PARLIAMENT OF VICTORIA

PARLIAMENTARY DEBATES (HANSARD)

LEGISLATIVE ASSEMBLY

FIFTY-FIFTH PARLIAMENT

FIRST SESSION

Book 6 5 and 6 November 2003

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

By authority of the Victorian Government Printer

The Governor

JOHN LANDY, AC, MBE

The Lieutenant-Governor

Lady SOUTHEY, AM

The Ministry

Premier and Minister for Multicultural Affairs ...... The Hon. S. P. Bracks, MP

Deputy Premier, Minister for Environment, Minister for Water and Minister for Victorian Communities...... The Hon. J. W. Thwaites, MP

Minister for Finance and Minister for Consumer Affairs...... The Hon. J. Lenders, MLC

Minister for Education Services and Minister for Employment and Youth Affairs...... The Hon. J. M. Allan, MP

Minister for Transport and Minister for Major Projects...... The Hon. P. Batchelor, MP

Minister for Local Government and Minister for Housing...... The Hon. C. C. Broad, MLC

Treasurer, Minister for Innovation and Minister for State and Regional Development...... The Hon. J. M. Brumby, MP

Minister for Agriculture...... The Hon. R. G. Cameron, MP

Minister for Planning, Minister for the Arts and Minister for Women’s Affairs...... The Hon. M. E. Delahunty, MP

Minister for Community Services...... The Hon. S. M. Garbutt, MP

Minister for Police and Emergency Services and Minister for Corrections...... The Hon. A. Haermeyer, MP

Minister for Manufacturing and Export and Minister for Financial Services Industry ...... The Hon. T. J. Holding, MP

Attorney-General, Minister for Industrial Relations and Minister for Workcover...... The Hon. R. J. Hulls, MP

Minister for Aged Care and Minister for Aboriginal Affairs...... The Hon. Gavin Jennings, MLC

Minister for Education and Training...... The Hon. L. J. Kosky, MP

Minister for Sport and Recreation and Minister for Commonwealth Games...... The Hon. J. M. Madden, MLC

Minister for Gaming, Minister for Racing, Minister for Tourism and Minister assisting the Premier on Multicultural Affairs...... The Hon. J. Pandazopoulos, MP

Minister for Health ...... The Hon. B. J. Pike, MP

Minister for Energy Industries and Minister for Resources ...... The Hon. T. C. Theophanous, MLC

Minister for Small Business and Minister for Information and Communication Technology...... The Hon. M. R. Thomson, MLC

Cabinet Secretary...... Mr R. W. Wynne, MP

Legislative Assembly Committees

Privileges Committee — Mr Cooper, Mr Herbert, Mr Honeywood, Ms Lindell, Mr Lupton, Mr Maughan, Mr Nardella, Mr Perton and Mr Stensholt.

Standing Orders Committee — The Speaker, Ms Campbell, Mr Dixon, Mr Helper, Mr Loney, Mr Perton and Mrs Powell.

Joint Committees

Drugs and Crime Prevention Committee — (Assembly): Mr Cooper, Ms Marshall, Mr Maxfield, Dr Sykes and Mr Wells. (Council): The Honourables C. D. Hirsh and S. M. Nguyen.

Economic Development Committee — (Assembly): Mr Delahunty, Mr Jenkins, Ms Morand and Mr Robinson. (Council): The Honourables B. N. Atkinson and R. H. Bowden, and Mr Pullen.

Education and Training Committee — (Assembly): Ms Eckstein, Mr Herbert, Mr Kotsiras, Ms Munt and Mr Perton. (Council): The Honourables H. E. Buckingham and P. R. Hall.

Environment and Natural Resources Committee — (Assembly): Ms Duncan, Ms Lindell and Mr Seitz. (Council): The Honourables Andrea Coote, D. K. Drum, J. G. Hilton and W. A. Lovell.

Family and Community Development Committee — (Assembly): Ms McTaggart, Ms Neville, Mrs Powell Mrs Shardey and Mr Wilson. (Council): The Hon. D. McL. Davis and Mr Smith.

House Committee — (Assembly): The Speaker (ex officio), Mr Cooper, Mr Leighton, Mr Lockwood, Mr Maughan, Mr Savage and Mr Smith. (Council): The President (ex officio), the Honourables B. N. Atkinson and Andrew Brideson, Ms Hadden and the Honourables J. M. McQuilten and S. M. Nguyen.

Law Reform Committee — (Assembly): Ms Beard, Mr Hudson, Mr Lupton and Mr Maughan. (Council): The Honourables Andrew Brideson and R. Dalla-Riva, and Ms Hadden.

Library Committee — (Assembly): The Speaker, Mr Carli, Mrs Powell, Mr Seitz and Mr Thompson. (Council): The President, Ms Argondizzo and the Honourables R. Dalla-Riva, Kaye Darveniza and C. A. Strong.

Outer Suburban/Interface Services and Development Committee — (Assembly): Mr Baillieu, Ms Buchanan, Mr Dixon, Mr Nardella and Mr Smith. (Council): Mr Scheffer and Mr Somyurek.

Public Accounts and Estimates Committee — (Assembly): Ms Campbell, Mr Clark, Mr Donnellan, Ms Green and Mr Merlino. (Council): The Honourables W. R. Baxter, Bill Forwood and G. K. Rich-Phillips, and Ms Romanes.

Road Safety Committee — (Assembly): Mr Harkness, Mr Langdon, Mr Mulder and Mr Trezise. (Council): The Honourables B. W. Bishop, J. H. Eren and E. G. Stoney.

Rural and Regional Services and Development Committee — (Assembly): Mr Crutchfield, Mr Hardman, Mr Ingram, Dr Napthine and Mr Walsh. (Council): The Honourables J. M. McQuilten and R. G. Mitchell.

Scrutiny of Acts and Regulations Committee — (Assembly): Ms D’Ambrosio, Mr Jasper, Mr Leighton, Mr Lockwood, Mr McIntosh, Mr Perera and Mr Thompson. (Council): Ms Argondizzo and the Hon. A. P. Olexander.

Heads of Parliamentary Departments Assembly — Clerk of the Parliaments and Clerk of the Legislative Assembly: Mr R. W. Purdey Council — Clerk of the Legislative Council: Mr W. R. Tunnecliffe Hansard — Chief Reporter: Ms C. J. Williams Library — Librarian: Ms G. Dunston Joint Services — Director, Corporate Services: Mr S. N. Aird Director, Infrastructure Services: Mr G. C. Spurr

MEMBERS OF THE LEGISLATIVE ASSEMBLY

FIFTY-FIFTH PARLIAMENT — FIRST SESSION

Speaker: The Hon. JUDY MADDIGAN Deputy Speaker and Chair of Committees: Mr P. J. LONEY Temporary Chairs of Committees: Ms Barker, Ms Campbell, Mr Delahunty, Mr Ingram, Mr Jasper, Mr Kotsiras, Ms Lindell, Mr Nardella, Mr Plowman, Mr Savage, Mr Seitz, Mr Smith and Mr Thompson Leader of the Parliamentary Labor Party and Premier: The Hon. S. P. BRACKS Deputy Leader of the Parliamentary Labor Party and Deputy Premier: The Hon. J. W. THWAITES Leader of the Parliamentary Liberal Party and Leader of the Opposition: Mr R. K. B. DOYLE Deputy Leader of the Parliamentary Liberal Party and Deputy Leader of the Opposition: The Hon. P. N. HONEYWOOD Leader of the Parliamentary National Party: Mr P. J. RYAN Deputy Leader of the Parliamentary National Party: Mr P. L. WALSH

Member District Party Member District Party

Allan, Ms Jacinta Marie Bendigo East ALP Languiller, Mr Telmo Ramon Derrimut ALP Andrews, Mr Daniel Michael Mulgrave ALP Leighton, Mr Michael Andrew Preston ALP Asher, Ms Louise Brighton LP Lim, Mr Hong Clayton ALP Baillieu, Mr Edward Norman Hawthorn LP Lindell, Ms Jennifer Margaret Carrum ALP Barker, Ms Ann Patricia Oakleigh ALP Lobato, Ms Tamara Louise Gembrook ALP Batchelor, Mr Peter Thomastown ALP Lockwood, Mr Peter John Bayswater ALP Beard, Ms Dympna Anne Kilsyth ALP Loney, Mr Peter James Lara ALP Beattie, Ms Elizabeth Jean Yuroke ALP Lupton, Mr Anthony Gerard Prahran ALP Bracks, Mr Stephen Phillip Williamstown ALP McIntosh, Mr Andrew John Kew LP Brumby, Mr John Mansfield Broadmeadows ALP McTaggart, Ms Heather Evelyn ALP Buchanan, Ms Rosalyn Hastings ALP Maddigan, Mrs Judith Marilyn Essendon ALP Cameron, Mr Robert Graham Bendigo West ALP Marshall, Ms Kirstie Forest Hill ALP Campbell, Ms Christine Mary Pascoe Vale ALP Maughan, Mr Noel John Rodney NP Carli, Mr Carlo Brunswick ALP Maxfield, Mr Ian John Narracan ALP Clark, Mr Robert William Box Hill LP Merlino, Mr James Monbulk ALP Cooper, Mr Robert Fitzgerald Mornington LP Mildenhall, Mr Bruce Allan Footscray ALP Crutchfield, Mr Michael Paul South Barwon ALP Morand, Ms Maxine Veronica Mount Waverley ALP D’Ambrosio, Ms Liliana Mill Park ALP Mulder, Mr Terence Wynn Polwarth LP Delahunty, Mr Hugh Francis Lowan NP Munt, Ms Janice Ruth Mordialloc ALP Delahunty, Ms Mary Elizabeth Northcote ALP Napthine, Dr Denis Vincent South-West Coast LP Dixon, Mr Martin Francis Nepean LP Nardella, Mr Donato Antonio Melton ALP Donnellan, Mr Luke Anthony Narre Warren North ALP Neville, Ms Lisa Mary Bellarine ALP Doyle, Robert Keith Bennett Malvern LP Overington, Ms Karen Marie Ballarat West ALP Duncan, Ms Joanne Therese Macedon ALP Pandazopoulos, Mr John Dandenong ALP Eckstein, Ms Anne Lore Ferntree Gully ALP Perera, Mr Jude Cranbourne ALP Garbutt, Ms Sherryl Maree Bundoora ALP Perton, Mr Victor John Doncaster LP Gillett, Ms Mary Jane Tarneit ALP Pike, Ms Bronwyn Jane Melbourne ALP Green, Ms Danielle Louise Yan Yean ALP Plowman, Mr Antony Fulton Benambra LP Haermeyer, Mr André Kororoit ALP Powell, Mrs Elizabeth Jeanette Shepparton NP Hardman, Mr Benedict Paul Seymour ALP Robinson, Mr Anthony Gerard Mitcham ALP Harkness, Mr Alistair Ross Frankston ALP Ryan, Mr Peter Julian Gippsland South NP Helper, Mr Jochen Ripon ALP Savage, Mr Russell Irwin Mildura Ind Herbert, Mr Steven Ralph Eltham ALP Seitz, Mr George Keilor ALP Holding, Mr Timothy James Lyndhurst ALP Shardey, Mrs Helen Jean Caulfield LP Honeywood, Mr Phillip Neville Warrandyte LP Smith, Mr Kenneth Maurice Bass LP Howard, Mr Geoffrey Kemp Ballarat East ALP Stensholt, Mr Robert Einar Burwood ALP Hudson, Mr Robert John Bentleigh ALP Sykes, Dr William Everett Benalla NP Hulls, Mr Rob Justin Niddrie ALP Thompson, Mr Murray Hamilton Ross Sandringham LP Ingram, Mr Craig Gippsland East Ind Thwaites, Mr Johnstone William Albert Park ALP Jasper, Mr Kenneth Stephen Murray Valley NP Trezise, Mr Ian Douglas Geelong ALP Jenkins, Mr Brendan James Morwell ALP Walsh, Mr Peter Lindsay Swan Hill NP Kosky, Ms Lynne Janice Altona ALP Wells, Mr Kimberley Arthur Scoresby LP Kotsiras, Mr Nicholas Bulleen LP Wilson, Mr Dale Lester Narre Warren South ALP Langdon, Mr Craig Anthony Cuffe Ivanhoe ALP Wynne, Mr Richard William Richmond ALP

CONTENTS

WEDNESDAY, 5 NOVEMBER 2003 QUESTIONS WITHOUT NOTICE Hospitals: funding...... 1509 BUSINESS OF THE HOUSE Holden: engine plant ...... 1510 Divisions: procedure...... 1471 Hospitals: rural and regional...... 1510 Program ...... 1475 Business: investment...... 1511 PERSONAL EXPLANATION ...... 1471 Police: speed cameras ...... 1512, 1513 Workcover: small business ...... 1512 PARLIAMENTARY COMMITTEES BILL Major events: economic impact ...... 1513 Introduction and first reading...... 1471 Duck hunting...... 1514 GAMBLING REGULATION BILL Rail: Linking Victoria strategy...... 1514 Introduction and first reading...... 1471 FAIR TRADING (FURTHER AMENDMENT) BILL SHOP TRADING REFORM (SIMPLIFICATION) BILL Second reading ...... 1524 Introduction and first reading...... 1471 STATE TAXATION ACTS (FURTHER FIREARMS (AMENDMENT) BILL MISCELLANEOUS AMENDMENTS) BILL Introduction and first reading...... 1472 Second reading ...... 1531, 1537 CRIMES (MONEY LAUNDERING) BILL DISTINGUISHED VISITOR ...... 1537 Introduction and first reading...... 1472 PROFESSIONAL STANDARDS BILL PETITIONS Second reading ...... 1540 Rail: Bendigo line...... 1472 ROAD SAFETY (AMENDMENT) BILL Disability services: schools...... 1472 Second reading ...... 1550 PAPERS...... 1472 ACCIDENT COMPENSATION AND TRANSPORT MEMBERS STATEMENTS ACCIDENT ACTS (AMENDMENT) BILL Diwali Festival ...... 1476 Second reading ...... 1561 Beaumaris Football Club...... 1476 ADJOURNMENT Racing: Cranbourne training complex...... 1476 Taxis: multipurpose program...... 1568, 1570, 1571 Liquefied petroleum gas: conversion incentives ...... 1476 Manufacturing: northern suburbs...... 1569 Environment: plastic bags ...... 1477 Trams: ticket infringement...... 1569 Heritage Council: composition...... 1477 Schools: bullying...... 1570 Boroondara: councillors...... 1477 Tourism: regional events...... 1571 Water: utility management...... 1478 Calder Freeway: access ...... 1571 Anne Williams ...... 1478 Exports: Thailand free trade agreement ...... 1572 Foxes: control ...... 1478 Building industry: home renovator ...... 1572 Chinese Settlement in Darebin ...... 1478 Responses...... 1573 Cliff Young...... 1479 Angliss Hospital: community and staff awards...... 1479 Australian mountain bike championships ...... 1479 THURSDAY, 6 NOVEMBER 2003 Ukraine: famine commemoration...... 1480 Mitcham–Frankston freeway: tolls...... 1480 PETITIONS Geelong: Lyons Construction...... 1480 Knox: rates...... 1579 Westbreen Primary School: 80th anniversary ...... 1481 Chisholm Institute of TAFE: child-care facilities .... 1579 Sisters of Mercy, Coburg: centenary...... 1481 Point Nepean–Truemans roads, Tootgarook: Yarra Valley Food and Wine Day ...... 1481 safety ...... 1579 Surf Coast: dog control...... 1481 PAPERS...... 1579 MATTER OF PUBLIC IMPORTANCE BUSINESS OF THE HOUSE Point Nepean: future...... 1482 Adjournment...... 1580 RULINGS BY THE CHAIR MEMBERS STATEMENTS Committee reports...... 1501 Geelong Breastscreen: 10th anniversary...... 1580 PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE Shop trading hours: Easter Sunday...... 1581 Budget estimates...... 1502 1st Mount Evelyn scout group ...... 1581 ROAD SAFETY COMMITTEE HM Prison Won Wron: future...... 1581 Older road users ...... 1502, 1505 Melbourne Airport: international award...... 1581 ECONOMIC DEVELOPMENT COMMITTEE Warrnambool Hospital: facilities...... 1582 Export opportunities for rural industries...... 1504, 1506 Association of Ukrainians in Victoria: Noble Park anniversary ...... 1582 EMERALD TOURIST RAILWAY (AMENDMENT) Innovation Economy Advisory Board: BILL composition...... 1582 Second reading...... 1507, 1515 Ballarat Spring Fest...... 1583 Remaining stages ...... 1524 CONTENTS

Taxis: multipurpose program ...... 1583 ADJOURNMENT Australian Broadcasting Corporation: future...... 1583 Rosebud Hospital: bed closures ...... 1635 Shepparton Apex Club: fundraising record...... 1584 Korean War veterans: state reception...... 1636 Mordialloc-Mentone Lions Club ...... 1584 Hail damage: government assistance...... 1636 Cec Burgin...... 1585 Jewish community: security...... 1637 Northern Mauritian Seniors Club: Small business: construction zones ...... 1637 10th anniversary ...... 1585 Pelican Pantry, Hastings: funding ...... 1638 Narracan: anniversaries...... 1585 Local government: fire services levy...... 1639 George Wilson...... 1586 Police–Jacksons roads, Mulgrave: lighting...... 1639 John McManus...... 1586 Goulburn Region Preschool Association: Balibo Flag House, East Timor ...... 1586 funding ...... 1640 Geelong: Worksafe Week...... 1587 Melton: festival promotion...... 1640 Relay for Life: Latrobe Valley...... 1587 Responses ...... 1641 ACCIDENT COMPENSATION AND TRANSPORT ACCIDENT ACTS (AMENDMENT) BILL Second reading...... 1587, 1635 QUESTIONS ON NOTICE Remaining stages...... 1635 Wednesday, 5 November 2003 GAMBLING REGULATION BILL Second reading...... 1594 76(e). Attorney-General: CPR PARLIAMENTARY COMMITTEES BILL Communications and Public Second reading...... 1606 Relations Pty Ltd...... 1645 SHOP TRADING REFORM (SIMPLIFICATION) BILL 221. Police and emergency services: traffic Second reading...... 1607 accident deaths and injuries ...... 1645 FIREARMS (AMENDMENT) BILL 238(h). Corrections: Haystac Public Affairs Second reading...... 1609 Pty Ltd ...... 1645 238(q). Financial services industry: Haystac CRIMES (MONEY LAUNDERING) BILL Public Affairs Pty Ltd...... 1646 Second reading...... 1609 238(w). Innovation: Haystac Public Affairs Pty FAIR TRADING (FURTHER AMENDMENT) BILL Ltd...... 1646 Second reading...... 1611, 1623 238(y). Manufacturing and export: Haystac Committee...... 1627 Public Affairs Pty Ltd...... 1647 Circulated amendment...... 1634 238(ac). Police and emergency services: Remaining stages...... 1634 Haystac Public Affairs Pty Ltd ...... 1647 PROFESSIONAL STANDARDS BILL 238(ad). State and regional development: Second reading...... 1611, 1623, 1634 Haystac Public Affairs Pty Ltd ...... 1647 Third reading...... 1634 239(h). Corrections: Social Shift Pty Ltd ...... 1648 Remaining stages...... 1634 239(q). Financial services industry: Social QUESTIONS WITHOUT NOTICE Shift Pty Ltd...... 1648 Government: submission and response 239(w). Innovation: Social Shift Pty Ltd ...... 1649 guidelines ...... 1615, 1621 239(y). Manufacturing and export: Social Shift Community Support Fund: grants ...... 1616 Pty Ltd ...... 1649 Alpine grazing: licences...... 1616 239(ac). Police and emergency services: Social Courts: discoverable documents investigation...... 1617 Shift Pty Ltd...... 1649 Police: performance indicators ...... 1617 239(ad). State and regional development: Social Victorian certificate of applied learning: Shift Pty Ltd...... 1650 implementation...... 1618 Disability services: autism spectrum disorder ...... 1619 Schools: capital works upgrades ...... 1619 Thursday, 6 November 2003 Hospitals: rural and regional ...... 1622 231. Environment: Mornington Peninsula Education and Training: staffing...... 1623 National Park budget...... 1651 STATE TAXATION ACTS (FURTHER 238(f). Consumer affairs: Haystac Public MISCELLANEOUS AMENDMENTS) BILL Affairs Pty Ltd ...... 1651 Second reading...... 1634 239(f). Consumer affairs: Social Shift Pty Ltd ...... 1652 Remaining stages...... 1634 ROAD SAFETY (AMENDMENT) BILL Second reading...... 1634 MEMBERS INDEX...... i Circulated amendments...... 1635 Remaining stages...... 1635 BUSINESS OF THE HOUSE

Wednesday, 5 November 2003 ASSEMBLY 1471

Wednesday, 5 November 2003 Mr Cooper — The point of order, Speaker, is that the personal explanation avoids the issue and fails to The SPEAKER (Hon. Judy Maddigan) took the chair at answer why he misled the house. 9.33 a.m. and read the prayer. The SPEAKER — Order! There is no point of order. BUSINESS OF THE HOUSE

Divisions: procedure PARLIAMENTARY COMMITTEES BILL

The SPEAKER — Order! I wish to advise the Introduction and first reading house that as part of the division procedure trial, this week I will ask the Clerk to call the Independent Mr CAMERON (Minister for Agriculture) — I members and representatives from each party to report move: their votes in ascending order based on the size of the That I have leave to bring in a bill to establish certain parties in the division. This is to enable the larger parliamentary committees, to set out the functions, powers parties, particularly the government, sufficient time to and procedures of certain parliamentary committees and to count and confirm numbers before reporting them to repeal the Parliamentary Committees Act 1968 and for other the house. It has been discussed with the party whips. purposes. Mr PERTON (Doncaster) — I ask the minister to PERSONAL EXPLANATION give a brief explanation of the bill.

Mr HAERMEYER (Minister for Police and Mr CAMERON (Minister for Agriculture) (By Emergency Services) — On Thursday, 30 October, in leave) — This follows the government’s consideration responding to a question during question time I of a report by the Scrutiny of Acts and Regulations inadvertently stated that the only change made by this Committee. As a result of that consideration it was seen government to the contract with Tenix for the provision as desirable to introduce this bill. of mobile speed camera services was ‘to raise the Motion agreed to. high-jump bar from 70 per cent to 85 per cent’. Read first time. Whilst performance bonuses were a feature of the contract entered into by the previous government, when this government varied the Kennett government’s GAMBLING REGULATION BILL contract with Tenix the high-jump bar for productivity payments was in fact raised from 75 per cent to 78 per Introduction and first reading cent. The quid pro quo for making the performance targets harder to achieve was to raise the percentage Mr PANDAZOPOULOS (Minister for Gaming) introduced a bill to re-enact and consolidate the law value of the performance payment from 1 per cent to relating to various forms of gambling, to establish a 2 per cent. Victorian Commission for Gambling Regulation, to amend the Casino Control Act 1991 and other acts, to Whilst the regime for productivity payments to Tenix repeal eight acts relating to gambling and for other remains consistent with that negotiated by the Kennett purposes. government, the formula has been revised to improve performance. The value to Tenix of performance Read first time. payments plus penalties could be greater or less than under the previous formula, depending upon its performance. SHOP TRADING REFORM (SIMPLIFICATION) BILL Mr Cooper — On a point of order, Speaker, having listened to the minister’s personal explanation I find it Introduction and first reading strange that he avoided saying that he actually signed the contract and therefore knew — — Mr BRUMBY (Treasurer) — I move: That I have leave to bring in a bill to amend the Shop Trading The SPEAKER — Order! What is the point of Reform Act 1996 to simplify the management and order? enforcement of shop trading in Victoria and for other purposes. FIREARMS (AMENDMENT) BILL

1472 ASSEMBLY Wednesday, 5 November 2003

Mr RYAN (Leader of the National Party) — Could PETITIONS I have a brief explanation from the minister in relation to the bill? Specifically, does it touch on Easter trading? Following petitions presented to house:

Mr BRUMBY (Treasurer) (By leave) — The intent Rail: Bendigo line of the bill is to simplify the management and To the Honourable the Speaker and members of the enforcement of shop trading arrangements in Victoria. Legislative Assembly in Parliament assembled:

Motion agreed to. The humble petition of the following residents of the state of Victoria sheweth that there is currently a proposal to reduce Read first time. the number of rail tracks between Kyneton and Bendigo from two to one and not to use gauge-convertible sleepers in any upgrading. FIREARMS (AMENDMENT) BILL Your petitioners therefore pray that the Victorian government retains the double track between Kyneton and Bendigo and Introduction and first reading ensures that any sleepers ordered for the upgrading of the Watergardens to Bendigo rail line are capable of being gauge Mr HAERMEYER (Minister for Police and converted. Emergency Services) — I move: And your petitioners, as in duty bound, will ever pray. That I have leave to bring in a bill to amend the Firearms Act 1996 and for other purposes. By Mr LANGDON (Ivanhoe) (730 signatures) Mr WELLS (Scoresby) — Could the minister give Disability services: schools a brief outline of the bill? To the Legislative Assembly of Victoria:

Mr HAERMEYER (Minister for Police and The petition of residents of Victoria draws to the attention of Emergency Services) (By leave) — The major purpose the house that the Victorian Labor state government is of the bill is to clarify classes of firearms. threatening to reduce funds to disabled school students. This will result in larger classes in specialist schools, a reduction in Motion agreed to. quality programs, fewer staff. Students attending local primary and secondary schools will also be affected by cuts to Read first time. funding. We as residents of Victoria wish to know the reasons behind reducing funds and services to disabled school students and protest at the lack of consultation throughout this CRIMES (MONEY LAUNDERING) BILL process. By signing this petition you are saying ‘no cuts to the funding Introduction and first reading of disabled students in Victoria’.

Mr HULLS (Attorney-General) — I move: Prayer

That I have leave to bring in a bill to amend the Crimes Act The petitioners therefore request that the Legislative 1958, the Confiscation Act 1997 and the Surveillance Assembly of Victoria maintain the current level of funding to Devices Act 1999 and for other purposes. each student on the disability and impairments program. Mr McINTOSH (Kew) — I would just ask the By Ms DUNCAN (Macedon) (639 signatures) minister for a brief explanation. Laid on table.

Mr HULLS (Attorney-General) (By leave) — This Ordered that petition presented by honourable member bill will tighten up money-laundering offences in this for Ivanhoe be considered next day on motion of state and also will introduce some new Mr MULDER (Polwarth). money-laundering offences in line with an agreement that was reached by the premiers and the Prime Minister at a Council of Australian Governments PAPERS meeting some time ago. Laid on table by Clerk: Motion agreed to. Accident Compensation Conciliation Service — Report for Read first time. the year 2002–03 Adult, Community and Further Education Board — Report for the year 2002–03 PAPERS

Wednesday, 5 November 2003 ASSEMBLY 1473

Albury-Wodonga (Victoria) Corporation — Report for the Education and Training, Department of — Report for the year year 2002–03 2002–03

Alpine Health — Report for the year 2002–03 (three papers) Emerald Tourist Railway Board — Report for the year 2002–03 Architects Registration Board of Victoria — Report for the year 2002–03 Film Victoria — Report for the year 2002–03

Austin Health — Report for the year 2002–03 (two papers) Financial Management Act 1994:

Australian Centre for the Moving Image — Report for the Reports from the Minister for Health that she had year 2002–03 received the 2002–03 annual reports of the:

Australian Food Industry Science Centre — Report for the Alexandra District Hospital year 2002–03 Boort District Hospital Australian Grand Prix Corporation — Report for the year Coleraine District Health Service 2002–03 Food Safety Council Bairnsdale Regional Health Service — Report for the year Health Purchasing Victoria 2002–03 (two papers) Hesse Rural Health Service Ballarat Health Services — Report for the year 2002–03 Inglewood and District Health Service Barwon Health — Report for the year 2002–03 Lorne Community Hospital Maldon Hospital Bass Coast Regional Health — Report for the year 2002–03 (three papers) Manangatang and District Hospital

Bayside Health — Report for the year 2002–03 McIvor Health and Community Services Mental Health Review Board Benalla and District Memorial Hospital — Report for the year 2002–03(two papers) Nathalia District Hospital Omeo District Hospital Bendigo Health Care Group — Report for the year 2002–03 Osteopaths Registration Board Bethlehem Health Care Melbourne Incorporated — Report Pharmacy Board of Victoria for the period ended 26 June 2003 (two papers) Physiotherapists Registration Board of Victoria Border Groundwaters Agreement Review Committee — Podiatrists Registration Board of Victoria Report for the year 2002–03 Psychosurgery Review Board Building Commission — Report for the year 2002–03 South West Healthcare Casterton Memorial Hospital — Report for the year 2002–03 The Otway Health and Community Services Central Gippsland Health Service — Report for the year Timboon and District Healthcare Service 2002–03 Tweddle Child and Family Health Service Cobram District Hospital — Report for the year 2002–03 Yea and District Memorial Hospital (two papers) Reports from the Minister for Planning that she had Cohuna District Hospital — Report for the year 2002–03 received the 2002–03 annual reports of the: (two papers) Shrine of Remembrance Trustees Colac Area Health — Report for the year 2002–03 Yarra Bend Park Trust

Corangamite Catchment Management Authority — Report Fisheries Co-Management Council — Report for the year for the year 2002–03 2002–03

Djerriwarrh Health Services — Report for the year 2002–03 Gippsland Southern Health Service — Report for the year (two papers) 2002–03 (three papers)

East Gippsland Catchment Management Authority — Report Glenelg Hopkins Catchment Management Authority — for the year 2002–03 Report for the year 2002–03 (three papers)

Eastern Health — Report for the year 2002–03 Goulburn Broken Catchment Management Authority — Report for the year 2002–03 Echuca Regional Health — Report for the year 2002–03 (two papers) Goulburn Valley Health — Report for the year 2002–03 PAPERS

1474 ASSEMBLY Wednesday, 5 November 2003

Hepburn Health Service — Report for the year 2002–03 Numurkah District Health Service — Report for the year 2002–03 (three papers) Heritage Council — Report for the year 2002–03 (two papers) Nurses Board of Victoria — Report for the year 2002–03 (two papers) Heywood Rural Health — Report for the year 2002–03 Orbost Regional Health — Report for the year 2002–03 Infertility Treatment Authority — Report for the year (three papers) 2002–03 Peninsula Health — Report for the year 2002–03 Innovation, Industry and Regional Development, Department of — Report for the year 2002–03 Peter MacCallum Cancer Institute — Report for the year 2002–03 Intellectual Disability Review Panel — Report for the year 2002–03 Phillip Island Nature Park Board of Management — Report for the year 2002–03 (two papers) Justice, Department of — Report for the year 2002–03 Planning and Environment Act 1987 — Notices of approval Kilmore and District Hospital — Report for the year 2002–03 of amendments to the following Planning Schemes: (two papers) Benalla Planning Scheme — No C1 Kooweerup Regional Health Service — Report for the year 2002–03 (two papers) Corangamite Planning Scheme — No C9 Greater Shepparton Planning Scheme — No C36 Kyabram and District Health Services — Report for the year 2002–03 Indigo Planning Scheme — No C18 Manningham Planning Scheme — No C34 Kyneton District Health Service — Report for the year 2002–03 Maribyrnong Planning Scheme — No C14 Part 2 Melton Planning Scheme — No C40 Library Board of Victoria — Report for the year 2002–03 Moorabool Planning Scheme — No C25 Mallee Catchment Management Authority — Report for the year 2002–03 Plumbing Industry Commission — Report for the year 2002–03 Mallee Track Health and Community Service — Report for the year 2002–03 Port Phillip and Westernport Catchment Management Authority — Report for the year 2002–03 Maryborough District Health Service — Report for the year 2002–03 (two papers) Portland and District Hospital — Report for the year 2002–03

Melbourne 2006 Commonwealth Games Pty Ltd — Report Premier and Cabinet, Department of — Report for the year for the year 2002–03 2002–03

Melbourne Convention and Exhibition Trust — Report for Primary Industries, Department of — Report for the year the year 2002–03 2002–03

Melbourne Market Authority — Report for the year 2002–03 Prince Henry’s Institute of Medical Research — Report for the 18 month period ended 30 June 2003 (two papers) Mental Health Act 1986 — Report of the Community Visitors for the year 2002–03 Queen Elizabeth Centre — Report for the year 2002–03 (two papers) Mercy Public Hospital Incorporated — Report for the year 2002–03 (two papers) Regional Development Victoria — Report for the year 2002–03 Mount Alexander Hospital — Report for the year 2002–03 Residential Tenancies Bond Authority — Report for the year Moyne Health Services — Report for the year 2002–03 (two 2002–03 papers) Rochester and Elmore District Health Service — Report for North Central Catchment Management Authority — Report the year 2002–03 (two papers) for the year 2002–03 Royal Victorian Eye and Ear Hospital — Report for the year North East Catchment Management Authority — Report for 2002–03 the year 2002–03 (two papers) Seymour and District Memorial Hospital — Report for the Northeast Health Wangaratta — Report for the year 2002–03 year 2002–03

Northern Health — Report for the year 2002–03 Southern Health — Report for the year 2002–03 BUSINESS OF THE HOUSE

Wednesday, 5 November 2003 ASSEMBLY 1475

St Vincent’s Health — Report for the year 2002–03 (four BUSINESS OF THE HOUSE papers)

Survey Co-ordination Act 1958 — Report of the Program Surveyor-General for the year 2002–03 Mr CAMERON (Minister for Agriculture) — I Sustainable Energy Authority Victoria — Report for the year move: 2002–03 That, pursuant to sessional order 6(2), the orders of the day, Swan Hill District Hospital — Report for the year 2002–03 government business, relating to the following bills be (two papers) considered and completed by 4.00 p.m. on Thursday, 6 November 2003: Terang and Mortlake Health Service — Report for the year 2002–03 Accident Compensation And Transport Accident Acts (Amendment) Bill Tourism Victoria — Report for the year 2002–03 Emerald Tourist Railway (Amendment) Bill Upper Murray Health and Community Services — Report for the year 2002–03 (two papers) Fair Trading (Further Amendment) Bill Professional Standards Bill Victoria Legal Aid — Report for the year 2002–03 Road Safety (Amendment) Bill Victorian Communities, Department of — Report for the year State Taxation Acts (Further Miscellaneous 2002–03 Amendments) Bill. Victorian Curriculum and Assessment Authority — Report for the year 2002–03 This is the program for the week setting out the bills. These six bills are the issues we seek to have discussed Victorian Health Promotion Foundation — Report for the and passed through the government business program year 2002–03 at 4.00 p.m. on Thursday. Victorian Institute of Forensic Mental Health — Report for the year 2002–03 Mr PERTON (Doncaster) — The opposition does not oppose the government’s business program, but Victorian Institute of Teaching — Report for the period obviously we hope it will be run in a way that enables 20 June 2002 to 30 June 2003 sufficient debate on the bills of substance. Victorian Learning and Employment Skills Commission — Report for the year 2002–03 I have indicated to the acting Leader of Government Business that the opposition will be seeking a Victorian Multicultural Commission — Report for the year committee stage on the Fair Trading (Further 2002–03 Amendment) Bill, and I hope that can be Victorian Privacy Commissioner — Report of the Office for accommodated. My suspicion is that both sides of the the year 2002–03 — Ordered to be printed house and the National Party will probably have a number of significant things to say about the Accident Victorian Qualifications Authority — Report for the year 2002–03 Compensation and Transport Accident Acts (Amendment) Bill, as well as the Road Safety West Gippsland Catchment Management Authority — (Amendment) Bill and the Professional Standards Bill. Report for the year 2002–03 (two papers)

Western Health — Report for the year 2002–03 Provided that debate is undertaken in a cordial way, this business program is manageable. But as I have Wimmera Catchment Management Authority — Report for indicated to the government, we will be seeking a the year 2002–03 (two papers) committee stage on the Fair Trading (Further Wodonga Regional Health Service — Report for the year Amendment) Bill. 2002–03 (five papers) Mr MAUGHAN (Rodney) — The National Party Women’s and Children’s Health Service — Report for the will not be opposing the government’s business year 2002–03 program, and with the usual degree of cooperation we Yarram and District Health Service — Report for the year have been able to demonstrate we should be able to 2002–03 (two papers) accommodate the Liberal Party’s needs and get through the business program by 4.00 p.m. on Thursday. Yarrawonga District Health Service — Report for the year 2002–03 (two papers). Motion agreed to. MEMBERS STATEMENTS

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MEMBERS STATEMENTS The backbone of the club, Ron Nicholson, has been a stalwart over the past 30 years and is essentially the Diwali Festival club historian. John Collins, the club president, is likewise a doer without whom many other great things Mr WILSON (Narre Warren South) — I wish to would not take place. I would also like to play tribute to inform the house that the second Diwali Festival, Brett Marchant, the senior coach, who played senior organised by AIII, was held recently at Sandown football with the Melbourne Football Club before racecourse, Noble Park. Sandown was chosen, given commencing his coaching career. He set an outstanding Melbourne’s spring weather, because it is an example both on and off the field. I would like to undercover venue. More than 10 000 people visited the mention Steve Caffyn, who is suffering from motor racecourse — this was the second time the festival had neurone disease and on whose behalf the club held an been held — not to listen to the roaring sounds of important testimonial during the season. racing cars but to celebrate Diwali, the Hindu international festival of lights. Racing: Cranbourne training complex

Diwali is a symbol of the victory of light over darkness, Mr PERERA (Cranbourne) — I rise to congratulate of good over evil, and is celebrated joyously all over the the Cranbourne training complex for its success in the world. It is also a festival of wealth and prosperity. The latest round of the Living Country Racing program. entire celebration focuses on home and family, and it is The Cranbourne training complex is the largest Indians’ most auspicious festival. It is also a celebration thoroughbred training complex in Victoria. In 2002–03, of evil being destroyed and reduced to ashes. Therefore 1281 horses were trained at the complex, which is the final act of the festival, the fireworks, was truly in around 15 per cent of the state’s racing population. the Hindu tradition. They were trained by 122 trainers collectively producing 6798 starters. The number of horses in daily The function was organised by a team of 15 people training totals around 800, and they are supported by including Mr Geraldine Gonsalves, Mr Vernon training maintenance funding of more than $1 million De Gama, Dr Prem Phakey, Mr Arvind Shrivastava, annually. The Cranbourne-based horse population has Mrs Usha Sharma, Mr Suresh Sutrave, Mr Yogen over 3000 owners, many residing in the local region. Laxman and Mr Rakesh Goel. There were more than The annual economic value of country racing has been 80 stalls providing food, snacks, handicrafts and estimated previously to be $380 million and provides garments. I congratulate the organisers and sponsors on full and part-time employment for 10 000 people. the success of the festival, which attracted so many people. Cranbourne Racing Club has been successful in obtaining $34 000 in funding for a new grandstand Beaumaris Football Club roof, which will benefit all three racing codes and will be an important addition to the community and assist in Mr THOMPSON (Sandringham) — I pay tribute to improving attendances at race meetings. the Beaumaris Football Club, whose 2003 season was marked by both tragedy and triumph. It was a tragic The Living Country Racing program is a Bracks season as a result of the death of one of the players, government initiative that provides funding for country Damien Guidolin, who was killed in tragic racing clubs to assist infrastructure projects, and I thank circumstances at the beginning of the season. It was the Minister for Racing for it. Recently I had the also a season marked by triumph, because the players opportunity to visit the club, and I thank Tony Wright dedicated the year to him and won the C grade amateur from — — premiership. The SPEAKER — Order! The member’s time has It was interesting that the best player on the ground in expired. the grand final and season best and fairest winner was Brayden Haynes, who was Damien’s best friend. In Liquefied petroleum gas: conversion incentives addition there were some great performances by other players. Paul Sherman, at the age of 34, was one of the Mr JASPER (Murray Valley) — I again bring to best players during the finals; and Murray Pitts, who the attention of the house the need for the state was unfortunate not to play senior Australian Football government to consider providing support for the League with St Kilda, completed the season on one leg. promotion of the use of liquefied petroleum gas (LPG) for motor vehicles. The government has accepted the fact that LPG is an environmentally friendly alternative MEMBERS STATEMENTS

Wednesday, 5 November 2003 ASSEMBLY 1477 energy for motor vehicles and produces less harmful the earliest opportunity. I hope that the use of such bags exhaust emissions. can assist Victoria’s important leadership role at the national level in reducing our nation’s dependence on The Environment Protection Authority has converted to plastic bags. using LPG-equipped vehicles, and the government fleet now has a percentage of vehicles fitted with LPG. Heritage Council: composition However, the statistics indicate that the number of vehicles using LPG is approximately 7 to 8 per cent Mr BAILLIEU (Hawthorn) — The Heritage throughout Australia, and despite encouragement of gas Council of Victoria is the guardian of this state’s conversions this percentage is not increasing. The heritage. It has significant challenges ahead, including Australian LPG industry and infrastructure is currently the future of our heritage houses and assisting with the the envy of many other countries around the world, restoration and maintenance of the catalogue of including Italy, Holland, France, Spain and Turkey. Our properties of the National Trust of Australia (Victoria). industry is light-years ahead of Britain, which recently The council must maintain a broad cross-section of has implemented the Powershift program with membership covering a range of experience, territory incentives for motorists to convert to LPG. However, in and expertise appropriate to its responsibilities. These Australia gas equipment suppliers and fitters are include the rich history of Victoria’s shipwrecks and the experiencing financial difficulties. extraordinary array of heritage assets located in rural and regional areas. Because of the availability of LPG and its environmentally friendly benefits I believe the Therefore it is disappointing that in establishing the government should consider a scheme similar to that current council, including alternates, the government being implemented in Western Australia, where a appointed no member with expertise in shipwrecks — subsidy is provided as an encouragement for for the first time in the council’s history — and only conversion to LPG and the fitting of LPG equipment to one member from outside the Melbourne metropolitan motor vehicles. Currently that subsidy is set at $1500. area, when there had previously been three. In doing so The cooperation of the federal government should also the government ignored the recommendations of the be sought, with support for incentives being provided Historic Shipwrecks Advisory Committee. The minister for conversions of motor vehicles to LPG and also ignored advice from previous council members recognition of the tax changes being implemented by regarding regional representation. the federal government from 2008. Does the government believe there are no individuals Environment: plastic bags based in rural and regional areas suitable for appointment? Or can Victorians conclude that the Mr LIM (Clayton) — We all know that plastic bags government does not believe Victoria’s regional are useful, but they are fast becoming one of the heritage is worthy of representation? Either way it is an greatest dangers to our environment. It is when plastic insult to country Victoria, and as far as Victoria’s enters the waste cycle that it starts to cause problems. A shipwrecks are concerned, the message is simple: visit to any municipal tip will illustrate the enormity of despite the role of the Shipwreck Coast and shipwreck the problem. Most at risk is our precious fauna on both tourism this government no longer believes it is land and in water. It is a sad fact of life that we significant. The government should think again. regularly hear reports of birds, fish and whales dying, and often we hear that loose plastic in the environment Boroondara: councillors is responsible for those deaths. Mr STENSHOLT (Burwood) — Last Thursday I I suggest that a new consumer canvas carry bag, like attended the presentation of the 2002–03 annual report this one which is very popular in Scandinavian of the Boroondara City Council, which outlined what countries and which has handles that fit snugly into the council had been doing over the past year. As the shopping trolleys, might provide a practical and third tier of government our local councillors and convenient alternative to our dependence on the council officers perform valuable and essential throwaway convenience of plastic supermarket bags. functions and provide a full range of services at the grassroots of our communities. Using such bags will not solve all the problems caused by plastic, but it will give households more options to I commend the Boroondara councillors, Mayor Judith adopt environmentally friendly ways. I will be showing Voce and Crs Coral Ross, Heinz Kreutz, Keith Walter, the Minister for Environment this canvas carry bag at Chris Pattas, Jack Wegman, Gina Goldsmith, Dennis MEMBERS STATEMENTS

1478 ASSEMBLY Wednesday, 5 November 2003

Whelan, Meredith Butler and Geoff Hayes, and council I only met Anne following the disastrous fire at officers such as the chief executive officer, Peter Mount Waverley Secondary College at the beginning of Johnstone, and Connie Gibbons, Paul Roche, Phillip this year. Anne had been intending to retire earlier, but Storer, John Nevins and the many other staff who work the principal, Glenn Proctor, asked her to stay longer to on the council and provide the services to the assist with the huge task that lay ahead of the school in community. adjusting to the loss of 25 classrooms and planning for the rebuilding. I do not always agree with what the councillors do or with all the decisions they make, but I admire their On meeting Anne it is clear immediately that she is a endeavour and respect their honesty. I believe on the lovely, dedicated and highly regarded teacher and whole officers and councillors seek to act in the best administrator. After 45 years she still has a passion for interests of the community. I acknowledge their her profession and a dedication to her school integrity and competence — which is more than the community. It is an inspiration to see such Liberal Party does! professionalism and dedication. She will be sadly missed, and I wish her all the best in her retirement. Water: utility management Foxes: control Mr PLOWMAN (Benambra) — I wish to read part of a letter I received from a person who works in the Mr SAVAGE (Mildura) — I wish to raise for the water industry in outer metropolitan Melbourne. It attention of the house the fox bait program which is states: going to clear 1 million hectares in Gippsland. I am filling in for the member for Gippsland East because he Last summer I advised my water authority of a number of had to attend a meeting. leaks that appeared as green patches over the mains in the rural areas. I was told that these leaks would be prioritised and that the worst ones would be done first. I agreed with this but This program would have certainly complemented the later objected to the fact that most of the small leaks would fox bounty program, and I suggest to the house that it never be fixed as there was no surface water visible. To this was a mistake to cancel that program. The fact that day the majority of these leaks remain. At this stage they are 170 000 foxes were killed in one year is an outcome not visible due to recent grass growth. I gave up reporting the leaks as it became evident that the water authority did not that nobody would deny will have an impact on the have the work force or intention to fix the problems. One environment. would have thought that every opportunity would have been taken to either put on contractors to fix the leaks during If you combined that with the fox bait program called summer or at least mark the problem areas for later attention. Southern Ark, which has been announced in Gippsland I must say the outdoor workers worked tirelessly during the and is going to cost nearly half a million dollars in one summer period fixing leaks. The problem is within senior management that sees it as their role to limit spending even if year, you could come up with some very significant it means letting some of the water mains leak … The outcomes that would benefit the environment. government should have required the water companies to actively identify all leaks within their systems and have them I recall that when I was a councillor with the Mildura fixed within a short time frame. Our water companies are not Shire Council we had problems with foxes and Mallee being truthful when they expect the consumers to make every fowl — and at some point the Mallee fowl will become effort to save water while they sit back and quote statistics about the number of leaks fixed and then have the cheek to extinct because of foxes. The response from the then compare themselves with water companies overseas … Department of Natural Resources was to fence off the Mallee fowl rather than attack foxes head on. This The SPEAKER — Order! The member’s time has policy is going to result in a very unfortunate expired. environmental outcome. I endorse the program in Gippsland, but I say that we should also bring back the Anne Williams fox bounty program. Ms MORAND (Mount Waverley) — On Friday I Chinese Settlement in Darebin had great pleasure in attending a retirement function for Ms Anne Williams, the assistant principal at Mr LEIGHTON (Preston) — I want to Mount Waverley Secondary College. Anne has been congratulate Mr Arthur Yong for his work on the teaching for 45 years, with the last 34 years being at colour version of the publication Chinese Settlement in Mount Waverley Secondary College. Her roles have Darebin. included junior school manager, assistant principal since 1997, sports coordinator, year level coordinator Arthur is the project coordinator of this publication and and subject coordinator. vice-president of the North Eastern Melbourne Chinese MEMBERS STATEMENTS

