a "kick in the guts" for small Policy Review is 'the striving of two or towns, for consumers, for farmers, for the more persons or organisations against environment and for the regional areas of one another for the same or related Australia. The effect on our dairy industry is, objects.' But development of the and will be, devastating. The day when we saw infrastructure to produce quality products milk prices in the shops rise to above the price with competitive advantages comes from of the equivalent volume in Coke should be cooperation between the producers, held as a day of mourning for all Australians. processors and marketers, rather than It is clear that the winners from dairy competition." deregulation are not the consumers or the farmers or the already struggling regional How true are those words. centres. This headlong rush to deregulate All the great infrastructure that we see in appears to be solely because, as I am often Queensland—and it has been developed over told, "It is inevitable." Why is it inevitable? generations—has come from that cooperation Where is the questioning of the rationale for between people. It does not come from blind, this huge transformation of what was, as in the arrogant competition that sees massive case of the dairy industry, an already profitable companies offering only one or two choices rural industry? through which one can market one's produce. The arguments in both State and Federal It is not a case of a blind obsession with Parliaments seem to revolve around the "it's having whopping big supermarket inevitable" thinking process and the size of the arrangements where one has all these compensation package. What of the industry stylised, sterile little businesses which are all and the environment? There are those who part of franchises. believe that prices to farmers will continue to We want to see a bit of individuality and a decline, forcing them to the "get big or get out" bit of opportunity. It is important that people scenario. Recently, an announcement was are able to set up their own particular made for a 5,000-cow mega-dairy on 142 structures. National Competition Policy in rural hectares in the Riverina. I grew up on a dairy 852 Competition Policy Reform (Queensland) Repeal Bill 12 Apr 2000 farm. I know that the environment could not be believe, or theorise, is better for them and not sustained under those conditions and that the necessarily for rural and regional Queensland. milkers—cows, for those who do not know— A quote in a local regional newspaper by would not be able to graze. The milkers would a Federal Liberal MP in answer to a question have to become like feedlot animals, or put to him by a constituent is very revealing. perhaps like battery hens. The question put to him was: would he This "get big or get out" philosophy is a represent the wishes of the electorate which by-product of NCP. We are told that our actually opposed this MP's party's stance on a industries are being sacrificed for NCP, global particular issue? The reported reply of the MP markets and commercial realities. NCP can be, was that the party knew what was best. The and is, a killer and it has produced many people are sick of this yes-man attitude casualties. The South Burnett Meatworks and displayed by our politicians, and I congratulate its 417 workers are casualties, as are the 230 Mr Borbidge on being aware of the continuing Evans Deakin employees, the estimated 460 disquiet in rural and regional Queensland. It workers who will lose their jobs from the does not matter if it is purely self-interest that Queensland gold sector as uneconomic mines gets an MP listening to his electorate; maybe it close down, the sugar industry and the dairy will become a habit, the yes-man attitude will industry. go and these MPs will slowly grow a backbone and stand up for the people out there in their NCP will continue to harvest casualties. electorates. We are talking about full-time jobs. We are told that the Queensland economy is booming. I refer to a speech given by Senator Recently, the Courier-Mail reported that 2,900 Woodley in October 1999— jobs were created in Queensland in February, "There is no doubt that there are but that 2,700 of those jobs were part-time. I commercial pressures coming from large would not describe that as an improvement. I processors. I am disappointed that there would not say that that is an indication that is not more political will to confront those Queensland is booming. market forces which are so destructive of Who wants National Competition Policy? farmers' incomes and rural communities Correspondence I have received and ... these market forces are National conversations I have had have shown me that Competition Policy, global market and very few people want NCP—not in the dairy commercial realities. I am concerned that industry, not in many other businesses and we, as politicians, put ourselves forward to industries, and not in rural and regional areas. represent rural communities, and then we have to say that there are forces we The message must be getting through to cannot resist. One then has to ask the Mr Borbidge and the coalition for in the question, if that is so, if we are unable to Courier-Mail we saw an article referring to this resist forces which are driving a process of very debate. The article was entitled "Coalition degradation of rural communities, surely split on policy". Mr Borbidge, the Leader of the we should question whether we should Opposition, is quoted as saying— put ourselves forward." "The National Party would support a We should all ask that question of ourselves. Private Members' Bill put up by MP Peter All things should not be judged as being Prenzler." inevitable. NCP can be put on hold if we have The Leader of the Opposition has apparently the will to do it—if not forever, at least until a decided that, although this Bill will probably be broad public inquiry finds that it should go defeated tonight, it is advantageous to his ahead for the benefit of the nation, not as is party which has lost an enormous amount of clearly stated by Senator Woodley, because support in the electorate. It is necessary that politicians do not have the will to resist Mr Borbidge's party listens to the people in commercial pressures. rural and regional Queensland who have been I have studied in Hansard the speeches banging their heads against brick walls in an of every member who has spoken on this Bill attempt to be heard. and I have learned many things. One of those What these people are trying to tell their things is that there appears to be very little MPs is that what is good for the metropolitan give and take on this matter. There has to be areas is not necessarily good for the rural and give and take on this issue. Recently, I read regional areas. We see so often that city- the following statement— based bureaucrats and Governments, with "The philosophy of National more city-based MPs, are dictating what they Competition Policy is sound, but its broad 12 Apr 2000 Competition Policy Reform (Queensland) Repeal Bill 853

brush application is neither sensible nor However, it was too late. The cost of installing supportable." the EFTPOS service to this man's business Anyone who looks at this issue with a mind was not small. Although people were happy to uncluttered by party politics, a nature free of use the facility, they still went out of town to do greed for the almighty dollar and with a their shopping, because it had now become a fairness of heart would have to agree. There habit. Gradually, the local dress shop closed are many who have stated the same. During down. So, too, did the hairdresser. Other non- the previous sitting the member for Gladstone, essential businesses followed suit. The mums, in her contribution to this Bill, quoted many dads and kids left town to find alternative comments by persons who are more learned employment. and experienced on this issue than I am. I Because of this transfer of population, the believe that those comments are worth school suffered for want of numbers. repeating, because it has been a long time Therefore, one teacher was transferred. With and people may have forgotten them. One the families moving, the preschool did not quote was from a review initiated as a result of have enough numbers to go on. So it was the efforts of the National Party. It states— threatened with closure. The doctor retired, but "The commission's own draft report no doctor wants to replace him because the recognises the fact that big business and town is too small to support a doctor. The metropolitan areas are the major families who left town left at a price. They were beneficiaries of National Competition thankful to sell their house, and they accepted Policy. What is not so plainly stated is the a much lower price for their house than it was fact that regional and rural areas and worth. They thought themselves extremely small business are bearing most of the lucky to have found a buyer. The older people cost and hardship associated with the have no prospects of employment. They implementation of NCP." cannot afford to sell their homes at a lower price and buy another house in another town. The detrimental effects of the NCP on Therefore, they are