Wednesday, 5 November 2003 ASSEMBLY 1479

Association (NEMCA). The association contributes to Angliss Hospital: community and staff awards Preston and Darebin in many ways by looking after the interests of newly arrived Chinese migrants and the Ms ECKSTEIN (Ferntree Gully) — Recently I had residents of Chinese communities in the northern region the pleasure of attending the fifth annual Angliss of Melbourne by providing recreational, social, arts, Hospital oration and awards night. The Angliss oration cultural and educational activities for them. Many was given by an inspiring young doctor, Dr Don Liew. NEMCA members also devote their leisure time to He spoke about his experiences in practising developing creative and artistic skills such as traditional emergency medicine around Australia, including his Chinese singing and dancing and participating in work with indigenous communities. Chinese fashion garment parades, Chinese calligraphy and painting. The function also provided an opportunity to acknowledge the magnificent contribution that hospital In January NEMCA will make a further contribution by staff and the local community make to the Angliss. A launching the colour version of Chinese Settlement in range of awards were presented to staff and the Darebin. This is a Chinese community writing and oral community, including a large number of long-service history project which will contribute significantly to a awards to staff with 10, 15, 20 and 25 years service. I better understanding by the wider community of the was extremely impressed by the large number of cultural experiences of Chinese settlers in the City of long-service awards, which reflect the longstanding Darebin. I have learnt quite a few things from this commitment and dedication that staff have to the publication, one being that the history of the Chinese Angliss Hospital. community in Darebin goes back almost to the gold rush, with three Chinese market gardens being Community group awards were presented to the identified along the Merri Creek. My congratulations Thunderbirds Rod and Custom Club for a go to Arthur and the North Eastern Melbourne Chinese $1200 donation; the Knox opportunity shop for a Association. $4000 donation; the Peace and Loyalty Masonic Lodge for providing the Angliss Ferntree Gully auxiliary with Cliff Young 65 years free use of its hall; and the Ferntree Gully community bank for a $30 000 donation, which will be Mr MULDER (Polwarth) — I draw the attention of used to purchase a resuscitation cot for the special care the house to the passing of Colac’s favourite son, Cliff nursery. Sir Gilbert Chandler, Jr, presented the Young, a man who captured the imagination of the Sir Gilbert Chandler Award to the Reverend Doug nation. Cliff died in Queensland on Sunday after a long Fullerton for his work on the Angliss Hospital human illness. He was 81 years old, and up until eight months research and ethics committee. ago he was still walking or running up to 20 kilometres a day. He was an easily recognisable figure whose I congratulate all those who received awards as well as Gumboots to Glory victory at 61 years of age in the all of those people at the Angliss Hospital who make it Westfield Sydney to Melbourne marathon in 1983 put such a vital and respected community resource. my home town of Colac on the map. He ran the 875 kilometres with hardly a break. Australian mountain bike championships

Cliff trained in gumboots on his family farm at Beech Dr SYKES (Benalla) — The community of Mount Forest and was a regular competitor in the annual Beauty hosted the Australian mountain bike six-day race which is held in Colac. He was often seen championships last weekend. Event organisers Keith training along the road in the weeks leading up to the and Mary Pike, ably assisted by over 100 volunteers, race. His trademark shuffle, little sleep and a diet which turned on a great weekend of competition, and partying. consisted mainly of oats was in start contrast to the Over 700 riders competed in the four events, including style and regime of most other long distance cross-country, downhill, trials and 4-cross. competitors, but for Cliff it was a style which made him My wife and I attended the event on Friday evening, a national celebrity. and although rain made conditions unpleasant for He was a wonderful ambassador for Colac. He was an spectators, it did not deter the riders from competing unselfish man who had a kind word for everyone and full on and enjoying the mud and rain. On Saturday I who showed us that ordinary people can do walked the downhill course through country ravaged by extraordinary things. Cliff Young did not dress like bushfires earlier this year. Fortunately most of the forest modern-day athletes, nor did he have their stature or where the event was held was only subject to a cool gait. But Cliff Young was all heart. MEMBERS STATEMENTS

1480 ASSEMBLY Wednesday, 5 November 2003 burn, and now the trees are regenerating and the forest It is intended that this become an annual community floor abounds with an array of beautiful wildflowers. event at the reserve. This peaceful scene was in contrast to the downhill Mitcham–Frankston freeway: tolls event, as competitors hurtled downhill, seemingly without fear, through mud and over logs and rocks to Mr WELLS (Scoresby) — This statement arrive at the bottom mostly unscathed. I say ‘mostly’, condemns the Bracks Labor government and its further because there were a number of broken arms and legs at attempt to con the people in the outer east by trying to the end of the weekend. tell them that a section of the Scoresby freeway will be toll free. The fact is that it was never ever going to be Over 2000 people came to Mount Beauty for the tolled in the first place. How embarrassing it was for the weekend, which provided a tremendous boost to local Minister for Transport to visit Ringwood last Friday to businesses, especially those providing food and try to sell this con, which fell very flat. entertainment. The Mount Beauty community is extremely grateful to the Bushfire Recovery Fund, from The 40 kilometres of the Scoresby freeway will remain which $20 000 was made available to prepare for the a fee way. Under Labor tolls will still be imposed on event. Well done Mount Beauty: the community spirit the 1 million-plus Melburnians who live east of is alive and well! Springvale Road. Labor’s attempt to divert attention from how it lied to Victorians about tolls will not wash. Ukraine: famine commemoration Labor now says that a 1-kilometre section of an access road that was never ever going to be tolled will still not Mr LANGUILLER (Derrimut) — On Saturday, be tolled. This is no consolation to Melbourne’s eastern 25 October, Australians planted many hundreds of trees suburbs residents and businesses. Labor cannot be to commemorate those who perished in Stalin’s great trusted when it comes to road projects. act of genocide: the great famine in the Ukraine in 1932 and 1933. The appalling state of Victoria’s finances coupled with Labor’s inability to manage means that the possibility In gusty conditions at Point Cook Coastal Reserve of tolls on any new road projects remains. Every user of Victoria’s Ukrainian community, many members of the Scoresby freeway will still have to pay tolls on Parliament, the charge d’affaires of the Ukraine, 40 kilometres of road, while residents of Melbourne’s Mr Olexander Mischenko, representatives of the western suburbs using the Western Ring Road have a Croatian, Cypriot, Laotian, Lithuanian and Scottish free ride to investment and sustainable jobs for communities, and Age journalist Steve Waldon planted themselves, their children and grandchildren. trees. The tree-planting ceremony was a moving experience, being preceded by a solemn church service Labor must now immediately reverse its April 2003 lie conducted by Catholic and Orthodox clergy. Words of and have the humility to announce that it was wrong. A sincere condolence were expressed by many speakers. failure to scrap tolls on the Scoresby freeway will not be tolerated. Associate Professor Marko Pavlyshyn from Monash University delivered a well-documented and stirring Geelong: Lyons Construction address. He said: Ms NEVILLE (Bellarine) — I want to Many millions died, but how many more millions were not acknowledge the achievements of a leading Geelong born because of this … atrocity? commercial building company, Lyons Construction. The Chairman of the Australian Federation of This Geelong-based company has survived and grown Ukrainian Organisations, Mr Stefan Romaniw, OAM, over 70 years and has recently been acknowledged with reinforced the message that the international significant awards. This year alone it was the overall community should continue to campaign and to educate winner of the Geelong Advertiser excellence awards the community to ensure that this chapter in history is and won the Master Builders Association of Victoria not forgotten. Mr Romaniw said: award for best commercial/industrial project over $3 million and the building industry’s highest award, These trees will live on. They will serve as a living monument the MBAV Regional Commercial Builder of the Year. to those that perished. The presence of the broader Australian On top of these awards Lyons recently won the Age community here indicates that this act of genocide against the Ukrainian nation has not been forgotten. Dun and Bradstreet rural award. Wherever you look in Geelong, you will see the hand of Lyons Construction: the Geelong Cunningham Pier, MEMBERS STATEMENTS

Wednesday, 5 November 2003 ASSEMBLY 1481 the Geelong Performing Arts Centre and the Gordon called the Young Queen Hotel on the current site of the Institute of TAFE. In my electorate it has also recently year 7–10 buildings of Mercy College. The sisters have completed two high-quality facilities: the new Bellarine throughout the Coburg area — — Peninsula police station in Ocean Grove and the Wallington Primary School, its most recently The DEPUTY SPEAKER — Order! The completed project, which I was able to tour yesterday. honourable member’s time has expired. Once again I was impressed with the quality of the building, but even more importantly I was impressed Yarra Valley Food and Wine Day with the way it managed the overall project. It is not Mr HARDMAN (Seymour) — I rise to easy to build a new school while having the old school congratulate the Yarra Valley Racing Club for the operate around you. Yarra Valley Food and Wine Day, held on Sunday, I want to particularly acknowledge Tony Lapatina, the 26 October. Barbara Saunders, the president of the foreman, who ensured the safety and wellbeing of the Yarra Valley Racing Club, and the committee should children at all times and constantly went beyond the be very pleased with the very successful day, which call of duty, sometimes helping with yard duty and despite the rain — which is welcome in rural areas — coming in on his day off to assist in moving furniture. was well attended and enjoyed by all.

Well done to Lyons Construction — to Norm Lyons, On the topic of Yarra Valley food and wine, I Eric Lyons and Kevin and Stephen, who pull the encourage members to attend the showcase of the Yarra company together. These awards are well deserved, and Valley which will be held this evening in Queen’s Hall. I look forward to opening the next Lyons project in It should be a great event. I particularly congratulate the Bellarine — Leopold Primary School. member for Evelyn on her work in driving this event, along with Suzanne Halliday from the Yarra Valley Westbreen Primary School: 80th anniversary food and wine group and all the people who have worked to bring this event together to showcase what Ms CAMPBELL (Pascoe Vale) — On Saturday, we do in our area. 25 October, two very different communities in the Pascoe Vale electorate, Westbreen Primary School and I also congratulate the president, Graeme Wood, and the Sisters of Mercy in Coburg, celebrated significant his committee on the Yarra Valley harness racing event milestones. that was put on yesterday. This was a huge day as well, with the setting, the environment, the colour and the Westbreen Primary School celebrated its 80th year, fashions on the field, all in a hassle-free country with the students sensational historical presentation and atmosphere rivalling the successful Melbourne Cup. It tours of the school to show off the new school works was also well attended. The Attorney-General, who is paid for by the Bracks government. Hundreds of past at the table and is a former Minister for Racing, always students and teachers and locals enjoyed tours and a gets a positive mention in the Yarra Valley for the great photographic and memorabilia display that allowed work he did in bringing that club back up to being as many to reminisce. successful as it is. Congratulations to the chairperson of the organising Surf Coast: dog control committee, Karen Flynn; to the current principal, Roman Bilous; the past principal, Alan Bentley; to each Mr CRUTCHFIELD (South Barwon) — People and every staff member, who had their rooms looking who live in the South Coast Shire Council area have the absolutely sensational, clean and tidy and with many dubious honour of living among the highest percentage displays; and to Maria Elvey, the president of the of dog owners in the state. My concern is not just for school council, school councillors and local community dog owners and residents of Surf Coast but also for members. those in all of South Barwon. South Coast Shire Council has announced that it will review its dog laws Sisters of Mercy, Coburg: centenary by May next year. To do that it is employing a coastal

Ms CAMPBELL (Pascoe Vale) — ranger to look at the effects of dogs off leads and where The second event was the centenary of the Sisters of dogs are and are not allowed. At present over the Mercy in Coburg. The Sisters of Mercy first came to summer on some beaches dogs are banned totally and the Coburg area when they travelled from North on other beaches they are banned from 8 o’clock in the Melbourne to St Paul’s Primary School and to morning until the evening. Other beaches, such as St Ambrose’s in 1897. In 1903 nine sisters came from Fishermans Beach at Torquay, are dog-free areas. North Melbourne to take up residence at what was then MATTER OF PUBLIC IMPORTANCE

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Dog-free areas need some patrolling, and there needs to The federal government has given Victoria the finger in be some ability to penalise individuals, most of whom handing over precious defence department land at Point Nepean to a consortium backed by a large Queensland are from outside Torquay. People from Melbourne property development group. come down on highly trafficked and popular days, such as Australia Day and the Melbourne Cup weekend. My I think everyone in this house recognises the concern is that the beaches are not patrolled for dogs importance of Point Nepean, and that is why it is so defecating on the beaches and for aggressive dogs. tragic that those on the other side seem to be doing the There are a number of anecdotes about aggressive dogs federal government’s bidding and allowing a key parcel at Fishermans Beach. I implore the Surf Coast Shire of this land to be leased out to a private consortium for Council to ensure that there is adequate patrolling of profit. This land is so important, as anyone who has those areas for the benefit of everyone. visited the site knows. It has great natural values, great environmental values and great heritage values. The DEPUTY SPEAKER — Order! The time for members statements has concluded. This is land that is a national treasure; land that is a key part of our history and our heritage; land that was utilised for many years by the local indigenous people MATTER OF PUBLIC IMPORTANCE of Boonerwrung; land that saw the early settlers to this state from Europe; land that is so famous for being the Point Nepean: future quarantine station — the area so many people coming to Victoria arrived at and where they saw their first part The DEPUTY SPEAKER — Order! The Speaker of the Australian nation. That is why it is so tragic that has accepted for discussion the following matter of we now see the Howard government wanting to get rid public importance submitted by the Minister for of this land — to hand it over to a private developer. It Environment: is appalling that the commonwealth government is now That this house commends the government for its efforts to proposing to hand this land, not to the people of get the surplus Department of Defence land at Point Nepean Victoria, but to a private consortium involving a included in the existing national park for the enjoyment and Queensland property developer. access of all Victorians and calls on the Victorian government to ensure that, if the commonwealth decides to lease the land The opposition has a chance to get behind this matter of for private development, the developer is required to comply with all planning, historic conservation and environmental public importance today and to get behind Victoria’s controls that would apply to a national park. proposal that all of the land be included in one national park. If the opposition and its supporters listened to Mr THWAITES (Minister for Environment) — Victorians instead of listening to Canberra, they would One park, with one management and one management know that the community wants this — that the plan — that is what the Victorian community wants, community wants one national park operated by one what the Victorian government has proposed and what body, Parks Victoria, because that is the only way that the Victorian government plan would achieve. we will see community use, no new buildings and the proper protection and management of the site. Unfortunately the Howard government, with the backing of the state opposition, is now proposing to When you think of it the real question is: why would a hand over a large parcel of this land to a private Queensland property developer put millions of dollars consortium involving a Queensland property developer. into this site? There is only one reason — it needs to get What we are going to see is the land parcelled up in its money back and make a profit, and that will put order to make a profit for the Howard government. As huge commercial pressure on the site for inappropriate the Victorian National Parks Association and the development. National Trust of Australia (Victoria) said recently: The Victorian government has been ready to negotiate The Victorian community’s vision of an integrated, unified reasonably with the federal government at any time. It and genuine national park covering all of Point Nepean has been ignored, the commonwealth government preferring to is still ready to negotiate at any time. And the disintegrate ownership and management and thus threaten the opposition? Here they are, the little Gerry Gees of integrity of Point Nepean’s very special heritage. Johnnie Howard saying, ‘Where’s your money?’. In other words, opposition members are more interested in Or even more bluntly, as a member of the community Victoria handing money over to the federal government group appointed by the defence department to draw up to boost its surplus than in preserving this important a plan for Point Nepean, Will Baillieu, said: land. Their colours are obvious — they will not stand MATTER OF PUBLIC IMPORTANCE

Wednesday, 5 November 2003 ASSEMBLY 1483 up for Victoria; they just want to do the bidding of the But that places everyone in a difficult position; how can Liberal Party first and put Victoria last. people make a judgment about this if they don’t know what’s going up there? The federal government is sitting on a huge surplus of That is the key question. The interviewer went on to more than $7 billion, but it is not prepared to put any of say: that into Point Nepean. It wants to squeeze profits out of Point Nepean. At the same time we see the federal Well, just give us a sense … ballpark; how many rooms in the government putting $155 million into land around hotel? Sydney Harbour — into preserving the historic The federal parliamentary secretary replied: buildings around the harbour. This is yet another case where the Sydney-centric Howard government is Well, Barrie, there’s really no point in — discriminating against Victoria. Once again all we hear from the other side is more federal government she laughed — propaganda. Opposition members are not interested in I really can’t give those details. I would much rather say to Victoria. They cannot get it into their heads that they you that this is a joint partnership between the community and are meant to represent Victoria, not do the bidding of a company that’s had extensive experience in dealing with the federal government. heritage buildings.

There are four key issues I want to deal with briefly And as the interviewer said: today. Firstly, I ask: what is this private lease that is So you’re asking people to trust you basically until the lease going to be entered into by the Howard government? is signed, and then it’s too late to do anything about it. Secondly, I want to set out briefly our plan for Point Nepean. Thirdly, I want to point out that the Howard That sums up this so-called partnership between the government is discriminating against Victoria by community and a company. What sort of a partnership funding $115 million worth of restoration around is it when the community partner does not know what is Sydney Harbour. Finally, I will conclude on what the going on and cannot be told? The developers community wants for Point Nepean. themselves have refused to be drawn on the specifics of the group’s proposal, so there is almost nothing that we Firstly, in relation to this private lease deal, what do we know about this lease. But what we do know is that the know about it? Frankly, it is very hard to find out the private consortium will have to make a profit. We do truth about this deal. It has been covered in secrecy. We not know whether the lease conditions are going to be saw this recently in an interview on ABC between varied, and you have to say there is a real question Barrie Cassidy and the federal parliamentary secretary, about that. These lease conditions could be varied with Fran Bailey. I should say that there have been media the consent of the landlord and tenant — in other reports that the Queensland property developer words, the federal government and the tenant, the FKP Ltd appears to be planning a luxury hotel, private consortium, can do a secret deal to take away restaurants and a convention centre for the site; and the safeguards that the commonwealth has promoted. unlike the Victorian government’s plan, it is proposing We have no guarantee that at a future time this land will new buildings on the site. But when the federal not be inappropriately developed, and it may even be parliamentary secretary was asked about the details of sold off. this lease she refused to give them. She did say it was a very good win for the community and that there would The next item I want to deal with is the Bracks be tourist accommodation. government’s vision for Point Nepean.

The interviewer then said: An honourable member interjected.

Okay, the tourist accommodation, what does that involve? Mr THWAITES — The opposition says it is a How big will this hotel be? 40-year lease. In fact it is a 40-year lease with a 10-year Ms Bailey’s response was: option, so it is for 50 years. I do not know whether the opposition sees that as significant, but this side of the Well, as you would appreciate, the terms of this at this stage, house does. This land is going to be handed over to this of course, are commercial in confidence and it places me in a private consortium for 50 years. very difficult position, because I am unable to give specific details. But we on this side of the house have a clear vision for Then the interviewer went on: this site. It is a plan that will see one park for the whole of Point Nepean, managed by Parks Victoria. We are MATTER OF PUBLIC IMPORTANCE

1484 ASSEMBLY Wednesday, 5 November 2003 proposing to legislate for a new Point Nepean national are not prepared to sell out Victorian interests and be park. We will be doing that in three years, after the land treated as second-class citizens. has been properly cleared and the buildings restored. Under our plan we will see the existing heritage Finally, let me deal with what the community wants. buildings used and adapted for sensitive tourist and The community clearly wants one thing — that is, one historic use. What we will not be doing is building new national park operated as a whole. The federal buildings — new hotels — along the cliff top or around government has time and again claimed that its new this important land. We will be conserving the original, leasing deal will comply with the community master important buildings. plan. That is clearly false. Page d at the beginning of the master plan states in bold: We will have a living museum, featuring displays of Point Nepean’s history; low-cost accommodation and The future vision for the Portsea defence site is to create a public park managed as a whole and integrated with the Point camping; a restaurant and guesthouse; and a centre for Nepean coastal and marine environments … environmental education. But the key point is that we will have a single national park for the whole of Point That is exactly what the Bracks government proposes. Nepean. That proposal has been supported by the That is what our plan would achieve, but it is exactly national trust and the Victorian National Parks contrary to what the Howard government will do, Association. which is to hand the land to a private developer, divide it up, prevent proper integration and threaten the The third point I want to make is that the Howard heritage of this very important site. government is discriminating against Victoria. The Sydney-centric Howard government is supporting Mr DIXON (Nepean) — This is an interesting heritage around the harbour in Sydney but not here in matter of public importance (MPI) debate: I have never Victoria. If you look at the federal budget papers for seen in this place a government taking the time to this year, you will see at page 8 of Investing for a congratulate itself, I suppose because no-one else is Sustainable Australia — Commonwealth Environment going to on this one. I would have thought there were Expenditure 2003–04 this statement: far greater matters of public importance around at the moment — for example, the Royal Children’s Hospital, The government will rehabilitate and return historic Sydney the tollway or the police minister’s goings on recently. harbour sites — some of Australia’s most beautiful and significant foreshore lands … Those are the issues that should be debated in this place. The government should not be spending this time A net investment of $115.5 million over eight years will be congratulating itself. used to decontaminate and rehabilitate foreshore lands, conserve buildings and infrastructure and return these lands to In fact the government has stolen the opposition’s next the community as national heritage assets. MPI: we were going to do over the government over Nothing for Victoria; everything for Sydney — and yet Point Nepean, but it has been brought forward a week, all we get from members of the opposition is support and we welcome it. I am going to commend the state for that, because once again they are showing that they government all right: I am going to commend it for are Liberals first and Victorians second. breaking its election promise, for being hypocritical over this issue, for politicising what is a very important I want to deal with another furphy — that is, that national place and for being obstructionist. This Victoria was offered the land as part of the Federation government has absolutely no credibility on this issue. Fund but refused. What the opposition did not say when it raised this was that that was an offer initially made to I will start with the election promise. This Friday is the the Kennett government; and as the Kennett 12-month anniversary of the famous statement by the government identified at the time, there were no Premier during the leaders’ debate, when he announced Federation Fund moneys allocated for ongoing that the government unequivocally, in black and white, operation and maintenance of the land. Unlike in would purchase the land. That promise has gone, along Sydney, where $115 million was allocated for the land, with the promise of no tolls and all the other broken the Sydney-centric Howard government did not promises that we heard during that election campaign. allocate those funds for Victoria. So the Kennett It was just another one to add to the list, and it will be a government and the Bracks government have both been year old on Friday. discriminated against by the Howard government. Former Premier Kennett noted this in April 1999, just Goodness me, we have seen some incredible hypocrisy as the Bracks government is noting it now, because we from this government! It has come out time and time again and said, ‘How dare the federal government sell MATTER OF PUBLIC IMPORTANCE

Wednesday, 5 November 2003 ASSEMBLY 1485 or lease any public land!’. What has it been doing years. So here it is, surrounding this Defence land — itself? It has been flogging off land left, right and centre the land that this government is supposed to be looking to prop up its bottom line. It is public land it has been after — and it is all falling to pieces. flogging off — and not for national park uses but for housing and residential development. For example, the The situation with the Mornington Peninsula National Kew Cottages site is in the news at the moment too; Park, which surrounds the Defence land, demonstrates Devilbend Reservoir, that beautiful area on the more hypocrisy on the part of the government. The Mornington Peninsula which my colleague the member environmental budget of that national park has been cut for Mornington will talk about a bit later, has been by 85 per cent over the next two years. All the weed flogged off for housing development; the Mornington control, the fencing and all the environmental works High School site has been flogged off for a number of that are so important on that fragile piece of land have uses, including residential development. We also see it been cut to the tune of 85 per cent. I know the rangers happening in Royal Park. The federal government is down there are very unhappy with this situation, but not allowed to flog off public land, but the state they have been told to stop talking to me because this government can do it! It is totally hypocritical, and we government is so open and accountable! They are very have seen a lot of examples of it. upset about this, but every time I mention it they are in trouble again because I have brought it up again. You The Deputy Premier mentioned the offer of the land as cannot say, ‘We will look after the Point Nepean a Federation gift. This government was offered the land Defence land’, when everything around it is falling as a Federation gift, but he forgot to mention that it was apart and the budget has been cut. also offered money but decided to spend it on a series of regional galleries. Therefore it was given the As we heard last week, there is a deficit in the opportunity, just as New South Wales was given the minister’s department as well. How will the opportunity. As well as that Federation offer, in a letter government afford it? There was nothing in the budget of 20 March 2001 the Premier was offered the forward estimates about Point Nepean, so where will 270 hectares, and he turned it down at that time as the money come from? well — and we did not hear about that one in the Deputy Premier’s dissertation this morning! It is a case Mr Cooper interjected. of more hypocrisy. Mr DIXON — That is why the government broke This government says it will ride in in its shining its promise to buy it, as the honourable member for armour and look after the heritage precinct of Point Mornington said by interjection. The whole place Nepean. The Defence land at Point Nepean is actually surrounding Point Nepean Defence land is falling apart. surrounded by the Mornington Peninsula National Park. The Victorian National Parks Association–National Part of that park consists of barracks, gun Trust of Australia (Victoria) bid was backed by the emplacements, tunnels, magazines and incredible areas government when the land was originally for sale, and of both beauty and historical significance. One of the it included a whole range of activities which were okay. examples of this government looking after the heritage In fact, what has been consistent about most of the precinct is Pearce’s Barracks, which are historic submissions that have been put in, whether for sale or barracks on the foreshore of Port Phillip Bay. That lease of the land, has been a combination of place is an absolute disgrace. The roof is peeling off educational, tourism, accommodation, research and and there are holes in the walls. It is falling down; it is historical uses of the land; and the VNPA–national trust dangerous; it is condemned; and it is fenced off. If that bid was like that. The government was right behind that is the way the government looks after heritage bid, because it did not put in a bid at that stage. properties, then God help it if it ever wanted to look after the army land. If one had looked at any of the other bids that went in at that stage, one would have seen that they were all very Right next to Pearce’s Barracks, and surrounding Point similar, with just small differences in detail; but no, the Nepean itself, is a retaining wall. It is there because it is government came out and vilified any organisation or a very fragile bit of coast. That retaining wall, where it anyone associated with any other bids. It was no good if exists, is falling down; and if millions of dollars are not it was not the VNPA/national trust bid. That was spent on that retaining wall in the existing property, incredible hypocrisy, and when the federal government Point Nepean will not be there soon — the ocean will withdrew the land from sale and put it up for lease, the come through and it will be washed over. The erosion Victorian government’s own submission was again down there at the moment is incredible; and the remarkably similar to these others — accommodation, government has not spent a cent on it for years and MATTER OF PUBLIC IMPORTANCE

1486 ASSEMBLY Wednesday, 5 November 2003 education, tourism, a 250-bed hotel, the Police Point overdeveloped, it cannot be wrecked and its heritage parkland houses to be turned into holiday units rather values cannot been built out. The successful lessee of than remaining as parkland — they were all similar. the property is proposing — and I cannot see what is That is what the government is proposing, but at the wrong with this — that the Australian Maritime same time if anyone else puts up a proposal, like the College move down there. It would be a great asset for winning proposal, it is no good, and no-one is allowed the whole of Victoria to have a maritime museum down to have that. That is quite hypocritical. there and an expansion of the quarantine museum.

I also take issue with the government’s submission. It is The Minister for Environment also mentioned the only a small thing, but it shows a lack of understanding Aboriginal history of the area, and how significant that about the area. The government wants the whole area area is to the local Boonerwrung people. They are under the one management, and the Minister for totally supportive of and are signatories to the Environment talked about that. He said the government successful bid. They have no problem with this lease will set up a Point Nepean national park. The national arrangement; in fact, they have been part of the plan all park down there is called the Mornington Peninsula along and will be setting up an interpretive centre. I National Park, so either we will have two national parks welcome that; it is wonderful. at the same point — a Point Nepean national park and the Mornington Peninsula National Park — or the I cannot see what is wrong with having the Southern government has just used the wrong name and been Peninsula Rescue Squad headquarters, training facilities very slack in this regard. But it is an important point and hangar down there either. They are also part of the that needs to be made, and it is one I have picked up bid; and of course there is totally and absolutely recently. guaranteed beach access to all members of the public who go down there. But again, this is another example On the politicisation of this debate, the Minister for of, ‘If we cannot have it, no-one else can have it’. Environment talked about the New South Wales comparison. There is a major historical difference Another example of the politicisation of this whole between the New South Wales defence land and the argument has been Environment Victoria’s stand. It has Victorian defence land. The Victorian defence land was come out in support of the federal government’s sold in 1931 for £69 000 to the federal government for decision. As a result it is now banned from media defence uses. In New South Wales the land was loaned conferences, and I know that when Eric Noel dared to to the federal government — never sold to it — for as ask a hard question of the Deputy Premier and Minister long as it needed it. for Environment, Environment Victoria was told to sack him otherwise they would get no more business The federal government does not need that New South from the government. That is called blackmail where I Wales defence land any more so it has simply given it come from! The so-called protest meetings that have back to New South Wales, whereas in Victoria the Cain been going on have all been chaired and totally government actually purchased it — it paid $4 million organised by the Labor Party. It has been totally for a large section of the land which it purchased from politicised. the Hawke government. If it was good enough then, I do not know why it is not good enough now. I believe The Minister for Environment said that, rather than the only reason why it is not happening that way is that having the three levels of government managing the there is a coalition government in Canberra, and this is land it should be managed as one entity; and that is the a great opportunity to politicise the debate and get stuck one recommendation of the community reference group into the federal government. That is what it all boils that is still outstanding; all the other recommendations down to. have been accepted. A small number of the members of the reference group are not happy with the decision, but In terms of the successful lease that has been the vast majority are more than happy with this announced, the word ‘developer’ in this government’s outcome, and it is funny that we do not hear about that. lexicon means multistorey and outrageous development — that is the only thing this can mean to My argument about this area being managed as one the government. There are some fantastic developers entity goes back to my original proposition. This out there, but they are all jumped on by the government government cannot look after the surrounding and considered to be part of the multistorey, white-shoe Mornington Peninsula National Park. We cannot afford brigade. We have not even seen the details of the to hand over the rest of the land to it to mismanage successful lease yet. The guidelines set by the federal because of what has been happening over the fence for government are very strict so it cannot be the past four years. MATTER OF PUBLIC IMPORTANCE

Wednesday, 5 November 2003 ASSEMBLY 1487

We need to remind the Victorian people that in 1877. In 1951 the Officer Cadet School was 205 hectares have been handed over to the state established there, which is also part of the historical government for inclusion in the Mornington Peninsula significance we have heard about today. National Park, although I think the government is going to change the name to the Point Nepean national park. I want to give members a brief history lesson, because The 20 hectares that have been given for park use only other contributors to this debate have been very to the Mornington Peninsula council will be handed selective in terms of the history they have provided. I over once it has been cleaned up. We have also will not go back as far as the 1860s, but I will start in forgotten about the $4 million that is being spent on 2001. I refer to Senator Robert Hill, the federal Minister renovating the heritage buildings. I wish this for Defence, who talked about returning harbour land to government would reach into its surplus and spend people, saying that six of Sydney Harbour’s most $4 million fixing up the barracks, which are falling into magnificent sites would remain in public ownership. He the sea. said it was a significant win for all Sydney residents. It would have been nice if there had been a significant The Deputy Premier finished his contribution by win at Point Nepean as well. talking about what the local community wants. In talking to members of the local community I believe In May 2002 the Honourable David Kemp, the Minister they want three basic things: no housing development, for the Environment and Heritage, indicated that and they have got that; the land to remain as public $10.5 million would be provided to return harbour land land, and they have got that; and access to the land — to the public. In June of that year Parsons Brinckerhoff, they want to be able to get in there and use it — and formerly PPK, undertook a study of the Portsea they will be able to do that whether it is the quarantine Defence land master planning project with the museum, the Aboriginal interpretive centre, the Department of Defence and a community reference accommodation, the restaurant or the maritime college, group — and I believe the reference group had 27 or or just walking along the beach. There will be all those 28 members. At some stage Environment Victoria opportunities for the local community. When it boils bought into the fray as well. Back in April this year the down to giving the locals what they really want, those federal government dropped a bombshell with its three things are truly being met. announcement that Point Nepean would be sold to the highest bidder, after abandoning the negotiations with I had a page of notes on the ways in which this the state government. government has been obstructionist. Probably the best example is that on the day the successful lessee was I go back to 1999, when the then Premier, the announced the Deputy Premier offered a land swap Honourable Jeff Kennett, was offered 270 of the deal, knowing it was all too late. 311 hectares that is under discussion at the moment. The Defence Department was going to leave the Ms BUCHANAN (Hastings) — It gives me great remaining 40 hectares to be subdivided and sold off as pleasure to contribute to the debate on this matter of housing blocks! That is one of the main reasons why public importance on Point Nepean, but it certainly the then Premier was against taking over the proposal gives me no joy to talk about the actions of the federal and acquiring Point Nepean at that stage. It is also why government to date in relation to this site. I will refer to the Bracks government decided not to go ahead with four main issues, including firstly, why Sydney is being the unsavoury conditions that the federal government looked after better than Melbourne; secondly, the was imposing on it as well. actions of the local Liberal members of Parliament at both the state and federal level along with Environment The state government’s negotiations since then have Victoria; and thirdly, the impact on the Victorian been totally ignored. The member for Nepean community of signing a lease for 40 years over this mentioned Eric Noel, that interesting man who works site — and I will go on from there. for Environment Victoria! One thing I will say about Eric Noel — there are not many things I will say about I will give a historical overview of the Point Nepean him — is that he was quoted as saying that Fran Bailey, site. As many people know, on 3 November 1852 the the federal parliamentary secretary, was very stubborn ship Ticonderoga arrived in Port Phillip Bay. Because in negotiating with the state government over a fulsome many of its passengers had arrived with typhus, the outcome for Point Nepean. That is indicative of the authorities took over the land then occupied by farmer whole way the federal government has looked at what it Patrick Sullivan — and that is the basis of what is now will do with Point Nepean, and specifically the happening at Point Nepean. In the 1860s discussions quarantine site. It has always taken a very mercenary took place regarding fortifications, which were erected approach to this site. It was always its intention to get a MATTER OF PUBLIC IMPORTANCE

1488 ASSEMBLY Wednesday, 5 November 2003 big monetary return out of this, irrespective of the used to subvert and undermine its protection. How outcome and the detriment to all Victorians. exploitative is that! It is absolutely disgusting. The federal government has condoned that, and the local One of the other issues I want to talk about is one Liberal members have been absolutely mute on the brought up by the member for Nepean, who said that a scenario. The member for Mornington has had about lot of the expressions of interest were similar. The one 100 seconds recorded in Hansard on Point Nepean. thing he did not talk about was the fact that state That illustrates how much care and attention he has planning laws have very strict heritage and planning given to Point Nepean for his community. guidelines for the cultural and environmental overlays on the site. When we talk about accommodation and I again refer to the expression of interest lodged by the education and environment information centres, we state government. The interesting comparison with the should realise that all are subject to incredibly strict one tentatively supported by the federal government is state planning laws. But under a lease arrangement the that the state government’s expression of interest landlord would still be the commonwealth government, proposed a three-year intergovernmental agreement and its very weak heritage laws would apply in this with the federal government to jointly oversee the case. 90 hectares while the ordinance works were concluded and the state government upgraded the historic I refer to some of the comments made to the buildings. It said that at the end of that three years the newspapers, particularly by the Honourable Fran state government would legislate to create Point Bailey, whose comments were reported in the Nepean as a national park with a community-based Australian Financial Review after she had her committee to provide the ongoing support for its champagne-guzzling celebration on the steps of management. No new buildings were proposed. The Parliament House. She said the federal government existing heritage buildings were to be placed in a living would not sell it off but put it into a long-term lease. heritage precinct, which would be absolutely fantastic. She also said that developers could come in and change this site. Max Moar was one individual who said at that There was going to be a centre for coastal environmental stage: education and a three-star, low-maintenance, low-cost guesthouse so that all Victorians could come along, It is great to deal directly with the federal government and not enjoy the site and appreciate the unique beauty and worry about all those planning conditions in the middle. environmental qualities of such areas as the moonah What he was basically saying is that it is open slather woodlands. Everybody could have had access to the site. for developers on the site. No conditions or guidelines There are no guarantees whatsoever with this proposed will apply that we know of that can be related back to successful tenderer that there will be full public access to the quality development of the site. this site. To me that is absolutely disgraceful.

Mr Plowman interjected. I also want to talk about some of the misinformation that has been put out by the federal member for Ms BUCHANAN — No, I do not. The member for Flinders, Mr Greg Hunt. At one stage not too long ago Benambra interjected about 12 points. I have 20 points he put out 40 000 flyers to households on the from the community that I want to talk about rather Mornington Peninsula in which he claimed that this than the ones the federal government has put in place. It was going to be a park managed by Parks Australia. Of has been absolutely shocking! course we all know that to be the biggest furphy around. He should be condemned. Even though he has One of the points I want to talk about is the betrayal of retracted that claim, he has been very selective about trust. One of the saddest parts of this concerns where he has publicly expressed that retraction. I find Mrs Beatrice Terry, who bequeathed a substantial that absolutely disgraceful. amount of money to Environment Victoria. I quote Kelvin Thomson, the federal shadow environment Whichever way the federal government attempts to minister, who is reported in federal Parliament as dress this up, this is really selling out on all Victorians. asking: No other site in Victoria at this stage in its history better epitomises Victorian spirit and depthless passion for its What would Beatrice Terry, who bequeathed $100 000 to Environment Victoria to protect Point Nepean, make of the heritage — its natural savage coastal beauty and its way they have used her money? regimented colonial-built heritage as well. My plea to the federal government is, ‘Do not let this site be left Her bequest has not been used to protect Point Nepean, open to destruction’. The federal government is going as was her express intent. Instead her money has been to tender the land on a 40-year, long-term lease. While MATTER OF PUBLIC IMPORTANCE

Wednesday, 5 November 2003 ASSEMBLY 1489 it may not have sold the site, it has certainly sold out see all the land in a public park. I am concerned about Victorians. the way the government is managing national parks at the moment. We already have a number of national I condemn as well the local Liberal members — state parks around the state — there are a number in the area and federal — for their inaction on this. They have been I used to represent in north-eastern Victoria — but totally mute and silent. They know, as the member for currently some of those parks are not managed very Nepean does — he lodged a petition in this house not well. I cannot see how putting more land into national too long ago on behalf of 9485 Victorians — that parks will help the government manage them better, Victorians want this site under one plan, one particularly when, as the member for Nepean said, the management and one park. The state and federal government said it would spend $10 million on Point Liberal members have failed abysmally on that. They Nepean over four years. The member for Nepean have toed the line of being Sydney centric again. They looked at the budget papers, and that money certainly have been Liberal first and Victorian second, and I was not in the 2003–04 budget, but more importantly it condemn them for that. was not in the forward estimates for 2004–05 or for 2005–06. While the government has committed to I want to say that it is not too late for the federal saying it will put $10 million into looking after Point government to have some sense, turn around, Nepean, it certainly has not committed the money, so I renegotiate with the state government and look at the am not sure when it is going to put the money in or fact that we can bring this back into a national park for where the money is going to come from. all Victorians and Australians to enjoy in perpetuity. The member for Nepean also said that there was an Mrs POWELL (Shepparton) — I am pleased to 85 per cent environmental budget cut at the Mornington speak on the matter of public importance on behalf of Peninsula National Park. That is of great concern. If it the National Party. Firstly, I agree with the member for is not able to keep the environmental and heritage Nepean, who he said that there are much more issues going there at the moment, I am not sure how the important matters that could be brought before this government can say it is going to look after them but house for debate today, particularly since we are only not provide the funding. sitting on Wednesday and Thursday this week. Some of those issues are very important to country Victoria, The government has committed to employing 50 new such as the drought and the lack of public housing. rangers. I understand that none of them is going to be at the Mornington Peninsula National Park. Again I am The issue of the ownership of the surplus land by the not sure how the government can protect any national Department of Defence at Point Nepean has been very parks or any state parks if it is not going to put rangers emotive for quite a long time. Both sides of the in there to make sure that people are doing the right argument have been put out in the press, with some thing by not damaging property or the land. people supporting its use as a national park and others supporting more open and public use. It is a very As I said earlier, the Bracks government does not have emotive issue for people who live in that area of the a good record in managing national parks or state parks. Mornington Peninsula. Late last year I visited the Rushworth State Forest, which is now a national park, and the It is a bit rich for the government to be putting Heathcote-Graytown National Park. I visited them with conditions on that land and saying that it has a plan for the member for Rodney and the Honourable Bill Baxter the land when it had the opportunity to buy the land but in another place. We found that the government wants did not do so. During a debate among leaders in the last to stop timber cutting and indeed has stopped it in that election campaign the Premier said that the government area, which the government said was going to be of would buy that land, so it is a bit rich for the great benefit to Rushworth and Heathcote. It said it was government to be coming in here now and saying what going to bring in more tourism, so timber cutting has should be done with that land and that it has a plan for finished and Risstrom’s mill has stopped. The area has it. The Premier said the government would buy the land become a national park, but although the government and then reneged on that promise. Victorians will said it needed to be a national park, there is no signage. realise that that is another promise this government has How will anybody know if there is any tourism made but failed to carry out. advantage to be gained by going there?