prisoners in their homes in small rural towns such as those in the that small town. Barambah electorate are very evident. These towns are too small to absorb the blows that I see this happening in my electorate, so I NCP throws their way, resulting in a domino know that it is fact. As I stated earlier, the small effect which impacts on every business, every communities cannot absorb the devastating individual and every facility in the town. To effect of National Competition Policy. I think those members of this House who have never back to the time when I read through the resided in a small town long enough to know, I Hilmer report and now I think to myself, "What will describe what happens when the local would it be like to take Fred Hilmer with me bank branch closes. When a bank is closed, down the streets of these small towns in rural the accounts are transferred. In the case of my Queensland and ask him if what he saw there local bank, the accounts were transferred to this very day is what he had in mind when he branches in two nearby towns. The accounts presented his ideas to the world?" I often of small investors were transferred to the wonder whether those who endorsed his Nanango branch, which is 15 to 20 minutes ideas, actively promoted them and believed in away, depending on just how fast one drives. them would still want to proceed down the The larger investor and business accounts same path, or would they opt to rectify a were transferred to the Kingaroy branch, which situation that they had not perceived could is 40 to 60 minutes away, depending on one's happen? speed. Many of the residents are now forced One of the major concerns of NCP is that to travel to their bank. its very name, National Competition Policy, Mr Feldman: Using premium petrol at 81c defies what appears to happen in reality. We a litre. appear to be getting less competition in many Mrs PRATT: Exactly. When one lives in industries, particularly the banking and the bush, petrol at 81c a litre adds up. supermarket industries, than we had in pre Therefore, whilst in a bigger town, people National Competition Policy times. Although decide to take the opportunity to get a few the smaller supermarkets are fighting like crazy things—perhaps a new dress, groceries, to stay afloat, they are slowly being swallowed magazines, maybe a hairdo. Because of the up or pushed out of the market by the likes of Woolworths. devastating effects that this was having on local business, eventually a local businessman Although many would oppose decided to put in EFTPOS to try to stop the protectionism, I for one would endorse it. I people going out of town for their purchases. have worked in the retail industry and I have 854 Competition Policy Reform (Queensland) Repeal Bill 12 Apr 2000 been a member of charitable organisations. I mistake—a mistake which can be rectified if know exactly which businesses in these small the people within these walls have the will to towns are generous to a fault and which ones do so. reach into their pockets time and time again to As the member for Gregory stated, it is find a little funding for all the ventures that are time to admit that National Competition Policy going on. They get called on over and over was a mistake and apologise for much of the and over again. hurt that has resulted from its implementation. Mr Feldman: They've got a heart for their It would be wonderful if all members in this communities. Parliament could go out further west than the ranges and see exactly what the effect has Mrs PRATT: They certainly do have a been on those communities. The Premier said heart for their community. The names of the in this House that he had been to the bush businesses that are operated by those people and on further explanation that he had actually who give money do not start with a "W", as in been to Ipswich. That has never, ever ceased Woolworths; they are the battlers in our area. to make me wonder. We often hear the statements that small Mr FELDMAN: He saw the burning from business keeps the country afloat and small 40,000 feet. business is the major employer. Has that situation changed? I do not believe it has. So Mrs PRATT: He did, didn't he? I would why is there this constant ideology of get big or ask this Parliament to work in unison to revisit get out? Why have we embraced so many this concept. Queensland is not a beneficiary concepts that are targeting and destroying of this policy. She is not the beneficiary that it small business? National Competition Policy is was hoped she would be. We have seen over not Queensland friendly. the past 20 months more marches against this Parliament than there have been in a long, It would appear from reading Hansard long time. that speakers agree that NCP has done untold damage throughout the State. It would also The people of Queensland are hurting appear that speakers from all parties— and hurting badly. Industries are hurting and National, Liberal, Labor, the CCAQ—and the closing their doors. Queensland is hurting. I Independents—have concerns. It is necessary get asked every day: "Who on earth is running for this entire Parliament to work together to this country? Who on earth is running this sort out the mess. Although in some areas State?" If members look at it through the eyes there have been major benefits from the NCP, of the dairy industry, the sugar industry and in other areas the cost to families and other rural industries, or through the eyes of industries has been horrific. the retailers and the Evans Deakin workers, they will see who they believe is running the It has been stated that a review of the country, and it is not Government; it is big effects of National Competition Policy on the business. delivery of services and employment will take I listened to the debate on this place in April 2000. I can only hope that, in Competition Policy Reform (Queensland) that review, the effects of this policy on rural Repeal Bill and I heard a lot of argument for areas will be given due consideration and argument's sake. I have heard a lot of inane perhaps some consideration and leeway can interjections, which eventuate when you get be given to communities that have smaller this "his side, my side" mentality. In this populations so that the social and economic debate, as in all debates in this House, there impact of NCP can be reduced. should be only one side and that is During the previous debate on this Bill Queensland's side. It is with that in mind that I reference was made to a zonal system that ask all members to work with Queensland's was put in place to protect local governments. best interests at heart. When we vote on this Perhaps that zonal system could be carried a Bill let us send out the message that little further and apply to small communities. It Queensland will not succumb, that she will not is often the case that many of us embrace sacrifice her industries, her small business and what is perceived to be a great idea when it is her people to what has become a flawed first mooted. Many things look great on paper concept that other States and the Federal and in theory should, as many of our greatest Government do not have the courage to academic minds will attest, work. However, oppose. Let us send out the message that we they do not. Most of us realise that what works will not follow blindly, that we can stand on our in theory very rarely works when put in practice. own two feet. I ask the members of this House This is one of those times. For rural to let Queensland stand up and be counted, Queensland, National Competition Policy is a for we are strong enough. 12 Apr 2000 Competition Policy Reform (Queensland) Repeal Bill 855

Mr SEENEY (Callide—NPA) (10.32 p.m.): Queensland has three major State-owned At the outset, I want to support most or all of generating corporations. There is the Stanwell the comments made by my National Party Corporation operating the 1,400 megawatt colleagues who have preceded me in this baseload station at Stanwell near debate. However, for the sake of avoiding Rockhampton; CS Energy operating the repetition, I will focus my contribution on the Callide baseload stations at Biloela which will effects of National Competition Policy on have a capacity of 1,500 megawatts when Queensland's electricity industry. Callide C is completed and also Swanbank with a capacity of 900 megawatts; and Tarong It is commonly held by proponents of Energy, which operates the 1,400 megawatt National Competition Policy that the electricity baseload station at Tarong in the South industry, and in particular electricity consumers, Burnett. These baseload generators currently have benefited positively from NCP. Indeed, compete in a Statewide market along with a cheaper power is often cited as one of the range of smaller plants and peaking units benefits of National Competition Policy. I want which give the State a total generating to challenge the accuracy of that contention capacity of about 8,000 megawatts. Since the during this debate. generators have been operating in a There can be no doubt that NCP inspired competitive market, the demand for power in deregulation of the electricity industry has Queensland has been close to, or even at brought major changes for electricity times