The government said that the community wants all the Also the government has not put any fences around it. Point Nepean land in a national park, that it has a plan While the government has put the land into national for Point Nepean and that that is the reason it wants to parks and said it is going to manage it, it is certainly not MATTER OF PUBLIC IMPORTANCE

1490 ASSEMBLY Wednesday, 5 November 2003 doing that, and people are being prosecuted for being heritage protection to make sure that the people who there. The government said it was putting it into a lease that land for whatever reason or use — whether it national park for all the right reasons, but community be for community use or for educational or recreational access has been prohibited in some areas and the park is purposes — comply with what is envisaged. I not managed well at all. It is not being looked after, and understand the federal government is going to put some people would not want to go there. When I visited those very stringent conditions on the use of that land, and parks I saw the areas that had been locked out, and they that is important. were badly mismanaged. The grass was up very high. It was not an area that any tourist would want to go to. I understand there could also be some conditions about Putting something into a national park does not protect there being no private housing or no building so that it at all. that land will be used only for uses that are going to be appropriate to that area and that the local community We also have problems with properties bordering supports. It is important that the federal government put national parks or state forests. There are a number of those conditions on any lease. areas in my former electorate that border national parks. Any government that wants to put areas into national I heard the member for Nepean talking about the parks also has to make sure that it is going to protect heritage buildings on Point Nepean and saying that the those areas. There are farms that adjoin those national government is not protecting it at the moment. That is parks, and National Party members are greatly the issue: if you are going to put something in concerned that the government does not look after the government ownership you have to make sure that you weed problem or the feral animal problem. It is the protect it. It is no good allowing heritage buildings to farmers on properties adjoining those lands who in run down and say, ‘They are heritage buildings, so you effect have to look after the problems. In some ways can’t use them for anything’. You have to look after they are managing the land. them and make sure that they are being repaired properly and are protected as heritage buildings. I am not sure how the government is going to manage this extra 205 hectares of bushland which will be I understand no money is being spent on that land now. incorporated into the Mornington Peninsula National That is an important point. It is all very well for this Park. I understand a community reference group of government to come in here and say that it is going to about 25 locals produced a master plan. It is important do this and going to do that but if you look at its past that locals have input into what is going on with that record you see that historically this government does land, because they are the ones who live there. Part of not look after its national and state parks, does not look the land will be used for education purposes, research after the neighbouring land and does not look after its purposes and tourism. There will be school use and heritage buildings. It is just a grab bag to say, ‘We want university use for research, including maritime some more land, and we will look after it’. We are research. The land will be used for public purposes, so saying that you can see from the government’s history it will be open to all the community, which is very that it is not doing very well. important. One of the decisions made by the community was that it wanted the land kept open. Public access will not be allowed in some national There is plenty of open space, parkland and land for parks, and that will be a great concern for some in the public recreation and even sporting use. As well as community who know that some recreational and other youth activities there will be a community centre and uses will not be allowed in national parks. The National rescue facilities. Party believes the government should better manage the national parks that it has currently, look at how Point The land will be kept in public ownership and will be Nepean land can best be used for the good of the whole leased for community and tourism activities such as a community and support the developers who will lease museum, a restaurant, conference facilities and the land to make sure that it is kept in public ownership accommodation. The federal government will put for appropriate community use with safeguards to strong conditions on the lease. I heard the member for protect the environment and heritage values of the site. Benambra say in an interjection that there would be 12 points. If the member for Benambra is speaking on Mr HARKNESS (Frankston) — It is a pleasure to this motion, I hope he will outline what those 12 points join this debate, but I must say that it is very saddening are. and shocking that this situation has been able to evolve into the one we are now faced with. I recall visiting the Conditions on leases can include requirements on quarantine station at Point Nepean and walking around environmental protection, community access and the area as a child on many occasions. Having been MATTER OF PUBLIC IMPORTANCE

Wednesday, 5 November 2003 ASSEMBLY 1491 born and raised in Frankston, the whole of the It is probably worth spending some time giving some Mornington Peninsula has been my backyard, and attention to what exactly it is about Point Nepean that certainly one of my favourite bits of the backyard is makes it so great. I was leafing through some of the Point Nepean. It is an area of historical significance and material from the Victorian National Parks Association natural beauty. and saw that this is how it described Point Nepean as being special: What we have seen over recent months is almost a free fall, with the commonwealth wanting at first to sell Point Nepean lies at the tip of the Mornington Peninsula, at parts of this site and then in late August wanting to the entrance to Port Phillip, a protective arm curving around the bay. Point Nepean is the cradle of Victoria’s history: an lease it, which is almost as bad. It is important to note Aboriginal mothering place, and the landscape the European that you cannot simply pay lip service to our settlers and explorers described as they sailed into Port Phillip environment, our heritage and our culture. You simply Bay 200 years ago. cannot take these things for granted, because they must Point Nepean is an inspirational landscape, a unique location be passed on to future generations. that combines the rich built heritage from the early 19th and 20th centuries with breathtaking coasts and seascapes. Let me investigate what people have been doing over the last few months. We have had an honourable Who in their right mind would want to see that lost or member for Western Port Province in the upper house, destroyed by the construction of hotels? Geoff Hilton; the member for Hastings; and the federal Labor candidate for Flinders, Simon Napthine — An honourable member interjected. another Napthine — out there doing a great job and putting in a tremendous effort in trying to protect this Mr HARKNESS — Nobody in Victoria; certainly site and look after our environment. On the other hand, nobody on the Mornington Peninsula wants to see that on the flip side, we have had a Victorian who is the occur. Apparently the only people who want to do it are Liberal federal environment minister, the federal the people up in Canberra or their sycophants in member for Goldstein, doing absolutely nothing to stop Victoria — the people who will stand up for Canberra this decision. We have had another Victorian, the before they will stand up for Victoria. It is absolutely Liberal federal Treasurer, the federal member for disgraceful. Higgins, doing absolutely nothing to stop this decision. We have seen the Liberal Party’s form on this with the And the only thing we have seen the Liberal federal things it has sold off over some time. It sold off member for Flinders do is put out 40 000 leaflets at electricity, it sold off gas, and it would have sold off taxpayers expense to absolutely no avail. water too if it had had half the chance. I noticed in the An honourable member interjected. Sunday Herald Sun on the weekend that the Frankston East branch of the Liberal Party wants to sell off the Mr HARKNESS — They are misleading ABC as well. The fact that it wants to sell off or at the pamphlets, and there are 40 000 of them. They have very least lease Point Nepean is an absolute disgrace. done absolutely nothing. What the federal government The Liberal Party should be called to account by either wants to do is profit from our environment, profit from its representatives in this place or its representatives up our cultural heritage and profit from Victorians; but it in Canberra saying to it that our cultural institutions — will not stand up for Victorians. whether they be our environment down at Point Nepean; the ABC, the greatest cultural institution we The state government has not been prepared to stand have; water; or any of those other assets which we hold idly by. It has refused to bow to the wishes of the dear — are not going to be sold. commonwealth, and it has always advocated that the land should remain in public hands. But the An article in the Frankston Independent newspaper of commonwealth does not want that. It does not want Tuesday, 26 August, which appears on page 1 and Victorians to have an area of natural beauty to call their continues on page 11, quotes the federal member for own; instead it wants to effectively hand it over to a McEwan, Ms Fran Bailey, as saying — — Queensland property developer. Victoria is not going to stand idly by and let this happen. It is not going to let An honourable member interjected. the federal government get its grubby hands on its Mr HARKNESS — Evidently it did get through the heritage. I am sure you will see an increase in the censor! Ms Bailey said a strictly controlled lease would intensity of this issue as the federal government keeps best protect Point Nepean’s environment and heritage intending to pursue this shameful, disgraceful and values. She said: disgusting effort. MATTER OF PUBLIC IMPORTANCE

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This is a win for all Victorians. By preserving Point Nepean developers on 40-year leases with an extra 10 years if in the community’s hands we will leave a legacy for all to they choose. It is disgraceful. enjoy for years to come. How disgraceful! What legacy is the federal I imagine most of us will be gone in 50 years time; we government going to give us? It is going to give us an will not be around to protect the site. We need to ensure overdeveloped piece of coastline that is now the most that in 50 or 100 years time — or 500 years time — this beautiful piece of coastline in Victoria. That is the place will still be as it is today — a beautiful cultural legacy it wants to leave. asset of high environmental integrity which is not going to be destroyed and diminished because the Greg Hunt, the federal member for Flinders, said he commonwealth government does not like Victoria, was: Victorians and the people who live on the Mornington Peninsula. I reiterate that it is an absolute disgrace. … delighted with the outcome which guarantees public ownership and public access. It has been a pleasure to contribute to the debate because this is something I feel very passionate about It will only be public for the Queensland property indeed. Point Nepean is an inspirational landscape that developers who will get their grubby hands on this needs to be preserved and protected for many valuable and important site. generations to come. This has been an important The announcement by the commonwealth government process, and it must be continued to ensure that the site on 25 August that it will lease and not sell Point is preserved for time immemorial. Nepean has placed this national icon at very great risk. Mr COOPER (Mornington) — The last The federal government appears determined to stop contribution shows that it is a long way between Point Nepean from getting the protection that it so Frankston and Point Nepean. It is a heck of a long way richly deserves. It is effectively carving up Point between having some knowledge of what is going on Nepean into a number of pieces. The bulk of the down there and standing up in this house as the member community wants to see it retained in public hands in for Frankston has just done and assailing us with a one allotment, not carved up into a whole heap of whole lot of empty, crazy rhetoric and conspiracy pieces and given to different administrations and theories that have obviously been spelled out to him by different developers. The federal government wants to somebody else because I doubt that he has the disintegrate the ownership, the management and the intelligence to understand what he has been saying. control of Point Nepean, which means it will be lost to future generations for many years. This will effectively If the member for Frankston drives down to Point threaten the integrity and the fabric of the buildings that Nepean, he will have to go past Devilbend Reservoir or are on that site. It is contrary to the vision in the the old Mornington High School site and could take a community master plan of a public park managed as a look at some of the sites that have been flogged off by whole, a plan which was coordinated by the this state government. The Devilbend site is yet to be commonwealth government but which it appears flogged off, but the government certainly has plans in unable or unwilling to adhere to. It is also intent on mind to flog it off. The greater part of Mornington High rejecting the views of the vast majority of people, not School site has already been flogged off to the only on the Mornington Peninsula but right around Mornington Peninsula Shire Council. Victoria. As the member for Nepean said earlier, it does seem It is important that the people involved wake up to the there is one rule for this government and another rule reality of the situation and understand how important it for everybody else. Fortunately the member for is. Although 9500 people petitioned this place earlier in Hastings did not come out with this rhetoric. It is a the year that is only a small proportion of the number of wonder she did not because the Deputy Premier did, people who actually have an interest in ensuring that and what she said was parroted by the member for this site is maintained and kept together as a single Frankston when he was speaking about the so-called national park. This includes hundreds of community Queensland property developer. I suppose it is all right groups, thousands of individuals, many prominent for the Deputy Premier to talk about a Queensland Australians, the Victorian government and the property developer. One does not have to go back all Australian Senate. The community at large believes this that far, in fact only back to February of this year, to see site should be preserved, maintained and managed as a whether there is any hypocrisy in what the Deputy single entity for generations to come. It should not be Premier said. handed over willy-nilly to Queensland property MATTER OF PUBLIC IMPORTANCE

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We in this state are all aware of the Deputy Premier’s the people of this state that that is something that has involvement with a property developer in Jolimont. He credibility. It does not have credibility, and you only was prepared to do a secret deal which would have seen have to look at a few things to see why. You only have three high-rise buildings put up in Jolimont; a decision to look at the latest budget papers, which show that the that was fortunately chucked out by Victorian Civil and government has cut funding to the Mornington Administrative Tribunal after the locals found out about Peninsula National Park by a massive 85 per cent. it. They found out about it and had to go to VCAT to protect their interests from the secret deal that was Yet the government is saying it has the capacity, the struck between the Deputy Premier in his dying days as expertise and indeed the finances to be able to deal with Minister for Planning and a property developer. an extra responsibility. The reality is that the government cannot even manage what it has at the It is hypocritical for the Deputy Premier to stand up present time. As the member for Nepean said, any here and waffle on about Point Nepean. The reality is member of this house who wants proof of that should that what is going to happen under the approved get on their bicycle, go down to Point Nepean and have arrangements put in place by the federal government is a look at what has gone on in the area under the control in accordance with the desires of the community of the state government and Parks Victoria. They reference group — the local people — for that site. The should just go and have a look at Pearce Barracks, an essence of the decision should be put on the record important part of our heritage, which is literally falling because it involves a proposal to have the Australian apart — and it will not be too long before it collapses Maritime College form the centre of a world-class completely. It has been ignored for years by this marine precinct, including the Maritime Museum of government, with no money whatsoever being put into Victoria and the Dolphin Research Institute. it. Yet the government is saying it wants to take over the buildings in part of the area that is currently under According to this state government these are terrible commonwealth control. things to have down at Point Nepean. I note that the Deputy Premier said that the Boonerwrung were the Not only that, but as the member for Nepean said, the original owners of the site — and he is quite right about seawall, which is a direct responsibility of this that. The Boonerwrung elders have actually approved government, is collapsing and will cause massive all this; they are actually on side with it. The Australian erosion of that very sensitive part of the land forming Wildlife Conservancy is onside with it as well. Isn’t part of Port Phillip Bay. That has not had any attention that terrible! The state government’s proposal regarding paid to it, either. Yet we have the minister standing up accommodation et cetera on the site in question is here, mealy mouthed and hypocritical, saying that he virtually the same as that which is now going to be wants to see more of the land brought under the control approved. The state proposal was for a 230-bed of his government, which is cutting the funding for three-star and backpacker accommodation project. managing what it has responsibility for right now. That is simply a disgrace. Yet the Deputy Premier stood up today and condemned what is going to be done at Point Nepean. He did not That information is not lost on the people of the just have his tongue in his cheek, he had his fingers Mornington Peninsula. It is very interesting that in the crossed as well. He did not tell this house the truth, and edition of the Mornington Peninsula Leader which he laced his contribution to this debate with the grossest came out yesterday, 4 November, there is a letter from hypocrisy. He knows in his own heart that that is a Mr Kevin McDonald of Sorrento. I want to quote part exactly what he has done: he has not told the people of of that letter, because it is important to put it on the this state the truth. Members on this side listened to him record. Mr McDonald said: in silence, as we listened in silence to the members for Hastings and Frankston. But we have not heard one As a member of the Nepean community reference group that prepared the master plan, I’m becoming bored with all the single thing to convince us — or indeed the vast bulk of nonsense. the locals on the Mornington Peninsula or anybody else who has taken an intelligent interest in this — or make I recall that when we began our work the main fear was that us believe that the wrong thing has been done. there would be residential development, luxury hotels and environmental destruction. I am pleased that the commonwealth adopted the recommendations in full, Members of the government say, ‘We want to have excluding those fears. control of the whole of Point Nepean. All this land is land that we want to control, and we want to put it Unlike the activists, who appeared not to have read the report, under the management of Parks Victoria’. The we believe that much has been achieved thanks to the good work of the CRG, the Nepean community group, government comes along and tries to tell this house and Environment Victoria and our Flinders MP, Greg Hunt. Few MATTER OF PUBLIC IMPORTANCE

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of the activists were on the CRG or are members of the to be achieved if the commonwealth’s leasing community groups in the southern peninsula. In fact, few arrangements as currently proposed come to fruition. attended community meetings unless there were television crews present. One of the important issues members are debating in I wonder whom he could be meaning there? He went this matter of public importance is, as I said, the on to finish his letter by saying: commonwealth’s decision to lease the land to a private developer. It has been said by a number of people — When will the ill-informed nonsense stop? After the next and I agree with this proposition — that deciding to election no doubt, as we are now seeing candidates getting lease the land is even worse than deciding to sell it. traction out of the debate. Grow up chaps — the public are not mugs. What leasing the land seeks to achieve is to circumvent and evade Victorian planning, heritage and He is quite right — members of the public are not environment legislation. The federal government wants mugs. This debate would not be occurring in this house to keep this land as commonwealth land and not pass it if there were not a federal election taking place next over to Victoria so that the government could legislate year. This government is using this debate for nothing to ensure planning, environment and heritage protection more than political traction. Members of the for the site. This is why the commonwealth has come government do not give a damn about Point Nepean up with the leasing plan instead of its original plan to and the Mornington Peninsula National Park. That is sell the land. seen by the cuts the government has applied to the budget for the management of that park. Members of It should not have planned to sell the land in the first the government do not care about that. All they care place. It should have passed the land over to Victoria, to about are the politics of the issue and getting some be used as public land in perpetuity. Instead of handing traction on the issue. Borrowing from the title of the it over as it should have — and as it did with the book by former Senator Graeme Richardson, the Department of Defence land in Sydney, which it government will do anything it can do to get a result. handed over to the state government of New South That is what this debate is all about. Wales — it attempted to get Victoria to buy the land. It is a mercenary — — Mr LUPTON (Prahran) — I am very pleased to be able to participate in this debate, because this is an Mr Plowman interjected. important issue for Victorians as a whole, not just those Victorians who live on the Mornington Peninsula. As The ACTING SPEAKER (Ms Barker) — Order! the member for Prahran I know there are very many The member for Benambra will have his opportunity. people in my electorate, as well as those spread right Mr LUPTON — It is the same mercenary and across the Victorian community, who are taking a very Sydney-centric approach that we have seen with a keen interest in how we can best protect and maintain range of other issues, including the Wimmera–Mallee the environmental, historical and cultural integrity of pipeline. There are a whole lot of issues that the the area around Point Nepean. commonwealth government will not come to the party I am very happy to be able to speak in support of the on, and this is another example of it. We have a matter of public importance proposed by the Minister situation now where the commonwealth proposes to for Environment, which deals with a very significant lease the land instead of selling it to evade and avoid issue, the future of Point Nepean. In particular, the the proper planning, heritage and environment matter of public importance concerns how we might be legislation that would follow if the land were passed to able to ensure that if the commonwealth decides to Victoria. lease the land at Point Nepean: The other aspect of leasing the land to a private … the developer is required to comply with all planning, developer is that a developer who enters into a 40-year historic conservation and environmental controls that would lease with a 10-year option must have the view that it is apply to a national park. going to make a profit out of the exercise. There is no other way in which a sensible property developer would That is a very significant aspect of the matter members enter into such an arrangement. Property development are debating this morning. What the Victorian that is carried out for the purpose of making a long-term government stands for and wishes to achieve is one profit means there is a very significant likelihood of park with one management plan run by one single inappropriate development taking place on that site. management authority, Parks Victoria. It is clear that New buildings that potentially restrict the type of public that is what the community wants, but that is not going access we all want maintained in that area are a very MATTER OF PUBLIC IMPORTANCE

Wednesday, 5 November 2003 ASSEMBLY 1495 significant likelihood if a private developer has a and hundreds of other community groups, makes it long-term lease over that site, because as I said, it will clear that we should not put use of the land before be willing to enter into such an arrangement only if it protection of the land. I believe that is the most believes it is going to make a significant and substantial significant problem with the Howard government’s profit out of it. approach to this issue: it puts use of the land ahead of protection of the land. Of course leases can be changed over time. Even if a current government actually intends to put restrictions In the debate this morning the opposition, and I have to on the type of development and use that a developer say the National Party as well, has an opportunity to may apply to the land, what is to stop future come on board and start doing something positive for governments, in agreement with the developer, from Victoria and the communities that are interested in relaxing the guidelines and conditions so that the protecting the future of Point Nepean. But what have developer may make a more significant profit out of the we seen from the Liberal opposition here in Victoria? arrangement? This sort of exercise makes very many As it does on so many issues, whether it is on health, people in the community fearful about the arrangement education or the environment, opposition members get that has been entered into by the commonwealth up and support Canberra, time and time again. Because government. there is a Liberal coalition government in Canberra, they just support whatever it says and does, regardless Labor has a plan to make sure this site is protected. The of whether it is good, bad or indifferent for Victoria. clear and unambiguous statement we make to the Victorian community is that if Labor is able to in any It is clear and unambiguous that this federal way have a sensible negotiation with the government plan for the future of Point Nepean holds commonwealth government, we will make sure this within it the real possibility that there will be land is protected for future generations. We will, after a inappropriate use of and development on that land. The period of joint operation of the site, legislate to take Victorian Liberal opposition really ought to get behind over the area as one complete and undivided national the Victorian government and stand up for Victoria for park under single management. That is Labor’s plan, a change. It should get behind what we are going to do, and it is supported by hundreds of community groups. get behind the hundreds of community groups who are supporting the community master plan and make sure In many ways this is an unprecedented statement of that the site at Point Nepean is protected for future support by community groups right across Victoria. generations of Victorians. The Victorian National Parks Association and the National Trust of Australia (Victoria) are significant It is clear that the Victorian Bracks Labor government leaders among the community groups petitioning the will do whatever it can to make sure the site is federal government to do the right thing on Point protected. Notwithstanding that it appears likely that the Nepean. But there are hundreds of groups right down to federal government will go ahead with the leasing very small local environment and community groups arrangements, we will continue to attempt to negotiate that are behind the plan that is supported actively by the in good faith on the handover of the land to Victoria in Victorian government. It is about preservation, order to maintain its integrity as one undivided national conservation and environmental education. It is also park under a single management. We will do whatever about making sure that there are no new buildings on we can, based on our Victorian planning, heritage and the site at Point Nepean and that there is free public environment laws, to see that the site is safeguarded. I access to the site in future. wish the Liberal opposition in Victoria would do the same. The Howard plan, in contrast to that, clearly divides the land. Under the Howard plan we are not going to end Mr PLOWMAN (Benambra) — The member for up with a single national park at Point Nepean; we are Prahran said this land should be protected for future going to end up with a site that is divided between generations, and I quite agree with him. The prime different levels of ownership, some public, some motive of the federal government — it should be the private. We are not going to have any control over what state government’s, and it certainly is the state the private operators actually do with their development opposition’s — is exactly that. But if that is the case, of the site — and that is quite clear. why did the Premier go back on his initial promise to purchase it? If this government were really fair dinkum The community master plan, which the Victorian about that, would it not have done that? government supports and which is supported by the Victorian National Parks Association, the national trust MATTER OF PUBLIC IMPORTANCE

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It is interesting to note too that the member for Prahran with $4 million to assist in the improvement of the said we should not put use of the land in front of area — to go towards clearing it of unexploded protection of the land. Clearly it is the use of public ordnance and cleaning up the weed problems. land that is the reason for keeping public land. It is about using public land and using it wisely, and it is the It is ironic that at the same time as the federal wise use of public land that is going to end up being its government is offering $4 million to improve this area protection. Public land is for the people; that is the the state government is reducing the funding for the whole thing. That is the difference between the Mornington Peninsula National Park by approximately opposition and this government, which wants to lock 85 per cent. That is unbelievable. What hypocrisy! things away. I quote from the state government’s own concept plan for Point Nepean, and this comes from the Ms Buchanan — Leasing the land is unbelievable. May 2003 UNESCO conference at Amsterdam. It says: The federal government has sold Victorians out.

… world heritage properties are dynamic entities where Mr PLOWMAN — When you have got a federal cultural and social values evolve. They should not be frozen government actually prepared to put $4 million up front in time for purposes of conservation. and at the same time — the member for Hastings would accept this — the state government is putting on more Clearly these properties are for the best use of the rangers but reducing by 85 per cent the funds to support people of Victoria and the people of Australia. the existing national park area, it is an unbelievable In looking at the matter of public importance that is situation. It is yet another example of how this state before the house I find it extraordinary that the government cannot manage its national parks. government is using this as a means to commend itself. What the state government tends to do is say, ‘We need Frankly I think there is a spelling mistake: where it to protect more land, and we will do that by locking it says, ‘This house commends the government …’, it up as a national park’. That is not the way to protect should be, ‘This house condemns the government for national parks. The box-ironbark areas have been its lack of effort to get the surplus Department of included in the national park system in Victoria, but the Defence land at Point Nepean included in the existing existing funding for national parks has not been national park for the enjoyment and access of all increased, so where does the money have to come Victorians’. It should then go on to say ‘and calls on the from? It is coming from the Mornington Peninsula Victorian government to support the community’s National Park. That 85 per cent reduction in funding for master plan to ensure that future land use comply with the Mornington Peninsula National Park is going to the Mornington Peninsula shire’s sustainability these new rangers, the 50 positions that were an framework’. election promise during the last election campaign, and That is exactly what the federal government is doing. what that means is that every other park is paying the The state government is clearly just playing politics price. over this, because it has been caught out. How can the The main benefits which accrue from the government use the Parliament to commend itself for commonwealth’s plan are the maritime college to be the position it has negotiated when clearly it has failed established in the heritage precinct, the beaches to be the people of Victoria? It has failed the people because opened to the public, public access to the heritage of the Premier’s broken election promise. The Premier, building and a world-class marine centre. The prior to the election, promised to purchase this land for Mornington Peninsula National Park should become the people of Victoria. Immediately after the election, one of Australia’s great public parks with the addition as with so many other promises, he backed down. of that 205 hectares and $4 million of federal There can be no doubt that every Victorian who is government funds. It is up to the state government to interested in any way in Point Nepean would like to see match that and ensure that that park is properly funded. this area stay in public ownership, and they would certainly like to see improved public access to the Clearly the developments and the heritage buildings coastal areas and the heritage buildings. They would need to have a source of income. That is why the also like to see the Mornington Peninsula National Park federal government has taken the position it has. It is increased in size, and hopefully through that increase be easy for this government to say, ‘We want to keep all better managed. these’. It is being a control freak and saying, ‘We want control over all of this area’, but in fact what we need as The federal government’s proposal achieves all of this the final outcome is for this area to be properly and more by transferring the 205 hectares to the state managed and protected. To look after those heritage government for inclusion in the national park, together MATTER OF PUBLIC IMPORTANCE

Wednesday, 5 November 2003 ASSEMBLY 1497 buildings we need funds, and this proposal will Strait, public walking trail connections, appropriately generate those funds. located bicycle access, control of motor vehicle access and conservation of significant habitats. Unfortunately I Many of the Labor members who have spoken during do not have time — — this debate have talked about profit, as if profit were a dirty word. In fact private enterprise there will inject The ACTING SPEAKER (Ms Barker) — Order! funds into the area which this government clearly does The member’s time has expired. not have. The profit that can be generated will go back into improving this area and will make this one of the Ms CAMPBELL (Pascoe Vale) — It is a pleasure stand-out parks in Victoria. But you cannot do that if to talk on the importance of Point Nepean and the fact you do not have some means of generating funds to that Point Nepean and Victorians deserve to have Point improve the area. The state government heritage Nepean preserved as a single national park. That is council report states that the state government’s record, what we are debating here today. Victorians deserve to especially the role of Parks Victoria in managing have that important piece of our heritage and culture heritage sites, is not good. preserved in its entirety as a single national park.

Mr Dixon — Say that again. The federal government knows the value of nothing but the price of Point Nepean. It does not understand the Mr PLOWMAN — The state government heritage value of Point Nepean not only to the community council report states that the state government’s record, around Point Nepean but to so many of us who have especially the role of Parks Victoria in managing had the opportunity to enjoy the Mornington Peninsula heritage sites, is not good. That is reason enough to say, over many years. We have 90 hectares of prime land ‘Let’s have some other means of managing those down there which should be retained as a single unit heritage sites so they are well managed’. and managed in its entirety for Victorians to enjoy now and into the future. The report states that most park staff lack the expertise for the management of historic buildings. The state The previous speaker referred to the community master government’s threat to the federal government that it plan — and boy, what an opening that is. Let’s look at will curtail the use of the 90 hectares to be leased that community master plan — a plan drawn up with through Victorian planning laws is an attempt to local involvement and with people who know and blackmail the federal government to gift the area to the understand that property, unlike the federal state. That offer has already been made, and it was government. The community master plan had as its rejected by the state government. vision:

I would like to make a couple of points. The Victorian … [a] public park managed as a whole and integrated with planning minister said: the Point Nepean coastal and marine environments to enhance its special sense of place. We had consistent legal advice that state planning laws did not apply to commonwealth land. That was the vision of the community master plan; a vision that was conveniently ignored by the previous This is supported by Phillips Fox, who advised Defence speaker. recently: The leasing of Point Nepean, which is what Fran The current position in Victoria is that planning powers do Bailey, the parliamentary secretary to the federal not apply to commonwealth land, whether or not it is leased. Minister for Defence, Greg Hunt, the federal member Clearly it is a hollow threat by this state government to for Flinders, and the local Liberal members for the federal government in order to try to get the federal Mornington and Nepean support wholeheartedly, will government to accept the proposal that the land be not provide the vision that the community master plan passed over to the state government for free. sought. The leasing of that land will disintegrate the ownership and management of the land; it will threaten I want to finish by saying that the community master the fabric, integrity, spatial association and sense of plan is the issue that this whole thing hinges on. The place of the quarantine station and its buildings; and to federal government has ensured support of that plan, all intents and purposes privatise the ownership and and it will exclude all private residential land use. management of what is currently publicly owned and Property will remain in public ownership and public managed foreshore. Honourable members and access to and along Port Phillip coastal areas will be Victorians can believe the honourable member for restored. There will be access to the key points of Bass Hastings, the honourable member for Frankston and MATTER OF PUBLIC IMPORTANCE

1498 ASSEMBLY Wednesday, 5 November 2003 one of the honourable members for Western Port Who will have controlling beneficial interest, i.e. the power to Province in another place when they say that Victorians change direction for the management of the area and/or evict co-lessees? take a lot of pride in that foreshore and the fact that it is public open space and is publicly accessible. How will the maritime activities interface with the adjacent marine national park? The way the federal government is progressing this Will the road causeway covenant that is on the proposed title issue will also encourage linear development and to Police Point be excised by the developers, thus splitting overdevelopment along the shoreline of this national this great bit of land the Liberals claim is so important? coastal treasure, and it will contradict the underlying principles of the Victorian coastal strategy. The How will this management plan integrate with the vision and management plans that will now have to be drawn up by the community master plan has, in essence, been ignored. I other owners/managers, Parks Victoria and the Mornington would like to offer as a suggestion as to why it has been shire? ignored the fact that this land is not on Sydney Harbour and does not accommodate Kirribilli House. If John And he concluded: Howard had a proposal before him to lease the land The future of the 90 hectares is now being decided without around Kirribilli House, what do you thing his reaction public consultation, behind closed doors with developers. would be? He would put his foot down, and as Prime Instead of Point Nepean being unified as the community Minister he would say, ‘This is prime public land’ — requested it is now laid out like a corpse to be carved up. It and it is important that Point Nepean be recognised as will be a result that will haunt Greg Hunt and the Liberal being prime public land. Party for the rest of their lives. In contrast to what happened under the secrecy I contrast the strong support for the local community provisions of the federal government, the Victorian given by the honourable members for Hastings and expression of interest document has been released by Frankston, one of the members for Western Port our government. That is a public document, and it has Province in another place and the Labor candidate for been well documented not only in this house but in the Flinders, with what I think is the miserable media. I have some questions that remain unanswered, representation by the Liberal proponents, who are really and they should be answered by the federal Liberals first and Victorians second. government. They were outlined in the Herald Sun of Simon Napthine, the federal Labor candidate for 22 October. I want to know what the federal Flinders, went out on the front foot and said it is government has done to ensure that the Queensland important that the community knows and understands property group, FKP Ltd, will ensure that Point Nepean exactly what is occurring down there with the lease is protected. We know from the Herald Sun article that conditions. The signing over of that site to a lease it has been prosecuted in Queensland for illegally agreement means that Victorians will have no say in felling trees and destroying vegetation. It was fined what a developer can or cannot do on this site for the $4000 after chopping down gum trees and failing to next 40 to 50 years. That appals me and many members protect other trees on a building site earlier this year. on our side of the house, and it certainly appals the Point Nepean is a very fragile environment. It cannot community around Point Nepean. afford to have a property developer let loose with a The tender allows for four uses — educational, chainsaw with no regard for this sensitive area. I recreational, community, and tourism. It has been applaud the work of the community down there. I suggested that that sounds quite noble, but when you applaud the work of our state Labor members and the look at the lease conditions, that is where you come to a ALP candidate for Flinders, Simon Napthine. They stop. We are not able to identify what are the lease have fought for the community. The community master conditions. Who has been asking for those lease plan has been lost — the Victorian community has lost conditions to be outlined? It has been the Labor a great piece of its culture and heritage as a result of the Party — the members of the state government, who are federal government’s appalling decision. active on this issue, and also the federal Labor Mr DOYLE (Leader of the Opposition) — I will candidate, Simon Napthine. make a brief contribution to this important debate, but The Labor federal candidate for Flinders asked many at the outset I would have to say that this is not a matter pertinent questions in his media release of Monday, of public importance debate; it is a fairly pathetic 20 October. He asked: rearguard action to cover up a broken promise. It is not about environmental issues or management issues; it is What are the environmental and heritage building management credentials of FKP property developers? MATTER OF PUBLIC IMPORTANCE

Wednesday, 5 November 2003 ASSEMBLY 1499 all about what Steve Bracks said at the last election and National Park, particularly with the environmental why he has backed away from that. budget being cut by 85 per cent, the big question is whether this government has any environmental I have somewhat of a vested interest in that statement, credentials for taking care of national parks at all. That because I happened to be in that debate with the has been canvassed by many other speakers. Premier nearly a year ago, and I want to quote to the house verbatim what the Premier of this state told There is a misapprehension that this terrible private Victorians just a couple of weeks before the last state sector Queensland firm is somehow the devil incarnate election. and that we do not know what the lease requirements are. That is not strictly true. We do know some of the Ian Henderson from the ABC was the interviewer, and requirements of the lease — that there will be no he asked the Premier directly: residential housing development, no five-star hotels, no new cliff-top developments and there will be strict If all else fails, would you buy the Defence land at Point Nepean to ensure it remains a national park? heritage, planning and environmental controls — and I will come back to those in a moment — sustained reuse The Premier’s answer to that was: of the site for educational, recreational, tourism and community purposes, guaranteed public ownership and We’re actually very prepared and ready to do that very thing, but we want the owner to clean it properly, you know the access, a maritime college and museum, and limited explosives and the … I know I’m going a bit long. tourist accommodation. We know the outlines of the lease. Henderson then says: Much was made by the other side of the fact that the I know the issue; if they don’t? planning will not fall to the state government. It The Premier states: pretended that there are not strict heritage and planning controls that are able to be put in place by the federal Um, the answer is yes, we would proceed; we have the government. This land will be caught by two federal legislative capacity to do that for our green wedge legislation, acts, the Australian Heritage Commission Act and the that if the commonwealth ever try and dispose of this, we will Environment Protection and Biodiversity Conservation make sure by legislation it stays in public hands and part of a national park. Act. With the first the Heritage Commission will look at the plans for any lease. The second provides for The critical part of that is the earlier statement where Environment Australia to look at any plans and assess the Premier was asked directly, ‘If all else fails’ — no the impact, and either body can say, ‘Go away and start equivocation or ifs and buts — ‘If all else fails would again’ or ‘Proceed’. Conditions can be imposed by you buy the Defence land at Point Nepean to ensure it those two national bodies. remains a national park?’ The Premier’s response: To give a very potted version of the planning We’re very prepared and ready to do that very thing … process — because in the short time available for public importance debates introduced by this open, honest and In other words, yes, as the Premier says in the second transparent government you do not have much time to answer. That promise was broken. I do not think it is an tease out a point — when the state looks at its planning accident because I recall very well the next question laws it talks about land zoning or land use and the posed by Ian Henderson during the leadership debate. highly site-specific plans that would be overseen by Henderson asked him to categorically rule out putting Minister Delahunty. The federal powers are more all tolls on any new or existing roads, to which the Premier encompassing. When you look at the impact on the said yes, he would rule out putting tolls on any new or land, you see, as I have said, that two bodies have to existing roads. I think the Point Nepean promise can be sign off on it, and in this case it would go through put in the same basket as the Scoresby promise — in Ministers Kemp and Hill. The argument from the other other words, they were just politically expedient side simply seems to be that it wants the state statements during the campaign that the Premier was government minister to have control of the land. It has later prepared to walk away from in a barefaced way made no argument showing why the federal acts or the once the election had been won. federal ministers cannot institute equally strict controls Many members have pointed out very appropriately over this important heritage area; the argument simply and eloquently that it is all very well calling for this to seems to be that the only jurisdiction with planning be part of a national park, but when you look at the capacity is the state. That is simply not true. record of this government in the Mornington Peninsula MATTER OF PUBLIC IMPORTANCE

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When you look at the Victorian government concept referring to legislation before the house. I remind him plan and what the Victorian government proposal was, of his responsibilities in that area. you see that it is not dissimilar to the lease requirements that have already been outlined. It included converting Mr DOYLE — I certainly would not breach the rule the existing cottages for accommodation, having a of anticipation. However, that legislation offers leases living heritage precinct with a three-star guesthouse for 50 years over vested Crown land. Time after with low-cost accommodation, a school camp or time — — backpacker precinct and converting the three hospitals to low-cost accommodation for up to 150 people. The Ms Lindell — On a point of order, Acting Speaker, state government concept plan also said that the you have already warned the member about the rule of previous heritage studies identified that some of the anticipation and he has not batted an eyelid but has buildings are redundant and may have to be removed. continued in defiance of your instruction. I ask you to call him back to the matter at hand and to desist from The point I make in the brief time I have left is that all anticipating the legislation. the way through this process the state government has not dealt transparently and honestly with the federal The ACTING SPEAKER (Mr Delahunty) — government. Time after time it comes into this place Order! I uphold the point of order. I again remind the and bags the federal government and then pretends that member of his responsibilities. in some way there should be a positive working Mr DOYLE — I will not go back to the Puffing relationship between the two. No wonder there has not Billy legislation, but I am certainly looking forward to been. The state government has not at any point, despite the debate. the fact that it made the promise in early November last year, put money on the table as the Premier promised it Ms Eckstein — You’re a Puffing Billy! would. At no point has it dealt fairly with the federal government. Mr DOYLE — You can’t take the private school out of the girl. That is about as good as the Treasurer The last point I make is the most telling. We have calling me a duffer! crocodile tears from the other side about this appalling lease, selling off our heritage and how terrible the The important issue is that what we have heard today is private sector is, that it is awful to make a profit and not a matter of public importance. It is not a cogent that it will destroy the heritage of this area. It may have argument made by a consistent government. We have escaped members of the Labor caucus who are here heard today an attempt to cover the government’s today and who complain about it that in this very house tracks, to rewrite the history of last November. What it at the moment the government has brought in a bill, the says to the house is that the Premier of this state can Emerald Tourist Railway (Amendment) Bill, dealing say, as he did over Point Nepean and as he did over with another of our great icons, Puffing Billy. What Scoresby, that the government will buy the land in the does it want to do with that great heritage icon? The Point Nepean case and will not toll Scoresby, but what second-reading speech says that it wants to facilitate we have found is that the moment the election is over commercial development as a major tourist attraction those promises to the Victorian people go out the with interpretive centres, cafes, restaurants and tourist window. That is what this matter of public importance accommodation, increase expenditure and overnight is all about. stays, and generate increased lease revenue for the railway. It says that to take advantage of this important Ms MARSHALL (Forest Hill) — The Victorian opportunity the board needs capacity to offer leases that government recognises that Point Nepean is not only a are commercially attractive. It goes on to say — and national treasure but also an Australian icon that is rich remember the crocodile tears and hypocrisy from this in natural and cultural heritage. It is an absolutely mob of low-octane duds on the back bench on the breathtaking area of our coastline. Its beauty and its Labor side — that the 21 years available for lease at the nationally significant buildings are viewed as assets not moment for this heritage icon is not enough. It wants to only by Victorians but by Australians. bring in 50-year leases! Its own legislation does exactly Obviously Point Nepean is an area that needs to be what it is complaining about today. What a pack of preserved as a single national park, but it is threatened hypocrites! It says the bill amends the Emerald Tourist at the moment by the commonwealth government’s Railway Act — — decision with regard to the land and essentially the The ACTING SPEAKER (Mr Delahunty) — decision that will be made on how to divide that area. Order! I remind the Leader of the Opposition that he is The community consensus statement put out on Point RULINGS BY THE CHAIR

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Nepean was put together by the Victorian National that the federal government has shown yet again its Parks Association, the National Trust of Australia disregard for the contribution that Victoria makes. (Victoria) and the Victorian community. It was signed by over 170 community groups which were The Liberals do not seem to value their own state. They representative of more than 400 organisations. They all certainly do not seem to value the opinions of have the same desire to save Point Nepean for a very Victorians; and as we have seen yet again, they simple reason — specifically their concern was about certainly do not value Point Nepean. the proposal by the commonwealth government and what effect that would have on the site. The SPEAKER — Order! There appear to be no further speakers on the matter of public importance. According to the commonwealth government, Point Business interrupted pursuant to sessional orders. Nepean is a place for five-star hotels, for condominiums, for holiday apartments and lodges, for golf courses, car ferries and helipads, et cetera. This is RULINGS BY THE CHAIR what the Liberals are openly joining and endorsing with the commonwealth government on. The Committee reports commonwealth government is moving in the incredibly insensitive direction of overdevelopment. Members of The SPEAKER — Order! Before moving on to the that government are ignoring the pleas of the Victorian consideration of parliamentary committee reports, I will community. The Liberal members stand up to denounce make a quick statement in relation to them. This is a the state government, but it is the state government that new process and we have not had any guidelines on it is specifically listening to the concerns of the Victorian before. A number of members have raised concerns public and communities. The commonwealth about the discussion that has been held so far. government is not penalising only Victorians in this instance; this is the commonwealth’s inadvertent and I want to make it clear that the consideration of deliberate penalisation of all Australians. And in a sense parliamentary committee reports must relate to the it is an even greater penalisation, because Point Nepean committee reports. They are for statements about the is such a national icon that tourism, which is drawn to content of those reports, and perhaps about the that area, may be adversely affected. involvement of the members of the committees presenting the reports and matters relating to them. The Every time I hear a Liberal member stand up and talk time for the consideration of reports is not a device for about the Victorian state government’s decision I think members to use to move on to discussing in that time that this matter is essentially one of cause and effect. By current issues that may be of interest to them. I will be cause and effect, I mean that the first decision was having discussions with the temporary chairs of made by the commonwealth government and a reaction committees at our regular meeting on Thursday, but I has been forced — the state government’s hand. I wish remind members who wish to speak today that they Liberal members would be honest enough to focus on must speak on a committee report. the initial decision and its impact on Victoria in that way. Mr Wells — On a point of order, Speaker, does your ruling also apply to whether you agree or disagree The Leader of the Opposition sat and listened to some with a committee’s recommendation? Is that part of the of the speeches of Labor members. He had the audacity response that we can make with regard to a report? to sit there while it was mentioned that yet again there had been an instance of the commonwealth government The SPEAKER — Order! No, so long as it relates putting Victoria last on the list and interject, ‘Yawn, to the report, you are welcome to comment on the yawn, yawn!’, obviously indicating his sense of recommendations if you disagree with them. My point boredom with hearing repeatedly Labor members of was that on a couple of occasions, under the guise of Parliament mention the simple fact that yet again speaking about a committee report, a member has Victoria has been put by the commonwealth referred to a matter outside the committee’s government last on the list. This is not in reference only jurisdiction. It is fine for you to comment on a to Point Nepean; there are so many other clear instances committee’s recommendations. where this has happened. The fact is that the Leader of the Opposition, who is meant to stand as a strong representative of his own party, is arrogant and insulting in displaying such a biased attitude to the fact PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE

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PUBLIC ACCOUNTS AND ESTIMATES departmental secretaries to come up with ideas that they COMMITTEE believe will recognise quality staff performance. Budget estimates Committee members also believe that the DTF needs to be more proactive in establishing best practice in Ms CAMPBELL (Pascoe Vale) — I rise in relation performance measurement and reporting. I highlight to the Public Accounts and Estimates Committee this chapter of the estimates report because I think it (PAEC) report on the 2003–04 budget estimates. In that would be useful prior to the committee’s future work in report, at the conclusion of our deliberations on the an inquiry on this matter that departments give attention budget estimates, we devoted a chapter to the to the quality work that is being done by individuals or Auditor-General’s report on performance management groups within their jurisdiction, and that they share that and reporting entitled Performance Management and work. It would also be useful if the DTF began work so Reporting — Progress Report and a Case Study. that when our inquiry is held it has a submission that Committee members have provided to the house some will document what is occurring and what will be able comments on progress in relation to that report. to be shared far and wide.

I want to highlight, particularly for the benefit of departments within the government, the key findings of ROAD SAFETY COMMITTEE the committee. In the past the committee has expressed concerns about the slowness in the development of the Older road users performance management and reporting framework. This work would be familiar to you, Speaker. It is Mr DIXON (Nepean) — I wish to make reference important for government to have clear performance to the Road Safety Committee’s report on older drivers. measurement and reporting frameworks. In the As a former member of the Road Safety Committee I committee’s view the gaps that exist within the current can see that it has done its usual good job. I have a framework have hindered accountability for the particular interest in older drivers, because I represent performance of departments in the delivery of service an area with a huge number — — outputs and the desired outcomes. An honourable member interjected. In considering the Auditor-General’s report on The SPEAKER — Order! The member should not performance management and reporting ever so briefly, make personal reflections on other members! PAEC committee members decided that they wanted to alert the Victorian public service to the fact that the Mr DIXON — I ask him to withdraw! committee will be following up the Auditor-General’s report, which was delivered in April, and will hold a An honourable member interjected. future inquiry in this matter. We also highlighted the importance of the work of the Department of Treasury Mr DIXON — The member has obviously not seen and Finance (DTF). Agencies need assistance from the my Green Rocket! department in implementing the performance management and reporting framework. The committee I represent an area which has a huge number — — is concerned that the DTF needs to be engaged in any An honourable member interjected. form of active monitoring of the progress made by agencies in implementing its framework. The SPEAKER — Order! The poor member for Nepean! This is harassment! The committee also believes that where leadership is shown by departments or agencies in performance Mr DIXON — I get more hassles from my side than management and reporting that expertise should be from the other side! acknowledged and the information shared. In our estimates work we have come across some excellent I represent an area that has a lot of older drivers. They work being done by a number of departments or have read some of the media reports on the sections within departments. We believe that those recommendations in this report and have been quite departments and the workers involved in the alarmed by them. The thing that seems to worry deliberation and formulation of their performance them about what they have picked up from the management reporting framework should be media — and I have reassured them that they are only acknowledged. There are many ways that people within committee recommendations at this stage — is that they the departments can be acknowledged, and it is for the are perhaps being picked on, more so than any other ROAD SAFETY COMMITTEE

Wednesday, 5 November 2003 ASSEMBLY 1503 group in the driving public. They acknowledge some of Mr HARKNESS (Frankston) — I would like to the statistics, but they are asking that they be treated as speak on the report of the Road Safety Committee’s a driving group equal to any other group out there on inquiry into road safety for older road users. It is the road. important to note the wonderful chairmanship of the committee provided by the member for Geelong. It is They ask why they are being singled out when the also very important to note that one of the biggest insurance companies, which always have an eye on the challenges facing policy makers in the area of road dollar, in most cases reduce their rates for older drivers. usage is the increasing proportion of older people who Over-55s get special insurance rates — in fact one are driving on our roads. I quote from page 6 of the insurance company will only insure over-55s. The report, which states: insurance companies conversely believe that the younger you are the higher the insurance premium you The proportion of the older population with a driving licence should pay. If you look at the data on people with continues to increase, with currently 75 per cent of those over 65 years holding a licence. Numbers are expected to continue no-claim bonuses, you see that most of them are in the to increase, especially for women. group we classify as older drivers. So the point older drivers make is a good one: if older drivers were We are finding that both partners in a relationship are causing the greatest havoc on our roads, they would be driving vehicles, and if you drive down any suburban slugged accordingly in their premiums. street, you often see four or five cars in one yard. We now have many more vehicles on the roads, given the Certainly older drivers have commonsense, more so ageing population and, as I said, the fact that both than many younger driers, and by and large most of members of a relationship are now driving. So we have them know their limitations. For example, in dark or a real issue which we need to address. We also need to wet road conditions they will not go out and drive, look at what we are going to do about future because they know what their limitations are, or they generations of older road users. Page 9 of the report may limit themselves to driving in the local area. In my states: electorate, with the lack of public transport into the hinterland and in most of the other areas, they need Travel patterns of older road users may change when the their cars to go to the shops, to church, to doctors’ generation who grew up with cars and licences from early teenage years becomes older. Many current older road users appointments and to take part in other everyday did not have access to motor vehicles at a young age and in activities that keep them as active participants in our some cases still do not have cars or licences. community. They feel threatened about the possibility of their losing their independence, and that is why I It was with a lot of pleasure that on Sunday I, along have been inundated with so many responses to the with the member for Nepean and the member for recommendations of this committee. Western Port Province in the other place, participated in a fundraising event to help educate young people. If we When the government considers these do not do something about educating people who are recommendations I ask that it looks very carefully at about to enter driverhood at this particular stage, we what the long-term effects on our older community will have an even bigger problem in 40 or 50 years time might be. I am very aware of that. It also needs to look than we have at the moment. at the alternatives. What is out there for those older people who perhaps should not be driving? For I would like to acknowledge Graham Spencer and some example, the government should increase rather than of the other people involved in the Fit to Drive reduce funding for and access to multipurpose taxis, program, which has become very successful at the local and it could provide more public transport services or level in educating young people, particularly in their make them more flexible so that people who are no last three years of secondary school. The Fit to Drive longer able to drive because of their age or because they program has involved schools throughout Frankston are infirm in some way have alternatives and are not and Mornington Peninsula. I was a little disappointed stuck at home relying on other government services. on the weekend to have come in behind both the member for Nepean and the member for Western Port I ask the government when it looks at these Province in the other place, but I put it down to the fact recommendations to consider them quite deeply so it that they had competed in this event previously. Next can foresee the far-reaching effects that this report year we will see if we can change that around! might have on older drivers. I particularly ask that because, as I said, many of the older drivers in Victoria The other issue I want to address in the time remaining are in the electorate that I represent. is eyesight tests. I wear glasses, but I did not when I first got my licence 10 years ago. Eyesight deteriorates ECONOMIC DEVELOPMENT COMMITTEE

1504 ASSEMBLY Wednesday, 5 November 2003 over time, and on page 53 of the report Dr Ball and feedlotters that operate two feedlots at Portland, to the others from the University of Alabama are quoted as people involved in the transport industry, to the port of having said: Portland and to the many people involved in loading and handling sheep for export. This industry is of vital Driving is a wholly visual task, and thus it might be expected importance to Victoria. that the higher incidence of visual problems and eye disease in the elderly is the primary cause of their driving difficulty. I point out in passing that table 2.10 in the report I know from my own experience that over a period of contains some errors, and I ask that the committee 10 years my eyesight has deteriorated. Under present re-examine it and correct the errors. The table heading regulations if you get a drivers licence at the age of says ‘Live animal exports from Victoria (number in 18 years you could still be driving when you are 90 or millions)…’, and the table shows that 77 million sheep 100 years old without having been required to wear were exported out of Victoria in 2002. I think the glasses or have checks on your eyesight. authors mean $77 million worth of exports. Some of the Recommendations 13 and 14 in the report go some way figures for earlier years may also be incorrect. I know it towards addressing this problem. Recommendation 13 has been sourced from somewhere else, but I ask that proposes: these facts be checked. I think $77 million worth of live sheep have been exported out of Portland. As I said, That driver eyesight standards and assessment methods in this is a very significant industry, and I ask the Victoria be comprehensively reviewed and an assessment be government to take note of how important it is. developed and implemented to replace the current acuity test. Recommendation 14 proposes: I congratulate federal Minister for Agriculture, Warren Truss, on the excellent way he handled a very difficult That eyesight assessments be required prior to renewing a situation regarding the Cormo Express. The licence. government was able to work with Eritrea to have the sheep unloaded in that country and used for humane It is vitally important that we ensure not only that road purposes. It is vitally important that I say here and now infrastructure throughout the state of Victoria is of a that these sheep should not have been returned to high standard but that the issues surrounding the driving Australia and that that possibility should never have ability of all Victorians, particularly older Victorians, been considered. This report highlights Australia and are adequately addressed, given that a large and Victoria’s unique natural advantage as a clean and growing group of people are behind the wheels of green source of primary agricultural production. That vehicles on Victorian roads. That means making sure position would have been placed at risk if sheep had that people who have eyesight deficiencies are not come back from the Middle East potentially bringing in driving on our roads. Some of the issues associated diseases such as foot-and-mouth, Rinderpest, virulent with this are as simple as peripheral or colour vision; blue tongue and sheep pox. We certainly do not want but there are also the issues of speed and distance diseases of that nature in Australia, and I am glad that judgment, which can be a big problem for many people. the federal government found an alternative country for It was with great pleasure that I was involved in the those sheep and that they were not brought back to production of this report over the past 10 or so months, Australia. and I recommend that all members read it with interest. The Victorian government should take note of this industry, and it cannot and should not walk away from ECONOMIC DEVELOPMENT its responsibilities. It should do three things. Firstly, it COMMITTEE should work with the federal government to support the live sheep trade — as opposed to some Labor members Export opportunities for rural industries who want to close down the live sheep trade — —

Dr NAPTHINE (South-West Coast) — I refer to Ms Lobato interjected. the report of the Economic Development Committee on Dr NAPTHINE — I hope the member for export opportunities for Victorian rural industries, and Gembrook has apologised for her stupid comments in in particular the live sheep export trade. This trade is of the house the other week. I urge the state government to vital importance to Victoria, particularly Victorian work with local buyers, feedlotters and exporters to farmers. It is absolutely vital to feed suppliers, in ensure the quality of the livestock that is exported. The particular Heywood Stock Feeds, which supplies the government should be more involved on the ground to live sheep export trade and employs people in the monitor the preparation and export process. township of Heywood. It is also important to the ROAD SAFETY COMMITTEE

Wednesday, 5 November 2003 ASSEMBLY 1505

Unfortunately this government has walked away from leadership role is dependent on the government this responsibility — — providing strong leadership. Certainly the parliamentary secretary calling for a ban on duck Mr Nardella interjected. shooting is not providing leadership in regional Victoria — and he should be sacked. Dr NAPTHINE — The member for Melton says it is trying to handball it and make it a federal responsibility. ROAD SAFETY COMMITTEE Mr Nardella interjected. Older road users

Dr NAPTHINE — The state government has been Mr TREZISE (Geelong) — I am pleased to be involved in this process in the past, with positive effects given the opportunity to once again speak on the for this trade, and this should continue to be the case. parliamentary Road Safety Committee’s report on road safety for older road users. I am also pleased to see the The second issue the report highlights is the need for ongoing interest of members of this house in the report. leadership by government to deliver on export opportunities in rural industries. We need leaders who In my previous contribution on this report I spoke in have the confidence of rural Victoria and who can work very general terms on its importance not only to older with country people. In that context I call on Premier road users, who are the focus of the report, but also to Bracks and the Minister for Agriculture to immediately the safety of the entire community of Victoria on our sack the parliamentary secretary, the member for roads and footpaths. I would like to use this opportunity Ballarat East, for his recent stupid antirural comments. to speak in more detail on a number of the important Last week the Parliamentary Secretary for Agriculture recommendations made by the committee in the report. called for an extension of daylight saving, which is contrary to the views of rural Victoria, and on As I said before, all 41 recommendations had the Sunday — — bipartisan support of all members of the committee. That bipartisan support is an indication that the Road The ACTING SPEAKER (Mr Delahunty) — Safety Committee has operated and continues to Order! The member for South-West Coast should operate to this day in a bipartisan way in a genuine remember that we are debating parliamentary effort across all parties to reduce the toll on Victorian committee reports — — roads. Although there were 41 recommendations, it would be fair to say that probably five or six have Dr NAPTHINE — We are, and the parliamentary dominated public debate — and not only that, they have committee report contains a number of recommendations dominated my life over the last couple of weeks. on the need for government leadership in agriculture to deliver these outcomes. I am commenting on the lack of Recommendations involving issues such as licensing leadership shown by the Parliamentary Secretary for requirements, medical examinations, eye tests and, Agriculture. He needs to have the confidence of rural probably controversially, the use of bullbars on cars in communities, and I am — — Melbourne metropolitan areas have caught the public’s interest and dominated my telephone over the last two Ms Kosky — On a point of order, Acting Speaker, I weeks. was in the house earlier — and I understand that the member may not have been here — when the Speaker However, there are other important initiatives or made a very clear ruling about debate on and discussion recommendations in this committee report that to date around parliamentary committee reports. She made it have not seen the light of day. They include very clear that it was to be on — — recommendations such as that Vicroads address issues surrounding motorised mobility devices, which have The ACTING SPEAKER (Mr Delahunty) — become commonly known as gofers. They are quickly Order! I have heard enough on the point of order. I rule becoming the transport of choice for many older that the member must talk on the parliamentary Victorians. Despite this trend, they remain basically committee report, not reflect on another member’s regulation free. The committee has therefore statements in this house. recommended in relation to gofers on Victorian roads Dr NAPTHINE — The committee makes a number or footpaths that Vicroads: of recommendations calling on the government to play develop safety standards; a leadership role for Victorian rural industries. That ECONOMIC DEVELOPMENT COMMITTEE

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regulate their use on … roadways and footpaths — The committee recommends that the government expedite the announced rail infrastructure projects in rural and regional to this day I am still not too sure if there are regulations, Victoria including the Wodonga rail bypass and what they are and whether they are that gofers should standardisation of rail gauge systems with priority to be given be on roads or footpaths — to regions with high volumes of rural industry freight.

conduct an awareness campaign focusing on the rights and Fortunately this year, there having been reasonable responsibilities of users … rainfall in the Lowan electorate, the harvest looks very good, particularly in the grain and oilseed industries. If The report focused not only on older drivers but also on we had what was promised in the so-called issues that relate to older pedestrians. I am not sure of announcement on standardised rail, particularly from the statistic, but I am pretty sure it is that one in three the Mildura area, it would alleviate a lot of the pedestrians killed on Victorian roads is over 65 years of pressures on councils, with most of the grain being put age. That highlights that people over 65 are well and on rail. Unfortunately, with the Labor government truly overrepresented in the figures for pedestrians sitting on its hands in relation to doing something about killed on our roads and footpaths. The committee, in rail infrastructure, we are seeing problems with addressing this issue, has made a number of standardisation. recommendations, and they include — and I quote from the report: Mr Nardella — We are reopening your lines.