in danger of outstripping, the capacity of generators, retailers and consumers alike, but the generators to supply. who has benefited to date and who will benefit Later this year the electricity market will in the long-term is not as clear as simplistic become a national market with the completion generalisations would have it seem. In fact, in of the Westlink interconnector to the New many respects, NCP has taken the electricity South Wales system and our generators will industry full circle. need to compete with southern operators. Legislation passed by this House back in Absolute open competition will begin in 2002 1937 paved the way for a Government when the last of the controls on the industry takeover of the electricity industry after a royal are removed. commission of 1936 recommended public The big question for Queensland acquisition. The industry was seen by taxpayers is: can the generating assets that legislators in the then William Forgan Smith we own through the Government owned Labor Government to lack the capacity for a corporations compete in that national market? coordinated, planned development, relying, as There is increasingly obvious potential for it did then, on corruptible market forces to billions of dollars worth of publicly owned dictate its growth. Thus the industry developed generating assets in Queensland to become in public ownership during the 1940s, 1950s literally worthless in the short to medium term and 1960s with a heavy reliance on regional in the face of that emerging competition. boards and equity of access for all The danger is that these assets—assets Queenslanders. that every Queenslander owns a share in—will The changing theories of economics and be stranded or left out of the market if they are the evolving theories of management not price competitive in a highly competitive culminated in the Electricity Act 1994, which marketplace. These assets which have been facilitated the National Competition Policy built and developed by the Queensland inspired deregulation and the move away from taxpayer in a publicly owned, tightly regulated public ownership. The Queensland electricity industry are now going to be subject to a no industry has consequently been corporatised holds barred competition in a national since 1 January 1995. It was further electricity market inspired by the National restructured by the current Labor Government Competition Policy. on 16 February 1999 to remove the last Only the fittest generating entities will vestiges of a regional focus that it had survive, and it is already clear that many of our developed over time. Today, the Queensland smaller units and some of our baseload taxpayers still own the major generating stations will not be competitive. Because of the entities, albeit through the structure of continuing effects of the total lack of planning Government owned corporations, or GOCs, during the Goss years when the Labor which are answerable through the Electricity Government did not initiate any new power Monitoring Unit to the shareholding Ministers, generating capacity for six years, Queensland the Minister for Mines and Energy and the now has a profoundly dysfunctional generating Treasurer. profile. We have too many isolated and 856 Competition Policy Reform (Queensland) Repeal Bill 12 Apr 2000 expensive-to-run smaller plants that can never the threat to our State-owned assets is compete with the baseloaders in terms of emerging as very real. It is increasingly likely dollars per unit generated and will only ever be that this National Competition Policy inspired required in the national market as peaking national market will result in a massive plants, if they are required to generate at all. devaluation of Queensland's generating In the national electricity market, power assets as the less competitive of them will be bid into a spot market controlled by become stranded out of the market and the NEMMCO, the National Electricity Marketing profit margins of the rest fall in the face of and Management Company. Power is bid in increased competition and reduced margins. half-hour blocks and generators get the call to That inevitable reduction in profit margins and generate in order of their competitiveness. In a the consequent dividends will certainly have a system of over 8,000 megawatts we have only major impact on the State's economy and that about 2,000 megawatts that could be impact will be felt by every Queenslander. Our considered to be definitely competitive. Both publicly owned generators have for some Stanwell at 1,400 megawatts and Callide B at years made a major contribution to the State's 700 megawatts are modern, state of the art economy. Dividends paid by the generators to coal-fired generating complexes that can Governments of both persuasions have safely be considered to be able to match the underpinned State Budgets to a significant best of the competition. degree for many years. That money has unarguably made a significant contribution to Beyond that, our other State-owned the lifestyle of every Queenslander in the form generating assets must be seen as of a wide range of Government services that increasingly less competitive. Tarong, the would not otherwise have been provided. 1,400 megawatt workhorse of the south-east system, is now middle-aged and is battling with The significance of those payments to a what it claims is low-quality coal that allegedly Government desperate for cash can be damages grinders and boilers. Swanbank, with illustrated by the desperate grab made by the a capacity of 900 megawatts, is considerably current Minister this year for 95% of the GOCs' older and also has coal supply problems and after tax profit. This was despite the fact that must be considered doubtful in technology the boards of those GOCs desperately tried to and competition terms. point out to the Treasurer and the Minister for Mines and Energy the painfully obvious The State currently has power purchase necessity of retaining and reinvesting at least agreements with Comalco at Gladstone for some of that money to give our generating about 500 megawatts following the entities a fighting chance of competing in the privatisation deal done by the Goss national electricity market. The Minister and Government and also from the refurbished the Treasurer, desperate for cash, were Collinsville station. The Queensland taxpayer prepared to use their reserve powers to force will have to subsidise this power if it is to go payment of 95% of the GOCs' profit to the into the national market, as indeed it must. State Treasury. This shortsighted grab for cash The only other option is to break and must reduce the capacity for the generators to renegotiate these power purchase achieve competitiveness and it could threaten agreements, once again at great cost to the their future viability in the national electricity Queensland taxpayer. Pressure on our less market. If our State-owned generators are to competitive assets will occur from late this year survive and compete they must make the when the interconnector is commissioned. It adjustment to the national electricity market. will be significantly increased when the 840 They must have the funds for investment in megawatts generated by the jointly owned up-to-date technology where it is needed. state-of-the-art Callide C comes on line in Considering the age of some of these units, it 2001. Competition will be even more fierce is safe to assume that they are off the pace in when the equally competitive 840 megawatts terms of technology. that will be generated by the private sector The Government's demand for 95% of owned Millmerran station becomes available to their after tax profit this year will certainly the grid in 2002. That will be followed by the reduce their capability to provide dividends in new joint venture Tarong North generating the future. It is almost impossible to see how another 700 megawatts. There is also the those dividend payments from the State- possibility of another 700 to 800 megawatts owned generators will be available in the future from the private sector owned Kogan Creek at anything like their past levels. The project in late 2002. competitive forces of the national electricity With these new units operating and the market will impact on our generators at almost interconnector to the national market in place, the same time as brand-new state-of-the-art 12 Apr 2000 Competition Policy Reform (Queensland) Repeal Bill 857 privately owned generators get up and removal of those market controls and the running. The profit margins enjoyed in recent removal of the regulations which make uniform years in a market where supply was never far pricing possible. ahead of demand will evaporate in the face of In a market similar to the one we will see a number of simultaneously applied and in Queensland very shortly, any one of the massive market pressure forces. competitors in the marketplace can focus on Any profits made by the private sector the low-cost sector of the market only and generators, which in time must come to undercut other players supplying to the whole dominate the Queensland supply system, will Statewide market where the marginal cost of end up with the companies involved, and the supplying power increases exponentially. This taxes on those profits will end up in the natural characteristic of the marketplace can Treasury in Canberra, not in Brisbane. The loss be corrected only by the recognition of of that dividend stream must impact on the community service obligations. It necessarily Queensland economy and it must impact follows that when a community service significantly on every individual Queenslander. obligation is recognised it must be funded by That impact must be balanced against any Government to be delivered. The cost of gains achieved from cheaper power prices to funding tariff equalisation in 1998-99 was consumers of electricity. The cornerstone estimated by the Beattie Government at conventional wisdom of National Competition $93m. It eventually cost $420m in the face of Policy is that this deregulation will drive escalating power prices in the newly electricity prices to consumers down. That will deregulated market. certainly be the case for some of From January 2001 contestability will be Queensland's consumers. However, it is also open to all consumers of electricity in the State likely that for many the opposite will be the rather than just to the large end of the market eventual result. Just as the laws of supply and as it is now. Consumers will supposedly have demand dictate that there will be downward the choice of electricity retailer and a choice of pressure on prices in areas of geographically the conditions of purchase. While consumers dense demand where customers are close to in densely populated urban areas will probably major generating sites and well served by benefit from this contestability, it is unlikely that transmission infrastructure, the opposite also that will be the case in other areas of the inevitably holds true. Where markets are State. The Beattie Government has given only geographically spread and distribution very vague responses to questions in this distances are large, as is the case in so much Parliament regarding the future of tariff of our State, it would seem logical that the equalisation and even more vague indications pressure on prices will certainly not be the of how that community service obligation is to same and may even result in increased prices be funded in the future in the face of falling in time. income from the industry. In 1976 the National Party Government in Given this Government's total lack of any Queensland introduced the then Electricity Bill, real commitment to rural and regional which ensured the implementation of the tariff Queensland, it is impossible to escape the equalisation policy. The National Party conclusion that the tariff equalisation policy put Government argued quite rightly at the time that all Queenslanders should benefit from the in place by the National Party Government in State's coal resources no matter where they 1976 is in very grave danger of disappearing. lived. This policy ensured that by 1986 all That will mean higher power prices for many Queenslanders had access to electricity at Queenslanders, once again the direct opposite similar tariffs from a grid system which of what the proponents of National extended from the southern border to the far Competition Policy expound. Power prices are north and out to the western towns. The grid also liable to be pushed up by a number of supply was based on major generators with other political or philosophically driven coal-fired, mouth-of-the-mine power stations decisions which, if taken by this State Labor Government, will impact adversely on the located mainly in central Queensland. It Queensland power industry. cannot be argued that it was not a successful system. In the three years from 1985 to 1988 This Labor Government has an apparent tariff increases were half the CPI rate, and philosophical commitment to achieving a major from 1988 to 1990 there were no tariff increase in gas-fired power generation for increases at all. However, uniform pricing reasons that have nothing to do with depends for its implementation on a controlled economics and everything to do with the marketplace. A core element of the National agenda of the deep green zealots in the Left Competition Policy deregulation has been the Wing of the Labor Party. This emphasis on 858 Competition Policy Reform (Queensland) Repeal Bill 12 Apr 2000 gas for power generation also seems to be a The impact on Queensland of the so- convenient way of fostering the Chevron gas called carbon tax would be very significant. pipeline from New Guinea, which the Beattie The negative impact on Queensland would be Government has championed to an unusual huge, but the impact on the world situation degree. To that end, Energex and Ergon have would be minuscule if it was noticeable at all, contracted for 180 petajules of gas per year on remembering that nationally Australia a take or pay basis from the New Guinea produces at most only 1.4% of the total man- project, with potential customers for the on- made emissions. A search of the Hansard selling of gas identified as private and public records show that there have been next to no sector gas-fired power generation proposals. contributions made in this House by the That decision would have to be politically Minister for Mines and Energy or the Treasurer rather than economically driven and holds on any of these issues which are clearly of enormous potential risk for further economic huge significance to the State. loss for the State given the take or pay nature This Government must address these of the contracts. The important part is the take issues sensibly. Both the Treasurer and the or pay nature of the contracts. Minister for Mines and Energy must come to The only proposal that makes economic terms with the enormity of the issues that are sense is a base load station at Townsville, facing them in their portfolios. We can which would seem feasible simply because of conclude only that they are both being the geography. In a fiercely competitive market overshadowed by the ideologists of the Left where price per unit generated is the only Wing or that it is simply too hard for both of factor considered, gas-fired base load stations them. It is certainly a huge issue for would have extreme difficulty establishing Queenslanders and, unless we are very themselves against the already existing coal- careful, it will become a nightmare issue of fired generators both here and interstate. The monumental proportions. only way a philosophically driven policy of Mr ROWELL (Hinchinbrook—NPA) moving to more gas-fired power can be (10.50 p.m.): In speaking on this private implemented in a free market situation is to tax member's Bill on National Competition Policy, I those generators that will compete with gas. would like to make some observations. Since Any tax on our existing coal-fired power the election of the Beattie Government, we industry would mean substantial across-the- have heard some appalling rhetoric, backed board rises in power prices. up by actions. Perhaps no more graphic examples have been provided than the The option of selecting the fuel source for Queensland's power industry on philosophical Beattie Government's response to National or environmental grounds is lost in the national Competition Policy. competition inspired marketplace. In a national We have not heard too much from that electricity market it is market forces that will side of politics. I think it is quite interesting, decide what will fire Queensland's power because I do not think that members on that stations in the future, unless those market side have any real answers. We can never forces are influenced by taxation systems at a forget that, no matter what Labor says in this national level. I suspect that, if a carbon tax place, history will always show that it was the could be implemented at a State level, we Goss Labor Government and the Keating would probably have one in Queensland by Labor Government that signed Queensland up now, because there has been much for National Competition Policy. Of course, unsubstantiated rhetoric about greenhouse they listened very closely to what Professor gas issues from this State Labor Government. Hilmer had to say with his philosophy as far as It is worth noting that figures produced by the competition was concerned. Australian Greenhouse Office indicate that The Borbidge Government inherited that Australia, on the most generous estimates, deal and we inherited the blackmail of the produces only 1.4% of the world's greenhouse Federal funding being tied to the gas emissions, and many of the calculations to implementation of the National Competition reach that figure are based on questionable Policy program. The difference between the methodologies. We would need to remind Borbidge Government and its predecessor, the ourselves that we are only small players on the Goss Government—and now the Beattie world scene. We should think carefully before Government—is that we were prepared to we advocate carbon taxes, which would examine the issues on their merit and to put increase our power prices across-the-board in some regard for people back into the Australia and which would impact heavily on equation, not just blindly adhere to some Queensland's coal-fired power industry. textbook theory which, of