That in order to improve the safety of older pedestrians Mr DELAHUNTY — The line has never been crossing a road, Vicroads and local government: closed. The reality is that this government promised to upgrade pedestrian traffic signals using Puffin spend money on rail infrastructure to make sure that it technology, where required; would meet the demands of heavy freight. Unfortunately the government has not done it. modify existing pedestrian crossings and their signal settings; and Another recommendation is that: provide more pedestrian refuges, painted median strips … the Victorian Rail Freight Advisory Council, in association and kerb extensions. with the Department of Infrastructure, closely monitor the It also recommends: growth in rural industry exports and how these can be enhanced with rail improvement projects. That Vicroads review the safety needs of older pedestrians wanting to cross at, or near, roundabouts. Again I call on the government not only to say it is going to do something about rail infrastructure but to do They are only a few of the recommendations that the something. committee has made on older road users as pedestrians. As I said, one in three pedestrians killed is over the age The report also recommends that the government of 65 years. The report of the Road Safety Committee is monitor what is going on. In western Victoria, as you focused on ensuring that older road users remain know, Acting Speaker, a lot of heavy freight is mobile but safe. As such, I fully and wholeheartedly transported by rail or road. A hub has been proposed for support the recommendations of the Road Safety Dooen. I know the government has been working with Committee. representatives of the industries, but they are fearful that the government is running out of money. That has been shown in what has happened with the health ECONOMIC DEVELOPMENT budgets in the last couple of days. We need to make COMMITTEE sure that the infrastructure meets the demands of rural Victorians, and western Victorians in particular. I call Export opportunities for rural industries on the government to act on recommendation 3.2, which talks about that. Mr DELAHUNTY (Lowan) — I am pleased to rise to speak on the Economic Development Committee I know the member for South-West Coast spoke about report on the inquiry into export opportunities in rural the live sheep trade. I am pleased he has brought that Victoria. up, because it is very important for us in western Victoria. It is a large industry for our community. If we The first point I raise is recommendation 3.1, which stop it, we will be taking over $1 billion worth of export speaks about rail infrastructure and its importance for opportunities out of the pockets of land-holders and rural Victoria. The report states: farmers not only in western Victoria but across Victoria in general and Australia wide. Again I support the EMERALD TOURIST RAILWAY (AMENDMENT) BILL

Wednesday, 5 November 2003 ASSEMBLY 1507 recommendations that highlight the importance of this the Puffing Billy railway, officially known as the very significant report, which talks about support for Emerald Tourist Railway. rural industries. The live sheep trade is an important sector of the export industries. As a former member of the board of Tourism Victoria, I know well what an icon Puffing Billy is and how The report also talks about the water and salinity issues important it is in the scheme of things in tourism in for Victoria and how they are impacting on western Victoria. Indeed I am indebted to the annual report of Victoria. I want to highlight that. We know that more Emerald Tourist Railway Board, which coincidentally work needs to be done, particularly with the South was released this morning and which refers to the Australians, in relation to ground water, because we Puffing Billy railway as having attracted the take water out of the same basin as the South second-largest number of visitors of any tourist railway Australians. The report highlights that in chapter 3, in in the world. On the ladder of tourism railways Puffing which paragraph 3.2 is headed ‘Water and salinity Billy is up there in the grand final, and no doubt with issues’. It refers to the fact that water is important for the amendments this bill makes the opportunity exists our export industries and that salinity issues are for the Puffing Billy railway to reach the top of the tree impacting on those industries. and to become the most visited tourism railway in the world. There are many of those around the world, and I It is important that we work not only within Victoria have had the opportunity of seeing many over the years, but also with the adjoining states. I emphasise that work but of course none was as enjoyable as the one in our needs to be done on ground water in western Victoria own state — the Puffing Billy railway. so that we do not see there what is happening in some areas — whether it be up at Murrayville or at Kaniva or Puffing Billy was put back on the track — forgive the down around Edenhope — where the problem is that pun — in 1962 and has had a proud history since then. the South Australians are taking a little bit more than Its visitor patronage was about 108 000 annually in their share, and the Victorian land-holders and farmers 1962–63 and is now around the 250 000 mark; and I who rely heavily on water for their export products are think in that time most members of this house would finding that that is impacting on their productivity. have travelled on the railway. It is an extraordinary institution. It is a lot of fun. I have been on it as a child, Again it is an excellent report. I take on board the with my children, and as the Minister for Tourism said, comments of the member for South-West Coast on as a big kid. I have been there with my head sticking some of the figures which might not be 100 per cent out the window getting the breeze in my face; breaking correct but which we got from the Department of the rules, as everybody does, by sticking their arms and Infrastructure and from federal sources. Overall it is an head out the window, looking at the forest as it goes by. excellent report. It is a great road map for those people It is an absolute joy. For those who have had the fun of looking for — and I am talking about the federal racing Puffing Billy in the annual foot race — and I government also — industries to go overseas; and cannot say I have done that; it is a bit quick for me and importantly I think it is a great road map for those a bit too far — it has been a great pleasure to see the people who are interested in getting an overview of development of that institution as well. There is plenty export opportunities for people in Victoria. to have fun with on Puffing Billy, and there is plenty to enjoy.

EMERALD TOURIST RAILWAY The railway covers some 24 kilometres from Belgrave (AMENDMENT) BILL down to Gembrook and travels through Emerald and by the lake. There are plenty of opportunities to have fun Second reading along the way — to stop and have a picnic at Emerald Lake. It is an absolute joy to be there in the picnic Debate resumed from 16 October; motion of Mr PANDAZOPOULOS (Minister for Tourism). grounds, as it is to visit the towns along the way — Menzies Creek, Clematis, Emerald through to Lakeside Mr BAILLIEU (Hawthorn) — I rise to speak on and then on to the picnic grounds at Gembrook. the Emerald Tourist Railway (Amendment) Bill 2003, otherwise known colloquially as the Puffing Billy Bill. Puffing Billy is unique because it is a steam railway. I was concerned when the member for Lowan was on For those of us who are still tip-toeing around our living his feet just now talking about the fast rail project that rooms — treading carefully — so as not to disturb the he was anticipating this debate, because indeed the toy railways on the floor, as I am still doing after three Puffing Billy Bill is a bill concerned with the years, there is nothing like having a real steam railway administration of one of Victoria’s favourite railways, in our city. It is a joy, and indeed I think there are those EMERALD TOURIST RAILWAY (AMENDMENT) BILL

1508 ASSEMBLY Wednesday, 5 November 2003 who love the railway lines full stop, and train spotting technique that, if it was operating on a commercial takes on a special significance when you are up in the practice, might have some significant attention drawn hills watching Puffing Billy steam by. to it. Indeed that asset revaluation which is noted on page 32 of the annual report is an increment arising In terms of the Puffing Billy institution as an institution, from in this past year — 2003 — revaluation of it is a serious business. The board currently administers building structures and improvements. While no doubt $23 million of net assets. It has annual revenue of those valuations are correct, the reality is that those around $5.2 million. There are some 1550 paying trips buildings serve only one useful long-term purpose — made each year, and approximately 250 000 paying that is, for the Puffing Billy railway. Therefore, we travellers on the railway line. In that sense it is an need to be mindful of the fact that Puffing Billy is important business. But it is not just the standard picnic operating at a loss; and that is a loss which seems to train that operates. The annual report refers to the night have been sustained over at least a couple of years. train, to the Thomas the Tank Engine train, to the luncheon special and to various other opportunities. At In that light I think the board has wisely observed that it the moment the Thomas the Tank Engine is featuring needs to do something about that — the government for a lot of families, I am sure. has acknowledged that — and has delivered on what it describes as a 10-year plan for Puffing Billy. The Mr Wynne interjected. 10-year plan includes — and I draw on the second-reading speech — looking at ways to strengthen Mr BAILLIEU — Still in our house Thomas is the railway’s capacity to be self-sustaining, and in featuring, but I notice there is no Henry on the track out particular to take advantage of commercial there yet, and perhaps the minister will promise that we opportunities for the railway. Further, the board is keen will get Henry and some other engines on the track in to facilitate commercial development that is the meantime. complementary to Puffing Billy’s operations as a major Mr Wynne interjected. tourist attraction. In the annual report there is considerable reference to the plan, which is clearly well The ACTING SPEAKER (Mr Delahunty) — supported. Order! The member for Richmond! One of the requirements of the 10-year plan is that the Mr BAILLIEU — Because this is serious business, capacity to undertake commercial ventures is included I want to look at the financial situation of Puffing Billy. in the legislation that governs the railway itself. I quote I note that Puffing Billy is administered by the board from the annual report, which says the 10-year plan: under the Emerald Tourist Railway Act, and the board … sets out our objectives in relation to financial viability and relies on some 540 volunteers. There is $3.3 million how we interact with the planning authorities and the Puffing worth of voluntary time being put into Puffing Billy’s Billy Preservation Society. activities on an annual basis — an extraordinary commitment from a large number of volunteers, in It goes on to note a number of items in regard to capital particular auspiced by the Puffing Billy Preservation expenditure. Society, which is a key player in this. But the financial situation — as I said, it is a major business — is an As a part of the 10-year plan we need to acknowledge important one. the extraordinary attraction Puffing Billy has for international visitors. It is not just mums, dads and I want to look at the results over the last couple of families popping up for the weekend to have a look at years. The reality is that in this last year Puffing Billy Puffing Billy. The annual report refers to some 50 per has operated at a loss of some $138 000, and the year cent of visitors being from Melbourne and Victoria and before at a loss of some $310 000. That is the operating 15 per cent from interstate, but a very large number — loss, but the annual report tells us that in fact Puffing 35 per cent — are international visitors, and there is Billy’s total position is better than that. It suggests that considerable capacity to increase that number. This bill the position on revenue terms in this past year has been has been brought before the house with that in mind. a $458 000 surplus, and the year before a $2.6 million surplus. The opposition will be supporting this bill. We are very strong supporters of Puffing Billy. I am happy to say We need to understand that that is not actually an that, historically, the first Kennett government put half operating surplus. What is happening with Puffing Billy a million dollars into restoring the bridgework along the is that those apparent surpluses are being created by an line; the second Kennett government, under the increase in asset revaluation reserves. That is a member for Brighton — the former Minister for QUESTIONS WITHOUT NOTICE

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Tourism — put half a million dollars into rebuilding the (ii) of any site for the erection of any tourist facilities … line in various places and reinstating a continuous line. The Kennett government recognised the land tenure And subparagraph (iv) provides for a lease: issues — for example, at the Menzies Creek station the for other purposes including, but not limited to, the museum was on schedule 1 land while the toilet block development, construction and management of any tourist and works area were on schedule 2 land. Sadly the facilities … Kennett government did not have the opportunity to rectify that, but this bill will. This is an extraordinarily generous provision which we are inserting into the parent act. It provides for a lease There is a history of proud support for Puffing Billy, of Crown land for effectively any purposes regarding and it continues in this bill. But the purpose of this bill tourism facilities. The definition of tourism facilities is is essentially to allow the board to do a number of a very open-ended one, but it certainly specifically things: firstly, to grant leases of up to 50 years over includes all the things which the government, vested Crown land; secondly, to ensure that leases interestingly, is so opposed to including at Point exceeding 21 years are required to be approved by the Nepean and elsewhere. minister before being granted by the board; and thirdly, the main purpose, to facilitate the development, Clause 5 provides for the grant of those leases to be for construction and management of tourist facilities periods of up to 50 years. I listened this morning to the Minister for Environment saying it was a disgrace to associated with the Puffing Billy railway. have a lease of up to 50 years — that is what he told I want to look at the clauses of the bill, and we will this house. But clearly for a lease to have commercial work our way through those. The bill is short, with only relevance it has to be a lease of significance. I note that half a dozen clauses, but it is interesting to compare the proposed subsection 41A(2) says that a lease exceeding provisions here with the attitude of the government 21 years must also have the approval of the minister, regarding other facilities. In the matter of public and that is a reasonable provision. importance debate earlier today it was noted that the government is opposed to using Crown land for tourist They are the core provisions of the bill. The opposition facilities and having long leases in other areas, in supports Puffing Billy; it supports the bill. I think that at any moment we are about to stop at Emerald Lake for a particular at Point Nepean. Clearly there is a measure of picnic, and the journey to Gembrook will be resumed two-facedness about this, because clause 3 seeks to after question time. amend the act by adding into the purposes, responsibilities and functions of the board the provision Sitting suspended 1.00 p.m. until 2.03 p.m. of tourism facilities. That includes tourist accommodation, interpretation centres, convention Business interrupted pursuant to sessional orders. centres, cafes, restaurants, licensed premises, shops, car parks and other related facilities. QUESTIONS WITHOUT NOTICE I note in particular that other related facilities are not defined. Therefore anything which is in general terms Hospitals: funding aligned with tourist facilities can be construed as being supported by the provisions of this bill. We support that Mr DOYLE (Leader of the Opposition) — My position; we have confidence that the board, the question is to the Premier. I refer to today’s tabling of government and, hopefully, its successors in the annual reports, which show that 32 public hospitals and not-too-distant future will support Puffing Billy and health networks recorded a total deficit of $173 million, operate it in a sensible way, respectful of the heritage and to the Auditor-General’s warning last year that: involved and the extraordinary environment the railway Further expenditure pressures, including wage growth, will passes through. But we need to understand that these inevitably impact on the government’s capacity to maintain are entirely new purposes. existing program levels.

Coupled with that, clause 4 of the bill refers to grants of Given the size of this deficit, what action did the leases, licences and easements. It seeks to substitute, for government take to follow the Auditor-General’s section 41(1)(a) of the parent act, the Emerald Tourist advice, and what action will it now take to ensure there Railway Act, a provision for a lease: will not be cuts to Victoria’s health programs and services? (i) of any tourist facilities, shed, office, house or other building or part of a building. QUESTIONS WITHOUT NOTICE

1510 ASSEMBLY Wednesday, 5 November 2003

Mr BRACKS (Premier) — I thank the Leader of we all witnessed a significant investment in Australia the Opposition for his question. One thing that this and in Victoria. government will be doing — and has been doing over the last four years — is investing in health. An extra It was only two and a half years ago that Victoria won $1 billion has gone into the health system. We have had the right to manufacture the V6 engine at its considerable success if you look at waiting lists, Fishermans Bend plant, and there was significant waiting times and ambulance bypass figures. One area worldwide competition for that investment. Today we in particular is the amount of new patients to be treated. saw the plant up and running. It has been running since If you look at the budget estimates, you will see that we Friday, and it will be producing some $450 million in estimated we would treat 35 000 extra patients. At the engines which will be exported around the world to end of the financial year we had treated 60 000 extra Asia, America and also the Middle East. It will generate patients in Victoria. some $700 million in new investment as we move into this decade, and already it has invested some The opposition leader asked me in his question about $400 million in the economy. threats to existing program levels in the future. This government will continue to invest in the health system Before us today were the new people who have been and continue to resource it appropriately and properly. employed at Holden for the production of the One of the things we are doing is examining the very V6 engine. Almost 500 new people have been system we inherited, which is casemix and the cost of employed in Victoria as a result of that investment. To procedures. That goes to the very structural matter say that we are proud as a government underscores the which the opposition leader asked about. That fact that the people who work there and the examination will involve the cost of procedures and management team at Holden were as proud as you therefore will inform the budget process for the future, could imagine at having the new plant commissioned and that is appropriate. and completed. As well as the 500 people who have been employed directly at Holden, there will also be, Holden: engine plant indirectly, about 8000 people employed to service the V6 engine as contract suppliers and under other Mr LANGUILLER (Derrimut) — My question is contracts which are delivered as part of the V6 engine. to the Premier. Will the Premier inform the house of the details of what is yet another vote of confidence in the This comes 55 years after the first all-Australian car Victorian economy with today’s opening of Holden’s was produced at Fishermans Bend in 1948. Now in new V6 engine plant at Fishermans Bend? 2003 we are entering a new phase of export innovation, exporting not only to Holden’s direct suppliers overseas Mr BRACKS (Premier) — I thank the honourable but also to customers of other car companies who will member for Derrimut for his question. With the receive this V6 engine as well. Treasurer, who is also the Minister for State and Regional Development and the Minister for Innovation, This is a great investment in our state, a great and also the Minister for Manufacturing and Export, I investment in the car industry and a great vote of was at the Fishermans Bend plant for the launch of the confidence in Victoria’s capacity to produce effective new V6 motor, which is being produced now at V6 engines, which will be used not only for Holden Fishermans Bend. cars in the future but also for export around the world.

It was very pleasing to be there with Peter Hospitals: rural and regional Hanenberger, the chairman and managing director of Holden Ltd, who will be retiring very soon — and I Mr DELAHUNTY (Lowan) — My question is to think members of this house would wish him every the Minister for Health. I refer the minister to the fact success in his retirement. He has been a very successful that the country hospital annual reports tabled today head of Holden, and I know his successor will also have show that many of our hospitals are now in deficit and a strong working relationship with our government in almost all have posted a poorer result than last year, and the future. Also there was Rick Wagoner, the chairman I ask: what action will the minister take to ensure that and chief executive of General Motors worldwide, who country health services are not impacted on by the came in for the opening. We were pleased to welcome continuing decline in hospital finances? him today. Together with the federal Minister for Industry, Tourism and Resources, Ian Macfarlane, and Ms PIKE (Minister for Health) — I thank the the Deputy Premier of South Australia, Kevin Foley, member for Lowan for his question. When demand surges in our hospitals it is not uncommon for those QUESTIONS WITHOUT NOTICE

Wednesday, 5 November 2003 ASSEMBLY 1511 hospitals to incur some deficit. However, it is important Moody’s Investors Service today affirmed the state of to get this in context: this year’s deficit is around 1 per Victoria’s AAA rating, with a stable outlook, citing the state’s strong financial performance, low debt levels and the support cent of the hospital budget of around $6 billion. We provided by an ample and diverse economy. The state’s spend $16 million every day in our hospital system strong financial position provides considerable flexibility, right across Victoria, so this is about four or five days which has been used in recent years to further reduce debt and of operational expenditure. increase infrastructure investment.

What hospitals could have done was refuse this extra The Holden opening today and the Moody’s AAA demand and come in on budget; or they could have announcement come on top of some recent news that blown out waiting lists, increased ambulance bypasses confirms the strength of Victoria’s underlying or kept people waiting in emergency departments a bit economic position. Victoria’s export of goods rose by longer. They did not do those things; they actually 12 per cent in September even though national exports worked with the demand and are treating, as the fell by 2 per cent. The Victorian performance of Premier has outlined to the house, 60 000 additional manufacturing index was 57.4 points in October, the patients when they anticipated around 35 000. highest level in a year. Business investment rose by 7.4 per cent in trend terms during the past year to reach In fact it is important to understand where some of this a new record level in the June quarter. The state demand is coming from. The latest figures on unemployment rate in September of 5.2 per cent is the bulk-billing here in Victoria are very interesting. lowest in Australia. You put all that together and it is a Compared to this time last year, 830 000 fewer very strong picture for our state. Victorians were bulk-billed — that is, in a 12-month period. Compared to this time last year, bulk-billing is Members may have seen this edition of Business now at a record low — in fact it is the lowest of any Review Weekly for the period 30 October to state in Australia. The bulk-billing rate here is 65.7 per 5 November. It was excellent reading the ‘State of the cent. This is one context that we understand is states’ feature about the investment environment in contributing to increased demand. Victoria. Toyota’s head of corporate affairs, Peter Griffin, is quoted as saying that Toyota had no problem When hospitals are in deficit — and this goes to the selling Victoria as a location for an Asia Pacific second part of the member’s question — governments research and development centre: have choices. They can sack 2000 nurses, they can The government understands the global nature of the close hospitals, they can diminish services or they can automotive industry and it is very supportive. invest. They can invest more and more — they can invest $1 billion in their first term, and they can invest a Paul Tobin from Computershare is quoted as talking further $1 billion. They can undertake price and about its huge investment in our state and saying: governance reviews to strengthen and support hospitals. Those are the challenges this government faces, and The government always has an ear for us. The Victorian business environment is good and the government is very those are the challenges we are rising to meet. supportive, especially when it comes to expansion. Business: investment They are pretty good quotes about the prospects for investment in Victoria. Mr ROBINSON (Mitcham) — My question is to the Minister for State and Regional Development. Will We have had a number of significant new investments the minister advise the house how recent investment in our state over the last year: Computershare, announcements, such as that by Holden today, are $50 million and 1270 new jobs; Toyota Asia Pacific further evidence of strong business confidence in the R and D centre, $75 million and up to 300 new jobs; Victorian economy? GE, $98 million and 1550 new jobs; Visy Industries, $30 million and 130 new jobs; Woolworths, Mr BRUMBY (Minister for State and Regional $100 million and 360 new jobs; the Bristol Myers Development) — I thank the member for Mitcham for Squibb R and D hub; and Ford Australia, $500 million his question and say to the house that the Holden Ltd and 400 new jobs. What we are seeing is people, capital opening is obviously evidence of a very strong business and ideas moving to our state. They are coming here environment in Victoria. It is not just Holden and because of an innovative, supportive business General Motors that have confidence in our state; I am environment, a strong budget position and a great and pleased to advise the house that today Moody’s rating positive outlook for our state. agency has affirmed Victoria’s AAA credit rating. A report states: QUESTIONS WITHOUT NOTICE

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Police: speed cameras to the Productivity Commission to launch yet another inquiry into state-based workers compensation Mr DOYLE (Leader of the Opposition) — My schemes. A short time ago the inquiry handed down its question is to the Minister for Police and Emergency recommendations, which include a number of things Services. Last Thursday the minister claimed the only such as an end to cross-subsidisation of small change to the contract with Lockheed Martin and Tenix businesses within workers compensation schemes. for the provision of mobile speed camera services was that the high-jump bar had been raised from 70 per cent Honourable members should understand that insurance to 85 per cent. Today in the minister’s personal schemes cross-subsidise — that is what insurance is all explanation he conceded that he has in fact doubled the about. The unprecedented end to cross-subsidisation performance bonuses, and the productivity payment would create an immediate impost of many millions of criterion went from 75 per cent to 78 per cent. What dollars on small businesses that could not afford to pay, other changes were made in the contract, and why did which would be to the advantage of the richest and the minister not detail these changes in his explanation those companies who need it least. The report also today given his incorrect claim on Thursday that only proposes that big businesses should self-insure, join one element had changed? Comcare and cut the entitlement of workers, including common-law entitlements. Mr HAERMEYER (Minister for Police and Emergency Services) — The contract with Tenix was, The Howard government also wants to throw open as I indicated last week, a contract entered into by the workers compensation to private insurance companies, former Kennett government, as was the performance allowing them to cherry pick the lower risk businesses. bonus regime. What the government did in This is extraordinary, particularly on the back of the renegotiating a variation to the contract was to firstly HIH collapse and the instability in the private insurance lift the bonus points from 1 per cent to 2 per cent while market. If implemented, the recommendations, I at the same time adjust the level at which it kicks in to believe, will be a disaster for Victorian small businesses start at 78 per cent. and a disaster for injured workers, and they would totally undermine state-based workers compensation I am also advised the government has negotiated with schemes. Tenix a higher penalty for underperformance. The Leader of the Opposition’s assertion that bonus While the Bracks government is happy to look at payments to Tenix have doubled is incorrect, because greater national harmonisation where it lifts standards the bonus payments to Tenix are part of a complex and improves outcomes for businesses and workers, it formula involving both the threshold at which the will not support the Howard government in its moves to bonus kicks in and the incentives and the penalties. The smash state-based workers compensation schemes and amount Tenix may get paid will vary from time to time its drive towards the lowest common denominator in against performance — it may be lower or higher than workers compensation and in occupational health and it may have been under similar situations with the safety. previous formula. As many members of the house would know, in the last If the Leader of the Opposition has any difficulty with four years Victorian businesses have benefited from that, I suggest he access the government contract web unprecedented certainty in the setting of Victoria’s site, where the entire contract is shown. It is not a secret competitive workers compensation premium rates. For as it was with the previous government. four years premiums have remained stable at an average of 2.2 per cent of payroll; for four years in a Workcover: small business row average workers compensation premiums in Victoria have been the second lowest in the country, Ms NEVILLE (Bellarine) — Will the Minister for providing the state with a competitive edge when Workcover inform the house of the likely impact on compared with other states. Significantly for business Victorian small business of the recommendations of the confidence, small businesses with an annual Productivity Commission’s inquiry into occupational remuneration of $1 million or less have now benefited health and safety and workers compensation? from stabilisation of their premiums for more than two years. Mr HULLS (Minister for Workcover) — I thank the member for her very important question. One of the I conclude by saying that the half-baked last acts of the Honourable Tony Abbott before he was recommendations of the federal government inquiry shifted out of industrial relations was to give a reference threaten to wipe out all these Victorian achievements QUESTIONS WITHOUT NOTICE

Wednesday, 5 November 2003 ASSEMBLY 1513 and directly threaten the viability and confidence of Mr PANDAZOPOULOS — This whining, carping small businesses in the state. The Bracks government opposition treats everything as a joke and has no sense will urge the Howard government not to proceed of responsibility. further without full agreement and consideration of the cost to the viability and confidence of all business The Australian Wine Tour Company has reported a sectors in Victoria. 25 per cent increase in the number of people using its business to do wine tours around Victoria compared to Police: speed cameras the same time last year. The figures show that there has been a distinct influx of crowds following the rugby, Mr MULDER (Polwarth) — My question is to the particularly of New Zealanders with the All Blacks Minister for Police and Emergency Services. I ask: will being based in Melbourne. the minister confirm that among this government’s changes to the speed camera contract the financially The Melbourne Aquarium has also reported an increase troubled company Poltech has replaced LMT Australia in visitors around these major events of 18 per cent for the maintenance and warranty of speed cameras? compared to the same time last year. The Melbourne Observation Deck has reported that since the Rugby Mr HAERMEYER (Minister for Police and World Cup started 10 000 international visitors have Emergency Services) — I understand Poltech has been been to the observation deck alone. engaged to erect fixed-site speed cameras at a number of locations including the Western Ring Road and Honourable members interjecting. Geelong Road and has complied, as I understand it, at the moment with its contractual obligations. Mr PANDAZOPOULOS — Again opposition members continue to laugh and ridicule tourism and Major events: economic impact major events. It is interesting that 3300 visitors to the deck have been from the United Kingdom and 884 Ms BEATTIE (Yuroke) — I direct my question to from New Zealand, and that 53 per cent of all its the Minister for Tourism. Following last weekend’s visitors in October have been international visitors. various events across the state, will the minister advise When we add to that the record crowd at yesterday’s the house how the Bracks government’s major events Melbourne Cup and probably another huge crowd of strategy is paying dividends to Victoria? close to 100 000 at Oaks Day tomorrow, as well as Emirates Stakes day, the two quarter-final rugby games Mr PANDAZOPOULOS (Minister for in Melbourne and of course the Wangaratta Festival of Tourism) — I thank the member for her question and Jazz held over the recent weekend, during just over a her great support for tourism as a member of the week we will have seen 600 000 people enjoying their government Friends of Tourism group. Victoria is time at major events in Victoria, many of them from definitely the place to be when we look at all the major interstate and overseas. That is why this government is events that have been held recently. Just this weekend, in major events. Events and tourism equal jobs. They on Friday night the international rules game at the represent about $1 billion to the Victorian economy. Melbourne Cricket Ground, even in the rain, saw approximately 60 000 people turn up. Derby Day at The government’s work is showing that major events Flemington attracted the second biggest crowd ever in are being very fruitful for Victoria. In winding up, and Victoria’s history. We saw a sell-out crowd at Telstra to give the house some additional figures from the Dome when Australia played Ireland in the Rugby Bureau of Tourism Research, the government is getting World Cup. Two hundred and ten thousand Victorian, data from tourism operators that shows people are Australian and international visitors attended these turning up at these events because Victoria is the only events, not only helping to fill up the pubs and place in Australia, and one of the few places in the restaurants of Melbourne, but creating heaps of tourism world, where multiple major events can be run at the jobs. same time. No other city in Australia can do that; Melbourne has done it three weekends in a row. Figures from the tourism industry show that not only are people attending events but they are doing other things National visitor survey data for 2002 reveals that while they are here, and that is very important — — Victoria has received the highest share of domestic events visitors. Thirty-one per cent of Australians who Honourable members interjecting. visit events in another state visit Victoria for those major events. As if that were not impressive enough, the international visitor surveys tell us that, of all the QUESTIONS WITHOUT NOTICE

1514 ASSEMBLY Wednesday, 5 November 2003 people who come internationally to visit major events, Honourable members interjecting. 42 per cent come to Victoria. That shows that the government’s work is good for jobs in Victoria. Major Mr BATCHELOR — Yes, that’s right. And you events are a wonderful way to show ourselves off. They are over there. You would love it over here, but you are a wonderful way to have a party, but in the end they will never make it. are about jobs and promoting Victoria. I would like to thank the member for his question. He is Duck hunting a member from regional Victoria who understands the benefit of rail projects that are in progress and will Mr RYAN — My question is to the Minister for deliver great benefits. They will deliver not only Environment. Does the minister support the call by the economic benefits, they will provide jobs and improve member for Ballarat East to ban duck season transport services. indefinitely and, given this latest ridiculous suggestion from the member, is the government intending to sack Recently I visited two factories in the Geelong region him from his role as the Parliamentary Secretary for that are benefiting directly from the government’s Agriculture? multimillion dollar rail projects through new investment in their factories and through new jobs. It Mr THWAITES (Minister for Environment) — I was terrific to go down to those factories. Austrack is thank the member for his question. I point out that duck manufacturing some 370 000 concrete sleepers for the hunting is a legitimate activity in this state. The regional fast rail project. As a direct result of this government has ensured that duck species are Austrack has invested $3 million in upgrading and appropriately protected, and that is why scientific expanding the plant and adding some 45 new jobs to analysis is done every year. Where it is not safe or deal with increased production. The regional fast rail appropriate, we take that scientific advice. project, including the manufacturing of 38 new trains by Bombardier Transport in Dandenong, is generating I can assure the member that the government will be thousands of jobs as well as millions of dollars worth of adopting the same policy this year. We will take the investment in regional Victoria. scientific advice, and we will consult with all the relevant organisations, including the hunting Just down the road from Austrack is Geelong organisations. But I emphasise that, as I said at the Fabrications in Geelong itself. This company has won beginning, duck hunting is and remains a legitimate the contract to build the 55 steel truss sections for the activity in this state. Spencer Street station redevelopment. This redevelopment is another job generator here in Victoria Rail: Linking Victoria strategy and will significantly boost the construction industry. It was a great delight to see the pride at Geelong Mr HELPER (Ripon) — My question is for the Fabrications in the construction of these new trusses. Minister for Transport. Can the minister advise the The workers and management at Geelong Fabrications house of new jobs and investment being created by the have a wonderful record of providing very detailed Bracks government as a result of the Linking Victoria engineering and architectural work for jobs all around strategy, and is the minister aware of alternative Australia. proposals that would see the loss of these jobs and investments in regional Victoria? This is in stark contrast with Liberal Party members who last week continued their opposition to these types Honourable members interjecting. of projects, and presumably to the jobs that are being created in regional Victoria. The proposals being put The SPEAKER — Order! I have called the forward by the Liberal Party would cost thousands of Minister for Transport. jobs and millions of dollars worth of economic activity Honourable members interjecting. and development. They would deny regional Victoria high-quality transport jobs and world-class Mr BATCHELOR (Minister for Transport) — Did infrastructure. In addition to the Liberal Party you call me? I could not hear, sorry. opposition, National Party members oppose these projects. The government asks them to abandon their Honourable members interjecting. position as lap dogs to the Liberal Party and instead give support to regional Victoria. The SPEAKER — Order! If you would like to, now is the time! EMERALD TOURIST RAILWAY (AMENDMENT) BILL

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In stark contrast, this government is getting on with the doing it for a number of years, and we can only hope job, is governing for all Victorians and is providing that that voluntary effort can be maintained. It is thousands of jobs right across Victoria. important for this house to acknowledge that voluntary work and to formally say thank you for all the work that gets put in. EMERALD TOURIST RAILWAY (AMENDMENT) BILL It is equally important to understand that without those volunteers the financial stress the Puffing Billy railway Second reading line currently endures would be much worse. As I said before the luncheon break, the operating loss of the Debate resumed. railway last year was $138 700, and in the previous Mr BAILLIEU (Hawthorn) — We are back on year it was $310 000. That is the operating basis which track with the Puffing Billy Bill. the railway currently suffers. Without the asset revaluations which have been included in this annual Mr Maxfield interjected. report that loss would be clearly more evident than it currently is, although it is recorded in the annual report. Mr BAILLIEU — You couldn’t resist. So it is essential that the board undertakes change to the operations of Puffing Billy to increase the sources of Honourable members interjecting. revenue. That is going to need to be a fairly significant change. Hence this bill seeks to allow the board to Mr BAILLIEU — The member says we are undertake tourism-related activities such as providing running out of steam on this one. Far from it! We have accommodation and other facilities, including car had a picnic, Minister, that is all. We have had a picnic parks — presumably there will be charging for car at Emerald Lake, and we are back on track and on the parks as a consequence — which will all go towards way to Gembrook. giving the board the opportunity to raise additional Now that the house is clearing and the puns are having revenue. their effect — — In the last 12 months the board has undertaken some Ms Beattie interjected. measures to raise additional revenue, including increasing fares. The reality is that the increase in fares Mr BAILLIEU — Track on! is probably in part responsible for a decline in patronage. It is going to be a fine balancing act for the Ms Beattie — Your leadership aspirations have board to introduce measures without undermining the been derailed! integrity of the operation and without undermining the character of the Puffing Billy railway itself. It is a The SPEAKER — Order! I think we have had heritage railway line, and when the steam comes out enough train jokes. The member for Hawthorn, to and the kids start whooping and whoo-ing it is continue. something special. It is something precious as well, and I hope the board can balance its activities in such a way Mr BAILLIEU — I want to wind up by noting a as to return Puffing Billy to a financial operating couple of things. I said before the luncheon break that surplus and preserve and protect the special heritage the Puffing Billy railway depends on volunteers. There involved. are over 500 volunteers involved, and the annual report states that the voluntary effort undertaken by those It will not just happen because a bill has been passed volunteers is equivalent to $3.3 million worth of work, through this Parliament — and, as I said before the or 66 man years. Those volunteers, particularly those luncheon break, the bill has our support — and it will from the Puffing Billy Preservation Society, work as not just happen because there are new appointments to guards, conductors, engine cleaners, firemen, the board, such as the standing chief executive officer, stationmasters, booking clerks, signalmen, refreshment Ray Lievers. There will have to be a commitment to personnel, and there are some locomotive drivers and undertake activities which the board has not undertaken track workers, rolling stock restorers, administrative in such a sensitive way previously so that visiting personnel and other support personnel who are also tourists will not only come back but also find an volunteers. It is an extraordinary array, and it is a great enhanced experience as a result. It is the sort of tourism tribute to the volunteers that they are responsible not experience that is to be encouraged. It is very much a only for the good conduct of the railway itself but also hands-on experience whereby you are actually a part of for the administering of the volunteers. They have been the activity. As I said before lunch, there is nothing like EMERALD TOURIST RAILWAY (AMENDMENT) BILL

1516 ASSEMBLY Wednesday, 5 November 2003 sticking your head out of the window and feeling the It is important to recognise that whilst some people are forest breezes on your face. paid for the services that are provided, over 500 people make the Wangaratta Festival of Jazz the success it is, The Liberal Party is very supportive of Puffing Billy. It because they work in a voluntary capacity for long is concerned about the financial position that the board hours to see that the activities at 90 functions over the finds itself in, and it thinks these are appropriate weekend are successful. Indeed they go even further at measures to assist the board in returning it to an Wangaratta by providing accommodation. The Speaker operating surplus. In saying that I note once again the may indicate that I am not referring directly to the bill, irony in the fact that the government in doing this will but the comments are related, because we are looking at be approving the introduction of leases of up to the issues in Victoria that make tourism a success. I 50 years with tourist accommodation, interpretation referred to volunteers and the success of Puffing Billy, centres, convention centres, cafes, restaurants and and that relates to a lot of other activities, including the licensed premises, shops, car parks and other undefined Wangaratta Festival of Jazz. related facilities despite these being the very things the government expressed great anxiety about for I note in the minister’s second-reading notes that Point Nepean just this morning. tourism has faced and is facing difficult times. He mentioned particular areas of concern with the collapse I am satisfied that these are appropriate measures for of Ansett, the 11 September 2001 tragedy and the the Puffing Billy board. I look forward to it drought. What he did not mention were the fires we had implementing them with care and understanding, I look in north-eastern Victoria. All these activities have led to forward to Puffing Billy returning to financial good difficulties in tourism, and I applaud the government health, and I look forward to it returning from for recognising that we need to continue to promote Gembrook to Belgrave. tourism as one of the great industries within the state of Victoria. We have to make sure that particular industry Mr JASPER (Murray Valley) — I listened with a is supported. I mention the fires and the drought great deal of interest to the comments made by the because they have had a particularly devastating effect Minister for Tourism during question time when he on the north-eastern part of the state. The support highlighted the importance of tourism for the state of provided by the government in promoting tourism has Victoria and some of the important events which have assisted in bringing people back into the area, and that taken place over the past weekend. I particularly noted leads me back to the support that the government has his comments about Melbourne’s special events, the provided to the Emerald Tourist Railway Board and large number of people involved in them and the great Puffing Billy. variety of activities. He also mentioned in passing — I think perhaps after he saw me nodding at one particular The minister mentioned in his second-reading speech that stage of his presentation — the contribution of tourism Puffing Billy is an icon for tourism and an icon for for north-eastern Victoria. The minister mentioned the Victoria. We have a number of icons across the state Wangaratta Festival of Jazz, and I want to confirm to which need to be supported. Puffing Billy is one of those, the house the great success of that festival, the 14th to as is, and I mention it again, the Wangaratta Festival of be conducted at Wangaratta, over the past weekend. It Jazz. We need to look at them in perspective to see what is estimated that it is worth up to $20 million in income is being done in relation to another icon — — to the area, and indeed it was a great success again in promoting jazz in Victoria, particularly in Wangaratta. Mr Baillieu — You will be one of the icons, and we Wangaratta is now known as the jazz capital of will be preserving you. Australia, both nationally and internationally. Mr JASPER — Good idea! I think that is an I pick up the comments made by the member for excellent suggestion. Hawthorn about Puffing Billy and the legislation we are debating here. He talked about the volunteers who have Then, of course, there is the great wine industry in been so supportive in maintaining Puffing Billy since north-eastern Victoria. The minister has visited the train started operating and in particular since the act Rutherglen on many occasions to take part in activities was passed in 1977, and about the developments which relating to tourism and wine, so that is another icon. have taken place, including the extensions to the line and the performance of Puffing Billy generally. In All members of Parliament who are lead speakers for mentioning the volunteers I think he said about 500 their particular parties are briefed on bills. It needs to be people were involved. Volunteers have been the great recognised that I received an excellent briefing from success of the Wangaratta Festival of Jazz. representatives from the minister’s office and from EMERALD TOURIST RAILWAY (AMENDMENT) BILL

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Tourism Victoria, who provided me with excellent to extend into other areas and to involve other background information on the operation of Puffing entrepreneurial people in making it profitable while Billy and referred me to the reports that have been continuing to provide this excellent icon for the state of prepared. I took note of the report prepared for 2002 Victoria. and of the comments made by the member for Hawthorn in relation to the operation’s funding The National Party supports the proposal to extend the difficulties. It is interesting to look at the results in ability of the board to offer leases from 21 years — the recent years: in 1998 there was a profit of $790 000, limit in the Crown Land (Reserves) Act 1978 — to a and in 1999 there was a profit of $389 000; but since maximum of 50 years with the approval of the minister. that time losses have been incurred in the operation of That would certainly be attractive to investors and Puffing Billy. I refer to 2002, when there was a loss of would provide security of tenure for anyone seeking to over $310 000, which was reduced in the 2003 year to invest. The National Party sees these changes as useful $138 000. That must certainly be of concern to the in making the railway a more effective organisation and people who are running Puffing Billy, and who are helping to turn it into a profitable one. Other responsible for turning the company into a amendments in the legislation as it relates to the profit-making venture. extension change provisions in the act to make it consistent with the railway operations being a major It is interesting also to note the changes to the service attraction, and there are other minor amendments. that have taken place. The track now extends from Belgrave through areas such as Clematis, Emerald, and The latter part of the second-reading speech states: Emerald Lake to Gembrook. Action has been taken to I commend the bill to the house, and encourage the house to ensure that the land travelled through by Puffing Billy monitor with me the progress of Puffing Billy in the coming is covered by schedules 1 and 2 of the act. They are years. Crown land areas that can be controlled by the board through the current act and through the bill that is That puts into context the fact that we have had a before the house. situation where it has not been a profitable organisation. It is important that we maintain it as an icon for I see that in the second-reading speech the minister said Victoria, at the same time recognising the difficulties that ‘the railway is facing considerable long-term faced by the board. challenges’, which of course had been identified in the 10-year plan. Some of the recommendations in that I assure the minister that the National Party will support plan include the reformation of the board, the need for the actions being taken by the board of Puffing Billy in infrastructure support, consolidation of the land, and respect of its operation so that it can be made more trying to make sure that the railway can operate effective and more profitable in the future. But whilst I effectively. The 10-year plan also referred to the note the minister’s comments, I also note that day-to-day business operations and the provision of $1.7 million has been provided to the organisation in corporate services. Reference is made to the provision recent times to assist in upgrading of the facilities — of a full-time chief executive officer (CEO), Mr Ray that is, the railway line and the locomotives — to meet Lievers, who has had experience in the ski fields of the the standards that are expected with respect to safety, high country. He is a person who has the ability to and I think the government should be concerned about handle these responsibilities, and in fact he has been the continuing to support the organisation with that degree CEO for approximately 14 months. of funding.