course, is what we 12 Apr 2000 Competition Policy Reform (Queensland) Repeal Bill 859 are seeing more and more every day. We are In this climate, national competition is yet seeing that with the dairy industry, the sugar another assault on the livelihood and the industry and so it goes on. lifestyle of regional and rural Queenslanders. All too often the reported benefits of national I want to spend some time talking competition reform do not flow to people particularly on primary industries and the forced through the NCP wringer. The impact of National Competition Policy on them. communities do not identify a need for this Queensland's primary industries are diverse in reform and, therefore, do not have any nature—diverse in their operation and diverse ownership of the process. That is quite in their operating environment. A number of important, and I do not think that is realised in industries, such as beef and pork, have this House. They quite rightly see the reform historically operated in an unregulated as posing a threat to their livelihood, lifestyle environment. Others, such as the dairy, sugar and community. and chicken meat industries, operated in an environment regulated to some degree but not There is a perception that has flourished entirely regulated. This regulation has not under the Beattie Government which has considerable basis, and that is that National come about by accident. A lot of time was Competition Policy reform has simply been the spent over a number of years putting in place pursuit of unproven and damaging economic this regulation which we have now seen swept theory. Government departments and aside. agencies, such as the National Competition It has been necessary because of the Council, have played a significant part in nature of particular markets, the infrastructure creating this perception with their zealous requirements of particular industries and the pursuit of textbook theory, their tendency to nature of respective products. It has generally outweigh social considerations with economic played an enormous role in the successful objectives and their apparent willingness to development of these industries as a whole use National Competition Policy as a and, importantly, on a regional level. That is mechanism to deregulate for deregulation's what is so important, because our people who sake rather than examining the regulations in were in Government before over a long period place, properly identifying costs and benefits recognised, particularly in the Joh era, that it and accepting deregulation if the case is made was so important for regional development. So for it. The perception has not been helped by much work was done in that era in succeeding the National Competition Council's threat of and ensuring that those policies were put in the Federal Government withholding place so that regional Queensland could competition payments to the States—quite a flourish. ludicrous situation. This whole carrot and stick, or blackmail, approach of the National Queensland is Australia's most Competition Council and the Federal decentralised State, and primary industries Government is in desperate need of review by underpin the economies of those regions, the Government through COAG. providing incomes, jobs and supporting service In many cases the impact of national industries. There are many supporting service competition on our primary industries is only industries that are so critical to those regional now being felt, and there is considerable industries, those primary industries around the uncertainty amongst primary producers as to State. National Competition Policy under the the impact it will have on them. This Beattie Government has been too narrowly uncertainty comes in a climate of general focused in its application, sometimes almost to uncertainty. Of course, we have seen the point of being pedantic, when there are droughts, heavy rainfall in the north and a serious inequities in other areas of an industry whole range of issues which just compound or the economy. National competition is a what we are seeing as far as national threat to rural and regional Queensland. There competition is concerned. is no question about that. What we have seen While much attention is focused on in recent times clearly demonstrates exactly deregulation, too little regard has been paid to that point. It comes on top of a host of other the necessary adjustment time and the need pressures on rural and regional Queensland, for adjustment packages. It often seems that including the declining terms of trade; adverse Government wants reform but is not willing to Government policy on issues such as land pay for it and, instead, has forced rural and management, globalisation and drought; and regional communities to pay for it through the the withdrawal of Government, banking and loss of industries, income and jobs. In the area private sector services right throughout the of primary industries there are a number of State. topical examples, such as the dairy industry 860 Adjournment 12 Apr 2000 and the sugar industry, and I want to spend escape from these farms. Deer travel great some time on those. distances in a short time, travelling from tick- The Borbidge Government commissioned infested to tick-free country within a few hours. the National Competition Policy review on the Ticks are spread by illegal movements, the dairy industry as we were duly bound by the lack of knowledge by stock owners or by deer. Goss/Keating agreement on national The cost of eradication and inconvenience to competition. But rather than pursuing blind the producers can be enormous, most of economic theory, we put the interests of which could be avoided by the DPI using people first. The dairy industry has a significant sound administration and commonsense. presence in south-east Queensland, the There will be a cost and some inconvenience Darling Downs, Wide Bay, Burnett, central to obtain approval to move stock, but with our Queensland and north Queensland. It goes modern technology of fax and email, the cost right across many areas and many regions of and inconvenience would be minimal Queensland. In towns throughout those areas, compared to the cost of eradication. the dairy industry provides the economic Cattle tick-free areas of the State must be backbone which supports the entire publicised frequently throughout all avenues of community. Without regulation in the form of the media as properties change hands supply management and farm gate price, it regularly, particularly small blocks, and most of was shown by the Queensland Dairy these owners are not originally from the land Legislation Review Committee when it and must be advised of their obligations to the undertook the National Competition Policy industry. Animals infected by ticks do not review of that industry that many of those thrive. Producers who were against eradicating communities would suffer. ticks in the first place but now do so are amazed at how much better their cattle are For instance, in a town such as Monto, looking. Due to the draining of their blood by the removal of farm gate regulation and the parasites cattle are often weak, and expected decline in farm gate milk prices would see many farms' viability reduced, sometimes if infestation is heavy enough they resulting in farmers leaving the industry. The die. If they contract red water, a disease flow-on effect would be a drop in production carried and delivered by ticks, they either die and a major loss of income, which would or, if treated with Imizol, abort any calves they impact on the town's processing plant, may be carrying. Hence, one can confidently threatening its viability and those jobs that it say that lack of productivity would have been a provides. The further flow-on effect is the major contributing factor instigating the impact of those lost jobs and earnings on eradication programs, both historically and service industries in the town—all those people currently. Out of a number of around 20 head, over a long period who have supported the we lost four adult animals and a season's dairy industry. While Monto is a very localised progeny to red water and its treatment. example, dairy industry authorities point to it as Move easy waybills must be banned, and a similar situation. anyone moving stock must get a permit from a stock inspector. Move easy waybills are Debate, on motion of Mr Rowell, abused by people who are not stockmen or adjourned. women. What is the cost to a producer of dipping and treating ticks? It averages about ADJOURNMENT $5 a head. What is the cost to the Queensland beef industry if ticks are allowed Hon. T. M. MACKENROTH (Chatsworth— to take hold again? Incalculable! Leather ALP) (Leader of the House) (11 p.m.): I scarred by tick bite is rejected. Cattle infected move— with tick are bypassed at sales for clean cattle. "That the House do now adjourn." Ticky cattle are always cleaned of ticks before being put in feed lots. Why? Because they cannot do well with their blood constantly Deer Farming; Timber Industry being drained. One then has to think of the Mrs PRATT (Barambah—IND) (11 p.m.): I possibility of thousands of tick-infested animals am told that deer farming is no longer tightly grazing