It is a huge challenge for the Puffing Billy board to try Clause 3 of the bill substitutes new section 3 of the act, not only to ensure that this Victorian icon continues as and this extends the ability of the board in relation to part of our heritage, and to maintain and increase the the development of the railway’s tourist facilities, number of people who use the railway as a tourist including interpretation centres, convention centres, destination, but also to make it a profit-making cafes, restaurants, licensed premises, shops, car parks organisation. and other related facilities. It gives the board the option to extend into those areas and be more effective in its In respect to the bill before the house, I understand the operation. Clause 4 covers the updating of leases to direction that is being taken and the changes that have allow the extended operations that the board wants to been implemented to turn Puffing Billy into a implement. Clause 5 allows the extension of the period self-sufficient operation which is less reliant on of leases from 21 years to 50 years. Under the Crown government assistance. The provisions in this bill are Land (Reserves) Act the period of a lease is limited to designed to increase the commercial ability of the board EMERALD TOURIST RAILWAY (AMENDMENT) BILL

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21 years, and the change gives the minister the option Ranges. We caught the night train to the historic of extending leases for the additional time. packing shed for a mayoral ball a few years ago, so I certainly have great memories of it. It is worth referring to the original 1997 act, which details conditions relating to members of the board. It While the bill is a simple piece of legislation, it is stipulates that a minimum of 5 and a maximum of significant in terms of what it seeks to achieve. It seeks 10 members should serve on the board. It refers to facilitate the development of Puffing Billy and to put particularly to schedules 1 and 2, which relate to the it on a more sustainable footing. In so doing it will Crown land in question, which is under the control of assist not only Puffing Billy but also regional tourism the board, and gives the board appropriate control of all and tourism across the state and the country. In Victoria those areas where Puffy Billy operates. we have over 150 000 employees in that industry. In light of the problems the tourism industry has been In summary, the National Party supports this legislation beset by over the last few years with the severe acute because it relates to an important icon for the state of respiratory syndrome outbreak, the war in Iraq, Victoria. Puffing Billy is a significant heritage railway 11 September 2001 and the collapse of Ansett, anything which has had strong volunteer support, and we will be we can do to support it should be done. The bill does so watching, as the minister indicated in the by allowing the Emerald Tourist Railway Board to second-reading speech, to see how it operates in the better manage and utilise this nationally significant future. It is nationally significant. I note that the number historic heritage railway. of people who have utilised the railway is up over 250 000 a year. I trust that will continue into the future The bill gives the board the power to offer leases and that the operators will not only be able to maintain beyond the current 21 years for up to 50 years, through the number of Victorians who go to that area and enjoy the approval of the Minister for Tourism. Clause 3 the trip but also make it more attractive to interstate clarifies and updates the functions of the board. It visitors. It certainly is a quality tourism item for the clarifies the board’s power to pursue activities state of Victoria. consistent with Puffing Billy’s operations as a major tourist attraction and includes the development, As I said, members of the National Party will be construction and management of tourism. watching with a great deal of interest. I trust that the Minister for Tourism will recognise that, although The question is why this legislation is needed. significant funds have been provided to the Puffing Everybody knows Puffing Billy, and most people you Billy organisation, this should not reduce the funding speak to have actually travelled on Puffing Billy. The which should be provided for other Victorian icons and figures speak for themselves. I note from this year’s areas where we need support for tourism into the future annual report that it had 244 000 passengers, of whom as the major industry for the state. That must be 35 000 were overseas visitors. The importance of recognised not only in metropolitan Melbourne, as the Puffing Billy is supported by key regional tourism minister indicated, and the outer suburbs but up into stakeholders. The Yarra Valley, Dandenongs and the north-eastern Victoria, where we see great benefits Ranges Campaign Committee, which is funded by from tourism and the important part it plays. Ideally Tourism Victoria’s regional cooperative marketing what we need is continuing support for the program and also by the industry, has developed a organisations that can provide the great tourist activities three-year marketing plan. That followed consultation we have in Victoria — reminding the minister of course with the Yarra Valley, Dandenongs and the Ranges of the important part we in the north-eastern part of the Tourism Board, industry, regional and community state play as part of the total tourism objectives of this stakeholders and in partnership with Tourism Victoria. state. The National Party will be not opposing the legislation. I refer to the Yarra Valley, Dandenongs and the Ranges (YVDR) marketing directions synopsis and quote from Mr MERLINO (Monbulk) — I am very pleased to the document: rise to speak in support of the Emerald Tourist Railway (Amendment) Bill. It is nice, and indeed the The launch of Victoria’s tourism industry strategic plan … 2002–06 aims to take regional marketing to a new level, with opportunity is rare, to speak on a bill that relates cohesive and coordinated regional marketing campaigns that specifically to the area you represent. The member for have a strong emphasis on destination (including villages) and Gembrook and I are in that fortunate position in attraction awareness, as well as travel motivators that focus on speaking on this legislation. I have great memories of Victoria’s product strengths. Puffing Billy and of travelling on it both as a child and It is important to note that the document refers to the recently in my time as a councillor of the Shire of Yarra Yarra Valley and the Dandenongs. It refers to the EMERALD TOURIST RAILWAY (AMENDMENT) BILL

Wednesday, 5 November 2003 ASSEMBLY 1519 product strength of the Yarra Valley as being a interpretive centres, cafes, restaurants and tourism high-priority wine and food region; and for the accommodation to attract new visitors. Dandenongs it refers specifically to the hilltop gardens and to Puffing Billy. It goes on to say that: The second point is the clarification of the powers of the board which I referred to earlier. In discussions the YVDR is a key tourism region for Victoria offering member for Gembrook and I had with the chief significant product strengths including wine and food, natural executive officer, Ray Lievers, and David Eaton, the attractions (wildlife and gardens and parks), destinations and villages, together with domestic and internationally marketing manager, both were keen to have the recognised icon attractions such as Healesville sanctuary and legislation approved by the Parliament. Puffing Billy. Mr Baillieu — Are you suggesting you weren’t? An analysis of the regional tourism market for the year ending 2001 shows 530 000 overnight domestic visitors Mr MERLINO — Not at all. I need to be very clear and a very high ratio of domestic daytrippers. The on the issue of planning and protecting the environment region has the highest ratio of daytrippers compared to of the Dandenongs. It always has been and will be a overnight stays — 4.6 daytrippers compared to every key issue. Any developments must be in keeping with overnight stay. It is the 11th highest in regional the amenity and environmental significance of the overnight stays but the sixth highest in daytrippers. The Dandenongs. In discussions I have had with the Shire value in the region was estimated at $107 million. The of Yarra Ranges — with the mayor, Alan Fincher, and analysis shows that 73 per cent of the overnight stays the officers — they were very supportive of the intent originate from Melbourne and 88 per cent of of the bill as long as no planning requirements for daytrippers come from Melbourne. One of the reasons potential development were lessened. I confirmed with for this number of visitors is the ease of access and them on the day, and I confirm again today, that the bill proximity of the region to Melbourne. Since 1988 there does not change any planning processes. Any proposed has been continued growth in the number of overseas development will need to go through the normal daytrippers as well, and it is up to about 231 000. planning process — the Yarra Ranges planning scheme or the Cardinia shire planning schemes, regional The market synopsis quotes from the Brand health strategy plans in terms of the Yarra Ranges, and green survey, which revealed that: wedge provisions.

The region is known for its national parks, Puffing Billy, I note and welcome the comments of the member for Healesville sanctuary, gardens and parks and wineries, with higher intrastate awareness. Hawthorn and the indication of support from the opposition, but that was in contrast with the ill-advised We have a situation where Puffing Billy has impressive comments of the Leader of the Opposition earlier today visitor numbers; the region is attracting a high level of when he clearly did not understand that any daytrippers, including increasing numbers of overseas development would need to go through the normal daytrippers; and Puffing Billy is clearly part of the planning processes. This is not legislation that seeks to overall marketing strategy for the region. However, have ad hoc development through the Dandenongs at Puffing Billy is still a loss-making enterprise. Currently all. The legislation provides the board with the means to it survives on a combination of sales, fundraising and assure its future, in turn reducing in the long term its grants, the latest of which we have heard is the reliance on government grants. $1.7 million grant through the Community Support Fund for capital infrastructure improvements and stock I wish the board every success with its endeavours, and upgrades. It is not sustainable. Changes have to be put I look forward to its success not only for Puffing Billy in place to ensure its long-term viability. but also for the Yarra Valley, the Dandenongs and the Victorian tourism industry as a whole. I commend the It is important to note that the board has requested these bill to the house. changes. Its 10-year plan identifies the need to look at ways to be sustainable. Currently the maximum period Ms ASHER (Brighton) — I would like to make a for which the board can offer a lease to a commercial brief comment on the Emerald Tourist Railway enterprise is 21 years. That has proved not to be a (Amendment) Bill. The Liberal Party supports this bill. sufficient inducement. It is not seen as a long enough The bill extends the board’s powers to embrace the period to attract significant investment. The bill development, construction and management of tourist proposes that the board can consider leases for up to facilities. It will be interesting to observe which 50 years, with the approval of the Minister for Tourism. facilities the board opts to put there. The bill also allows This will enable potential developments such as EMERALD TOURIST RAILWAY (AMENDMENT) BILL

1520 ASSEMBLY Wednesday, 5 November 2003 the board to enter into commercial leases, which I think type of diversification that will be allowed as a result of is the fundamental point of the bill before the house. the bill before the house, and I wish the board well in that diversification. Currently the board cannot offer a lease for longer than 21 years over vested Crown land, and this bill will The second major benefit that will occur because of this allow the board to enter into a lease of up to 50 years, bill is a very simple one — that is, it will enable the which of course will make tourist development board to get income from leases. In contrast to the commercially viable, we hope. For leases over 21 years, debate that we had this morning, where the Australian it will require the approval of the Minister for Tourism. Labor Party expressed its opposition to the leasing of Point Nepean for commercial tourism development, in There are three general or broad types of benefits from the second-reading speech on this bill the minister the legislation before the house. The first benefit is that himself, who obviously has a different view on this, it will enable the board to refresh the tourism product pointed out the self-evident commercial fact that a we know as Puffing Billy. All tourism products age and 21-year lease is not commercially viable, and what the gradually lose their viability, and tourism in Victoria bill will do, as I said, is allow the board the opportunity needs to have constant refreshment of its tourism to grant leases of up to 50 years. This will not only products. contribute to the refreshment of the tourism product, Puffing Billy, but will in basic, raw, economic terms The Puffing Billy railway goes from Belgrave to allow the Puffing Billy board to get income from Gembrook; and I note that the previous government, of leases. That is specifically referred to in the which I was a member, gave two significant second-reading speech. I think it is eminently sensible Community Support Fund grants to Puffing Billy for to give the board an extra income stream. upgrading — the first for bridges and the second to ensure the line was continuous. These were significant Other members have commented on visitation numbers. capital investments via the Community Support Fund There were 244 851 visitors in the year 2002–03 — a by the previous government. I note also the current drop of the order of 5.5 per cent on the record levels set government has continued the use of the fund as an ipso for the previous year. Again I note from the annual facto capital works fund for Puffing Billy, with an report that visitation to Puffing Billy has been fairly allocation of $1.7 million for further upgrades of the erratic over the years, and this obviously provides one of railway. the challenges for the board to grasp. The year 1991–92 was a particularly good year, with 241 401 people I note also that in September 2002 a 10-year plan was travelling on Puffing Billy, but I think it is fair to say launched by the Minister for Tourism. That was the that visitation has been erratic and in some cases Puffing Billy board’s plan, which looks at considerably down on that figure since. As the annual development, at ways for this product to be report notes, 2001–02 was a record year, and we have refreshed — my terminology, not theirs — and at ways seen a 5 per cent drop in visitation levels this year. of making this a commercially viable long-term tourism product for Victoria. The item that has also been discussed — which will be of major concern for the board, and hopefully this bill In terms of developing this product so far, page 1 of the and what will ensue from it will be a possible annual report of the Emerald Tourist Railway Board, remedying feature — is the fact that the board incurred which was conveniently tabled in the house this a net loss for the year of $138 709, which also followed morning, talks about how the Puffing Billy product has on from a loss the previous financial year. These are developed over the years. It is not just that little train we issues of concern, and this bill seeks to provide travelled on as children; there is a range of product opportunities for the board in the long term to address specials and variations, and they have been touched on those issues of visitation and commercial viability. earlier by the member for Hawthorn. I particularly want to draw attention to the night train, which in the year As the second-reading speech notes, tourism is of vital 2002 has 2.8 per cent of passengers but provided significance to the Victorian economy. I also note that 13.2 per cent of revenue, and it is of course — — in the annual report of the Department of Innovation, Industry and Regional Development for 2002–03, Mr Pandazopoulos interjected. which was tabled today, Victorian tourism — and I am Ms ASHER — Indeed. That is the one in relation to aware the minister has made claims in relation to the packing shed, as the minister has pointed out, where Victoria recovering from a number of shocks that the factional meetings are held for the ALP, as the impacted on international tourism, but we can see member for Monbulk has pointed out! Indeed it is that here — — EMERALD TOURIST RAILWAY (AMENDMENT) BILL

Wednesday, 5 November 2003 ASSEMBLY 1521

Mr Baillieu interjected. its financial ability but also add to tourism in Victoria overall. Ms ASHER — No, the appointment of the minister was not a shock to tourism. Ms LOBATO (Gembrook) — I am pleased to speak on the Emerald Tourist Railway (Amendment) Bill, So in relation to Victoria’s performance in tourism for which is about the current and future viability of 2002–03, domestic visitor nights now stand at Puffing Billy railway. Of course Puffing Billy is of 55.6 million; visitor expenditure at a domestic level at great significance to the electorate of Gembrook and $6.4 billion; international visitor nights at 21.4 million; also to the wider community of Victoria. and visitor expenditure for the international market segment of $1.6 billion. The key challenge for the The amendments aim to facilitate the expansion of Minister for Tourism is to increase those international opportunities for sustainable tourism around Puffing visitors, and whilst domestic tourism has always been Billy. To achieve this the Emerald railway board needs the mainstay of Victorian tourism it is in fact those the capacity to offer leases that are more attractive than internationals who bring in the big dollars for the the current term of 21 years. The bill intends to allow Victorian economy. I note the number of international the board to grant leases of up to 50 years over Crown visitors to Puffing Billy in this context because I think land, with ministerial approval. Any development the minister has a vested interest in this tourist icon would, of course, be subject to state planning processes. being refreshed and in ensuring that internationals The amendments will encourage commercial continue to come to Victoria and extend their length of investment in various ways such as in eating venues or stay. perhaps accommodation. Accommodation is vital to the long-term prosperity of this iconic Victorian tourist At page 7 of the Emerald Tourist Railway Board’s attraction. annual report there is an analysis of who the visitors to Puffing Billy actually were. Alarmingly the report The Puffing Billy railway began in 1900 and is the indicates that passenger numbers were up 3 per cent for oldest steam locomotive still operating in Australia. the first six months of the year but that the second half Originally the line went from Upper Ferntree Gully to of the year saw a plummeting of visitor numbers. The Gembrook, carrying freight and passengers. Today the board offers no analysis of why there was a downturn railway carries between 240 000 and 260 000 visitors of domestic visitation, because it has no facts. per year, and that includes about 35 000 international However, I note that at Belgrave there are now a visitors. number of very significant surveys as to the sorts of visitors who go to Puffing Billy. The Dandenong Ranges are often identified through people’s knowledge of Puffing Billy. I was fortunate Twenty-seven per cent of visitors to Belgrave were enough to grow up in Tecoma, within walking distance surveyed. The results show that 49.5 per cent of Puffing of Puffing Billy. When people asked me where I lived I Billy’s visitors were from Melbourne and Victoria; would say, ‘Tecoma’. They would of course ask me 15 per cent were from interstate, mainly from Sydney where Tecoma was, and as soon as I said, ‘Near Puffing and the broader New South Wales region; and 35.5 per Billy’, they would instantly know where I meant. cent were international visitors, coming mainly from Singapore, Europe and China — and there is the real Even with that level of familiarity and popularity, the challenge for the minister and the board. operators of Puffing Billy still face financial challenges and seek the opportunity to become more The board has its own short-term issues with visitation self-sufficient. Despite the community’s love of Puffing numbers and financial viability, but given their impact Billy, it has always been faced with financial on tourism overall and therefore their impact on jobs challenges, although it has never struggled as much as it for Victoria, the board’s challenge is to get more did in the 1950s, when the popularity of the motor interstate visitors and more international visitors, vehicle, increased truck usage and the introduction of because it is those groups that contribute to the bus services meant that Puffing Billy’s patronage economy to a greater extent. That is not to denigrate the declined significantly. It lost its appeal to passengers at daytrippers for one minute. Daytripping is important, that time, as well as its viability in transporting freight. but it is not what drives tourism in terms of its capacity to generate economic value for the state of Victoria. The Upper Ferntree Gully–Gembrook line was subsequently closed in 1954, and then in December I wish the bill a speedy passage. I hope the board is able 1954 there was a farewell for Puffing Billy to allow to not only increase its visitation levels and look after children and the community to say goodbye and have EMERALD TOURIST RAILWAY (AMENDMENT) BILL

1522 ASSEMBLY Wednesday, 5 November 2003 one last trip on it before the line was torn up. The day the Bunyip State Park or the Kurthkiln Park. They was organised by David Burke, a Sun journalist. Just a could appreciate the local significant history and also couple of people turned up to celebrate the event: witness the many rare species of flora and fauna in 30 000 came to farewell the train, and 2500 people had these magnificent parks. By facilitating the rides that day! Due to this success a second Farewell to development of complementary facilities there is also Puffing Billy day was organised, and the continued the prospect of introducing other significant tourism success of these farewell specials changed what was to ventures, such as the return of the famous Gembrook happen with Puffing Billy. market.

In January 1955 there was a rally at Upper Ferntree In conclusion, this bill will play a vital role in the Gully to oppose the closing, which was attended by continued success and long-term viability of one of 400 people. Harold Hewitt was the driving force behind Victoria’s major icons. I congratulate the Minister for this rally. The railway commissioners then decided to Tourism for his passion about promoting Puffing Billy reopen the line between Upper Ferntree Gully and and tourism in Victoria. I commend the bill to the Belgrave, provided that the community raised £1750 as house. a guarantee against losses. Of course the money was raised, and 10 000 passengers were carried in the first Mr PANDAZOPOULOS (Minister for two months. Tourism) — I want to thank all members who have contributed to this important debate on the future of The Upper Ferntree Gully–Belgrave line then closed what we know as Puffing Billy but under the act is due to the electrified rail system. The Puffing Billy known as the Emerald Tourist Railway board. I need to Preservation Society then decided to build a new station congratulate and thank Graham Breydon and his board. at Belgrave, operating between Belgrave and Menzies It was at their suggestion that this has been done, as Creek. The reopening of this line took place in 1962 in there have been commercial opportunities that have front of 1000 people, and in 10 months 100 000 been missed. Like all bodies struggling in the passengers were carried. The line was extended to competitive marketplace, the board needs to ensure that Emerald, which features the magnificent Emerald Lake it has all the tools available to it in order to get access to with its abundance of trout. I have recently had the revenue flows. pleasure of releasing many hundreds of them into the lake, and I am also fortunate enough to have kissed one. I want to respond to a few issues that have been raised As an added attraction people can take their fishing by various members. The member for Hawthorn — and rods on Puffing Billy and have a fish down there. There I want to thank him very much for his support of the are also many playgrounds and picnic areas as well as bill — took the opportunity to talk about 50-year leases walking tracks and a railway museum. and what they mean in relation to Point Nepean and to say that the government is hypocritical. The major In 1998 the line was extended to Gembrook. The difference between the railway line and Point Nepean is prospect of the opening of the Puffing Billy station in that it is not intended to be part of a national park. Point Gembrook was welcomed by the community, and Nepean is part of a national park. If it is not part of a especially the traders. Recently I was operating a national park, then issues affecting leases are mobile office in Gembrook at the Puffing Billy station. reasonable issues to debate. A couple of women were waiting by the open fireplace, so I asked them where they were from and what they It is the view of this government that Point Nepean — were doing. They replied that they were from Perth and that wonderful heritage area that was given to the were wanting to experience a ride on the oldest existing commonwealth government when Australia became a steam railway. They said they were waiting for their federation — should now be returned to us and not train back to Belgrave. They said they had had a nice have to be purchased by us. It is a pretty basic principle. lunch at the Gembrook hotel and a walk up and down The point with 50-year leases is to have them where the main street, and they were now going back. you can satisfy environmental and planning Gembrook has some beautiful bed and breakfast requirements through the appropriate processes, to put accommodation, but it lacks the facilities to enable in place an enabling mechanism for bodies that manage larger groups like school groups or community groups Crown land to make some judgments and find partners to stay there. and then go through the various approval processes required. That is what this 50-year lease is all about. It There are many experiences to be had in Gembrook. certainly happens in the high country, and it is proposed This bill will allow for the provision of accommodation that it be emulated here as well. Anything over 21 years that could see school groups experience walks through requires my approval, but as the member for Monbulk EMERALD TOURIST RAILWAY (AMENDMENT) BILL

Wednesday, 5 November 2003 ASSEMBLY 1523 said, unlike what is proposed at Point Nepean, the We funded a new business planning structure a couple application has to go through normal planning of years ago to strengthen the organisation. A full-time processes that everyone is aware of. chief executive officer has now been appointed. It did not have one until Ray Levers came on board. That That is why we have gone through with this bill. We shows the growth Puffing Billy is going through. It is know the planning laws are still going to be paramount becoming a much larger business in a more challenging and nothing will happen on that site — well and good environment. It needs those paid employees, which to be able to find a partner and have the confidence to does affect the bottom line. do that — unless environmental and planning approval is given. That is the way it should be. It really is a I want to thank the members for Monbulk and spurious argument. When the opposition has nothing Gembrook as the local members. They are avowed else to say about the bill it tries to identify some other enthusiastic supporters of Puffing Billy and tourism in area it wants to make a political point about — that is their area. It is a great pleasure to be a minister in a fair enough — but the intrinsic point is that the government where both those electorates, including the opposition is very supportive of the Emerald Tourist upper house seats, are held by the government party. Railway and of this bill. That certainly allows members of Parliament to lobby hard for those areas, as they lobbied for the community I want to thank the member for Murray Valley as the support funding upgrade announcement of $1.7 million National Party speaker on this matter. I do not think he that we provided in our first term. I know that as mentioned the north-east of Victoria enough. I was candidates they were lobbying for that. Puffing Billy waiting for him to talk about the steam railways that run has been reliant on state governments, including the up to the port of Echuca and all those winery weekends previous Kennett government, for a lot of its capital on the train, and it was running up to the Wangaratta works and on the federal government for projects to put jazz festival as well. I thought he missed those in place the infrastructure, a lot of which is run and opportunities. But it highlights that for Puffing Billy it managed by volunteers. I know they were also very is a different competitive marketplace. keen supporters of the community jobs program and the two different Puffing Billy projects that were run at There is much more steam-rail product now compared different sites, and I know they will continue to ensure to when it first came about. The Maldon–Castlemaine the railway retains the profile it needs within railway has received extra funding dollars from this government. government from the Regional Infrastructure Development Fund, as has the rail linkage to the In the end I want to thank the member for Brighton for Echuca wharf, which will allow the opportunity to take her support, but it is quite interesting to read between the train right up to the wharf as it used to be. The the lines. As a former Minister for Tourism she just government has also put dollars into the upgrade of cannot help but say, and this is her first speech on Walhalla railway. Since the pioneers of Puffing Billy, a tourism since she stopped being the minister four years lot of others have had similar ideas and have tried to ago — — emulate it for their own local communities. They have done so because they see the great tourism benefit and An honourable member interjected. the importance of the retention of local heritage, of which steam trains and railways are a key part. Being Mr PANDAZOPOULOS — There have been able to preserve it and convert it to a positive economic other opportunities called address-in-reply and budget and jobs outcome whilst running things responsibly is a debates in which the former minister was able to talk challenge all the time. That is why this bill is important. about tourism. But it is really a case of ‘things were Puffing Billy was the leader in this area and will much better when I was minister’, and I think that is continue to be. sour grapes. That is clear from some of the words she uses — for example, she said ‘she alarmingly notes’ the I also want to acknowledge, as other members have, the budget. What is that trying to say? She is trying to talk enormous number of volunteers involved, not only in down Puffing Billy and the volunteers. She highlights Puffing Billy but in so many rail preservation groups. that for two years in a row there have been budget They simply would not function without all those deficits. There have been real reasons for these deficits. volunteers. Whilst the Emerald Tourist Railway board has its own employees, the reality is that without the The first, two years ago, was the introduction of the volunteers it could not do the work. GST — — Honourable members interjecting. FAIR TRADING (FURTHER AMENDMENT) BILL

1524 ASSEMBLY Wednesday, 5 November 2003

Mr PANDAZOPOULOS — Members opposite the local communities and who are involved because laugh, but the tourism industry is very sensitive to price. they love the community, the landscape, the Rather than increase its charges by 10 per cent, Puffing Dandenong Ranges and preserving the transport Billy absorbed the 10 per cent increase from the GST, heritage. Whatever proposals the board considers in the which severely affected its budget. For the member to future as a result of the bill, I am sure it will be done say ‘alarmingly notes’ without identifying the reasons with a lot of consultation with the local communities. I behind it speaks more of politics rather than support of thank members for their comments, and I wish the bill a the wonderful work that occurs at Puffing Billy. speedy passage.

This bill is about giving the organisation an opportunity Motion agreed to. to find another source of income if the community supports it through planning and environmental Read second time. approvals. In the last two years international tourism Remaining stages has had the toughest time it has ever had to face. The member for Brighton highlighted that the biggest Passed remaining stages. number of international visitors and the biggest spending visitors — and she is absolutely right — come predominately from Singapore, Europe and China. The FAIR TRADING (FURTHER same regions have been knocked around since AMENDMENT) BILL 11 September, and of course the severe acute respiratory syndrome (SARS) outbreak and global Second reading terrorism have effected a downturn. Debate resumed from 16 October; motion of Mr HULLS The product is very strong and good for the Asian (Attorney-General). market, but it has been affected by SARS. In China, as Opposition amendments circulated by Mr KOTSIRAS part of the Chinese government’s attempt to manage the (Bulleen) pursuant to sessional orders. SARS issue, travellers were told not to travel, so downstream as a tourism product Puffing Billy was Mr KOTSIRAS (Bulleen) — It is a pleasure for me affected. The reality is it has got a good result compared to contribute to the debate on the Fair Trading (Further with the difficult situation the tourism industry has Amendment) Bill. Although the opposition welcomes found itself in, which was not created by itself but part of the legislation it believes that insufficient work which is a result of the international situation, while has been done on the economic impact the legislation also noting the extra competition for the product. will have on Victoria, especially regional Victoria. That Puffing Billy is a great product and this bill will help it is why the opposition will move a reasoned amendment grow in the future so that it will continue to be the that the bill be reviewed to investigate its impact and market leader in Australia in steam tourism railway job losses in Victoria. The opposition believes that part products. of this legislation may result in the loss of jobs and investment in regional Victoria. It is a very serious I thank members for participating in the debate and I matter, and I hope the government takes on board the thank everyone involved with Puffing Billy. The opposition’s concerns. Therefore, I move: opportunity will be there in the future. The member for Gembrook highlighted that at the Gembrook end there That all the words after ‘That’ be omitted with the view of are a lot of opportunities where commercial inserting in place thereof the words ‘this house refuses to read this bill a second time until there has been an independent development will be supported by local communities cost-benefit analysis of the bill’s impact on employment and because some of the infrastructure, like student investment in regional Victoria and until further consultation accommodation, is lacking in that area. A lot of the land on employment and investment loss is undertaken with along the railway line is Crown land, and development workers and businesses in this sector of the economy. cannot occur in other parts of Gembrook because of the I place on record the good work done by the state and national parks nearby. This is about doing Honourable Andrew Olexander, the spokesperson for things appropriately and identifying opportunities. consumer affairs in another place, who consulted far Sovereign Hill has been able to build accommodation and wide and with all stakeholders regarding the on site, which benefits it economically, so perhaps the legislation. Many people have experienced getting a same opportunities will be available for Puffing Billy. I telephone call at about 8 or 9 o’clock at night when know the board will deal with these things sensitively. they are sitting down at the dinner table eating a roast or They are volunteers who come generally directly from souvlaki with the family and finding that it is not a FAIR TRADING (FURTHER AMENDMENT) BILL

Wednesday, 5 November 2003 ASSEMBLY 1525 relative, friend or workmate but someone trying to sell And so it goes on. If the telemarketer is playing it hard, something — a telemarketer. While many people find you change your tactics and ask the following: them annoying and irritating, some enjoy talking to these people and purchasing goods and services over Why do you not want to answer my questions? the telephone by entering into a telephone marketing When can I call back? agreement. I can appreciate your concern, but aren’t you calling me? Proposed section 67A, which is inserted by clause 7, Don’t you like talking to me? defines a telephone marketing agreement by saying it is such an agreement if: Do you have a problem answering questions from a stranger over the telephone for which you do not know the purpose? (a) it is for the supply in trade or commerce of goods or services of a kind ordinarily used for personal, A large number of people are irritated by this type of household or domestic use; and phone call.

(b) the negotiations leading to the making of the The bill before the house provides for a telemarketing agreement … take place between the supplier or a person acting on behalf of the supplier and the purchaser agreement to commence on the date of the telephone over the telephone; and conversation during which the agreement was reached. Records of explicit informed consent must be kept by (c) the initial telephone call for the purpose of entering into the telemarketer and made available to Consumer the negotiations was made by or on behalf of the supplier; and Affairs Victoria for a period of 12 months. Consumers must be advised of their cooling-off rights: they must (d) the total consideration payable by the purchaser under be sent a prescribed cooling-off notice and the terms of the agreement — the agreement within five days of the conversation. A (i) is not ascertainable at the time of making the cooling-off period of 10 days commences from the date agreement; or the consumer receives the notice. There is a six-month penalty cooling-off right if the trader fails to send the (ii) is ascertainable at the time of making the notice. Consumers can exercise their cooling-off rights agreement and exceeds $50. by telephoning the trader.

The bill amends the Fair Trading Act 1999 to The hours of telemarketing will be restricted to between implement the recommendations of the review by the 9.00 a.m. and 8.00 p.m. on weekdays; currently it is reference panel in its report to the Minister for from 9.00 a.m. to 9.00 p.m., so it is one hour less. The Consumer Affairs in June 2003. The review found that hours will be restricted to between 9.00 a.m. and consumers can be put under stress and pressure in 5.00 p.m. on weekends, and of course it will not be telemarketing as in the case of door-to-door sales. I was allowed on public holidays. amazed and amused to find on the Web a counter script to use when dealing with callers. I wish to read some of Telemarketing companies that break the new law will the questions that a person can ask the caller. face penalties of up $120 000, while individual callers will face fines of up to $60 000. A question I would like When the phone rings, after you pick it up and the the minister to answer is whether this means the person tells you that they are trying to sell you government will have to increase staff in Consumer something, you ask the following questions: Affairs Victoria to police this. Are there enough staff to To whom am I speaking? cater for this extra work?

Can you please spell your surname for me? The fines will not apply to the companies whose products are being sold. In addition to these core How did you find this phone number? changes the bill will allow insurers and transport Is this your full-time job? recreational services to waive customers’ implied statutory rights and warranties by written notification Do you also live in the area? rather than by obtaining customer consent by signature. How long have you been in this business and do you like it? It is interesting to see what the industry thought of this Do you get time off for going to the dentist? government’s consultation process. The government Is it important to have good teeth for your job? tells us it goes out to consult and speak to stakeholders and then comes back and drafts legislation. I have a Which toothpaste do you recommend? FAIR TRADING (FURTHER AMENDMENT) BILL

1526 ASSEMBLY Wednesday, 5 November 2003 letter from the Australian Direct Marketing Association obviously head for the less prescriptive states, where industry (ADMA), which states: consultation will bring a sensible legislative change to the forefront. I would like to go [on] the record as saying that the process … leading up to the formation of the legislation … is without doubt the most obscure and one-sided approach I have Based on my personal working knowledge of the industry, encountered. the Australian call centres are staffed approximately 75 per cent by women and 25 per cent by men. Of those women, at The basis for seeking to legislate is either to address market least 60 per cent would be younger adults (under 30 years), failure, which does not apply in this case, or to achieve a and another 30 per cent would be mothers returning to the social policy objective. If the latter is true in respect to this work force and mature women. Men on the other hand show legislation, then the objective is unclear at best or has been more like 85 per cent younger adults, and another 10 per cent deliberately withheld from the … process. Surely the way as mature-age men … ahead is to bring industry along in the process thus ensuring cooperation from the outset, rather than the blunt-instrument Therefore it is safe to say that the call centre industry employs approach now being considered that will result in many people who have been cast aside as being too young confrontation and non-compliance. (and inexperienced) or too old. It is also a safe haven for students who are working their way through … education … It is also interesting to note that the ADMA wrote to the minister on 7 July outlining a number of concerns. In summary: Unfortunately I have been advised that these concerns … please let me offer the following points of consideration: have been ignored. In particular the letter from the ADMA said: Somewhere between 6000 and 12 000 potential job losses ADMA believes it is crucially important that further Job losses in demographic categories most at risk of consultation is carried out with regard to a number of the long-term unemployment proposals prior to legislative drafting commencing. Major loss in future investment … However, as I said, this was ignored by the minister. But let us have a look to see what the impact of this Immediate end of future investment in existing Victorian legislation will be on Victoria. I have a letter from call centres. Sagatori, which is a customer touch point consulting My question for the Honourable John Lenders and the company. Mr Simon Kriss, a director of the company, Honourable Steve Bracks is: can the state of Victoria really wrote: afford to risk this kind of loss?

Based upon data supplied by the highly regarded firm ACA As I said, the letter is signed by Simon Kriss, the Research, the national call industry employs some director of this company. 220 000 people with approximately 28 per cent of those … employed in Victorian call centres. We only have to look at four regions. In Geelong there Further, that ACA research data also shows that across could be a possible loss of 552 jobs, in Ballarat there Australia approximately 20 000 Australians are employed to could be a loss of 1050 jobs, in Bendigo there could be make outbound calls alone, while the number who a loss of 750 jobs and in Latrobe there could be a loss incorporate outbound calling in their total workload equals of up to 525 jobs. So I urge the government to go back 90 000. and look at what this legislation would do to the … economy and to employment, especially in these ACA Research predicts that the proposed legislation changes regional areas, and to support the amendment before the will yield a net result of 40 000 lost jobs nationally, and house. approximately 12 000 lost jobs in Victoria. It is also interesting to see what the ADMA said about My predictions: job losses. Again, in a letter to Mr Lenders dated 7 July … 2003 the association wrote:

I would estimate that the current legislation would yield a net In particular, we point to the national inconsistency they will job loss result of the order of 6000 in Victoria, with another cause, the impact they will have on legitimate telephone 4000 to 6000 across the rest of the nation. If, however, the marketing in Victoria and the negative effects they will have current legislation were to be extended into other types of on employment levels. calls or lines of business, the industry in this state will be decimated. …

Also noteworthy is the potential for major loss of future It should also be taken into account that over-restriction of investment in Victoria. Call centres which exist here as part of outbound telephone marketing will lead to a sizeable decrease a national network will not be expanded, and the legislation in the number employed in this sector. This undesirable effect will deter new players wanting to enter our market. They will FAIR TRADING (FURTHER AMENDMENT) BILL

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is exacerbated by the number of call centres situated in areas The draft legislation states that a contract is ‘void’ unless a of high unemployment. consumer has given ‘explicit, informed consent’. This currently applies without limitation and could potentially So the industry is calling out and the opposition has allow the consumer to use the product/service for an made known to the government a number of concerns, unlimited amount of time before informing the supplier that yet I am told that the government refuses to speak to the they do not believe that they gave ‘explicit, informed consent’. industry about these changes. The ADMA wrote to the minister again on 3 October outlining some of the So if they ordered some food items, they could finish clauses that it found ambiguous and in some cases of half of them and then say they had not given consent. great concern. I will go through some of them briefly, in particular proposed section 67A(1)(b), to be inserted Limitations need to be introduced, particularly where the consumer has continued to use the product/service outside the by clause 7. The ADMA suggests that this proposed cooling-off period. section be clarified to ensure that the legislation only applies when an agreement is both negotiated and It says about proposed section 67D(2)(c): concluded on the telephone. With proposed section 67B, the ADMA is aware that: The wording of this section states ‘the specific purpose or use of the consent’. ADMA believes that this could be made … despite … confirmation that this provision places a clearer by requiring that ‘the consumer must be clear what restriction on the supplier, the department maintains the they are consenting to’ or ‘it must be made clear to the opinion that the duty to cease telephone marketing on request consumer what they are consenting to’. of the consumer applies to both the supplier and the supplier’s agent … The letter sent to the Minister for Consumer Affairs also says about proposed section 67D(5): The ADMA objects for the following reasons: It is important to note that the requirement to keep a record of The customer contact data belongs to the supplier not to the all transactions for 12 months will result in a sizeable contact centre. additional cost for both small businesses and charities over and above the significantly increased administration costs. …

It is not for either business or the government to decide which About proposed section 67D(6) it states: calls the consumer receives. This section imposes penalties on suppliers that fail to inform the consumer of their cooling-off rights in ‘any negotiations 15:55 If a consumer does not want to receive a call from a specific company, it may request no further contact … that may lead to a telephone marketing agreement’.

Such a provision will not stop calls. It will result in a supplier The ADMA believes this is too wide. It states further: using an alternative contact centre, which does not have customer suppressions … The penalty should only apply where a telephone-marketing contract is concluded and the supplier has failed to inform the … Instead it results in the consumer losing control of the consumer of the cooling-off rights. personal data. It is then held by both companies and contact centres. Having sighted the letter of cancellation to be sent by the supplier to the consumer, the ADMA was dismayed About proposed section 67A(2) it states: at the negative approach adopted by the government. It ADMA would request that a definition of ‘uninvited’ be said: included in the legislation. This definition should exclude calls made to existing customers where the consumer has This paints telephone marketing in an extremely negative given their consent to call. light and is unnecessary to achieve the aim of educating and providing information to the consumer. ADMA would like to For example, if I had purchased house insurance from a assist the department in redrafting the part 1, schedule 2 notice to ensure that balanced and positive information is particular company six months ago, and the same provided to the consumer. company called me to try to sell me car insurance, the ADMA believes it should be exempt. It states: It went on to say that there is currently a requirement that the written agreement be signed by the supplier: ADMA would like to suggest the following definitions of ‘uninvited’: ‘a call made to an individual who has not ADMA believes this is an additional, unnecessary hurdle for requested or consented to the call’. the supplier to endure in this process … This will also add a significant time delay to an already lengthy process. In Such a definition will allow businesses to call an existing addition, it does not provide the consumer with any additional customer provided they have gained the consent of the protection. ADMA would request that this clause be deleted. individual. About proposed section 67D(1) it states: FAIR TRADING (FURTHER AMENDMENT) BILL

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The association said that, as specifically agreed at the As I said, I hope the government will look very review panel meeting, the words ‘unless otherwise carefully at the amendments proposed by the opposition agreed’ should be added: and set up some sort of inquiry or analysis of the costs to our economy and to employment. I hope it will also It was made very clear at the meeting that many companies make a few exemptions, as has been requested by the would be logistically unable to send out a confirmation notice within five days. For this reason is was specifically agreed industry. that a longer period was acceptable providing the consumer was informed and agreed to that longer period. Mr DELAHUNTY (Lowan) — I am happy to rise on behalf of the National Party to speak on this Fair The ADMA went on to observe that a supplier may not Trading (Further Amendment) Bill 2003. I will lead off enforce the contract against a consumer if the supplier by saying that my colleague the Honourable Damian has not complied. Most companies will not be able to Drum in another place has been our person responsible comply as the bill is currently drafted. This point for handling the bill in the National Party and briefed becomes extremely important. the party last week in relation to the legislation.

Mr Edwards went on to say that the consumer is able to We are not opposing the legislation. The Liberal Party cancel the contract by leaving a notice of cancellation at has given us a copy of its amendments, which we have the supplier’s address. The ADMA would like this had a look at today. We do not have any problems clarified to require that the notice of cancellation be supporting the reasoned amendment or the other manually posted or delivered to the supplier’s premises. amendments proposed by the member for Bulleen. We are not opposed to the legislation, but we think it will Finally, it states about proposed section 67J: be improved by the amendments put forward by the On cancellation of the contract the supplier is required to Liberal Party. immediately return the money. This does not allow the supplier to receive the returned goods to check their The purpose of the bill is to amend the Fair Trading Act condition … ADMA would like the clause to be revised to 1999 to implement the recommendations of the fair require the supplier to return any money paid immediately on trading review reference panel — and I know its chair receipt of the returned goods. is in the chamber today so I am sure he will tidy up any According to Mr Edwards of the ADMA: loose ends that we might have missed — to implement a regime of telemarketing conduct restrictions and to … the exceptions to the cooling-off outlined in my letter of bring Victoria’s telemarketing regime into line with that 7 July 2003 have not been included in the legislation. There of New South Wales. are many instances where it is not appropriate for the cooling-off period to apply. Often we in Victoria claim that we are the leading state. For example, if you order a CD, it arrives, you make a The former coalition government introduced the copy and then you send it back, you have got what you numberplate slogan ‘Victoria — On the move’ because wanted but have not paid for it. So it is very important we were on the move — we were trying to make sure to look carefully at products such as food items — we were still in front of everyone. The reality is that if products people can use while they have them in their we are the place to be then it means you are stationery. presence and then return. This also applies to some When you are on the move you keep in front of your services. competitors. I think it was a very good marketing ploy, because you need to be on the move. In light of the concerns the industry has expressed, I hope the minister or the minister’s representative will Ms Allan — All spin, wasn’t it. have a good look at the opposition’s amendments and support them for a number of reasons. It is necessary to Mr DELAHUNTY — It does not matter who you take into account the job losses in regional Victoria, are, there is a lot of spin. which will be significant. Unless something is done It surprises me that we are bringing ourselves into line there will be many people out there who will be with New South Wales. But if something is good for unemployed and who will find it very difficult to find Victoria, it is particularly good for country Victoria, employment. Secondly, people should not be able to and I will support it on behalf of the National Party in order products, use them and then return them within this legislation. 10 days and have both the service and their money refunded. The consultation done by my colleague was with the Consumer Law Centre of Victoria, Apple Telemarketing, the Bendigo Advertiser telemarketing FAIR TRADING (FURTHER AMENDMENT) BILL

Wednesday, 5 November 2003 ASSEMBLY 1529 department and also Telstra Country Wide. I do a lot of telemarketers should be banned altogether. However, it work with Telstra Country Wide in my electorate. Chris is a tool that everyone uses — even political parties. I Doodie is the regional manager. We have differences of wonder if the legislation will apply to governments and opinion on various occasions, but I do have a good similar bodies doing research. I know we are talking working relationship with him because the reality is that about telemarketing, but I have been caught by people there are about 80 telcos in Australia, so — — doing research work, whether on elections or under-age drivers licences. We want some protection when these Ms Allan interjected. people telephone.

Mr DELAHUNTY — That was brought in by the I know some people are very good at getting off the Keating government, I believe. So for the Minister for telephone — I am sure the member for Mildura is good Education Services, who is at the table, to talk about at getting off the telephone in his present position — privatisation when it was privatised by her Labor but others need some protection, particularly those who federal members when they opened up opportunities for have difficulty in dealing with the very pushy telcos — — telemarketers I have unfortunately encountered on the telephone. I think I am pretty good at getting rid of The ACTING SPEAKER (Mr Savage) — Order! people on the telephone — — The honourable member will refrain from reacting to interjections and the minister will refrain from making An honourable member interjected. them. Mr DELAHUNTY — I respond to all my Mr DELAHUNTY — I know as part of this telephone calls, as compared to some other people I legislation that the telemarketers must gain explicit could mention. People with less skill than I have find it informed consent prior to entering into any agreement, difficult to get off the telephone and away from and I think this is where the Liberal Party’s telemarketers. To restrict the hours to between amendments will add value to the legislation we are 9.00 a.m. and 8.00 p.m. on weekdays and from debating here today. Because not only must the 9.00 a.m. to 5.00 p.m. on weekends offers some telemarketers gain explicit informed consent there are protection. But a lot of people who answer the other things provided for in the amendments. telephone at home are out of the work force, and many of them are older people, so maybe there is not enough The Liberal Party believes the provisions should not protection. However, I am not sure we have a better apply where the agreement has started or where goods answer than the restrictions imposed by this legislation. have already been used or services performed. We in the National Party believe that is commonsense and Another part of the bill removes the waiver for will add value to the legislation. In this legislation the recreational service providers. These waivers will be cooling-off period has been extended to 10 days, and replaced by adequate warnings but will still be overall although we have no problem with that, again determined by the courts. I know this deals with this is where the Liberal Party’s amendments will add legislation we debated 12 months ago, particularly in value to the legislation. There are times when people relation to the snow season that was then approaching. are provided with services or more importantly get There was concern that every skier would have had to goods or products, whether it be computer software, sign an indemnity before skiing. That would have been videos or the like. These things are usually wrapped or impractical, so the government introduced this waiver sealed, but if the seal has been broken that would apply. for snow skiing; it was, as I understood it, only for They cannot take it back during the cooling-off period skiers. However, other adventure tourism operators of 10 days. expressed concerns about horseriding, rock climbing et cetera — and a lot of those activities take place in the The other part of the Liberal Party’s amendments talks Lowan electorate. One of the greatest rock climbing about ‘personal health or hygiene products where any training areas is at Mount Arapiles, where an enormous wrapping or seals have been broken or tampered with’. number of learner and professional rock climbers come Again the Liberal Party’s amendments would add value to train. We also have a lot of horseriders, particularly to the legislation, which we are not opposing. in the Grampians, and they would also like to have this Hours for telemarketing have been restricted to between type of protection. 9.00 a.m. and 8.00 p.m. on weekdays and from As I understand the legislation, recreational service 9.00 a.m. to 5.00 p.m. on Saturdays and Sundays, providers will be covered by this change, but adequate public holidays being precluded. The member for warnings will have to be given to participants who South-West Coast, who is sitting beside me, feels that FAIR TRADING (FURTHER AMENDMENT) BILL

1530 ASSEMBLY Wednesday, 5 November 2003 undertake activities such as those I have just mentioned. The ACTING SPEAKER (Mr Savage) — Order! We are not sure when we look through the definitions I remind the honourable member that we are discussing in the bill just what the term ‘adequate warnings’ the Fair Trading (Further Amendment) Bill. means. I would like the next speaker, who I think is the member for Burwood, to cover what ‘adequate Mr DELAHUNTY — I have raised some questions warnings’ really means. that I would like the next speaker, who was the chair of the Fair Trading Act review reference panel, to address. If you look at the sides of roads these days, you see a I know this has probably come about because of plethora of signage warning drivers, whether it be national competition policy, but concerns have also related to speed restrictions, nearby tourist resorts or been raised about telemarketing. Overall, as I said, the whatever. We are getting to the stage where warning National Party will not be opposing the legislation. signs are becoming so prevalent that drivers are becoming oblivious to what is happening along the side I finish by saying that members of the National Party of the road. They have to watch the road — — were given copies of the reasoned amendment by the Liberal Party and will be supporting it. The member for Dr Napthine — And smile at the cameras. Bulleen outlined why there are concerns out there, particularly in relation to employment opportunities Mr DELAHUNTY — Just listen! As they are across rural and regional Victoria. I have to say that is driving along the road they have to watch for other cars, so across Victoria in general. I know a lot of these types bikes and the like. They also have to watch for speed of companies have been set up, and I know that people cameras and speed-restriction signs. We have heard the in the town of Willaura would like to set up a minister say today that if the speed camera operators do telemarketing centre in an unused building there. The not perform they will get a penalty. concerns raised by the member for Bulleen are valid.

I am not sure — and the question was asked in the A cost-benefit analysis needs to be done of the bill’s briefing by National Party members — what the intent, particularly in relation to the impact on definition of ‘cooperatives’ really means. I know it is in employment and investment in regional Victoria. I the 1996 Co-operatives Act, but unfortunately I did not often say that if it is good for Victoria I will support it, have time to look it up. particularly if it is good for country Victoria. I have highlighted many times the fact that Victoria is bigger Mr Stensholt — School cooperatives. than Melbourne. The member for Bulleen, to his credit, Mr DELAHUNTY — I understand it is about has highlighted the concerns of people across Victoria schools, as the member for Burwood said, being very about the way this government is operating. There are helpful. Does that also include other cooperatives, such some very good reasons why, if the reasoned as dairy cooperatives and the like? Members of my amendment does not get up, amendments should be party were asking how narrow it is and what the made to the bill in respect of the telemarketing definition includes. agreements, which can have a major impact not just on employment in country areas but importantly on the Schools can now borrow up to $20 million, and that services provided by telemarketers. There are valid will increase to $30 million. That would be a worry if it reasons why the Nationals will be supporting the were for a school like the one in my electorate at amendments. Penshurst, which is the smallest primary school in Victoria. Penshurst has nine students. It is a great little With those few words I am happy to say that the town that is doing very well, and it has a great health National Party will not be opposing the legislation but service. will be supporting the reasoned amendment moved by the Liberal Party. Ms Allan interjected. Debate adjourned on motion of Mr STENSHOLT Mr DELAHUNTY — The Minister for Education (Burwood). Services said that the Penshurst health service was Debate adjourned until later this day. closed. The member for South-West Coast, who previously represented that area, knows that is a great health service. It is operating extremely well, but unfortunately it has not been fully funded by this government in relation to other things. STATE TAXATION ACTS (FURTHER MISCELLANEOUS AMENDMENTS) BILL

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STATE TAXATION ACTS (FURTHER I must say that the information provided by the MISCELLANEOUS AMENDMENTS) BILL Victorian government on the removal of this concession is quite scanty. But a bit of research shows Second reading that this is yet another instance in which our government is tagging along behind the New South Debate resumed from 16 October; motion of Wales government, again with a potential cost to Mr BRUMBY (Treasurer). Victorian revenue through our government’s tardiness Mr CLARK (Box Hill) — This is a bill which in acting. amends a range of Victorian taxation acts. Most notably This loophole was tackled by the New South Wales it amends the First Home Owner Grant Act 2000 to fix government in its budget handed down on 24 June 2003. up some of the flaws in that act which our Treasurer In that budget the New South Wales government would have fixed a long time ago if he had followed the announced, with effect from 24 June 2003, the removal lead of his New South Wales counterpart, Mr Egan, but of the concessional treatment in what appear to be which he has not acted upon until very recently. identical terms to that which our Treasurer announced The bill amends the Duties Act 2000 in order to change on 15 August. Our Treasurer has also failed to tell the the provisions relating to duty exemptions for corporate public what estimated revenue effect this measure will reconstructions and to implement an anti-avoidance have. Again, the New South Wales government has measure relating to mortgage-backed debenture issues. been more forthcoming. I refer to page 3-4 of its budget statement for 2003–04, where it refers to the tax The bill also amends the Land Tax Act 1958 to alter the measures in its budget and estimates a revenue impact definitions relating to primary production land to from the removal of concessional stamp duty provisions include a reference to land used for the cultivation of for mortgages securing debenture issues of $6 million in crops and their use, whether in a natural, processed or 2003–04 and a further $6 million in 2004–05. If you converted state. It changes the scope of the exemption look at that in pro rata terms, presumably the effect on for retirement villages following the decision of the Victoria would be a little bit over $4 million. One can Victorian Civil and Administrative Tribunal in therefore form some estimate of what the cost of our Burwood Terrace Pty Ltd v. Commissioner of State government’s delay in acting on this measure has been. Revenue. It also gives the State Revenue Office (SRO) discretion to extend the time limits within which people The New South Wales government argues that the are able to qualify for the principal place of residence reason for removing this concession altogether, rather exemption. than simply cutting off its abuse, is that: Genuine mortgage-backed debenture issues are now rare. Finally, the bill amends the Taxation Administration Act 1997 to allow the SRO to disclose information to Let us hope that that is the case and that genuine the director of fair trading and the Australian Federal mortgage-backed debentures will not be adversely Police. There are also some other minor provisions in affected. the bill. The next measure to which I refer is that contained in Considering those provisions in the order set out in the clause 5 of the bill, which introduces a code for bill, clause 3 removes the concession for duty on corporate reconstructions and the exemption from duty mortgages associated with debenture issues. In effect for them. Previously exemptions were made available that concession is being removed entirely for mortgages in Victoria under guidelines issued by the Treasurer, that were executed on or after 16 August 2003, which and the view has been taken that it is better to include was the day following the one on which our Treasurer that in legislation. I think that conclusion is correct. issued a release declaring the government’s intention to do that, saying: There has also been some restructuring of the test, and in particular the previously required period of three … there was considerable evidence that large amounts of years for what is called pre-association — that is, mortgage duty were being avoided through the use of contrived schemes involving the issue of debentures … association of entities within the corporate group prior to claiming the exemption — has been dropped. But In particular that applied to schemes involving the there is a tightening up of the provisions related to execution of debenture trust deeds and issuing of post-association — that is, the period of time within debentures in either the Australian Capital Territory or which corporations in the group have to remain within the Northern Territory, which do not have mortgage the group in order to retain the benefit of the exemption. duty. STATE TAXATION ACTS (FURTHER MISCELLANEOUS AMENDMENTS) BILL

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Of course the policy objective of this exemption is clear without entitling the commissioner to revoke, the and has been clear for years — that is, that within exemption granted under the part. corporate groups there are often rearrangements of property within the various subsidiary companies or I question the merits of that requirement and hope that other companies in the group for good commercial the Treasurer or his parliamentary secretary might offer reason. If those transfers were liable to stamp duty, it some explanation. Similarly, and it is perhaps a more would be an enormous impediment to the efficient minor matter, in the definition of public float in operation of the commercial world; and conversely subsection (3) of proposed section 250D the reference there is no significant effect to revenue through giving ‘public float’ means a share float or a public unit trust the corporate reconstruction exemption, because if it scheme’ seems a bit awkward in relation to public unit were not available the properties would just stay in the trust schemes where presumably it is intended to refer corporate entities in which they happened to be, and the to the public launch of such a scheme rather than just corporations would put up with the inconvenience the scheme itself. rather than pay duty on what is effectively a nominal rearrangement within the group. The next set of provisions to which I refer are those relating to the Land Tax Act, and in particular clause 9, The objective of these provisions is to be commended. the first two paragraphs of which deal with the There have been some issues raised relating to the definition of the business of primary production. What drafting of the provisions, and I should say that this those two amendments do in the Land Tax Act 1958 in appears to be yet another bill on which a government the definitions of ‘business of primary production’ and that claims to talk to people and to listen before acting ‘land or lands used for primary production’ is insert has yet again failed to give people a reasonable after the word ‘cultivation’ the words ‘(whether in a opportunity to have input. I believe the government natural, processed or converted state)’. The Treasurer in claims that there has been consultation with industry on his second-reading speech said that these amendments this bill, but the Property Council of Australia has told were required so that activities such as the conversion the opposition that it was not consulted on it, and I of produce before sale — for example, the conversion understand from a member of the Law Institute of of grapes into wine — are included. It is not clear from Victoria’s taxation committee that that committee also the Treasurer’s explanation exactly how they are was not given an opportunity to comment on the bill. intended to be included.

There have been some concerns raised as to how well On my initial reading of those words it seemed to me the drafting of the reference to stapled securities and that it was referring to a situation, for example, where unit trusts in the proposed section 250(2) has been put grapes are grown on a farm and then processed into together, and also concern raised in relation to the wine and the wine might be sold on the farm; or proposed section 250D as to the extent to which the similarly, if tomatoes or other primary produce are so-called post-association requirement applies. It processed and bottled or preserved and then sold from appears on a reading of section 250D that if a corporate the farm then the whole of that activity would be group obtains an exemption for transfer of properties covered. But on my reading of the bill in the context of within the group then any corporation that is a member the definitions to which I have referred I question of that group at the time the exemption is given must whether if that is the intention it actually works in that remain within the group for a period of three years way, because the two definitions still say that the following the transfer which attracts the exemption business of primary production is the business of even if that member of the corporate group had nothing cultivating the land for the purpose of selling the to do with the transfer itself. produce of such cultivation, and then the words, ‘whether in a natural, processed or converted state’ are That is a conclusion that appears to follow from added. subsection (1)(a) of proposed section 250D, and that does seem to be illogical. It makes sense that the It seems to me what this change does is that if the corporation that is involved with the transfer of farmer processes the crop before selling it, that does not property and that gets the benefit of the transfer is put at risk the land tax exemption in relation to the required to remain within the group. But if you have in actual growing of the crop, but it does not extend the particular a large corporate group that may have exemption to cover the processing of the crop, even if upwards of 50 or more subsidiaries, it would appear that processing is carried on on the farm premises. that none of those subsidiaries can be shed from the Certainly there is no suggestion that it will give the group. They cannot be sold for good commercial farmer a tax exemption for a separate processing plant. reason, for example, without putting at risk, indeed But it does still mean that it appears to be only the STATE TAXATION ACTS (FURTHER MISCELLANEOUS AMENDMENTS) BILL

Wednesday, 5 November 2003 ASSEMBLY 1533 actual cultivation that attracts the exemption and not levelling it and saying, ‘That is lawn for the benefit of on-farm processing. Again I hope the Treasurer or the the residents and therefore it is part of the retirement parliamentary secretary will make clear to the house village complex and entitled to the exemption’. Again what the government’s intention is in that regard. the Treasurer or his parliamentary secretary might like to turn their minds to that issue. The other change made to the land tax provisions by the changes proposed in clause 9 and subsequent clauses The next provisions on which I comment are those relate to retirement villages; and that follows, as I contained in clause 11, which provides some useful mentioned, the case of Burwood Terrace Pty Ltd v. discretion to the commissioner about extending the time Commissioner of State Revenue 2002 VCAT 183. The limits for principal place of residence exemption objective of these amendments appears to be so that qualification where there is good reason for a delay in land tax can be applied to land that may be set aside for meeting the time lines set out in the legislation. the possible expansion of a retirement village but is not actually being used for the purposes of the retirement I now move on to part 5, which relates to the First village at the time. Home Owner Grant Act, and in particular the provision proposed to be inserted by clause 15, which provides The reason that this amendment is being made is that that an applicant for a first home owner grant must be at the Victorian Civil and Administrative Tribunal took least 18 years of age. This amendment will be familiar issue with the operation of an existing provision in the to honourable members because they will well Land Tax Act — section 9(2AB) — which says that if remember the fuss made about this issue a few weeks the commissioner is satisfied that only part of the land ago by the Treasurer. It first came to light with a front is used and occupied as a retirement village and for no page story in the Herald Sun about first home toddlers other purpose, the unimproved value of the land must and how 38 kids under 10 years of age were buying be reduced for the purposes of land tax by an amount homes with a taxpayer bonus, but as is common with calculated in accordance with a formula that is set out the government when it has goofed and bungled and is in that section. What VCAT held was that if part of the about to be exposed, it went on the offensive and tried land was lying idle it was still used and occupied as part to blame somebody else — and this case is no of the retirement village and for no other purpose, exception. The Herald Sun reported: because there was not another purpose for which the land was being used. Mr Brumby is furious the Howard government has failed to rein in the scheme. What these amendments do is say that to qualify for the Subsequently: exemption the land must be occupied or currently available for occupation as a retirement village. Some We are doing what we can at a state level to make sure the concern has been raised that this might allow tax to be grant is distributed fairly to people whom it is intended for. applied to parts of retirement village complexes which But when you look at the detail of the situation it are not dwellings. The State Revenue Office told us at becomes absolutely clear that this is a state government the briefing it provided that that was not the intention, responsibility and the Treasurer has failed to do his job. and on my reading that is probably correct, but I would You could look first of all at the intergovernmental hope that the Treasurer or his parliamentary secretary agreement, which was entered into between the state would make that clear on the record to avoid any doubt. and the commonwealth and which sets out the The provisions have also been drafted to make it principles. It is clear that it was up to the states to explicit that land in a retirement village is exempt from introduce measures to prevent abuse of the scheme. land tax if it is currently available for occupation, even It is also interesting to see the flip-flops of the if the unit is empty at the time. Again that is a government about exactly whether or not this is a state reasonable provision. government scheme or a commonwealth government Whether the amendment achieves its objective of scheme. The policy seems to be that when it is going imposing land tax on land that is set aside for possible well the state will take the credit for it, but when there future expansion of retirement villages is unclear. It are problems the state will blame it on the seems to me that, if a developer has some land which commonwealth. We have had a string of news releases the developer proposes to develop subsequently with from the Treasurer over the years, claiming credit for further units but which is lying idle at the time, the all the wonderful things the scheme has been doing and developer can easily avoid the provisions in the bill by talking about how it is funded by the Victorian simply sowing some lawn seed on the vacant land, government. If we look at the state government’s STATE TAXATION ACTS (FURTHER MISCELLANEOUS AMENDMENTS) BILL

1534 ASSEMBLY Wednesday, 5 November 2003 submission to the Productivity Commission inquiry into Overall the opposition does not oppose the bill. housing affordability, we see that after criticising the However, there are a range of measures that I have commonwealth government it says: referred to on the way through about which legitimate queries have been raised, and in order to properly deal This contrasts with the Victorian government, which provides with those queries I trust that the Treasurer or his financial assistance through the first home owners grant … parliamentary secretary will put some comments on the So when it suits them, it is their scheme, but when there record and consider the need for any amendment that are problems, it is all Peter Costello’s fault. But of may be necessary to the bill. course they had the whistle blown on them well and truly by the New South Wales Treasurer, Mr Egan, who Mr RYAN (Leader of the National Party) — It is most embarrassingly came out and told the truth about my pleasure to join the debate on the State Taxation this, and I quote the AAP news report of 14 October: Acts (Further Miscellaneous Amendments) Bill. There are basically four items of legislation being amended by New South Wales Treasurer Michael Egan today produced a the bill now before the house. I wish to deal with those fax that was delivered to commonwealth and state officials in seriatim. April 2001 informing them that the state had introduced legislation restricting the grant to buyers 16 years and over. I might say from the outset that the National Party does And when one actually looks at what the New South not oppose the legislation, although there are some Wales Treasury sent out, one sees it is exactly that. It points that are important, I believe, for the government sent a fax to Brett Rowse of the Victorian Treasury to consider while the bill is between the houses, and I detailing that it had introduced a bill into the New will come to those in a few minutes. Since I only have South Wales Parliament on 11 April 2001 requiring all 20 minutes to address these bills these days, my speech applicants for both the first home owner grant and the will be a few minutes shorter than might otherwise have new home grant to be at least 16 years of age, with been the case. some discretion for the chief commissioner to provide The first act that is amended is the Duties Act 2000, and the grant to persons under this age. It included a copy of there are two principal elements. This amendment seeks the explanatory note that accompanied the bill into to amend chapter 11 of the principal act relating to Parliament. exemptions for the payment of stamp duty where So the Victorian government was well and truly on property is transferred on the occasion of a corporate notice as far back as April 2001 about this problem, but restructure. At present there are guidelines and criteria what did the Treasurer do about it? Absolutely nothing. that apply where that happens. It is thought by the In the meantime over the three years we have had government that the guidelines are being abused in one 38 children aged 10 or under, and reportedly another way or another. Whether that amounts to evasion or 36 children aged between 11 and 17, receiving the avoidance is a moot point; nevertheless, the intention is grant, at a total cost in excess of $500 000 to taxpayers to put those guidelines into the principal act, which is funds. Of course this is something on which the what this component of the amendment does. Victorian government could and should have acted I pause to say that the government is most anxious to years ago. Now, tardily and belatedly, we have part 5 of protect its position regarding stamp duty, because the bill bringing in the provisions to finally deal with without the stamp duty in which it is swimming the this problem. They effectively mirror the provisions fortunes of the state of Victoria would be in the red that both New South Wales and South Australia rather than marginally in the black. enacted some time ago. The second element of the amendment to the Duties The provisions themselves are quite unexceptional. The Act concerns the avoidance of mortgage stamp duty, Victorian provisions set the age limit at 18 years rather and again there is a question of whether it is evasion as than 16 years, but again there is an exemption if the opposed to avoidance. Presumably it is a case of commissioner is satisfied about various things, and avoidance; otherwise proceedings would have been there is also a range of other amendments which deal instituted to deal with those who have been evading a with other sundry points to tighten up the payable tax. In this instance we have seen another administration of the first home owner grant scheme. instance of legislation by press release: the Treasurer But the main point to be made about this part of the bill issued a release on 15 August indicating that certain is that, yet again, it is a case of too little, too late on the activity now being complained of would no longer be part of the Victorian government — certainly too tolerated. It said to the world at large that any future late — and the Victorian taxpayers have suffered as a legislation would be based on that same date of consequence. STATE TAXATION ACTS (FURTHER MISCELLANEOUS AMENDMENTS) BILL

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15 August. That has now happened: this is legislation There is reference in the second-reading speech to retrospective to that date. I might say that that venerable privacy legislation and the like. Here is another instance committee, the Scrutiny of Acts and Regulations where a government entity in the form of a tax Committee, finds the legislation acceptable. Far be it officer — who in the strict sense stands apart from from me to disagree with what the committee might government but is nevertheless an entity within the say. legislative format of this place — will be able to volunteer the sorts of information described in the The next act which is being amended is the Taxation legislation to these authorised recipients, as they are Administration Act 1997. This has some interesting termed. It is another inroad into the privacy provisions. elements, in that it deals with disclosure to the director For all that, the National Party does not oppose those of fair trading and the Australian Federal Police. There amendments. are pertinent provisions in the current legislation under division 3 of part 9 that deal specifically with secrecy. The third act is the Land Tax Act 1958. These Section 91 deals with prohibitions on the disclosure of amendments are fundamentally similar to those being certain information by tax officers, and section 92 deals made to the Duties Act. There is a specific amendment with permitted disclosures to particular persons. regarding retirement villages to accommodate a ruling Amendments are now being sought to section 92. by Victorian Civil and Administrative Tribunal. The member for Box Hill has dealt with those matters It occurs to me, ironically, that section 92 seems to have fulsomely, and I do not intend to explore them further. been the subject of a fair deal of comment over the years, whether at the state or, more particularly, at the The fourth and final act being amended is the First Home federal level. This has nothing to do with free trade Owner Grant Act 2000. The first thing to be said is that between the states; it is rather to do with permitted although this element of the amendments is buried at the disclosures to particular persons. back of the bill, it is of course the nub of it. This arose, I have no doubt, as a result of an article on the front page Section 92(e) as it stands deals with a capacity for of the Herald Sun some weeks ago which was referred to information to be disclosed to an authorised recipient. by the member for Box Hill. This bill brings in what This amendment extends the categories of authorised might be termed the kids-in-the-kitchen amendment. recipients. Present authorised recipients of information This is the bill which is intended to deal with the which is gleaned under the act are the Ombudsman, a situation, as described in Clancy of the Overflow, of member of the police force as defined, the archives thumbnails being dipped in tar! authority — for reasons that escape me, but nevertheless it is there — the Australian Statistician, We have the ludicrous situation, now exposed and God bless him, and the Auditor-General. Two new sought to be addressed by the Treasurer, whereby categories — namely, the director of fair trading and young children, infants, have been applying for the first the Australian Federal Police — are to be inserted after home owner grant. This government has enabled the the reference to the Auditor-General. process to flow in a manner which the newspaper article indicated. After the event, as is so often the case, I wonder why it is that the regulatory provision that we have the government trying to plug the hole. So the applies within this subsection is not being used. kids-in-the-kitchen amendment is proposed, and it is Subsection (e) describes an authorised recipient as: one of a series of amendments.

(vii) a person prescribed by the regulations to be an To go through them briefly, they are: that the applicants authorised recipient for the purposes of this section. for the grant must be at least 18 years of age and that Here we seem to be using legislation as opposed to the they must actually live in the premises for at least six regulatory power which is already encompassed in the months, which must commence within 12 months of act. I wonder why it is so. purchase; the amendment makes it clear that applicants who have had a previous interest in property — that is, The other point I raise is that disclosure is just that. they may have inherited a dwelling or lived in it — are There is no distinction made between information that not eligible; it makes it clear that nominees are eligible is offered as opposed to that which is sought. A tax to apply; it provides for interest to be charged where a officer is now going to have the power to disclose grant is revoked and recovery of it is sought; and it voluntarily, if you like, to various authorised recipients, makes provision where a revoked grant is not repaid for the categories of which are being expanded by this the outstanding amount to be a charge against the land amendment, without necessarily being asked for it. rather than the applicant’s interest in that home, as the act presently provides. STATE TAXATION ACTS (FURTHER MISCELLANEOUS AMENDMENTS) BILL

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Given all the prevailing circumstances they are worthy bind these advertisements are extraordinarily attractive. amendments and they are not opposed by the National At the time of advertising or upon receiving the initial Party. There is one outstanding issue that I want the responses, the shark establishes whether the respondent government to consider while the bill is between is a first home buyer. What he does, therefore, is bring houses. A lot of the second-reading speech, particularly into play the first home owner grant of $7000. It is the at page 5, is about belting what might be termed the very act under which such grants are made, the First ‘haves’ in the community, so it is said to be Home Owner Grant Act 2000, which is in part the inappropriate for people who are buying homes of a subject of the amendments set out in the bill before the value of more than $1 million or $500 000 to access the house. scheme. The government complains bitterly about that and says that because of the existence of the The shark contacts those who respond to the intergovernmental agreement between the advertisement, confirms that there is a preparedness to commonwealth and the states nothing can be done assist and commits the respondent to an agreement and about it. After having that whinge the government then invites them to search for a house within a specified moves on to impose the additional changes that are set price range. Usually the price range is of the order of out in the bill and which I have just summarised. $70 000 to $90 000. What next occurs is that the innocent respondent searches the market, locates a A fair deal of the second-reading speech is devoted to house appropriate to their needs and notifies the shark belting the ‘haves’. Tragically nothing in the to that effect. The shark contacts the real estate agent, second-reading speech, let alone the bill, is dedicated to buys the house and then enters a contract with the poor protecting the have-nots. That is so in the context of a sucker respondent for the sale and purchase of the matter that has been recently brought to the house upon terms which require the payment of a government’s attention and in relation to which a deposit of at least $7000, with the balance payable over golden opportunity was presented through these a period of years at what is usually an inflated interest amendments to have that matter addressed, yet the rate. government in an extraordinary dereliction of duty has chosen not to deal with it. I speak particularly of a scam The next step is that the respondent applies for the first which is operating across various parts of Victoria, the home owner grant and in the course of that application fundamental intention of which is to prey upon those assigns the benefit of the grant to the shark in partial or who are surely amongst the most vulnerable in the complete satisfaction of the deposit. With the passage community. of time the respondent very often defaults on the terms contract because of an inability to meet the payments. I This scam was initially brought to my attention by pause to say that this is almost inevitable for many Mr Moss Mahony of Heyfield. Mr Mahony is a people because right from the start from any clinical respected real estate agent in Heyfield and has a broad assessment of the position those payments will not be practice in the area. I spent some time at his office the met. What then happens is that the shark forecloses other day looking at this issue, having regard to his under the terms contract, resumes possession of the experience of what has occurred at Heyfield. I also house and waits for the next sucker to come along so he know as a result of publicity that the scheme has can do it all again. subsequently occurred in other parts of Victoria, including the Latrobe Valley. I wrote to the This is absolutely reprehensible action. These people Attorney-General on 23 October. I know he is a busy are causing indescribable misery to those who are man, but I urge him to take immediate action and while complete innocents. True it is, and I am the first to the bill is between houses to get together with the acknowledge it, that it is often difficult to legislate to Minister for Consumer Affairs in the other place and protect people against themselves. We see this in a address what is a dreadful state of affairs. number of spheres — for instance, in the gambling regime, where it is very hard to protect people against In brief, that state of affairs is this: across country themselves. It is more particularly the case that people Victoria where housing is comparatively cheap, various within Australia particularly quite rightly aspire to own sharks have developed an absolutely disgraceful scam their own home, and for these operators to prey upon that preys upon the most vulnerable in our the vulnerable members of our community in this way communities. The essence of the scheme is that the is utterly reprehensible and verging on being evil in my shark places an advertisement in newspapers calling for view. those who have previously been refused finance, who have a poor credit rating and who want to own their I wrote to the Attorney-General on 23 October to bring own home. Of course, for those people caught in that to his attention the situation which was raised for my STATE TAXATION ACTS (FURTHER MISCELLANEOUS AMENDMENTS) BILL

Wednesday, 5 November 2003 ASSEMBLY 1537 consideration and that of my colleague the Honourable DISTINGUISHED VISITOR Peter Hall in the other place by Moss Mahony. I call upon the government to address this issue. There has The ACTING SPEAKER (Mr Ingram) — Order! been plenty of notice. We have a vehicle before the Before calling the honourable member for Burwood I house to enable it to be done, and the government acknowledge the former member for Gippsland East, should examine the legislation and make the relevant David Treasure, who is visiting the gallery. amendments while this legislation is between houses. STATE TAXATION ACTS (FURTHERSecond MISCELLA reading NEOUS AMENDMENTS) BILL Debate resumed. There are various possible solutions that deal with two particular areas. We can take whatever steps are Mr STENSHOLT (Burwood) — I rise to support necessary to amend the provisions of the various pieces the State Taxation Acts (Further Miscellaneous of legislation that deal with terms contracts, which may Amendments) Bill which is before the house today. The mean amending the Sale of Land Act or the First Home bill provides for a range of provisions to remove Owner Grant Act, which is being amended here. loopholes and tighten up current acts. Such action is taken regularly to ensure protection of the revenue base There are things that can be done. It might mean that and to deal with situations that arise from time to time. we have to restrict access by purchasers under terms of This is done by providing clarification through contract in the sense of making sure that in instances legislation. where those contracts apply the vendors are subject to a degree of scrutiny which might not otherwise be the The previous two speakers, the member for Box Hill case. There are all sorts of things that can be done, but and the Leader of the National Party, have gone that is one area where the government should pay through the various provisions and have said that the attention to the needs of the people who are being bill seeks to amend four acts. Firstly, the bill seeks to preyed upon. amend the Duties Act 2000 to remove mortgage duty concessions for mortgage-backed debentures. This is The other area is to enact appropriate legislative because there has been a problem with the issuance of amendments to deal with these sharks, as I describe debentures to financial institutions outside Victoria over them, because for them to practise their wiles upon properties in Victoria, either in whole or in part these vulnerable people is an appalling thing to do. It is depending on what debentures have been issued and action of the lowest kind, and they ought to be treated what they actually cover. Indeed as the member for Box accordingly to the extent that this government sees fit to Hill said, when there is a question about tax avoidance impose appropriate fines at whatever level to stamp it or lack of compliance it is not always easy to out. The Nationals strongly support that initiative being determine, but this legislation is in step with New South taken. Wales, which recently amended its act to remove the concession. In summary, this is an absolute gold-letter opportunity for the government to address this issue. It is an issue As is appropriate, the Treasurer advised of the known to the government, an issue where people are amendment in a press release on 15 August, the date needlessly being made to suffer and an issue that should from which the removal of the concession applies, to be addressed. In all of this I believe the rights and the avoid a rush of people going out to avoid stamp duty by remedies of those who are subject to this scam should entering into new transactions. I know the Leader of the be protected. Court orders can be obtained under National Party said this is an example of doing it before various pieces of legislation to achieve that result. We legislation, but there is retrospectivity in action such as must make sure that no more innocents lose their this to stop people getting into tax avoidance situations homes simply because these people, who are nothing before legislation comes down. more than dogs, are preying upon those who very often do not have the capacity to protect their interests. I call The government will also be abolishing mortgage duty upon the government, and the Treasurer in particular, to from 1 July 2004, but it is appropriate in terms of fiscal take the appropriate steps, which are available to the responsibility that the government protect the revenue government and to him, to amend this legislation while base and ensure proper compliance until that date. New it is between houses to achieve the desired result. provisions relating to corporate reconstructions have been put into legislation rather than being in guidelines. Debate interrupted. Once the bill is passed, those new provisions will come into effect on 1 January 2004.

The bill amends the Land Tax Act 1958 to clarify definitions in respect of primary production. Questions STATE TAXATION ACTS (FURTHER MISCELLANEOUS AMENDMENTS) BILL

1538 ASSEMBLY Wednesday, 5 November 2003 have been raised about those definitions, and these In this process the government is fixing the scheme and amendments have been made to clarify them, investigating the various cases in which people have particularly in cases where people grow grapes and been found to be in breach of the act, as I have already process them on the same property. mentioned. As I have said, those people have been fined and forced to pay the grant back. There is There is also clarification in respect of exemption from currently no age limit, and this bill will ensure that there land tax for retirement villages. This clarification will be an age limit. Naturally when there are people follows a decision in Burwood Terrace Pty Ltd v. under 18 years, whether it be through a guardian et Commissioner of State Revenue in the Victorian Civil cetera, and where it is appropriate, discretion is granted and Administrative Tribunal last year. That decision to the Treasurer to enable such a grant to be made. said that the exemption actually applied to the full parcel of land. That needed some clarification. It was But we were talking about rorts, and the Leader of the only ever intended that the exemption be available to National Party has mentioned one. Obviously I am the extent that the parcel of land was used for the sympathetic to the case he raised, but there is a rort in purpose of a retirement village, and that includes that some 80 people or so have used the first home ancillary uses of that particular land. It was not intended owner grant to buy homes worth over a million dollars. to apply to vacant or undeveloped or unused or As it says in the guidelines, the assistance will not be uncompleted portions of the land. means tested. So if you are a millionaire you can get the grant, and some 80 people have applied for and The major change in the bill is in respect of the First received it for houses worth over $1 million. Home Owner Grant Act 2002. The amendment aims to prevent the grant being wrongly claimed in the names We have not heard a lot about this from the opposition. of children or young people on behalf of adults who Maybe the member for Brighton will tell us all about have already owned or who own property. Through the the millionaire home owners in Brighton who should State Revenue Office the state government is aware of not have received this first home owner grant. We are several cases of children under 18 years obtaining the waiting in expectation for that. That is the real rort that grant. As was mentioned by the Treasurer in his press is specifically excluded by means testing. Indeed the release, there was even a case of two children under Treasurer of Victoria has suggested to the Treasurer of 10 years in the one family claiming the grant separately. Australia that it is something which should be looked The State Revenue Office compliance unit detected this at, but I am afraid the Treasurer of Australia has not rort, and the family was fined and forced to refund the been willing to look at this particular aspect. money. Legislation like this, which is sensible, comes before As has been mentioned, the provisions for the first the house from time to time. It makes four amendments home owner scheme are set out in the to various acts dealing with taxation, such as the Duties intergovernmental agreement. The federal government and Land Tax acts, and it corrects the issue with the was involved in this one and was responsible for the first home owner grant to ensure that it goes rules that govern the scheme and for determining the appropriately to people who are over 18 and whose eligibility for the grant. The state government circumstances fall within a set of conditions, which is administers the grant through the State Revenue Office. quite sensible. I commend the bill to the house. This proved to be quite a popular scheme, and the figures show that round about 30 460 first home owner Ms ASHER (Brighton) — I also wish to make a grants had been provided in the 12 months to the couple of observations about the State Taxation Acts middle of September. That has involved about (Further Miscellaneous Amendments) Bill. As has been $213 million. Since the scheme began in July 2000 over covered by other speakers, the bill amends the Duties 116 000 Victorians have received grants totalling more Act in relation to the transfer of property during or after than $818 million. corporate reconstructions; it introduces changes to mortgage duty even though it will be abolished on It is a very popular scheme, but I should note that the 1 July 2004; it makes some adjustments to the land tax scheme guidelines do not say anything about age. The regime for retirement villages, providing a bit of guidelines talk about a one-off payment that must be for discretion as to the sole and principal place of residence a principal place of residence. It must be a new or requirement; and it introduces further disclosure established home or flat, but there is no means testing requirements. However, the main interest in this bill and nothing about age. The commonwealth did not at relates to the first home owner grant and to the changes that stage advocate, indeed it has never advocated, an that the government wishes to make to this scheme. age test for the grant. STATE TAXATION ACTS (FURTHER MISCELLANEOUS AMENDMENTS) BILL

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The second-reading speech was fairly unusual, as I am commonwealth government. What is even more sure you observed, Acting Speaker, because the extraordinary is that Michael Egan, the New South minister spoke for some time about what is not in the Wales Labor Treasurer, whom we can always rely on to bill as opposed to what is actually in it. That is a expose the Victorian government, willingly disclosed to particularly unusual approach for a minister to take in a the media that he had told both the federal government second-reading speech. I will not pursue the same line and the Victorian government some time ago that this of argument and relay my concerns about what is not in loophole meant that people could use toddlers — if I the bill, such as stamp duty and state taxation relief. can use that media expression — as a front to buy When the Treasurer released the financial report for homes presumably for other people. 2002–03 the Victorian Employers Chamber of Commerce and Industry and other business On 14 October Michael Egan produced a facsimile organisations drew the government’s attention to the which was delivered to the Victorian government in fact that it had ample scope for state taxation relief; but April 2001 informing the other states that New South I will not talk about what is not in the bill, even though Wales had introduced legislation to restrict the eligible the Treasurer in the second-reading speech pursued that age to 16, again with discretion in genuine line to some degree. circumstances. He provided a copy of that particular facsimile, which was also referred to by the member for As I said, the main focus of the bill is the change to the Box Hill. first home owner grant. It introduces a minimum age of 18, in the main, as the eligible age for securing that So it was even more surprising for me when perusing federally funded grant. It also introduces some minor the AAP Financial News of 14 October to read: changes to do with occupancy and establishes a regime Victorian Treasurer John Brumby said the rorting was to deal with payments made in error, with an interest discovered after computer databases were cross-referenced to requirement in certain circumstances. I note that under ensure the grant was not being used for investment purposes. the bill the commissioner can provide exemptions. For example, if the commissioner is genuinely satisfied that I have to say that is not accurate. So this state Labor someone under the age of 18 will use it for a principal government and the Victorian Treasurer must have place of residence, they will be eligible for the grant. discovered this loophole at least on the same day that Michael Egan, the New South Wales Labor Treasurer, The government maintains that people have rorted — informed them of it. Unfortunately it is typical of this its word — the system, and has provided to the public a Treasurer to come up with the bumph that he gave to number of examples of young children applying for and the media when in fact he had been informed of the receiving the grant. Adults hiding behind children to loophole and had chosen, for whatever reason, to do rort $7000 from the Australian taxpayer is clearly an nothing about it. unacceptable practice. However, what is also unacceptable is the Victorian government’s slowness in The most interesting element of this particular grant tackling this situation. In New South Wales and South scheme is that the Bracks government has claimed Australia amendments have already been made. credit for it on many occasions. As politicians we all understand a bit of spin in a media release or a bit of There is always some argy-bargy between state and spin going out every now and again, but I draw the commonwealth governments, but in this instance I wish house’s attention to the second-reading speech on the to turn to the intergovernmental agreement on the National Taxation Reform (Consequential Provisions) reform of commonwealth-state financial relations, Bill, which was passed by this Parliament in 2000. It which was signed by the commonwealth of Australia actually says: and all state premiers, including the Labor premiers. The first home owner scheme rules are stipulated in … to offset the impact of the GST on first home buyers, the states and territories will fund a first home owners grant appendix D of the agreement. Clause D1(ix) of scheme; appendix D states: So we had spin in a second-reading speech, because the The relevant State and Territory legislation will contain fact is that the states and territories are not funding it; adequate administrative review and appeal mechanisms, along with provision to prevent abuse of the FHOS. the commonwealth is funding it and the states and territories have the responsibility to administer it. That A clear delineation of who does what is set out in the is extraordinary! I understand spin, but spin in a intergovernmental agreement, so I find it extraordinary second-reading speech is going way too far. that the Treasurer has chosen to argue in the public domain that this is somehow the responsibility of the PROFESSIONAL STANDARDS BILL

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The fact of the matter is that the Victorian government PROFESSIONAL STANDARDS BILL knows the first home owner grant scheme is a particularly good scheme and it has acknowledged this Second reading in its submission dated October 2003 to the Productivity Commission inquiry on first home Debate resumed from 16 October; motion of Mr BRUMBY (Treasurer). ownership. At page 38 of that document the Victorian government discloses that: Mr CLARK (Box Hill) — This is another bill in a … in 2002–03 just over half of the first home owner grants in series of bills at both a commonwealth and state level Victoria were for properties purchased with a price of less that are part of a response to the public liability and than $200 000. insurance crisis that has arisen in recent years. As with so many of these bills, they make far-reaching changes I am indebted to the government for releasing this to the legal regime that we have previously lived under. information on the use of the first home owner scheme They are measures that would probably not have been because it is of particular interest. contemplated, but for the gravity of the public liability and insurance crisis. At appendix c we now learn that first home owners are generally located in the fringe suburbs of Melbourne, In assessing legislation of this kind we have to, on the Geelong, Ballarat, Bendigo and in the Latrobe Valley. one hand, recognise the vital interest of the community Indeed, in terms of the people who are actually in being able to carry on business without being receiving this first home owner grant, again I quote deterred from legitimate income-earning, productive from the Victorian government’s submission to the and constructive activity by the impossibility of Productivity Commission, for the period July 2000 to obtaining insurance cost at a reasonable cost, or June 2003, 50 per cent of the properties purchased with alternatively the risks to which all are exposed if there the first home owner grant were priced between is no insurance at all for relevant activities. On the other $100 000 and $200 000, with a further 25 per cent hand we have to consider the effect of the changes that priced between $200 000 and $300 000. Again we see are being made on the general regime of people’s from these figures that the scheme has been used by existing rights and obligations. people who in the main, given Melbourne property prices — and I take the point that a lot of this is being This is a bill which is simple in concept, although far picked up in regional Victoria — I would have thought reaching and indeed radical in many respects; but in its were very worthy recipients of $7000 first home owner execution it is quite complex. The essence of the grant. scheme is a deal or a quid pro quo under which professional and occupational association members are We have heard a lot of bluff and bluster about who is entitled to limitation on their civil liability in exchange getting the benefit and who is not getting the benefit, for them coming under a regulatory and supervisory but the government’s own documents highlight that scheme that sets, and expects them to observe, certain 50 per cent of the properties purchased are priced standards of performance in the conduct of their between $100 000 and $200 000. That is a level of profession or other occupation. It may, and is likely to, property, and I know my electorate is not also require them to take out professional or public representative, that you would not get in my electorate. liability insurance. That is the deal or the structure of But that is not the case in many electorates of the proposal. The challenge is how to implement that Melbourne, and the member for Burwood might even proposal, assuming it is decided in public policy terms agree — the member for Burwood would have trouble that in principle it is a worthwhile thing to do. getting a $200 000 property in his electorate. The legislation does this by establishing a Professional The ACTING SPEAKER (Mr Ingram) — Order! Standards Council which will supervise the preparation the honourable member’s time has expired. of such schemes, and is the body that will ultimately Debate adjourned on motion of Mr HOLDING (Minister grant any approval that is required for a proposed for Manufacturing and Export). scheme. The bill says that the council will also ‘assist in the improvement of occupation standards and the Debate adjourned until later this day. protection of consumers’. However, the structure of the bill — and this is crucial to the assessment of it — is that these schemes will operate through professional and other occupational associations. For a professional to attract the benefit of the limitation of liability PROFESSIONAL STANDARDS BILL

Wednesday, 5 November 2003 ASSEMBLY 1541 provided by the bill, they have to be a member of a economic loss only — in other words, the cap will not professional association. apply to liability for claims for death or personal injury. It will also not apply to conduct involving a breach of The bill does not mandate, endorse, or give statutory trust, fraud or dishonesty. preference to one sole designated professional or occupational association in relation to a profession or I should say in relation to this latter qualification that occupation; it is conceivable that there may be more while the reasons for it are understandable, it does raise than one professional or occupational association issues about whether this creates a weakness in the governing a particular field of activity. What is clear is scheme and whether it will create borderline issues that membership of one such association is an essential which may leave consumers or professionals exposed. requirement for a person to attract the benefit of the A scheme under the act can cap liability by reference to limitation on liability. There is a very heavy emphasis insurance arrangements, business assets, a multiple of on the self-regulation of occupations, trades and the fees charged or a combination of all three, but in all professions, rather than government supervision. cases a minimum threshold cap of $500 000 will apply where all claims must be met in full. One can see the practical reasons for that, in that it will be administratively more simple and less costly for The bill provides that a scheme to cap liability may government and perhaps more effective for occupations compel members to insure. Clause 36(1) sets out the to self-regulate than for the government to do so. provision that: However, this also raises the issues of the government’s ultimate responsibility for the protection of consumers An occupational association may require its members to hold insurance against occupational liability. and the administration of the law. It also raises questions about the role, and the incentives to The bill also requires occupational associations to membership, of occupational associations that are develop and adhere to risk management strategies and created in consequence. establish a complaint and disciplinary system.

Although in concept the aim of the legislation is quite As I said, any proposed scheme is to be approved, straightforward, in practice there is an enormous supervised and monitored by the independent amount of detail associated with it. The bill runs to Professional Standards Council. The council will some 46 pages, including the schedules. comprise up to 11 persons appointed by the responsible minister. The council will be a body corporate with the Similar legislation has been introduced in New South full legal capacities of a body corporate. It is intended Wales and Western Australia, and it is expected that that the members appointed to the council will be other states and territories will enact professional identical to those who have been appointed to the standards legislation in a similar fashion to meet the current New South Wales and Western Australian overall aim of producing a nationally consistent councils, with the addition of Victorian membership. It professional standards regime. All jurisdictions, is intended that that will assist in the eventual formation including Victoria, have confirmed their commitment of a single national council comprising members from to this aim. At the same time, in parallel to this each state and territory. At a state level the council will legislation, the commonwealth government is be accountable to the responsible minister. In Victoria it proposing changes to the Trade Practices Act to support will be subject to the operation of the Financial nationally consistent professional standards. Management Act 1994.

The bill provides for a professional standards scheme The council is also going to have overall responsibility for Victoria on a basis consistent with that in New for reporting on and monitoring the operation of South Wales and Western Australia. The main elements professional standards legislation. It is intended that the of the scheme are that members of any occupational council will be fully funded from fees payable to the association may apply on a voluntary basis to be council by an occupational association. I understand covered by a scheme to limit their occupational that there will be an application fee of $5000 and an liability. The scheme may apply to all or to certain annual fee of $35 per member of an occupational classes of its members, business partners, or employees association. It is envisaged, I understand, that in the of any member, subject to certain conditions, or it could initial years there may be a need for some financial also apply to any person specified by regulation. support from the state. Accordingly there is provision in the bill for appropriation of moneys from time to time. The scheme can limit liability by imposing a cap on the level of professional liability damages for pure PROFESSIONAL STANDARDS BILL

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When the council considers a scheme it must publish a associations. It is fair to say that there has not been a notice explaining the nature and significance of the great deal of comment on it from other parties who one proposed scheme, and it must invite comments and would think might have an interest in it, in particular submissions within a specified time. The council is then from ordinary members of professions and other required to consider all comments and submissions occupations. Indeed, one might suspect that they are too made on the scheme and it may conduct public hearings occupied with getting on with running their business, concerning the scheme. On top of that, the council is earning their living and coping with the challenges of required to consider other matters including the nature professional and business life these days to attend to and level of claims made against members, the risk legislation such as this that comes before Parliament. management strategies, the means by which those strategies are intended to be implemented, the cost and A number of key issues need to be considered in availability of insurance, and provisions relating to addressing this legislation. I suppose at the outset the complaint and disciplinary measures. basic question that really ought to be asked is: what effect will this legislation have on the availability and The bill provides that when a scheme is approved by cost of public liability or professional indemnity the council it is to be submitted to the responsible insurance? It is worth making the point that the minister, who must approve it and then gazette it. second-reading speech by the Treasurer is virtually Section 15 and part 5 of the Subordinate Legislation silent on this point. The Treasurer rightly talks about Act 1994 concerning the tabling and disallowance of the increased costs and reduced availability of strategy rules will be applied with relevant professional indemnity insurance and points out that modifications to schemes to ensure that they are subject this is a real issue for occupations and consumers. He to parliamentary scrutiny. Following the publication of talks about recent rises in premium rates found by a a scheme in the Government Gazette, there is a JP Morgan and Deloitte survey and its forecast of future two-month interim period before the scheme premium increases, and he refers to the withdrawal of commences. This is to allow any person who is many insurance companies from the local professional reasonably likely to be affected by the scheme to indemnity insurance market. Well he might talk about challenge in the Supreme Court the validity of the these factors, because we have seen a huge surge in scheme before its commencement. insurance premiums, both professional indemnity and public liability insurance. There are provisions in the bill requiring an occupational association to report annually to the I have to say that in large part this surge in premiums Professional Standards Council concerning a number of has been due to tardiness on the part of the Victorian matters including the implementation and monitoring of government in responding to the public liability and risk management strategies. insurance crisis. It got off to a reasonable start. I should acknowledge in this respect the contribution of the The bill provides that a scheme may operate for up to Leader of the National Party who I think was onto the five years. However, the Professional Standards potential consequences of this public liability and Council retains an overriding discretion to extend, insurance issue at a very early time. revoke or amend an existing scheme. Members of a scheme are required to disclose a limitation of their In response to the announced intention by the Leader of professional liability to a customer or potential the National Party to convene a seminar on the customer and any member who fails to make this insurance crisis, the then Minister for Finance, the disclosure will lose the benefit of capped liability. current Minister for Education and Training, announced There are also statutory penalties for scheme members that she would hold a summit on the subject, to which who breach the provisions of the bill, and a member she invited all and sundry. A number of constructive who fails to comply with obligations imposed under a ideas were put forward at that summit. But true to the scheme may be subject to disciplinary action by his or form of the current state government, it is one thing to her occupational association. That overall is the way the have good ideas talked about, put in minutes and issued bill is structured, and it is the way the legislation is in communiqués; it is another to actually execute them. proposed to work and be administered and operated by the Professional Standards Council. Working groups and committees were set up and sent away with the task of taking these good ideas and As I said at the outset, there is a range of considerations working out what to do about them, and then basically that need to be weighed in assessing the merits of this nothing happened. If it were not for the efforts of legislation. There has certainly been strong support for various people associated with the Municipal it by professional organisations and professional Association of Victoria and the Our Communities PROFESSIONAL STANDARDS BILL

Wednesday, 5 November 2003 ASSEMBLY 1543 group, virtually nothing would have been done for the insurance. That being the case, that is a highly relevant voluntary sector in terms of organising collective factor in assessing the merits of this legislation. coverage for those schemes, even though that was one of the solutions that was put on the record at that very It is also worth making the point that in the structure of first seminar. the scheme there are enormous responsibilities being imposed on the Professional Standards Council. One Indeed it is fair to say that the outgoing Minister for certainly has to hope that it is going to be up to it, Finance gave a real hospital handpass to the new and because to it falls the challenge of forming a view about current Minister for Finance, because virtually nothing the public interest — whether the public interest is had been done during the balance of the term of office being conserved by a particular proposed scheme and of the previous Minister for Finance, and the current whether the scheme is the best possible deal that is minister has also scrambled around and has been left available to the public, or whether conversely what is trying to shut the stable door after the horse has well being proposed unduly restricts liability having regard and truly bolted. Some of the government’s conduct, to the protections and benefits that are to flow to the particularly in rejecting the so-called Mansfield public from it. solution, which was developed after a lot of very careful thought by adventure tourism operators and In some respects the challenge to be faced by the others in the Mansfield district, was deplorable. They Professional Standards Council is similar to that faced developed a draft bill which was very well thought by any economic regulator where it is heavily through and which had some clear and simple dependent for its decisions on information provided to objectives that would have saved many of them from it by one of the industry participants — for example, in being driven out of business. relation to the Essential Services Commission, the information that comes from the electricity or gas That bill was offered to the government; it refused to industry, or in future information that is to come from take it up. The bill was introduced as a private members the water industry. There is a great body of economic bill by the Liberal Party and the government theory about the dynamics of the relationship between disgracefully refused even to allow it to be debated in an industry regulator and the parties that make this house. Yet bit by bit we now see elements of that submissions to it; and there is a great deal of discussion bill trickling into measures that the government is itself about light-handed regulation or the extent to which a introducing months later when it is far too late to save regulator second guesses or micro-manages or many of those who have been forced to close their micro-intervenes or supervises the way in which businesses. industry participants operate.