good grass that could be better used regulated by the Department of Primary for cattle that will utilise that grass, waste we Industries. Some deer farms are near or can ill afford in this drought-prone country. adjacent to tick free or tick-infected country. One could possibly mention the cruelty Without DPI regulations on the permanent factor of tick infestation. Infestation means a impoundment of deer, particularly red deer, slow deprivation of an animal's blood supply, the spread of cattle tick is inevitable if deer or, I suppose more graphically, a slow bleeding 12 Apr 2000 Adjournment 861 to death. It is interesting that I personally have Government can squarely take the blame for. I never heard of RSPCA intervention on tick- ask the Government not to turn its back on infested cattle. I have to ask why. The only them. Do not trample on them and do not people who will benefit by allowing the spread belittle their concerns. John had his life of ticks to continue are the chemical mapped out for many years to come. There companies. One should ask why America was no reason that he and the bank should decided that they should rid their country of not feel secure in the plans they had made. ticks and did so over a period of 100 years in spite of their wild deer. Obviously they thought it destructive enough to warrant that kind of School Road Safety activity. I implore the Minister to enforce the Dr CLARK (Barron River—ALP) regulation on the containment of deer. (11.05 p.m.): A petition from nearly 500 concerned parents and staff of the Peace I now turn to the issue of timberworkers' Lutheran College in my electorate was tabled compensation—there are known mills that in the Parliament at the last sitting of this have not received long-term legally House. I organised and lodged this petition to enforceable wood supply agreements of enable the school community to bring to the logging allocations at their current rate for the attention of this House the urgent need to next 25 years. There are now families install traffic lights at the Harley Street contracted to these mills who are out of work. intersection used every week by hundreds of Why should the families who have borrowed families to access the school from the on what their bank believed was secure long- Brinsmead-Kamerunga Road. Late last year I term employment be penalised because they tabled a petition relating to school safety were employed by one of the mills which did issues from Caravonica school parents not get a grant of a long-term contract? A man because students have to cross the same who found a good, dependable, good paying Brinsmead-Kamerunga Road to access the job was plunged into turmoil with the single school from the existing car park. stroke of a pen by this Government. John still does not know if he is going to be It is no coincidence that road safety compensated, when he is going to be issues have arisen at this time at these two compensated or how he is going to be schools. The common feature in both compensated. John's loan repayments equal instances is the opening of the $20m $2,500 a month. How are these payments to Redlynch deviation section of the Brinsmead- be made now that John is to be put out of Kamerunga Road that has brought enormous work? Because this Government has taken his benefit to residents in the fast growing suburb job away, can we assume the Government will of Redlynch and provides flood-free access take responsibility for the position it has placed into Cairns from the northern beaches for the him in and perhaps repay the loans? I think first time. The value of this road is evidenced not. by the 20% increase in traffic at peak periods, but unfortunately its value for commuters and Because of where John lives, his farm has for traffic utilising what is in fact the Cairns been drought declared since 1994. John's job western bypass has created a hazardous in the timber industry has been supporting the situation for parents and students of these two farm and John has not received a single cent schools. through drought relief. Now, without the benefit of his timber industry job, who is going to The solution to the problems experienced support the property? This Government? I by these schools are different, but both are think not. John's wife said to me, "If the very costly. In the instance of Peace Lutheran Government doesn't properly compensate us, College, installation of traffic lights will provide not only are they taking away our job, they'll be the level of safety needed, while at Caravonica taking away our farm, everything we have in school significant changes in parking one fell swoop." Premier Beattie has stated arrangements for staff, parents and buses will that any worker who wants a job in the timber be required. I am working closely with industry will have a job in the timber industry. Queensland Transport, the Police Service, the But the question many who work in the Department of Main Roads, the Cairns City industry are asking is this: what kind of job and Council and the respective schools to address at what pay? these serious problems. I commend all concerned for their cooperative, constructive Mills with a 25-year guaranteed supply approach to date. In both cases we have already have the staff they need. I ask the initiated short-term measures to alleviate the Premier urgently to offer some answers to the situation somewhat, but we still have a long people in John's position, a position this way to go. 862 Adjournment 12 Apr 2000

With respect to Peace Lutheran School, I the school has identified as necessary to have obtained the cooperation of the improve safety. The Cairns City Council has Stagecoach Bus Company to provide an been very quick to respond to their concerns. I improved bus service to and from the school to am very encouraged by the proposed changes encourage more families from the northern around that school. As I said, I will continue my beaches to use bus transport rather than cars efforts on behalf of all schools in my to get students to school. Negotiations are electorate, because there can be no higher also under way with the White Cars Bus priority than the safety of our schoolchildren. Company to determine the viability of a bus service for the 32 children who travel to school from Kuranda. The police have also been very Father A. Nguyen Huu Le; Land Valuations helpful and have provided advice to me on Mr SANTORO (Clayfield—LP) how to educate parents using the intersection (11.09 p.m.): Last month I had the opportunity to improve road safety. The Department of to meet and have discussions with a Main Roads is currently preparing the design courageous Christian gentleman, Father for the traffic lights at the Harley Street Andrew Nguyen Huu Le, Amnesty intersection so that when funding is available International prisoner of conscience and construction time will be as short as possible. activist in exile for religious freedom in At the Caravonica school, a Safe ST Vietnam. It was a privilege to meet Father Committee has been formed to consider, Andrew, whose personal story is one of firstly, how to improve the use of the existing persecution very much in the early Christian parking space outside the school. The tradition. He was jailed for 13 years by the Department of Transport has employed Vietnamese authorities for being a "reactionary consultants to prepare a number of possible Father" and released in late 1988. In early road layouts that will avoid the need for 1989 he fled to Thailand, from where he students to cross the busy Brinsmead- began what can only be called a world Kamerunga Road. These are being mission. That mission—to win true religious considered by the school committee. I have freedom for Vietnamese of all faiths—is what also organised a meeting with officers from the brought him to Australia and to Queensland Department of Main Roads, the Cairns City last month. Council and the owner of land adjacent to the This country and this State have cordial school to explore options for constructing a car relations with the Government of Vietnam. park on that location which would overcome That is as it must be if we are to be good many of the problems currently being neighbours, and we all want to be good experienced. I am committed to achieving a neighbours. Even more importantly than that, successful resolution to both of these we are good friends of the Vietnamese people problems because there can be no higher both here in Australia, among the communities priority than a child's life. I look forward to the settled here, and in Vietnam itself. We are continuing support of the Cairns City Council citizens of a tolerant and open-minded and the Minister for Transport with respect to country, of a society where the great solving these important school safety issues in democratic rights we take for granted are my electorate. mirrored precisely in the freedoms we have to In the short time remaining, I would also live our lives according to our many codes and like to make mention of another school road to follow the religion of our choice. safety issue in my electorate, this time at Edge Father Andrew, who now lives and works Hill State School, the largest primary school in in New Zealand, bears personal