So the Treasurer was perfectly justified in referring to There are many parallels between the challenges that the increased cost of insurance and the lack of are faced in the economic regulation of industries such availability of insurance. If successive ministers for as electricity and gas on the one hand and, on the other finance had acted on that earlier, the damage would hand, how the Professional Standards Council will have been far less. But what is missing from the bill is administer these schemes, because they will be faced any evaluation of the likely effect of this legislation on with a professional or other occupational association future insurance costs. Having stated the problem, the coming to them urging on them a whole lot of second-reading speech delivered by the Treasurer considerations in favour of the scheme that the simply recites the objectives and provisions of the bill profession has developed, and they are going to have to without making any attempt to explain to the house the assess the costs and benefits of that proposed scheme manner in which it is expected the legislation would largely on their own. There is certainly provision for assist. There has been a distinct lack of reasoning or public submission and other input, but the hard work of argument put to this house on that issue. Hopefully it is assessing the detail of any proposal is going to fall to a lack that the parliamentary secretary might address if the Professional Standards Council, and it is going to and when he speaks on the bill, or that the Treasurer have to make the first line of judgment on behalf of might address in closing the debate. government and on behalf of the public as to what sort of deal or benefit the public is getting out of a proposed The opposition’s understanding from the discussions it scheme. has had with the insurance industry is that while the insurance industry is supportive of the legislation, it is Of course it then comes to the minister, who has to not expecting it to make a great deal of difference to the make the final decision to gazette the scheme. I think availability and cost of professional indemnity the minister is going to be very heavily dependent on the advice that comes to him from the Professional PROFESSIONAL STANDARDS BILL

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Standards Council. So we are going to have to put a lot something that the parliamentary secretary or the of faith in the judgment and abilities of not only the Treasurer will address during the course of debate. board of that council but also the staff of the council who are engaged to assist it, and therefore a great deal Overall the opposition does not oppose the legislation. of reliance on the people whom the Victorian As I said at the outset, there is a difficult balancing of government and other governments choose to appoint considerations when it comes to responding to the to the Professional Standards Council to carry out this public liability, professional indemnity and other task. insurance crises, and there have been good grounds for fear that without some further measures to protect The other crucial issue raised by this bill is the status professionals and other occupations some people may given to professional associations and other be put at grave risk, and we have seen reports of that in occupational associations in the operation of the recent times. There are also grounds for hope that scheme. I referred earlier to some of the considerations setting higher standards will provide better service and that I assume had been in the minds of governments as protection for the public. to why they chose to give such a critical role to professional associations. But a number of questions However, there are many serious question marks over remain unanswered about that role; in particular, why it this legislation. I suspect that its passing and is that a professional or a person in another occupation implementation will be just a first step and that further has to be a member of a professional association in debate and refinement will be needed in the years order to attract the benefit of the cover. ahead.

It would be one thing to give a professional or other Mr RYAN (Leader of the National Party) — This is occupational association a lead role in making a yet another example of how stupid it is for the submission to the Professional Standards Council for a government to impose a time limit of 20 minutes upon standard that would cover all persons in the relevant the contribution of the National’s lead speaker — in occupation or profession, but it is another thing to say this instance, me — to a bill which is of great that it is only members of an occupational association significance. It is convoluted legislation which will who are entitled to the exemption. One can see in have far-reaching consequences. To expect a lead practical terms the argument that if it is a speaker to do an analysis of which the bill is deserving self-regulatory scheme people need to be members of and then comment on it in the time afforded verges on the association in order to come under the professional the ridiculous. I again implore the government to or occupational regulation of that association, but it is a review its position in relation to that issue. very big step, and in some respects a step that could be considered contrary to recent trends — that is, trends One has to ask what difference will the bill make and over the last 15 to 20 years in occupational regulation what investigation was undertaken by the government and national competition policy — to structure the before it was introduced. I pose those questions scheme in a such a way that people must be members rhetorically in the context of comments that have often of the occupational association in order to attract the been made by the Treasurer, but more particularly the benefit of the exemption. Attorney-General, over the last couple of years in relation to public liability insurance. We have had In practical terms it will be difficult for a person in a repeated assertions, particularly from the particular profession or other occupation to continue to Attorney-General, that no legislation would be carry on business unless they are a member of the introduced unless there were seen to be derived benefits relevant occupational association, because they will not in doing so. have a limitation on liability unless they are. It will be difficult for them to find insurance cover as a result. Now we have a bill which on any view is intended to cap the entitlement to damages of people who bring These are some of the important questions that need to actions against those who are the subject of the be considered. Although this scheme has been endorsed protections it affords; yet the bill has been introduced in concept at a national level, it appears to have been a without any of the specific justifications which the decision of state governments to go down this route of Attorney-General trumpeted so often as being drafting the detail of the legislation and the role that has necessary before such things were done. Nevertheless, been given to occupational associations within it. There we have what we have. is a heavy onus on the Victorian government and other governments to justify that role. I hope that is The bill arises from a ministerial meeting in August this year on insurance issues in which all jurisdictions PROFESSIONAL STANDARDS BILL

Wednesday, 5 November 2003 ASSEMBLY 1545 across Australia, federal, state and territories, Indeed, any occupational association as defined in the participated. Template legislation has already been bill may be covered by a scheme which is approved adopted in both New South Wales and Western under the act. Australia, and so it is that the bill is now before us in Victoria. Any of those having the benefit of a scheme have to develop a risk management strategy, and this is all set The Trade Practices Act of 1974 is to be amended by out in clause 46. That strategy has to incorporate such the federal government to accommodate the content of things as codes of practice, codes of ethics, quality the legislation. Those amendments will be necessary management, claims monitoring and review, mediation, because in some elements this legislation flies in the professional education, complaint and disciplinary face of the Trade Practices Act, and thus there will need systems — and there are models set out in the schedule. to be modifications made in that arena. All of those matters are dealt with under clause 46 as being requirements of any scheme. The bill applies only to matters of economic loss. That is to be distinguished from the general discussion which The bill establishes a Professional Standards Council. has occurred on insurance issues over the past two or Each state is appointing a professional standards three years. To put it the other way around, the bill, council, and the same people are being appointed to pursuant to clause 5, specifically does not apply to the that council in each jurisdiction across Australia. With categories of death or personal injury, negligence or the complete implementation of the bill across all other such conduct by a solicitor in the pursuit of jurisdictions there will be a national Professional personal injuries claims, breach of trust or fiduciary Standards Council. Nevertheless the Professional duty, or fraud or dishonesty. Specifically, and as the Standards Council within Victoria remains subject to second-reading speech is at pains to point out, the bill the direction of the minister, who in this instance will certainly has no application to the medical profession. be the Treasurer, and must comply with the Financial Management Act 1994. Under the terms of the legislation, and specifically under clause 28, a minimum cap is imposed under these There are various issues about all of those matters that I proposed schemes. That cap is $500 000. There is no want to come to, but to my reckoning this is the first maximum cap provided for, and when you think it time that this process has been used to establish a through, that is logical. The cap that may be imposed national body of this nature. can vary within occupational groups, and so it is that some solicitors may have a cap of $1.5 million while The role of the council is to supervise the preparation for others it may be set at $50 million. Those matters and approval of schemes by any association and to will be dealt with in the course of the scheme being ensure that all schemes include matters such as the level established. of compulsory professional insurance, risk management and complaint and disciplinary systems, and in the The cap itself can be imposed by a variety of course of its process public submissions are to be mechanisms: by clause 23 it can be established through sought and considered by the council before any insurance arrangements; by clause 24 it can be through schemes are actually established. Any such scheme business assets as they are defined in the bill itself; by which is approved by the council is then referred to the clause 25 it can be through a multiple of a professional minister for approval and gazettal. service fee; and by clause 27 it can be through a combination of all three of those factors. Each of the schemes is approved for an initial period of five years and can be extended for a period of up to one Time is against my going through each of those clauses. year. The schemes come into effect two months after Suffice it to say that they bear careful examination by receiving ministerial approval. Interestingly the members and those who are considering the legislation, structure is voluntary, so the application of the bill is because on first reading they are very convoluted and it not imposed on any profession or occupation; rather, does take a while — in my own case it took a any association can choose to join or establish a considerable amount of time, anyway — to get a scheme. complete understanding of those specific provisions. A scheme can apply to all or certain classes of the The actual application of the bill is not confined to what members of a particular association — in that sense we might term historical service providers such as there can be a mix and match. Anyone who is affected accounting, law and engineering; and indeed clause 19 by a proposed scheme can challenge it in court before it deals with the actual application of those matters. PROFESSIONAL STANDARDS BILL

1546 ASSEMBLY Wednesday, 5 November 2003 is established; those challenges have to go to the variety of other circumstances? How is the expression Victorian Supreme Court. ‘client’ actually determined? It is absolutely imperative to the operation of that component of the scheme. The bill contains three of those dastardly section 85 provisions, about which Labor railed so regularly and The next issue is that the second-reading speech and the vociferously when in opposition. Those three bill itself give very little guidance as to the extent of the provisions are aimed at protecting a given association application of the legislation. There is reference to those and its members in accordance with the limits set out matters in clause 19, which is headed ‘Persons to whom by the scheme, but only in circumstances where notice scheme applies’, but the actual definitions are not clear. has been given to clients of the existence of the scheme. Could an occupational association as defined, which In other words, the provision is intended to stop people may be a body corporate representing an occupational being able to recover any more than the amount of group, which is in turn defined, and which in turn could money set out in the scheme as representing the upper be a professional or trade group — again there are end of the obligation by the participants in that scheme. definitions for all of that — extend to plumbers, That applies, however, only if the member of the gasfitters and builders? scheme has given notification under section 35, I think it is, of their involvement in the scheme. There is nothing in the legislation which precludes the extension of the definitions in that wide way. What is a The second section 85 provision limits the amount of professional group as referred to in the definition of damages payable in any given event. Under the third ‘occupational group’ in clause 4? The government section 85 provision there is protection for any needs to be clearer about the general application of the association or its members responsible for referring a legislation. complaint under section 35 — that is, the failure to give notification of limitation of liability — to the council The next point is that if 11 persons are appointed by the for its attention. That is the essence of the three minister to the council in accordance with clause 43(1), section 85 provisions. and they are to be common across Australia, what is the capacity of a Victorian minister to make appointments There are a number of points I raise for consideration across other jurisdictions? I understand that we are to by the government. I am the first to say I am guilty of nominate two members to the council, but I wonder not having sought a briefing in relation to this, so no about the mechanics of how a Victorian minister is in doubt some of this will be a case of be it on my own effect going to appoint 11 members of the council when head, but these are matters that occurred to me as it is intended that this national council will comprise pertinent as I considered this somewhat complex bill. I people from other jurisdictions. Precisely how is that to do not raise these in any particular order of priority. happen?

The first point is that there is no definition of ‘client’ in The next point is as to whether any transition provisions the bill. It seems to me that the use of the word ‘client’ are contemplated. I raise that issue particularly in the in subclause 2 of clause 30 is very important. The context of clause 35, which talks about notification of subclause says: limitation of liability. This is a very broad provision. Clause 35 requires that persons covered by a scheme A scheme does not limit the liability of a person (the must, and I emphasise ‘must’, incorporate notice of professional) to another person (the client) if, at no stage before the time of the relevant act or omission, did the their participation in all, and I emphasise ‘all’, professional — correspondence ordinarily used in the course of business. What is to happen upon application of this and it goes on to recite certain qualifications. legislation to those businesses and people who are in a scheme and who have accumulated letterheads, The definitions clause of the bill does not refer to the accounts, brochures, forms of accounts rendered — that word ‘client’. Is ‘client’ intended to mean there is an plethora of materials that constitute the way they actual exchange of money for the purchase of services? normally do business? I pose that question because What happens in the event of advice being tendered on there is no doubt that clause 35 is of such broad a basis that does not incorporate any exchange of compass as to have application to all those materials. Is funds? What happens if the advice is given where some it to be the case that on the day this legislation is sort of barter system is in operation, which happens promulgated the people involved have to toss this stuff these days for all sorts of reasons that, I am reluctant to out and then new materials will have to be used? say, are sometimes to do with avoiding taxation of various sorts? What happens in those situations and in a Mr Stensholt interjected. PROFESSIONAL STANDARDS BILL

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Mr RYAN — It is said to me by the member for believe those immunity provisions apply without their Burwood, who is attempting to be constructive as I having any legislative imprimatur. People could readily acknowledge, that there is a two-month time innocently act in accordance with the code in apparent frame between promulgation and when the act applies. reliance upon clause 11 and yet not have immunity at But with due respect to him, there would not be many all. The same applies to clause 8 of schedule 2, which businesses of any significant import which do not have deals with immunity under the provisions relating to more than two months worth of these basic materials members of the council. Without a section 85 stored. We, for example, as members of Parliament as a provision, I suggest there will be no immunity, and that matter of course keep the materials that constitute the issue needs to be addressed. In passing I refer to the running of our offices at a storage level of more than section 85 provisions being included at all, but I have two months of consumption. The question still stands. already made reference to that.

The next point is that clause 35(3) simply does not The model code in schedule 1 allows for conciliation make sense. It states: but does not mention mediation. Is the government intending that it be one and not the other? Are they A person does not commit an offence against sub-section (1) intended to be mutually exclusive? The government if the statement carried on the person’s documents is in the prescribed form. should make sure of that situation before the bill is passed. Hallelujah! In clause 35(1) the necessity for a prescribed form to be used to accommodate the needs The action available to an occupational association after of the clause is outlined, and then it says in 35(3) that a hearing under clause 7 of schedule 1 should include you are not in breach if you use the prescribed form of the capacity for a fine. There are all sorts of other words. You would be pretty irate if you used the mechanisms set out by way of punitive action, but there prescribed form of words and then you were booked by is no mechanism for a fine, and I suggest that that is an the stipes for having done so. I would have thought that obvious way to give this bill better effect. clause 35(3) is intended to read: ‘A person does not commit an offence against sub-section (1) if the Finally, clause 51 should be beefed up by providing for statement on the person’s documents is not in the an annual report. The accountability of the council is prescribed form’. I suggest that should be the wording, referred to in clause 51, but there is no requirement for and I ask the government to have a look at that. an annual report to be tabled. That should be contrasted with clause 58(3), where, believe it or not, the report of Although the bill does not impose the need for a the review of this whole process, which is to occur after scheme on any association, nevertheless any association five years, must be tabled in the Parliament within is entitled by the bill to force its members to hold 12 months of the expiration of that time; but a report on insurance against occupational liability. That occurs the annual performance of the council itself is not to be under clause 36(1). It is like the chicken and egg, but I tabled in the Parliament, and that seems to me to be a wonder to what extent the government has had ridiculous state of affairs. consultation with the groups that are covered by this legislation to get the feedback from members about the Overall the Nationals do not oppose the legislation, but imposition that is contained within clause 36. I ask the government to have regard to the matters that I have raised while the bill is between the houses. The next point is that a committee of association may request an insurer to give any information if needs be. I Mr STENSHOLT (Burwood) — I rise to support say to the government that is meaningless because there the Professional Standards Bill, which is a further is no enforcement provision. All that will happen is that element of the government’s reforms to address insurers will say — as they have for years — that they insurance issues in Victoria and throughout Australia. will not hand over the information because it is private A number of these reforms have been put forward, and and in confidence. The government should have an if I remember rightly this is the third in the series. It enforcement provision such as that in clause 47(2) of comes about because of the rises in the cost of the bill whereby the insurer is required to respond. professional indemnity — certainly over 50 per cent in 2002 — with further rises predicted this year and next I turn now to the section 85 provisions which are set out year. in the model code in schedule 1 and which to me seem unenforceable. The provisions of clause 11 of that The member for Box Hill asked if we could have a bit schedule offer immunity to the people who conduct of a discussion on this. I am quite happy to discuss it, their affairs under the terms of the code. I do not because there has been strong concern over the PROFESSIONAL STANDARDS BILL

1548 ASSEMBLY Wednesday, 5 November 2003 availability of insurance and we know there has been a occupational or professional association may apply on a tightening of the insurance market, with the withdrawal voluntary basis to be covered by a scheme to limit their of some insurers and a lack of reinsurance facilities. liability. The Leader of the National Party was wondering why this was not made obligatory. The This track has been well traversed in terms of the government does not wish to force the obligation of failure of HIH Insurance, the downturn in the share having a scheme which limits liability on all market and international events — particularly those of associations. It is done on a voluntary and elective 11 September — which have led to insurers and basis. This is one of the aspects which has been asked reinsurers reassessing their exposure and the risks they for by the professionals in light of the insurance costs were taking. In Australia and Victoria it has led to a that have been imposed upon them. The scheme can lower availability of insurers and obviously a seeking cover a wide range of people within the profession or by insurers to raise premiums to recover their expected organisation, which is covered in clauses 19, 20 and 21, costs and their losses in particular areas. as was outlined by the Leader of the National Party. Of course it can also be prescribed by regulation. This bill seeks to deal with insurance affordability and availability issues by providing a limited liability within The main provision of the bill is that a scheme may the context of a strong regulatory regime. It aims to limit liability by imposing a cap on the level of ensure strong risk management standards and processes professional liability damages. This relates to pure in this regard. The bill also aims to provide assurances economic loss, because clause 5 cuts out a range of not just to the professionals or organisations and liabilities for damages arising from death or personal associations but also to consumers that professionals in injury, negligence, breach of trust or fiduciary duty or practice are up to the mark and that they have fraud or dishonesty. appropriate cover. In clause 28 the bill also provides that a scheme cannot As has already been mentioned, this is new legislation provide for liability to be less than $500 000. This is which sets down quite extensive grounds for regulation. meant to be a minimum. Following the New South Government members are not too afraid of this. We are Wales experience, I would suggest that there will be quite happy to reassure the member for Box Hill, as he schemes where the minimum may be much higher than seems to need reassurance, that this process and the that. My recollection is that the New South Wales functions of the Professional Standards Council are solicitors proposed a minimum of $1.5 million up to a there to provide improvements in the operation of cap of several tens of millions of dollars. associations and for professional indemnity. Under a scheme members may be compelled to insure The objectives of the bill are covered in clause 3. The against occupational liability. That is because if they are bill enables the creation of schemes to limit the civil members of the association and they want to ensure that liability of professionals and members of occupational a person going along and using the professional associations and groups. It facilitates the improvement services has proper coverage, then they should be of occupational standards of such persons, and that goes compelled to have insurance. That goes hand in hand hand in hand with the purpose of protecting the with appropriate standards. consumers or clients who receive their services. The major mechanism for doing this is the establishment of There are clauses that say the clients must be given the Professional Standards Council to supervise the copies of the insurance details — that is, the cap — and preparation and approval of the schemes and to assist in of course a statement must be made available to the improvement of standards as well as the protection everybody in the way specified in the bill to make sure of consumers and clients. the professionals have the appropriate cover. Associations which are seeking insurance have to This legislation is very much modelled on professional develop risk management strategies and establish a standards legislation in New South Wales and Western complaints and disciplinary system. Australia and follows the recent agreement by state and federal ministers to implement such legislation on a How is this to be regulated? By the establishment of a national basis. The commonwealth government has Professional Standards Council. As specified in agreed to amend the Trade Practices Act to support this clause 46, which goes into quite a lot of detail, its legislation. functions are quite wide. It is meant to be a serious regulator, and I agree with the member for Box Hill and How does the bill propose that associative occupational with the Leader of the National Party that it will have liability schemes will work? Members of an extensive functions. The idea is to make sure that this PROFESSIONAL STANDARDS BILL

Wednesday, 5 November 2003 ASSEMBLY 1549 works across the various professions, ensuring that their The subclause mentions a breach of trust or of fiduciary schemes maintain appropriate standards. It will have a duty. These are probably interchangeable to some wide range of powers to seek submissions on proposed extent, but speaking from my own practical experience schemes, and it can even hold hearings. as a lawyer for a number of years, the most important thing is that it certainly does not apply to a breach of This is so that schemes that come forward will be the fiduciary duty. It would be hard to envisage a lawyer subject of extensive consultation and examination to being able to provide any sort of mechanism whereby ensure that they have suitable strategies in place, they would be covered by the act. By the very essence including risk management strategies, and that of the way a lawyer acts, he or she undertakes a consumers are protected by complaints mechanisms. fiduciary duty on behalf of their client. It is the very There are a number of model codes — for example, nature of the relationship between lawyer and client that schedule 1 provides a complaints and disciplines code, amounts to a fiduciary duty. Fiduciary duty, if I can just so there are quite extensive provisions in the bill to deal loosely define it, essentially means that you act in the with these matters. best interests of your client at all times, even if that means acting to your own detriment. It is good legislation, because it is promoting certainty in the marketplace for professionals and clients alike. It That fiduciary duty can be extended through other mirrors legislation in New South Wales and Western professionals such as doctors, architects or elsewise. Australia, with some minor differences, as has already The most important thing is that it is an exemption been mentioned. Having learnt from experience and which will essentially mean lawyers who are discussion, the government has been able to ensure conducting a practice by offering to serve the best improved provisions in this bill — for example, a interests of their clients even if it means acting to their provision has been added that failure to inform a client own detriment are acting in a fiduciary capacity in that that liability is limited means that the liability cap does way. It certainly needs to be clarified as to whether or not apply in that particular circumstance, and also that not it is intended to cover all actions of every lawyer. the bill does not apply liability for damages arising out The bill seems to indicate that there is a clear of breach of fiduciary duty. These are a couple of extra exemption just in relation to legal practitioners acting in provisions of the bill over and above its complementary relation to medical claims. legislation. I commend the bill to the house. The second concern I have is the ambiguity that appears Mr McINTOSH (Kew) — I shall make a very brief between the second-reading speech, the purpose contribution to debate on the Professional Standards provisions of the bill and the way the scheme is set out. Bill in relation to a couple of matters. Obviously given The most important thing is that it talks about members the short compass of time I will not go into any of a professional or occupational association. That elaborate explanation of what the bill is about. I am sure group can decide it wants to participate in this scheme the house is well familiar with it, following substantial and on behalf of the participants in this scheme can contributions by other members. submit a scheme to council for approval in the way it has been adumbrated elsewhere. The first and one of the most important matters is that it effectively limits liability as long as a person is a From my own personal experience in the legal member of a professional or occupational association or profession, I wonder whether it is absolutely necessary elects to participate in a scheme which adheres to to limit participation in this scheme to members of that proper standards of training and those sorts of matters professional association and occupational group. The as set out in the scheme. In clause 5 the first issue is that legal profession has two registered professional there are a number of exemptions where claims for associations (RPAs) — the Law Institute of Victoria damages are not considered to be covered by the and the Victorian Bar Association. Both of those operation of this bill. organisations are bodies corporate and they undertake the regulation of the profession, not only for their I concur in relation to death or personal injury, or the members but for all members of the profession. Unless negligence arising from the fault of a legal practitioner you specifically apply to be a member or to be covered acting for a client in a personal injuries claim, even in by a particular RPA then you are regulated by that relation to fraud and dishonesty, but paragraph (c) process. causes me some concern. Perhaps the minister could clarify to the house his interpretation of it and explain Those rules and regulations are pretty strict and very how it would apply. detailed. The crucial factor here is that freedom of association is something that I think we all adhere to. ROAD SAFETY (AMENDMENT) BILL

1550 ASSEMBLY Wednesday, 5 November 2003

The legal profession does not require its members in the It is supposed to be debated as no. 4 on the notice broad sense to be members of their professional paper. Before the dinner break it was postponed again associations. The consumer protection requires that because, according to information supplied to me, the they be regulated by a respected professional minister was not available at the time and could not be association, and it is unfortunate that we have limited present in the house until after the break. We now find the operation of this scheme to members and not that he is amending the legislation again. So we have merely people who are associated with or regulated by two amendments, neither of which the opposition has a professional association. For all sorts of reasons they had any chance to look at or consider. It is a may elect not to be a member of that professional continuation of the sloppy administration and running association but are regulated by that professional of the house we have seen over the last two weeks, association in a very detailed way in relation to trust particularly in relation to these two pieces of legislation. accounts and ethical standards. The minister has shown an absolutely appalling lack of regard for the opposition and others who have shown Those are very detailed matters, and I would hope that interest in this bill. ‘members’ will not be defined as paid-up, full card-carrying members of an association but perhaps The Road Safety (Amendment) Bill covers a number of people who are regulated by professional associations if issues. The main issue, and the point of the legislation, they choose to participate in the scheme. is the introduction of point-to-point speed cameras. The bill also amends the owner onus for speed camera fines, Those two matters and those two queries I ask the reduces the written-off vehicle registration fraud and government to clarify in the ambit of this debate. changes drink-driver provisions of the Road Safety Act 1986. Debate adjourned on motion of Mr LONEY (Lara). One of the issues of interest in relation to the legislation Debate adjourned until later this day. is point-to-point speed cameras, which are proving to Sitting suspended 6.31 p.m. until 8.02 p.m. be very contentious and could result in a motorist travelling at an average speed of 115 kilometres per hour between, say, Craigieburn and Wodonga, ROAD SAFETY (AMENDMENT) BILL incurring $600 in fines. This issue was raised when the Minister for Transport launched the point-to-point Second reading speed cameras on the Hume Freeway. If you ever wanted to see a circus, you should have been at that Debate resumed from 9 October; motion of Mr BATCHELOR (Minister for Transport). press conference. The minister, when speaking on the point-to-point speed cameras, indicated that a motorist Government amendments circulated by travelling on that section of freeway could incur Mr BATCHELOR (Minister for Transport) pursuant to multiple fines. Following the minister’s contribution a sessional orders. representative from the Victorian police force got up and said that that was not correct and that the police Independent amendment circulated by Mr SAVAGE would have discretion in relation to the number of fines (Mildura) pursuant to sessional orders. a motorist received along the Hume Freeway where the Mr MULDER (Polwarth) — Can I say from the point-to-point speed cameras were going to be installed. outset what a shemozzle this is; what an absolute mess! Following that we had the greatest clown act of all time Two sets of amendments have just been circulated. when the injury-prone Minister for Police and About 10 minutes before the dinner break the Emergency Services got up after he was asked about opposition was made aware of one set, and I understand the point-to-point speed cameras and said that this is the other amendment was the subject of a question put just like a shoplifter in a department store who goes to the minister by the member for Mildura last week. from department to department knocking off goods and Last week this bill was set down as part of the being charged for each item that they have illegally government business program. People who showed a collected. great deal of interest in the bill turned up to listen to the You can understand the confusion that reigned in the debate, but they turned up for nothing because the community regarding the government’s hopeless minister withdrew the legislation from the business attempt to sell the point-to-point speed cameras to the program. The legislation is now being brought on people of Victoria. In fact it could be argued strongly today. that the problem with this flawed legislation we are ROAD SAFETY (AMENDMENT) BILL

Wednesday, 5 November 2003 ASSEMBLY 1551 dealing with tonight with last-minute amendments thought at that point it would have raised alarm bells being circulated is that speed kills — in other words, right through the process of the accreditation, the the government has rushed legislation into this house maintenance, the certification and the calibration of the once again, the whole idea being to sell the equipment that operates on the Western Ring Road. But point-to-point speed cameras, and it is legislation that is it took of the order of seven months for that camera no doubt being pushed strongly by Treasury. At the finally to be checked and to reveal that it was faulty. same time other important issues have been overlooked, and at the last minute we have these amendments This brings into question the speed at which the coming into the house. government is implementing new technology, including new speed cameras, into the state. The Victorian public That is not good enough. You people have committees, is becoming somewhat concerned about the accuracy of you have cabinet — — that equipment. Motorists would have experienced many situations like the one I mentioned on the Mr Nardella interjected. Western Ring Road. It creates a massive public relations nightmare for the government because it has The ACTING SPEAKER (Mr Kotsiras) — been selling speed cameras as road safety devices when Order! The member for Polwarth, through the Chair. the general public and also the opposition know that The member for Melton! they are all simply about revenue raising. That has Mr MULDER — Why didn’t a fool like the always been in the back of my mind. With the issue of member for Melton pick it up? He would have been inspection, testing, calibration and certification of this involved in these discussions, and here he is sitting up particular equipment, how long would it be until there shooting his mouth off at the last minute while the something failed? bill before the Parliament is obviously flawed. Believe it or not, in the same week the Minister for Another issue we will be dealing with, and which I will Police and Emergency Services failed to explain to the talk on, is the recognition of other states’ written-off house some of the issues surrounding government vehicle registers and reducing the number of people contracts with private companies. Unless the Victorian who can appeal against the inclusion of a written-off public has absolute confidence in the accuracy of a vehicle on the register. This is welcome, but it still does device that operates with a very small margin of not deal with the major problem we have had in this error — something of the order of 3 kilometres or regard, and that is the Vicroads fraud. 3 per cent — then you have a major problem on your hands. The bill also deals with clarification of the requirement to stop at a breath-testing station until directed to move With the camera on the Western Ring Road it may well on. Obviously this has been a source of contention in have been the case that a number of motorists have not cases where police have directed motorists to pull up at just been fined, but that some of them may have lost a breath-testing station. The motorist has put the brakes their licences and lost their jobs. It is inappropriate for on, but the minute they put the brakes on and stop they the police to come out and make statements like ‘We decide to move on again. Technical changes to the will look at them on a case-by-case basis’. When you breath-analysing instruments used by police are also know the camera has been malfunctioning over a addressed in the legislation. This as I understand it is period of seven months how can you say that perhaps related to one of the amendments that the government is we will look at them on a case-by-case basis? Clearly going to introduce. The legislation also deals with what needs to happen is that no-one should be penalised owner onus for trailers photographed from the rear by for that period if the police know that the camera has speed cameras, but there is no explanation of why been faulty. I do not understand how the police can photos are such a problem with respect to motorcycles. expect to convince the public that they can work out whose infringement notice was correct and whose I want to touch on one issue in relation to the first point infringement notice was not correct. that I raised, the point-to-point speed camera. Recently it was revealed that one of the cameras operating on the In addition to the issue of the accuracy of speed Western Ring Road could have been faulty for anything cameras, the Minister for Police and Emergency up to seven months. About seven months ago a young Services recently gave a response in the house about lady driving an old Datsun 120Y was clocked at doing amendments to the contracts. Throughout the whole almost 160 kilometres an hour. After that vehicle was week he gloated on radio, on television and in the print taken away and road-tested it was indicated that it had media about the fact that these were all about the no hope of travelling at that speed. You would have previous Kennett government contracts, when in fact ROAD SAFETY (AMENDMENT) BILL

1552 ASSEMBLY Wednesday, 5 November 2003 we have found out since then that the minister rewrote contracts it realised the protocols had the potential to cut the contracts with the private operators who operate the revenue — — speed cameras in this state. What he has done with the Tenix contracts is double the bonus payments. He Ms Beattie interjected. created a bounty-hunting situation, doubled the bonus payments and made significant other changes and The ACTING SPEAKER (Mr Kotsiras) — alterations to the contracts. Again it is an indication that Order! The member for Yuroke will have her turn. this whole issue is about, firstly, lining the coffers of Mr MULDER — It realised the protocols had the Treasury with dollars out of the pockets of Victorian potential to stop the government from moving down the motorists, and secondly, the minister creating windfall path of making money out of operating speed cameras. gains for the private operators. The original protocols were designed so that the speed I have said all along that there is never anything wrong camera operations would have the full support of the with speed camera operations provided the revenue is Victorian community. Up until the change of used for road safety measures. There was never a government, when the Bracks Labor government got problem with the contracts when they were in the hands hold of them, speed cameras had that support. There of the previous government. The problems with the was not the contention there is now, and there were not contracts came about when the Minister for Police and people in the community upset about the way they were Emergency Services and the Treasurer realised their being put in place and operated. potential to keep the Victorian government’s budget in In relation to the placement and operation of speed the black. That is all it is about. That is why all those cameras, the original protocols provided that they be changes have been made, and that is why the Minister placed in spots where there was a history of motorists for Police and Emergency Services had to make his being at risk of having or having had serious collisions. way into the house this week and apologise for misleading the Parliament, the Victorian public and the Mr Nardella — That’s right. media. He hid all week on this particular issue. He knew that he was wrong and that what he failed to do Mr MULDER — They were not to be put on was detail to the house the changes he had made to downhill gradients. Do you agree with that? Would you those contracts. like to see where they are now?

I have been in this place for only four years, but I know The ACTING SPEAKER (Mr Kotsiras) — he is a very hard person to get to sit down once he gets Order! The member, through the Chair. to his feet. He may have created history, because when he misled the house on the contracts for speed cameras Mr MULDER — They were not to be put within he was not asked a question about the contracts. But he 300 metres of the bottom of a hill unless there was a could not help himself — he had to blurt out to the record of collisions. They were not to be put within Parliament what he thought was relevant information, 200 metres of a change in speed zones. They were not and in blurting it out he misled the house. He has to to restrict the free flow of traffic in peak periods or to learn, when he is discussing issues, to move to the issue be used where they would cause the flow of traffic to that is relevant to the question that has been asked and slow beneath the posted speed limit. Under no to sit down when he has said enough. He went too far, circumstances were speed cameras to be hidden by and he shot himself in the foot. branches, signs or lampposts or to generate a public perception of sly operations. The other issue that I raise in relation to the point-to-point speed cameras is the government’s Last week a speed camera was identified sitting on the position on the protocols that were in place for their back of a cattle truck so that no-one could see it was operation throughout the state. Once again, we did not there. If you listen to any of the talkback radio have a problem with the speed cameras, and we would programs in the morning, you will hear people talking not have a problem with point-to-point cameras if they about speed cameras sitting at the bottoms of hills, on were used as a road safety mechanism. Back in 1992–93 bends or within a couple of hundred metres of the eminent road safety experts, the Royal Automobile Club bottoms of hills. of Victoria, the police and the government were Mr Nardella interjected. involved in developing a set of protocols for the operation of speed cameras in the state. When the Mr MULDER — That is what has the public so Bracks Labor government got hold of the speed camera upset about the way you are using speed cameras. The ROAD SAFETY (AMENDMENT) BILL

Wednesday, 5 November 2003 ASSEMBLY 1553

Bracks Labor government is using them wholly and when it was reported in the Herald Sun that something solely, purely and simply, to gain revenue. of the order of 3500 motor vehicles had been caught up in a Vicroads scam in which those vehicles were being I also raise an issue about the new point-to-point speed illegally registered. At the time a number of media cameras and trucks on the Hume Highway that shows reports claimed that Vicroads had said it would fully something about the Bracks Labor government. At one compensate owners who bought cars its staff had of the briefings we had, the issue was raised of trucks registered illegally. The issue of whether you are going weighing more than 12 tonnes and coaches weighing to pay and how you pay certainly comes in here, more than 5 tonnes being legally limited to because we now understand that there has only been 100 kilometres per hour in Victoria, including on the compensation of $600 000 paid in respect of 31 cars at Hume Highway. this time, and a major class action is now being launched against Vicroads. We asked the question as to whether the technology was capable of identifying those vehicles, and we were That gets back to the point of why, when Vicroads went told no. Can I tell you that within seven days of putting down the pathway of announcing that it was prepared out a press release on this issue I got one of the few to work with the community and with people who had responses that I have ever had from a minister — been caught up in this scam, it would then do an probably the only response — on issues I have raised at about-face. One of the real reasons behind that and one a briefing on a bill clarifying that that information was of the determining factors is in its annual report. wrong. I am not sure whether the minister is right at this Vicroads posted a loss this year, as did most time or whether the information we were given at the government departments. Vicroads posted a loss of briefing was right, but clearly the minister and the something of the order of $34 million. The issue is: if department are at loggerheads as to who was right and you have not got it how are you going to hand it out? who was wrong on whether a large truck or a bus can That is what it gets back to. speed through those particular points and not be detected. A number of people were caught up in this scam. Young people who had bought their first car had the Once again it brings into focus that we are talking about police turn up and tell them it was a stolen vehicle, and new technology. We have already seen the point on the had the car loaded on to a truck and dragged away. And Western Ring Road where we had a technology failure. as one gentleman put it, ‘I was too embarrassed to tell You would want to be 100 per cent sure when my friends and neighbours what had happened’. introducing this new technology that when you go to Clearly these people were caught up in a scam whereby the point of introducing legislation into Parliament it the rebirthing of stolen vehicles had taken place. Those was foolproof. It has to be foolproof. Even the member vehicles would never have been registered unless for Melton has to be able to work that out! That brings Vicroads staff were taking money from people who into play a real concern that the Victorian public has were producing these stolen vehicles and asking for about the speed with which these cameras have been them to be registered. put into place and whether they are technologically foolproof. There have been attempts with this legislation, albeit too late, to deal with that. The written-off register will Once again a question was asked in the house today now recognise written-of registers in other states. I about the contract that I referred the minister to — the understand Western Australia is still to come on board, contract that the minister signed off with Tenix for the but it is working towards producing its own written-off provision of camera services in the state. The minister register. The amendment before us today will ensure was asked whether he was aware that a company that is that where a vehicle is a statutory write-off the only in financial difficulty at the moment is supplying the person who will be able to appeal to Vicroads to have warranty and maintenance on those particular cameras? that vehicle removed from the register will be the The minister obviously did not know; he did not have a owner and their domestic partner or spouse. clue. He bounced off onto a whole host of other issues but did not have a clue that Tenix was involved in the The owner of the vehicle, their domestic partner or issue I raised. spouse can appeal to Vicroads to have a vehicle removed from the register. In the past any other person I move on to another issue to do with the government could go and buy a statutory write-off, bring it back to and its commitment to the people of Victoria. It goes to Vicroads and, as I understand it, under the legislation the recognition of other states’ written-off vehicle Vicroads was obliged to recognise that vehicle in its registers. This matter was raised very early in the year current state and, if the vehicle looked roadworthy and ROAD SAFETY (AMENDMENT) BILL

1554 ASSEMBLY Wednesday, 5 November 2003 it was presented in the right fashion to be registered, the place and another, having some difficulty in their appeal was upheld. Those people could then register record keeping to ensure they can identify who was what in many cases was a stolen vehicle. towing a trailer at a particular time of the year. It will create some degree of work for them in this regard. The legislation will circumnavigate that to a certain degree, but you always think in the back of your mind, One other issue that I will touch on, and I believe to be ‘Okay, you have outsmarted the sharpies with this the subject of one of the amendments, is in relation to particular piece of legislation’, but perhaps there is still technical changes to breath-analysing instruments used an opportunity for somebody who has a very expensive by the Victoria Police. In the past the instruments write-off to approach a particular person and say, ‘I registered 0.05 as a blood alcohol reading. To bring this have got a vehicle. I think we can do very well out of legislation into line with the commonwealth’s the this. Appeal it. We will go through the process of readings will now be recorded as breath readings, not re-registering a stolen vehicle’. blood readings. But, as I understand it, in its haste to get this legislation into the Parliament the government I am not talking about the general population. Not actually overlooked the effect on other authorities that everybody is going to go down that path. What I am would be covered by it. At the last minute it is saying in this particular case is it still offers an amending the bill to ensure that all parties, groups and opportunity for a person with the entrepreneurial organisations caught up in this legislation will not be flavour, and if there was enough money in it, to able to escape their responsibilities. circumnavigate that system and still end up with somebody who had a stolen vehicle. As I say, there are a number of issues in relation to the legislation. I will not foreshadow those, other than to As I say, it is very disappointing for motorists to be led refer to the rate at which the government has gone down the path by Vicroads saying, ‘If you are caught down the path of banging through legislation to up in the scam, we will ensure you are compensated’, accommodate speed cameras, and with this issue, but, as we see it doing now, setting the proof high-jump point-to-point speed cameras — speed kills, Treasurer, bar to such a degree that a lot of the people who have if you are out there listening. been caught up in the scam have had to go to a firm of Labor solicitors — Slater and Gordon, of all people — This is all about Treasury; in fact, you could almost say for help in sorting out their mess. We wait with bated this bill has been introduced by Treasury. It is about breath to see how Slater and Gordon go suing Vicroads dealing with Labor’s appalling financial management in relation to the number of people who have been of the state. It is about dealing with propping up their caught up in this particular scam. budget. It is about the fact that when they came to government the state had something of the order The other issue I touch on is the owner onus for trailers of $98 million in revenue from speeding fines in the photographed from the rear by speed cameras. In the state. It is about the fact that — — past there has been an issue with trucks and trailers that have been photographed in that way. This legislation Mr Nardella interjected. ensures that the owner onus provisions come on board, whereby the owner of that trailer now has the The ACTING SPEAKER (Mr Kotsiras) — opportunity to nominate the driver of the vehicle who Order! While I appreciate the member might have was towing the trailer to ensure that the driver wears the enjoyed the hospitality in Queen’s Hall, I ask him to full brunt of the law in relation to their obligation to pay please be quiet. if they incur a speed infringement. Mr MULDER — It is about the fact that in its As we have said all along, the Liberal Party supports budget documents tabled this year this government the use of speed cameras where they are used as a road details that it will take $427 million from fines. Without safety mechanism, but it has a great deal of difficulty that money, without that revenue, where would it be? It with the government, as has been proven time and time would be absolutely in the red. In one of the most again, using them purely to raise revenue. buoyant periods in the Australian economy, we have a Labor government relying wholly and solely on speed I suppose one particular organisation or group of camera revenue to prop up the budget. If it were not for organisations that will have some difficulty with this speed camera revenue, it would be gone for all money. particular legislation is the vehicle hire companies. I It would be something of the order of $350 million can imagine the hire companies, and also the livestock down the gurgler, per year, on what it was on the carriers who move vehicles and trailers between one change of government. ROAD SAFETY (AMENDMENT) BILL

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This legislation once again highlights the indisputable is his government that brings in bills with these fact that this government is drunk on speed camera mistakes. revenue. It has the intravenous drip in, no-one can pull it out, and it cannot and will never survive without it. It Mr Nardella interjected. cannot manage the state’s economy. As much as I say there are elements of this legislation that the opposition Mr WALSH — If you are proud of mistakes, if you is prepared to support, there are elements of it that have are proud of poor quality control — — serious question marks against them. The ACTING SPEAKER (Mr Kotsiras) — I believe its haste to get speed camera revenue pouring Order! The member for Swan Hill, through the Chair. into the state government coffers will in the end be the And I have asked the member for Melton to stop downfall of this government, because once again the interjecting. issue of the balance of the technology has proven in the Mr WALSH — Through the Chair, to the member last couple of weeks that there are real problems there. for Melton: if he is happy with the quality control on We would hate to think that at some stage down the line the bills that come in here, it is a sad day for democracy we may find ourselves in a position where thousands in Victoria. and thousands of Victorian motorists who have had infringement notices issued against them have lost Fancy the member for Melton sitting up there laughing licences and lost jobs simply because of the haste with and joking about the fact that he is happy we have poor which this government has pushed through legislation quality control on a bill that a minister brings in! The which is purely and simply about revenue raising. challenge is to make sure that we get bills into this house that are drafted properly before we start. Mr WALSH (Swan Hill) — It is a sad day. Again we are here with legislation that has had some The bill makes a number of changes. It strengthens the last-minute changes being made to it because of sloppy operation of the issues around written-off vehicles; it drafting. We have a very sloppy minister. If the changes the way the breath-analysing equipment minister cannot do his job, perhaps his parliamentary measures are done because of changes in technology; it secretary, who is in the chamber now, should act as amends the circumstances around traffic camera quality control here. offences and brings in the issue of point-to-point cameras, which the National Party has some concerns How many times have we come into this place and with; and it brings into place the issue of making sure debated legislation with mistakes in it because of poor that offences in other states are linked to motor vehicles drafting? The last time I was speaking on an here in Victoria. agricultural bill the minister quickly blamed the parliamentary draftsman. That is unfortunate, because The previous speaker touched on some of the issues the quality control and the responsibility rest with the around the rebirthing of cars, which has been a problem minister. The minister brings legislation into this house, in Vicroads and still have not been sorted out. My and the minister has to be responsible for the quality of understanding is that the rebirthing of cars is something that legislation and tick off on what is in there. like a $75 million a year industry in Australia, which is a cost to the community. Anyone who has ever been It is easy to blame someone else. If ministers are unfortunate enough to buy a rebirthed car and been constantly going to do this, perhaps I could put the caught out has found it has had a huge impact on them challenge to the parliamentary secretary. Perhaps he personally. needs to act as quality control for his minister to make sure that bills that are brought in here have been drafted Around 33 000 vehicles are stolen each year in correctly so that we can deal with them and can go and Victoria, and if people did not have an outlet for those consult with the community armed with the full facts cars — if they did not have someone who bought stolen instead of consulting on what is going on but then cars or stolen parts — I imagine the incidence of stolen finding at the last minute that more changes are coming vehicles would drop significantly. There is a huge trade in here. in buying parts and rebirthing vehicles — buying wrecks and using the numbers to re-register and sell Mr Nardella interjected. them to unsuspecting people. The bill implements some Mr WALSH — It is all very well for the member nationally agreed principles on that and puts in place for Melton to sit up there and heckle all the time, but it some consistency between states, which we all welcome. It might be fine to have a good system here in Victoria, but if we do not have it linked to other states it ROAD SAFETY (AMENDMENT) BILL

1556 ASSEMBLY Wednesday, 5 November 2003 is very easy for people to take cars interstate and trade The legislation introduces changes to the Road Safety them in the future. Act 1986, the Transport Act 1983 and the Marine Act 1988 to bring the new standards and technology into There are a couple of issues here around statutory line with the current legislation. write-offs and repairable write-offs. The National Party’s view is that it is a movement in the right Issues regarding owner onus are important for the direction but that we need to make sure that this is right. future. Previously, as was explained at the briefing, When I stand up and speak on these types of bills and there were difficulties with linking the numberplates of see last-minute changes being brought in, I always the trailers photographed by speed cameras with the question whether we have actually got it right for the numberplates of the cars or prime movers they were future. It is a matter of faith in the National Party that attached to, and that was particularly so for heavy we make sure ministers bring in bills that mean what trailers attached to semitrailers. The legislation puts the they say so we do not find in the future that we are onus on the owner of the semitrailer if their trailer can stuck with unintended outcomes. It is important that we be linked to an offence by a speed camera. Unless the have these provisions, and the National Party does owner of that semitrailer indicates who was driving the support them. Despite what the member for Melton semitrailer, then the fine will be issued against the might think, we are about good policy. We need to owner. make sure that written-off vehicles stay written off — that they are not rebirthed and bought by some The onus of proof has relevant issues for the transport unsuspecting person in the future. industry. We must take into account the significant costs and record-keeping requirements such measures It is important that a public relations campaign should will impose on the industry, which need to be balanced follow the passage of the legislation so that people against the benefits to society. This bill is what I call know they can easily check whether a car has or has not trust-me legislation. We are being asked to trust that the been rebirthed, that its registration and vehicle good will outweigh the cost to industry, which as I said identification numbers match up and that they are not is something we need to be careful about. The transport buying a lemon for the future. industry will have to keep good records of who is pulling what trailers on which routes to ensure that the On the issue of breath testing, this bill makes some fines are appropriated to the right people. substantial changes to a number of pieces of legislation, which is very much about bringing into effect changes The other issue is the relevance of the onus of proof to in technology that have overrun events, I suppose for the hire car industry. There have been issues over time want of a better term, since breath testing was brought with e-tags and hire cars where somebody hires a car at in. The national standards have changed, and there are the airport and drives into Melbourne. It is about who is amendments to allow the use of the number of grams of driving and who has or does not have an e-tag. Again alcohol in 210 litres of exhaled breath. I imagine we must ensure that the benefit outweighs the cost to 210 litres of exhaled breath is quite a bit of hot air; there the industry. are probably quite a few members around this place, including the member for Melton, who could easily The second-reading speech no longer talks about speed find 210 litres of breath. This is very much legislation cameras, but on numerous occasions it talks about about bringing today’s technology and the legislation safety cameras. Many people, kindly or unkindly, are into line with each other. calling them revenue cameras.