witness to the my electorate. While there are traffic lights at fact that these freedoms of religion do not the Pease Street intersection and school exist in today's Vietnam. I believe his message crossing supervisors, the school community is one that every Australian should hear and want to see a 40 km/h school zone introduced upon which we should resolve to act. Father in this area. I fully support them in their Andrew's visit here was organised by the endeavours. I will be taking the matter up with Vietnamese community in Australia. In the Cairns City Council to seek their support for Queensland he was hosted by Dr C. T. Bui, this initiative, which will further increase safety leader of the local Vietnamese community, a on this busy road. man I am proud to call a friend. Finally, I commend Queensland Transport During our talks on Tuesday, 21 March, and the Cairns City Council for their response an occasion I was very happy to facilitate as to the Machans Beach State School Safe ST the Opposition spokesman for multicultural Committee in introducing a number of affairs, I made it clear to Father Andrew that changes on two roads around the school that Queenslanders do not support intolerance. I 12 Apr 2000 Adjournment 863 made it clear that in this country we value our annual valuations would not necessarily have freedoms and that we value equally the raised an eyebrow. However, in an election freedoms of others. year timing is everything, and the Labor Party Late last year, Father Andrew testified in knows it. Labor knew that by withholding Washington at a hearing on the US State valuations it could avoid a debate about rates Department's First Annual Report on and the fact that under the Soorley International Religious Freedom. His testimony administration rates had risen by a staggering makes disturbing reading. It indicates the 57%. continued presence in Vietnam of This whole event has been an outrageous Government-organised religious repression interference in the process of good that is, to speak plainly about it, an affront to government and it is a real slap in the face to human freedom. I will be pleased to make the residents of Brisbane. I hope that the available upon request a copy of the testimony Premier, the Minister and all those members of Father Andrew for the information of who have been interjecting feel proud of their honourable members. I place on the formal deception. I hope that the Minister for Natural record of this House the sense of privilege I Resources and member for Everton, together feel at having had the opportunity to meet and with all members opposite, is prepared to talk with this fine religious and community- justify his role in this charade to his minded man. constituents. Honourable members opposite obviously feel a deep sense of disgrace and In the time remaining I wish to talk about shame in being part of a deception that was land valuations. The Department of Natural perpetrated on the people of Brisbane recently Resources recently advised Brisbane land- in terms of their land valuations. I am sure that holders of their 2000 annual property the people of Brisbane will remember at the valuations. As always, the distribution of these appropriate time. valuations caused a lot of consumer interest. For my part, I have dealt with several inquiries from constituents who wanted to know how Portrayal of Young People in the Media their valuations were calculated and what Mr KAISER (Woodridge—ALP) grounds they have for lodging an objection. (11.15 p.m.): Tonight I rise to speak about Many of these objections have come from something that occurred in my electorate last older land-holders faced with the prospect of week. A number of students from various high trying to find additional money to pay for schools in the district gathered at Woodridge associated rates increases. High, in an exercise sponsored by National After many years of having to endure Youth Week, to discuss the issue of the sharp increases in their valuations, a lot of my portrayal of young people in the media. The constituents now expect rising valuations and students who participated were from that Lord Mayor Soorley will not miss them at Woodridge High; Loganlea High; my own old rates time. However, there is one thing they do school, Beenleigh State High School; Mabel not accept and should not be forced to Park High; Kingston High; Marsden High and accept—that is, the kind of political Shailer Park High. interference that we witnessed in the Sadly, and a little ironically, no media distribution of this year's valuations. For the showed up for the event. That was despite the first time I can recall since becoming a efforts of me and the principal of Woodridge member of this House, we have witnessed the High, Helen Jamieson. That was unfortunate, Premier and his Minister sticking their collective because the young people who gathered as noses into the valuation process to protect part of the National Youth Week activities did a their political interests and bolster the re- tremendous job of analysing the issues election chances of their Labor Party mate, involved in the portrayal of young people in the Jim Soorley. The mere fact that the Premier media. They did it in a very level-headed and was aware of this scam, and admitted as reasoned way. much in the Sunday Mail, is an indictment on his Government and a clear indication of his The key problem they identified is, I guess, the obvious one—that the media tends double standards when it comes to to stereotype young people. It stereotypes accountability and openness. them as either criminals, binge-drinking louts, Annual land valuations have a significant inconsiderate skateboard riders, lazy or simply impact on the calculation of the general rates, cheats. Who can forget the way the media and the Brisbane City Council is always very savaged Shane Paxton and portrayed him as fast to hit land-holders for extra money. In a lazy or as someone who wanted to cut corners non-election year, the timing and distribution of in life? 864 Adjournment 12 Apr 2000

If the media is not portraying young person who wrote that email. Why does the people as lazy, then it tends to portray young media portray young people in this way? I people as a threat to society. That is despite, think it all has to do with the media operating of course, the very small proportion of young as businesses, as large conglomerates. When people who in fact come in contact with the we consider the competitive pressures on the criminal justice system. An estimate puts it as media and its need to fill the content space of low as 3%, yet 64% of the articles about youth the papers, it becomes fairly obvious that it are about criminal activities perpetrated by resorts to courts and the police as an easy young people. source of copy. When we look at the media as A concern expressed on the day by business, particularly as large business, it young people was that the media contributes becomes apparent why it takes the lazy option to the problem by portraying young people in of portraying young people as criminals and this way. They made the point that young louts in— people tend to accept that this is their role. Mr Lucas: You just don't hear good Of course, the majority of young people news. are not lazy or criminals. I think the gathering Mr KAISER: That is right. As the member during National Youth Week was clear for Lytton says, there is simply no good news evidence of that. In fact, young people are far about young people in the media, and that is more likely to be the victims of crime than they a continuing problem. are to be involved in criminal activity themselves. For example they are four times Time expired. more likely to be the victims of a homicide than they are to be suspects in a homicide Remote Area Power Systems investigation. Mr SEENEY (Callide—NPA) (11.20 p.m.): The other thing I found interesting was I want to bring to the attention of this House that these young people who gathered for this the widespread dissatisfaction in western and discussion had no sympathy for the very small northern Queensland at the Government's proportion of young people involved in criminal proposed remote area power systems. There activity. It is worth pointing out that young is also widespread disbelief and rejection of people are no more tolerant of criminal activity the contention by the Minister for Mines and than are older people. I will read an email sent Energy that property owners will somehow be to me by someone in my electorate. It states better off with these systems rather than being in part— connected to the grid supply via the SWER or "The moment someone commits an single-wire earth return system. offence like stealing, there should be no warnings but the offender should be sent The RAPS systems have been strongly to participate in community service. This is supported by Minister McGrady as an a great punishment, for it requires them to alternative to grid power because he is give back to our community. proposing to fund it mainly from the Commonwealth Government's greenhouse Another great punishment for office. It is a cheap option. It is a cop-out for teenagers would be to shame them the Queensland Labor Government. The out—have them wear a T-shirt saying scheme involves a 50% funding from the what crime they had committed and make Federal greenhouse office with a contribution them wear it for how many days seem capped at $100,000 per unit, a mere 15% necessary. No teenagers like sticking out funding from the State Government capped at like a sore thumb. It would also be the $25,000, leaving the property owners with a most cost-efficient way of dealing with contribution of 35% or $75,000. crime." The land-holder must own or lease the One might imagine that that email came to me system and, under either option, the land- from an elderly citizen or from someone else in holder is left with ongoing operating costs and the community, but it came to me from a 15 maintenance, spare parts and batteries. The year old. I think that amply demonstrates that costs especially pertaining to diesel fuel and good, law-abiding young citizens are no more batteries are certainly not inconsiderable. The tolerant of criminal activity than is anyone else owners must also face eventual replacement in the community. costs or ongoing lease payments. There is Media coverage of young people involved also considerable cost involved in modifying in criminal activity rarely includes the electrical appliances and systems to run from perspective of young people such as the RAPS supplied power. 12 Apr 2000 Adjournment 865

It is not difficult to see that the eventual RAPS becomes a fair and cost-effective cost of power from these RAPS systems will be alternative for power supply. many times greater than power sourced from In conclusion, I cannot do better than the grid. Some estimates put the cost at 20 quote from a letter to the editor written by times the ongoing cost of grid power. The Kelsey Neilson, and published in western reliability of the systems is also very papers last week. In part, the letter reads— questionable, based on the results of the trials conducted to date. I know that the Minister "Mr McGrady's scheme is a smooth and I have received many letters from land- political move which will be seen by urban holders who have trialled the systems setting voters as a solution to a problem about out in detail the very real operational problems which bush people are becoming encountered with these RAPS systems. On increasingly vocal. It will appease the the evidence they have presented after taking green vote as Mr McGrady wins big part in the trials, the RAPS systems must be Federal dollars for alternative power under seen as a very poor second option in terms of the greenhouse gas banner but it is not performance and cost. The problem of the best option for the bush." accessing skilled technicians to carry out all- The RAPS power systems are not the best too-frequent repairs is also a burden to be met option for the bush. They are a cheap cop-out by the owner of the RAPS system. for this State Labor Government. There are a number of points in the Government's position on the RAPS system Men's Info Line that have no credibility under logical examination. It is impossible to justify the use Ms BOYLE (Cairns—ALP) (11.25 p.m.): I of funds from the greenhouse office to fund was pleased to hear of the decision of Premier this expensive, second-rate RAPS scheme. If Peter Beattie and Families Minister Anna Bligh every property currently without power in to launch a telephone support line for men. Queensland were connected to the power grid, Men's Info Line, as it is called, is a dedicated the increase in greenhouse gas emissions free telephone providing information, referral from our major generators would be and counselling services for Queensland men. immeasurably small. It offers advice on relationships, health, and family and domestic violence. If the funds from the greenhouse gas office are to be used for alternate power The Minister has said that Men's Info Line supplies, a major solar power generating site in is about early intervention and prevention. The western Queensland connected to an Minister said— extended grid system would be a more "If we can help men tackle their creditable alternative. Properties could then problems early, we hope to prevent connect to the grid, which would have a power personal and family breakdown." generation source in western Queensland As pleased as I am to see this announcement backed up by the major generators in the east. I am concerned that, if we are serious about If the Government is serious about early intervention and prevention, there is recognising the social justice argument, and more that we need to do. I agree entirely that, serious about putting these people in remote if men were helped to tackle their problems locations on something approaching an equal early, the serious consequences that their footing, the fair option would be to connect problems sometimes lead to for themselves, them to the grid system where it is at all for their families and for society in general may possible. That is unarguably the best option well be averted—at least in substantial part. and the Minister is convincing no-one with his If we think for a moment of the ways in arguments to the contrary. which men in our society signal that they are If the RAPS units are developed to be an not managing modern life, we can see that alternative—and it is clear that they are not at problems for men are widespread. I would the moment—and if there are areas so count in this category the number of male isolated that RAPS is the only alternative, let offenders in prison. I would count amongst them be owned and operated by a power them all those men, young and even older as entity or a private company. The power entity we have recently heard, who have become so should own and operate the RAPS system, depressed that they have committed suicide. I just as it owns and operates the grid system. would also count all those angry men who The Government should recognise and fund have been unemployed for a long period— the community service obligation that would be many of them single and disenchanted entirely necessary to approach a situation where with Governments of all persuasions and with 866 Adjournment 12 Apr 2000 the lives on offer to them. Frequently these men—to combine, to lobby, and to use the men do not have the skills required for today's power they still have and the voices they still labour market, and frequently their age is such have to insist on appropriate men's support that their bodies do not allow a choice of mechanisms. But this appears not to have manually based occupations. occurred—at least not on a large scale. I would count also the marriage—or rather While on the one hand through divorce—statistics through which we see that Queensland Health we have some programs over the last 20 years the proportion of women targeting men's health, and while I hear on the precipitating a marital separation and divorce grapevine that the Minister for Health may has risen steadily. There are many men, it shortly announce some further programs in would seem, who are not measuring up within this area, it is unlikely that this will be enough. their marital relationships. Add to them the The existing situation is such that the health of numbers of men—young, middle-aged and men goes way beyond the mandate of our older—who drink alcohol to excess, and those public health system. Men's health is, at heart, men—not an entirely separate group—who are linked to the very definition by society of what it perpetrators of domestic violence. is to be a man in the 21st century; of what the Most disturbing, however, is the standards are by which fathers should teach their sons; and what actions or characteristics imbalance that is now occurring in academic are those of which a man can be truly proud results in high schools between girls and boys. and be rewarded with respect by society. I As pleased, of course, as I am that young dare suggest to members of this honourable women are embracing a much greater diversity Parliament that there is serious confusion in of interests and skills and occupations than society over the answer to the question of ever before in society, I am one of those what constitutes a good man in this new women who freely admit that it was never, millennium. through the women's movement or otherwise, our intention to limit men, to beat men or to in The Men's Info Line, therefore, is indeed any way leave them behind. Yet that is what to be welcomed, but it is an insufficient service some of the figures on academic performance on its own. Rather, the health and wellbeing of of our boys in high schools are suggesting is men is a social issue and, as such, needs to happening—that increasingly boys are being be addressed far beyond the walls of this left behind. Parliament. This is an issue that men and women right across Queensland singly, in their I have been waiting over these past five families, and in their social organisations need years or so for the men's movement in society to address so that those who are boys now to really take off. I have been waiting for those may grow up proudly to be men. men—men who are angry and who perceive that it is indeed inequitable that there are Motion agreed to. services for women and not services for The House adjourned at 11.30 p.m.