An amendment I find interesting relates to stopping at a Mr Trezise interjected. breath-testing station — that is, the requirement that a driver stop and remain stopped until a member of the Mr WALSH — There is an important issue to do police on duty at the station indicates the driver can with defining whether they are revenue cameras, speed proceed. There must have been an issue with people cameras or safety cameras. stopping and then driving off before they were tested. I Mr Trezise — Do they save lives — yes or no? must admit that with the number of kilometres I travel as a local member I have been breath tested more times Mr WALSH — The key is where you spend the than I care to remember. To think that someone would revenue. If they are safety cameras and the revenue actually stop and then drive off without being tested I from them is — — find rather strange, but obviously some people were doing that. Mr Carli — It is a different issue. ROAD SAFETY (AMENDMENT) BILL

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Mr WALSH — No, it is not a different issue. The Mr WALSH — You should spend the money on key distinction with the definition of cameras is where safety instead of propping up your ailing budget — then the revenue is spent. If the money from them goes into people might take it more seriously. consolidated revenue to prop up the budget, then they are very much revenue cameras. If the money from I come to the issue of point-to-point cameras. This is a them goes into road safety, then there is no clear budget doozey! About four or five gantries are going to be line that says ‘Money in’ or ‘Money out’. placed across the Hume Highway between Melbourne and Wodonga, but I can see no detail in the legislation Mr Nardella — Have you read the budget? that says how people will be fined. If they speed from Melbourne to Wodonga, will they be fined between Mr WALSH — I have read the budget — have station 1 and station 2, and then station 2 and station 3, you? How the money is spent determines in people’s then station 4 and station 5? Or will they be fined over minds whether they are revenue cameras or safety the whole distance? cameras. A pet topic of mine in my electorate — of which I have spoken a few times — is the driving Will they pick up 1 point or 3 points at every station? school in Charlton, which is an excellent facility for Could someone actually end up driving from senior high school students who wish to obtain some Melbourne to Wodonga at not excessive speed, but still skills before they start driving on the roads as learners. speeding, and find that they have lost their licence? We constantly have a battle to get government funding for that excellent facility. From memory, approximately Mr Trezise — Rubbish! Read the legislation. 1200 students from something like 32 schools go through that facility each year, yet this government will Mr WALSH — I have read the legislation, and it not fund a lousy $30 000 a year to help keep that does not articulate that point. Once again it is trust-me facility going. legislation. The government says, ‘Bring it in and trust us to make it right’. It does not explain how these If these are safety cameras, how about the government gantries will work and whether the people will be fined dipping into its pocket and putting a little bit of money between stations or over the lot. It is very much up in towards this preventive measure? Last time I spoke on the air, and people do not know how it will work. this issue in the house I worked out that it would take 10 minutes worth of speed camera revenue in this state When legislation is introduced we need to ensure that, to give that driving school the money it needs to keep firstly, it will work; secondly, that it is actually good for going. the community; and thirdly, that it can be enforced. It does not set out clearly how it will work, so we have to On the issue of black spot funding, if the cameras are be very mindful of the fact that this legislation does not there to raise revenue for safety, let us spend some of have behind it the detail of how it will work. that money on black spot cameras. If they are there to save lives, why do we not place these cameras in I move to the issue of heavy vehicles and the ‘three positions where there is a history of accidents? strikes and you’re out’ rule. This legislation is good because it provides that fines imposed and offences Mr Nardella — We do — the Hume Highway! committed in other jurisdictions and states will be linked to registrations in Victoria. It is also good that Mr WALSH — Now we have speed cameras on the those strikes will stay against that transport vehicle until West Gate Bridge: how many accidents or fatalities it is sold to an independent third party or people write have there been on the West Gate Bridge? off those offences. They cannot be wiped out by a bogus transfer of that vehicle to a domestic partner or Mr Nardella — About five in the last four years. related body corporate or whatever. But we need to ensure that the cost to business of doing all that does Mr WALSH — My understanding is that that is not not outweigh the benefit to the community. correct. They are very much revenue cameras, not safety cameras. If you want safety cameras, put them On the issue of calculation of demerit points, apparently where the accidents are and spend the revenue on road in the past there has been a problem for people who safety. hold a full licence in one category and a learners permit in another category. If for some reason they build up Mr Trezise — You should support them! 5 demerit points in the learner category, they lose their licence in the full category. It is important to note that this bill actually corrects that deficiency in the legislation. For example, if someone has a full car ROAD SAFETY (AMENDMENT) BILL

1558 ASSEMBLY Wednesday, 5 November 2003 licence and has bought a motor bike and got a motor An honourable member interjected. bike learners permit, they will not find that they have clocked up 5 points and lost their licence; they can keep Mr SAVAGE — I am corrected; it was seven their licence. months. I believe none of those notices should have gone on to the PERIN court, and I know they would There are some other consequential amendments in the have for those who did not pay. The whole lot should legislation. As I said when I started, it is very have been withdrawn, because this calls into question disappointing that when complex legislation that has the whole credibility of the traffic camera process, and amendments to quite a few different acts comes into the that is something we should never jeopardise. house we do not get the drafting right in the first place. I do not think it is too much to ask either the minister or There is $57 million in statutory revenue from camera his parliamentary secretary to make sure that the bills fines annually. That is a lot of money being collected we get in this house are correctly drafted and that we do by the government, and it must be collected fairly. not get last-minute changes brought in at very short People need the opportunity to have the notice given to notice after we have already consulted extensively with them. I will give you an example of where section 93 is industry. not working properly. A constituent who came to me had three fines build up at the PERIN court, and he was In finishing I would like to go back to this issue of not aware of it until the sheriff knocked on his door, revenue cameras versus speed cameras. I would be because the traffic camera office did not send the fines interested in the parliamentary secretary’s response — to his postal address. Many people in country Victoria, no doubt when he follows me shortly — to my honest like me, do not have a residential postal address; the belief that the test for whether they are revenue cameras postman does not come past, so you rely on a post or speed cameras is where the money is spent. If the office box. government is fair dinkum about making these safety cameras, it should spend the money, show us where it is I have a print from the camera office which says it sent spending it and put in place some accounting systems this notice to the corner of Fern Avenue and Cureton so that the general public can see that this is not just a Avenue, which is not a mailing address. And when you sham to raise money for the budget. The government look further down you see that it says ‘correspondence should spend the money on further safety, show us the not sent’, because it came back. This matter went to the income it is getting and show us where it is spending it PERIN court. Some two years later the question is who to help safety instead of just propping up the budget was driving the car. The owner has had to pay $7.20 for because this government is not good at managing each film to find out who was driving the car. Whose money. points have been deducted? His, because the car is registered in his name and his family drives the vehicle. Mr SAVAGE (Mildura) — I rise to support the bill. I had a long career in the police force which has The other component that comes into this is that, if on convinced me that road safety is an important issue. one occasion the vehicle is not registered, every time Some of the measures that have been introduced by this the camera photographs you and you are not aware of government and the previous government have had a it, there is a multiple fine because of registration. That very significant impact upon the road toll. is an issue that needs to be looked at with cameras on the Hume Highway. If you travel the distance of the However, I have some concerns about the current Hume Highway and you exceed the speed limit, fair system in relation to speed cameras. When it comes to enough you have to wear the tickets, but it is not fair to the service of notices, the legislation has a couple of wear an unregistered vehicle fine every time you pass flaws. If we are going to make sure that people are that battery of cameras. When the police stop you and responsible on the highways, we have to make sure issue you with a ticket you know about it, you pay that they are in a position to receive that notice and the ticket and stop doing it. On this occasion that will not courtesy note and have the opportunity to pay the fine. I be the case. am afraid that many country motorists, under the provisions of section 93 of the Road Safety Act, do not I have been told that I am wrong, that the Vicroads have that opportunity. database is applied in a way that makes sure people get the opportunity to pay the fine. I wrote to the traffic This is compounded, I believe, by the issue of the camera office complaining about this, and I will just traffic camera on the Western Ring Road that was read from paragraph 5 of the letter I got back. This is malfunctioning for three months. signed by David Richardson, chief inspector at the traffic camera office, and is dated 25 August: ROAD SAFETY (AMENDMENT) BILL

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All penalty notices are sent to the owner of the vehicle at the We need to make sure the system is working. I am residential address shown on the Vicroads database. This is in happy to support every measure for road safety. I am compliance with section 93 of the Road Safety Act 1986. happy to back to the hilt everything we do that makes it So let us move on from this statement that has been safer for me and my family, and everybody’s family, on hawked by Victoria Police, that they use all measures to the roads. But we have to make sure that this traffic ensure that a person has their notices. Incorrect! The camera system is working in a fair way. I know that camera office relies strictly on a residential address, and Vicroads has said the alternative database stream is as I have said, there are thousands of people out there, being used, but it is not being applied by the traffic including me, who do not have a residential postal camera office, as is clearly written by Chief Inspector address. It is a database entry post office box, roadside Richardson. mail box or whatever. The other issue we need to consider is that it is a very The amendment I have proposed would change simple amendment. It is not something that is very section 93 to include a postal address reference. difficult, and if the government does not want to adopt Subsection 93(d), which says ‘if the person has given to this amendment, it needs to put some executive the Corporation as his or her address’, would be deleted instructions into the system that will make sure all because it is a confusing reference that is obviously not database sources are utilised. This would be pending a applied by the traffic camera office, Civic Compliance review of the system so that the amendment would Victoria or the City Link Authority. What compounds apply on a different occasion. But on this occasion I this is that 300 written complaints are made every day believe we can deal with all the notices that are issued to the PERIN court. It should be a warning sign to through the Traffic Camera Office in a very simple way everybody in this place that there is something wrong that is fair for everybody. The longer we leave this and with the PERIN court system if 300 people are writing do not adopt a reasonable attitude, the more people will to it every day. It takes a lot for people to write letters. get scooped up in this unfair process. There have never They will ring up, they will complain verbally, but very been so many camera fines being issued. Given the few times will they write. If we had 300 letters a day in number of cameras that are out there at fixed points and our office, we would be concerned. given the mobile cameras that are in all country districts, I doubt very much if we have ever seen a I wrote to the Minister for Police and Emergency greater need to deal with this than we are seeing at the Services, and he came back to me and said that the moment. It is imperative that we go down the path of advice from Victoria Police was that its system was making sure it is fair to people. working and it uses all measures to ascertain a person’s address and therefore they will get the notice. If you My view would be that it should be tightened even have a sheriff’s warrant, you can apply back to the further than the reference to postal addresses. In the old PERIN court to get the costs removed. That is okay, but days everybody who was sent a summons in the mail when the sheriff comes to your door and says you had to receive it by certified mail, so if it came back owe — in the case of a Mildura lady who did not know you knew the person had not received it. But at the she had two parking fines it was $440, and the costs moment it just goes to a dead letter office or gets added to that were $75 on each warrant — a certain returned to Civic Compliance Victoria. Then it is amount and you must pay it or go to jail for one day for thrown in the bin and a courtesy notice is sent; when every $100, you may pay it. Not knowing the history of that comes back it goes off to the PERIN court. The it, she paid it. person does not know that he has been the recipient of a huge traffic fine, and when it is multiplied many times We assisted her to go to the PERIN court to get the over a period the whole system gets worse and brings costs back, and guess what. If you have paid the the whole process into disrepute. warrant, the PERIN court cannot give you back the costs. So had this woman had the original tickets she I commend the bill to the house on the condition that would have known it was to be paid and she would we adopt a much fairer system of determining a have saved herself the costs and would not have had the person’s address. I ask the house to support the intimidation. I am not suggesting the sheriff intimidated amendment, which relates to postal addresses, so that if her in any way other than the fact that if he comes to the regional motorists like me and others have the door in uniform and says here is a warrant you have to misfortune of getting a traffic camera fine, we have a pay, you may find that intimidating. I am not chance of having it sent to the right postal address. suggesting there was anything wrong in the approach. Mr CARLI (Brunswick) — Once upon a time in this house there was consensus on road safety. It used ROAD SAFETY (AMENDMENT) BILL

1560 ASSEMBLY Wednesday, 5 November 2003 to be true that all the parties agreed that Victoria had to casualties. The cost of fatalities has been estimated by have a common position on road safety and that we had the Bureau of Transport Economics to be $1.65 million. to lead the world. Tonight we heard contributions from For every person who dies, apart from the emotional the members for Polwarth and Swan Hill which broke cost to families and the tragedy involved there is a net with the idea of our working together, supposedly on cost to the community of $1.65 million. That means the basis that we have not safety cameras but revenue that last year $655 million was lost to the community cameras. because of fatalities, let alone the human and emotional costs associated with those deaths. Last year the The member for Polwarth said that, purely and simply, Transport Accident Commission paid over the cameras are there to gain revenue. The opposition $534 million to more than 42 000 Victorians who had parties have taken that position, yet we have evidence been injured on our roads. to show that the cameras are working and that they are safety cameras, and I will give one example. In July the These are the costs the government is seeking to reduce Monash University Accident Research Centre did some and is reducing. Members opposite keep suggesting that work on areas where there had been camera activity — they have concerns about revenue cameras, and that that is, where speed cameras had been used for somehow the government is ripping Victorians off enforcement purposes. It was found that in those areas because they are being charged with speeding and the risk of death from casualty crashes had fallen by fined, but it is against the law to speed on our roads. 41 per cent from one month to another. The Monash The government is enforcing the law and ensuring that University Accident Research Centre has worldwide the road toll goes down. When we hear concerns about status and is considered a leader in its field. It is very point-to-point cameras from the member for Swan clear that the cameras work and that in areas where you Hill — — use them as a form of enforcement they change behaviour and lower the risk of serious casualties. Mr Trezise — They don’t get the point!

But there is other evidence. In 2002 the death toll in Mr CARLI — Absolutely! He does not get the Victoria fell by 47. In 2003 there have been further point. Again he has suggested that they are revenue reductions, and at the moment in metropolitan cameras. It is very clear in the bill that point-to-point Melbourne we have the lowest road toll since figures cameras work by measuring the average speed over two have been kept. So this is working, but it is not simply points. Basically you get two points and you find out the cameras, because clearly the Bracks government is what the average is. If drivers are over that average, committed to road safety. We have a program called then they will be fined. You have to go pretty fast to get Arrive Alive, which seeks to reduce Victoria’s road toll an average that is over the speed limit. You have to go by 20 per cent by 2007. A number of changes have led pretty fast on the Hume Highway to go over that limit. to this reduction, including lowering the speed limit to 50 kilometres an hour in residential streets, installing Clearly the government is having a major impact on our alcohol interlocks for repeat drink-drivers and the road toll, but all we get from the opposition and the $240 million black spot program. There are National Party is a break with our consensus on these 1094 different funded black spots around the state, issues. I note that members of the great and grand Road tougher speeding laws and demerit points for drivers Safety Committee are in the chamber. Over a number using handheld mobile phones. There are also new of decades that committee has argued for measures in penalties for those who obscure numberplates — and Victoria that have meant Victoria has been one of the the list goes on. leading states and one of the leading areas in the world in reducing the road toll. I am sure members of that All of these have been supported by the police, committee would be absolutely ashamed of what they Vicroads and the Transport Accident Commission have heard, particularly from the member for Polwarth, (TAC). They are having positive effects. who was a disgrace when he suggested that all this government is interested in is raising revenue and not Honourable members interjecting. road safety.

Mr CARLI — Opposition members keep saying the As I said, and I will repeat it, the member for Polwarth government is all about revenue, yet we have evidence said the Liberal Party has no problems with to show that it is not simply about revenue. Empirical point-to-point cameras or safety cameras, except that evidence taken from areas where there has been the Victorian government does not use them for safety. enforcement using the cameras has demonstrated that He said they are purely and simply used to gain there has been a reduction in serious accidents and revenue. That is clearly an untruth; it is not true to say ACCIDENT COMPENSATION AND TRANSPORT ACCIDENT ACTS (AMENDMENT) BILL

Wednesday, 5 November 2003 ASSEMBLY 1561 that the Victorian government is not concerned about is when it will be deemed to be effective. It will not be road safety. This government is concerned about road deemed to be effective by the amount of dollars it safety, and that is what these measures are used for. generates but by the behavioural change it instils in drivers, therefore saving lives. There is no doubt that It is important to say that when the Victorian there is a connection between speed and our death toll. government was elected four years ago it had a policy to reduce the road toll by 20 per cent. Road experts in Debate adjourned on motion of Mr McINTOSH (Kew). Victoria — the TAC, the police, Vicroads, the Road Safety Committee and others — all support tougher Debate adjourned until later this day. measures; and the strategy is working. In 2002 the road toll was down by 47, and this year it is down by a ACCIDENT COMPENSATION AND further number. It is at the lowest level ever in TRANSPORT ACCIDENT ACTS metropolitan Melbourne. (AMENDMENT) BILL This bill makes a number of changes. It is important to note that these changes did not create a great deal of Second reading controversy among previous speakers, but they are Debate resumed from 16 October; motion of Mr HULLS important changes in terms of road safety. The (Minister for Workcover). written-off vehicles register will ensure that the current practice of criminals using the identity of a wreck to Mr McINTOSH (Kew) — This bill amends the register and on-sell a stolen vehicle is stopped, and that Accident Compensation Act and the Transport register will be used Australia wide. As I said, the Accident Act. It comes to this house principally government is working to get an Australia-wide because of three decisions of our courts in interpreting register. All states are on board except Western various pieces of legislation which could have an Australia, but it too will join the register later this year. adverse impact on the budgetary bottom line of both the That register will be important for ensuring that we stop Workcover scheme and the transport accident scheme. certain criminal behaviour that has occurred in Victoria and in other states of Australia. It is important to understand that this seems to be the principal reason for these amendments. The friends of There are changes to the way in which breath-analysing the Labor Party — at Trades Hall and within the union equipment measures the concentration of alcohol. movement — have shown a great deal of concern about Currently we measure the breath, then convert that changing the legislation in a profound way because of measurement to the equivalent in blood alcohol. The the court rulings. Some rulings have been adopted and National Standards Commission has a new standard for others have been ignored or changed, but the principal evidential breath analysers, and the intention is to reason these acts are being amended is the courts’ modify existing breath-analysing instruments so that interpretations of various pieces of legislation. I will go the measure of alcohol will be expressed as a through those in a moment. concentration in the breath. A matter that concerns me — and this follows on from It is important to note that there has been a house the Road Safety (Amendment) Bill that was debated amendment to ensure that the necessary acts are prior to this debate — is that I understand the amended to allow for this change in the standards and government is going to have to amend some of the to ensure that we comply with the requirements of the provisions of clauses 2, 3 and 9 for technical or federal National Measurement Act. Again, it is a grammatical reasons. The most important thing is that standard that will be used Australia wide, and it is the government has informed me that these important to note that it is a change. amendments will have to be made in the upper house. They were not ready in time and so the bill will have to The use of point-to-point camera technology is not new. come back for this to be done. It has been used in New South Wales with trucks. It is important to trial it on the Hume Highway, and it will Mr Ryan — Not again! be trialled and evaluated. Again the notion that the camera is simply there for revenue raising is completely Mr McINTOSH — As the Leader of the National wrong. It is being evaluated primarily to see whether it Party indicates, ‘Not again’. We have a government is effective. And when is it effective? It is effective that is not in control of its own legislation. It cannot get when it changes the culture of drivers — that is, if it it right in this place and has to fix it up through actually reduces speeding on the Hume Highway. That amendments. ACCIDENT COMPENSATION AND TRANSPORT ACCIDENT ACTS (AMENDMENT) BILL

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It is a profound embarrassment and to some extent a union movement yet again and has come to this house disgrace, considering the amount of time we have had with a convoluted, complex piece of legislation that just to consider this particular bill. As I said, the principal does not deal with the Hegedis provisions to reason for this bill is the various decisions of our courts re-establish the underlying fabric, the common about the interpretation of provisions relating to understanding of us all. What it has done is to make a accident compensation and transport accidents. few cobbled changes as a result of Hegedis, but then moved on to a number of other matters. I will start with the Hegedis decision, which was an appeal of a magistrate’s decision. The matter went to There has to be some form of a causal link between the the Supreme Court, where it was heard by a single employment and the injury. There is no doubt that the judge and a judgment was made. It then went to the causal link — as is everybody’s understanding — Court of Appeal, and the appeal was dismissed. It applies to an industrial disease contracted by a worker relates to the interpretation of an underlying fabric of in the course of his employment, but the most important the Accident Compensation Act dealing with thing is that for other forms of traumatic injury that Workcover. The fundamental underlying fabric of that nexus has now been broken. The government is act is that an injured worker should be compensated in re-establishing that causal link only in relation to heart accordance with the Workcover scheme. Nobody attacks and strokes but not other forms of traumatic disagrees with that, but to obtain compensation the injury. So the causal link has been broken in relation to common understanding is that the injury should be in those other forms of injuries. some way related to employment activity — that is, the employment must be a significant contributing factor to As a result of the deal that has been struck to establish the injury. the causal link between heart attacks and strokes but not in relation to other injuries, the government has had to Hegedis was about a relatively minor injury where a bow to union pressure and essentially increase workers worker during his lunch hour went to a lunch room to entitlements in relation to non-economic loss. General have his lunch, wanted to cut an apple with a knife and damages, pain and suffering, call it what you will, that inadvertently cut his finger. The only nexus with is what has happened. The justification is that it is doing work-related injury was the fact that he happened to be the right thing by workers and improving those at work at the time. Workcover challenged the claim on economic returns in relation to pain and suffering, but it the basis that it was not an injury that had as a does it in a convoluted way. significant contributing factor his employment; rather, he was on his own time undertaking his own activity. Interestingly enough, Jarrod Moran, the Victorian Whether it related to an employer’s obligation to Trades Hall Council’s workers compensation adviser, is provide a safe workplace was the issue in dispute. reported in the Workers Compensation Report on 21 October 2003 as saying: The magistrate determined, as we here would all commonly understand, that it should relate to the They’re saying they won’t change the legislation and that you still need 10 per cent but what they’re doing is bumping up employment. The magistrate’s decision was appealed to those people with lower impairments so they can get some the Supreme Court, and in an interpretation of the money. definition of injury His Honour Justice Ashley said that the magistrate had misdirected himself in that matter. This is at a time when the whole of Workcover is under The matter was then taken to the Court of Appeal by a financial cloud. For four years in a row there have Workcover, and the appeal was dismissed. Essentially been profound losses, and that is after a very good the law as it stands in Victoria — the underlying fabric minister in the previous government addressed all these that we all understand — that the employment must be problems. a significant contributing factor to the injury, is now Most importantly this problem now comes back to this seriously in question. house. We have to address increased workers That set in course a chain of events that ran this entitlements, and that may be appropriate, but we are government headlong into the trade union movement. told it could cost as much as $30 million and we are not The simple step would have been to amend the entitled to see the actuarial calculations on which this is definition of injury to make it perfectly clear that the based. For the year 2002–03 Workcover lost injury should be related in some way to the $316 million. That is despite the fact that since 1999 it employment activity and the responsibility of the has increased premium levels from $1.1 billion to employer to provide a safe workplace, but by not doing almost $1.7 billion. It is now collecting $500 million it that way the government has had to bow to the trade ACCIDENT COMPENSATION AND TRANSPORT ACCIDENT ACTS (AMENDMENT) BILL

Wednesday, 5 November 2003 ASSEMBLY 1563 more than it was in 1999, yet it is making a Really what the minister was saying in the $316 million loss. second-reading speech was that the government would allow for it in the operation of the act. This is what it is This government again comes to this house and says, all about — the government has had to deliver ‘Trust us’. At the briefing we were told that there are improved impairment benefits to get through these actuarial calculations that will demonstrate these important amendments relating to Connelly and amendments will probably only cost somewhere Hegedis. between $30 million to $35 million, but we have not seen the actuarial calculations. We were promised them Regarding Hegedis, while the opposition is not at the briefing, but we have not seen those actuarial opposing this legislation it makes a commitment that calculations so that we can determine the impact of the when it is in government it will ensure that for injured amendments. workers to be eligible for compensation the work they do must be a significant contributing factor in the We are dealing with workers entitlements which had injury. Therefore the Hegedis decision would have to historic losses of $316 million last financial year on top be looked at in a proper and cogent way — that is, by of $98 million in 2001–02, $216 million in 2000–01 making a legislative amendment to ensure that the and $127 million in 1999–2000. Importantly the injury must have some connection with the worker’s government is increasing workers entitlements without employment. In other words, the work must be a the increase being fully funded, again an impost on the significant contributing factor to the injury. taxpayers of Victoria. We know there was a fight in cabinet between the minister and the Treasurer about The opposition is not opposed to this legislation, but it the way this thing should be funded, but it was all done makes the point very clear that when it is in as a compromise because of decisions such as Hegedis. government that amendment will go through to ensure that the underlying substratum of this legislation and I will deal with the next case of Connelly. At the time, the integrity of the act will be preserved in the simplest the common understanding was that in relation to the possible way. There will be no grey area — for an American Medical Association (AMA) guides, where a injury to be compensable it will have to have a medical assessor determined a particular level of connection to the work or employment of the worker. impairment it could not be rounded up to the nearest That is something the opposition would look at as a 5 per cent. That was the common intention of this matter of urgency upon coming into government. place. As a result of the Connelly decision, that has now been thrown out the window. So the government says In the third case, the McRitchie case, the court found through its mates in the union movement, ‘We will not that the entitlement to daily living expenses was not have rounding up. What we will do to compensate you payable under the tax scheme. The case involved a is improve the impairment benefits that may flow from young lady who was unfortunately seriously injured as this decision’. What you have here is the so-called the result of a motor vehicle accident. She suffered improvement to benefits. Essentially there is an serious head injuries and extensive paralysis. At the amendment to section 98 of the Accident time of the case she was living in a community house Compensation Act, and it is a very complicated and which charged a $25 bed fee. It was held by the court convoluted process. that her daily living expense was not compensable under the TAC act because it was an ordinary expense The government is increasing the statutory that would have been incurred under normal non-economic loss to workers — that is, the pain and circumstances. It was considered to be a health-related suffering and the general damages, not the actual service and was not compensable. economic loss such as wages and things like that — as a direct consequence of compensating the union As a result of this legislation, for another 18 months — movement for rolling over in relation to the decisions in I will not go into the convoluted detail — there will be the cases of Connelly and Hegedis. The most important an opportunity to compensate those people who have thing here is that they then flow in — and again we are not been paid that daily living allowance, whether it be told in relation to the Transport Accident Commission, a $25 bed fee or however they are maintained, and although it is not specifically covered in the legislation, whether it has happened in the past or may happen in that the TAC will ensure these people will be looked the future. As I understand the briefing by the after and that anybody who has an impairment of 28 to department, it represents a windfall for people who 29 per cent will be looked on favourably. would not otherwise have expected to be compensated in circumstances such as these. ACCIDENT COMPENSATION AND TRANSPORT ACCIDENT ACTS (AMENDMENT) BILL

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There are a number of other amendments also made by carrot in that case is the economic benefit that would this bill. One thing we can probably all agree on is that flow from the reduction of premiums if they set up an it attempts to implement a national agreement between effective program. all states to ensure that cross-border anomalies in legislation, or perhaps the opportunity for forum Integral to all of this is something that perhaps the shopping, will be substantially reduced. It means that Workcover authority has tended in the last two years where workers are temporarily located in another state, not to undertake, which is to participate in an active they can be covered by their home jurisdiction in way in that process. In the current inquiry by relation to workers compensation, and there will be Christopher Maxwell, QC, in relation to occupational reciprocal arrangements between the other states. health and safety, one of the matters for discussion is whether or not Workcover could be a lot more As I understand it, Victoria is the first state to introduce proactive in workplaces by actually making appropriate legislation to reflect that arrangement. recommendations as to what should occur in Queensland and New South Wales have indicated they workplaces rather than just being the regulator or the are prepared to pass similar legislation, and the other prosecutorial body. It could actually participate or states will do so in due course. This particular provision intervene in the process at an early stage and make will be delayed in its operation until Queensland and recommendations as to what could be done to improve New South Wales come on board. It is probably workplaces, rather than being at the other end — — appropriate for there to be national agreements to cover workers compensation anomalies that occur between Mr Ryan — Like a diversion process. employees temporarily undertaking employment in different states. The most important thing about the Mr McINTOSH — Indeed, it is a bit like a provision is that it is probably appropriate because it diversion program to some extent. Employers are able deals with situations involving to a large extent persons to have a Workcover authority inspector or other shopping around in different forums. I absolutely agree responsible inspector come in and say, ‘This is the way with the idea of the group incentive program to be you can conduct your affairs or your business to protect implemented under the Workcover authority. workers and provide a safe workplace and a safe environment in which people can work, and the benefit I digress slightly to mention that as a newly elected to you will be that you will not only have a lower member I went with the member for Box Hill, who was claims history and happier and safer workers but also then the shadow Minister for Workcover, to get the benefit of reductions in your premiums’. Shepparton. We heard of an example where such an incentive program had been implemented by a private Of course the basis of that group incentive program is insurer as a number of large employers employed a lot not set out in any real detail. It is really just increasing of transitory employees. It was a seasonal industry and the powers of the Victorian Workcover Authority to do they had a lot of people who would come in for a short exactly that. The most important thing is that one would period of time. They had what can be considered a hope it develops a cultural shift. There is no definition reasonably bad record in relation to claims being made of what a group would be, but it is considered to be an and serious injuries being effected, but even at that industry group such as the Australian Industry Group or early stage there was support for the idea that individual the Victorian Employers Chamber of Commerce and industries make an approach to their insurer — in that Industry, or on a regional basis the Shepparton model case, a private insurer — to work out a mechanism that has already operated very successfully could be whereby they could actually improve their record in adopted. One would hope it is a win-win situation for relation to injuries at work. everybody. Such an incentive program certainly has the support of the opposition. The reward was that they would get a substantial reduction in the premiums to reflect their own Overtime is another matter on which the union individual contributions to that program. This group movement has had a big win as a result of the incentive program is not set out in any real detail; it is amendments the government is prepared to roll over on really just an extension of the powers of the Workcover in relation to the cases of Connelly and Hegedis. authority to undertake those particular matters. There is Currently if they were to be part of the compensation to no doubt that the opposition supports any program that an injured worker, overtime and site allowances would would see the opportunity for groups to come together require some form of regular and established pattern to to try to work out some mechanism that would ensure be established. That pattern has to be reasonably primarily the safety of workers and that would improve uniform, and it must be shown that it would have that safety record and protect workers on site. The continued but for the injury. If there were any ACCIDENT COMPENSATION AND TRANSPORT ACCIDENT ACTS (AMENDMENT) BILL

Wednesday, 5 November 2003 ASSEMBLY 1565 indication that it was not to continue, then the currently exists and certainly would have the support of compensation would not be payable. Admittedly, the the opposition. government has left that ‘continued but for the injury’ provision in the operation of the act. It has been In conclusion, this bill comes to this house essentially substantially watered down in the sense that all that is to rectify two decisions of the Supreme Court — the now required is that some overtime has been worked in cases of Hegedis and Connelly, particularly Hegedis — the preceding 12 months, and essentially that can be on the nexus between the injury and the work activity. merely averaged out in a weekly compensation As I have said, the opposition does not oppose this package. So a regular and established pattern of legislation but makes it perfectly clear that when it is in employment is now replaced with an averaging of any government it will ensure that to be eligible for overtime that has been done over 12 months. compensation injured workers must show that work has been a significant contributing factor to the injury, The government has come to the house and said, ‘Trust because that is certainly the common understanding of us, because this will be administratively a lot easier for everybody in this place, and it should not be another employees’. Accordingly members have to accept its form of broad compensation. word that it will be administratively easy, although I suggest that the high-jump bar has been substantially Mr RYAN (Leader of the National Party) — The lowered from a regular and established pattern down to National Party does not oppose the content of this a mere averaging of overtime worked over a period of legislation, although there are some issues I wish to 12 months. comment upon which in a general way surround the matters that are specifically dealt with in the bill and in Another mechanism that certainly does have the the second-reading speech. In so saying, I have regard support of the opposition is the return-to-work to the issues that have been dealt with in some provisions. It must be the goal of any effective considerable detail, very ably I may say, by the member Workcover scheme to ensure that any injured worker for Kew. It is probably not necessary that I canvass as has the opportunity of returning to work and the dignity many of them as the member has done; rather I would of participating in their former employment — the prefer to comment about the general underpinning dignity of having a job — and that the injury sustained aspects of both the Workcover legislation and the at work should not be a reason why they are essentially Transport Accident Commission (TAC) legislation. thrown onto the scrap heap. Any measure that relates to improving the return-to-work provisions certainly has The legislative evolution of this whole area has a very the support of the opposition. rich history. Back in 1985 and 1986 respectively Workcare, as it then was, and the TAC, as it still is, Essentially the minister has quite rightly identified an although in a modified form, became the subject of anomaly in the legislation: an employer must provide legislation under the then Labor government. In each an injured worker with equivalent work within a instance the opposition of the day did not oppose the 12-month period if they are able to come back in a full legislation, and so it is that it ultimately became law. capacity. Alternatively, if in that 12-month period an Over the course of the years it has evolved; that has injured worker does not have the same capacity but been particularly the case as the courts have interpreted could be put into suitable employment within the various aspects of those respective pieces of legislation. company in the first 12 months, then that course should As a result of those interpretations governments of all be adopted. persuasions have from time to time moved amending bills through this Parliament to accommodate those The inconsistency really comes about because within decisions with the fundamental intent that the principal 20 days after the injury the employer has to develop a underlying aspects of the legislation should be given work plan, and sometimes that is not necessarily effect. completely practical or feasible if the injury has not been stabilised or there is a lack of clarity. The Sometimes the situation is that the government of the legislation essentially creates a bridge with that day determines that the outcome of a consideration by anomaly and is seeking to ensure that reasons of delay the courts of a challenge as to the interpretation of a or the fact that the matter still has to go to a tribunal or particular provision is against the principles which other place for determination should not be a reason might underpin the legislation at the time. That why an employer would not produce a plan or a therefore gives rise to the necessity to make return-to-work program for the injured worker. In that amendments of a legislative nature to return the case it is probably a bridge with the anomaly that position to that which was originally intended. That is a very healthy process. It is terrific that the courts are ACCIDENT COMPENSATION AND TRANSPORT ACCIDENT ACTS (AMENDMENT) BILL

1566 ASSEMBLY Wednesday, 5 November 2003 consistently asked to interpret the provisions of the government came to power in 1999. I think that is a legislation, that the Parliament reacts accordingly and commentary on the government and what it had to say that amendments are made. So it is that we have this before as opposed to what it has done since. evolutionary process. I might also say that the silence from the union The whole history of Workcare and Workcover has a movement has been absolutely deafening, although lot to say about the development of workers why that should be so is a matter that is in the eye of the compensation in Victoria. In 1992, when the former beholder. Nevertheless, as I understand it that is the government came to power in Victoria, the scheme had case. A raft of amendments that have been put through a deficit of around about $2.2 billion. Like so many Parliament have also made significant inroads into other aspects of the state’s economy it was on the way common-law rights and various other spheres. It is out, backwards, and it fell to the former government to interesting to reflect on the nature and context of the make decisions — often difficult — about the way in legislation that is being debated in the house tonight. which the legislation operated and how the scheme functioned. After all the changes were made over the Some aspects of the bill touch upon a range of issues course of subsequent years the scheme was able to be which deal with the point that I first raised in my brought back into a position of balance, and that was a contribution. I refer to the evolutionary nature of these great achievement by the former government. schemes and the way in which they undergo change as a result of decisions which occur within the courts. This Under the current government, of course, the situation bill accommodates the decisions in Connelly, has slipped somewhat. In fairness to the government, McRitchie and Hegedis respectively. The member for there have been some contributing factors, particularly Kew has dealt with the factual background to and the the performance of the equities markets internationally, rationale behind those respective determinations. He which have not been as kind as they have been at other has also explained how it is that the bill accommodates times. But by the same token the government of the those determinations to satisfy the current day, whichever it might happen to be, has to wear it. government’s requirements, so those issues do not The reality is that when you have a mix of activities in a again need to be dealt with. scheme such as this sometimes you are going to have poor performing aspects, and at other times there will One aspect of the legislation that I will take the be good performing aspects. But whatever might be the opportunity to comment on relates to return-to-work totality of it, the bottom line is that you have to wear it. programs which are to be provided by employers. This legislation effectively expands the obligations resting This government has overseen a situation where, upon employers in that regard. This is a crucial point certainly of recent times, there have been various from a variety of perspectives. The first is — perhaps causes for concern about the performance of the not in order of priority, but probably so — the interests scheme that relates to the indemnity payments to people of the injured worker. All of us would hope people who who are injured in the workplace environment. I might have had the terrible misfortune to be injured at work also say that some of the promises made by the current are able to get back to productive employment as soon government leading into the election in 1999 and as possible, and the Nationals support initiatives which indeed subsequently simply have not borne fruit. are intended to achieve that outcome.

It is interesting to reflect on the commentary of the Having acted in my former life as a solicitor on behalf Labor Party when in opposition about the changes of plaintiffs who had the misfortune to be injured at which were made by the former government over work, I for one certainly support the concept. But there removal of common-law rights. In 1997 Labor was is another aspect to it, which in the context of this bill going to restore them and do much to have workers bears commentary. As I travel around Victoria — and I return to the position which previously prevailed. Labor would lay claim to travelling around Victoria as much incited people to literally march in the streets about as or more than most — employers consistently plead those issues. It is always interesting when legislation with me for recognition of the important part they play such as the bill we now have before us comes to the in enabling work to be provided for the people who are house for consideration to reflect on the fact that despite employed by them. That is a first principle. all the huff and puff and the legislative amendments which have been made by the government since it These days there is even a modification on that first assumed office in Victoria, I understand that not a principle. More and more employers say to me that it is single writ has been issued in any court of this state not a question so much of the people who work for regarding a worker who has suffered injuries since this them but rather the people who work with them. ACCIDENT COMPENSATION AND TRANSPORT ACCIDENT ACTS (AMENDMENT) BILL

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Employers say to me that the days of them and us, the entailed a sharing of a measure of responsibility days of employer versus employee and the days of between employers — from which they did not shy for employer versus a union — and all sorts of one moment — and, to greater and lesser degrees, equivalents — thankfully are receding. That has been employees accepting responsibility. As I explained to replaced by a position where employers well the employer, there is a raft of common-law and understand that the greatest investment they have in the statutory legislation about these matters. These days it capacity to have a successful business is their essentially means that, realistically, if an employee is employees. The greatest investment they can injured at work a position of just about absolute liability conceivably have is to engage their employees in the applies to an employer. outcomes that are to be achieved by the business the employers operate. The employer was not so much troubled about that from a civil perspective; rather it was troubled about the Employers tell me that these days the way to achieve notion of being subsequently prosecuted for a set of the best business outcomes in the sense of work safety, circumstances which I will not go into now because economic results, structural decisions and the way the time is against me but which it felt did not properly future is charted — all these issues and more — is to represent the position that applied in that particular provide an environment where the employees, in the circumstance. Specifically it was speaking of repeated historical, nominal and legal sense of the word, are able warnings that had been given to the employee, a to share the burden that goes with running a business. number of initiatives that had been undertaken to Make no mistake — and, Acting Speaker, I know your ensure that the accident that ultimately did happen experience would support this — running a business would not happen and a variety of attempts by them to these days is no mean feat. In a general sense make sure before the event that the tragedy that did something of the order of 35 per cent of the payments eventually occur would not occur. now made to employees is represented by on-costs. Those on-costs comprise all sorts of things such as Nevertheless in the ultimate the employee in question superannuation, Workcover and a variety of other such adopted a course of action utterly, completely and payments. Employers are paying an enormous amount absolutely in contradiction to the instructions provided of money on top of the straight-up salaries they pay to by the employer and tragically suffered a pretty serious their employees. injury. In all of this the employer ultimately had to wear it, not only in the sense of the benefits provided under I mention these things in the context of this amendment the act but also as a result of the subsequent because it all comes back to the fact that employers prosecution. The advice in the end was that the well understand that it is a strong mutual interest in employer was better to plead to the injury because their activities and the activities of their employees otherwise there would be many days in court with what which brings about best outcomes. The best possible was thought to be an inevitable outcome against the thing employers can do is to look after their employees employer’s interests. in a responsible manner. This flows over to the style of advertisements which the It is those issues that employers talk to me about as I go current government auspices on our television screens. across country Victoria. Only recently in Bendigo I Often we see advertisements on behalf of Workcover attended a business within that fair city in the company where the employer is generally painted in a pretty of a member for North Western Province in another negative fashion. There is a tendency to paint place, the Honourable Damian Drum. The employer employers as being dodos. Employees are, as I have had been prosecuted in relation to the operation of the already emphasised, extraordinarily important to the business, particularly with regard to a most unfortunate operation of businesses around this state and are owed accident that had happened to one of the employees. an appropriate duty of care in relation to their welfare. The employee in question suffered a significant injury The advertisements tend to paint them as entirely and is undertaking proceedings to seek an award innocent parties in the way accidents occur. appropriate to the benefits available under the legislation. I am the first to say — and by Jove, I would lay claim to it again — that I have probably the best experience in The interesting thing is that this employer and those this place in regard to what happens in the workplace working with him felt that they had been subjected to a and to the circumstances of work-related accidents. process in the prosecution, which subsequently Employers across Victoria are calling for greater followed the civil proceeding, which they regarded as balance to be incorporated into the way the government unfair. They talked about the general principle which directs the activities of compensation schemes and most ADJOURNMENT

1568 ASSEMBLY Wednesday, 5 November 2003 particularly the way employers are painted in the eyes minister or with one of his advisers to discuss the of the public on television screens around Victoria. multipurpose taxi program.

On the other hand the government is to be On 6 October Ms Rawlins wrote to me. She stated: congratulated for the introduction of a concept which entails incentive schemes. This is a great thing. If As I outlined before I am disabled and have to spend $150 per week on taxis to get to work. I cannot afford to not work as I employers can see that there is a direct benefit to be have financial commitments. derived by them in the level of the premium payments they make because of the way they are able to group I am extremely concerned as cab fares are about to rise and together and generally conduct their businesses, that is a the cost to me will be $150 plus … worthy and worthwhile incentive — and all the more so You would have a copy of the last letter received from in the case of the matters that I have been talking about. Minister Batchelor in reply to mine where I outlined chapter and verse the problems facing disabled workers who cannot The challenge, in a sense, is being put to employers by cross the road to catch modified buses and are forced to catch this government, and I give the government due credit taxis. for putting it in the way outlined in the legislative I am writing to tell you that his reply made me extremely initiatives. It will mean that if employers are fair angry as his reply was totally unsatisfactory. He did not dinkum about the sorts of things I have been describing, address one single aspect I raised, and spent a page and a half then here is an opportunity for them to obtain a direct telling me how much the M40 program costs in total. It was a very clumsy attempt at avoiding the true topic and did not financial benefit in addition to the many other features I fool me for a moment. have put on their behalf regarding the position of … employees in their respective businesses. I again would like the opportunity, if it can be arranged, to This challenge for employers is not only in the first meet with one of the minister’s advisers to put my own case instance a challenge which goes to the extent of the together with you. Surely every public servant in his office is premiums they have to pay. More particularly, and I not all that busy. think all honourable members would agree, if Today the Victorian Association of Health and employers are serious about ensuring the best possible Extended Care issued a media release which says that environment for their employees they will grasp this the state government has slashed its subsidy scheme for opportunity, because there is a very obvious mutual taxis, leaving thousands of disabled and elderly interest on behalf of employers and employees in passengers stranded without affordable transport. enabling this to happen. This sort of benefit is overdue, and I congratulate the government on introducing it. The chief executive, Ms Mary Barry, said that, Australia wide, progressive governments were trying to There are some 10 amendments contained in the keep older people and those with a disability living legislation, 7 of which relate to the Accident independently wherever possible. But, she said, the Compensation Act. The final 3 relate to both the Bracks government was doing just the opposite by Accident Compensation Act and the Transport Accident heartlessly and thoughtlessly removing any hope of Act. One of the absolute realities of all of this — — independence for those least able to protest.

Business interrupted pursuant to sessional orders. I ask the minister to investigate why his office is refusing to meet with Ms Brenda Rawlins. On two ADJOURNMENT occasions I have written to the minister asking him for an appointment. The first time his office advised me The ACTING SPEAKER (Mr Nardella) — that he was too busy to meet with Ms Rawlins. I now Order! Under sessional orders the time for the ask that the minister or one of his advisers meet with adjournment of the house has arrived. her to learn first hand the problems that disabled people have in accessing taxis to go to work. We expect them Taxis: multipurpose program to go to work and be independent, but the government is not providing the financial subsistence they need. I Mr KOTSIRAS (Bulleen) — I raise a matter for the urge the minister to make the time to speak to attention of the Minister for Transport with regard to Ms Rawlins to find out her problems first hand. the costs of taxis for the disabled. I ask the minister to investigate why his office is refusing to meet with Ms Brenda Rawlins, a constituent of mine who, through my office, requested a meeting with the ADJOURNMENT

Wednesday, 5 November 2003 ASSEMBLY 1569

Manufacturing: northern suburbs Trams: ticket infringement

Ms BEATTIE (Yuroke) — I wish to raise an issue Mr JASPER (Murray Valley) — I bring to the with the Minister for Manufacturing and Export. I ask attention of the Minister for Transport an anomaly with the minister to ensure that manufacturing industry in the the operation of the ticketing system on the Melbourne northern suburbs, particularly in the City of Hume, tram network. continues to grow and expand. I refer to representations I received from a lady living at As honourable members may be aware, my electorate Tocumwal, New South Wales, just across the river to the north of Melbourne is home to a great many from my electorate. She brought to my attention a manufacturing companies and my constituents are problem her daughter experienced in utilising the dependent to a large degree on the wellbeing of that service when she boarded a tram to come into the city. industry. Recently manufacturing has experienced She had lived in Sydney for some years before shifting many highs and lows, and the suburbs I represent have to Melbourne. After she had lived in Melbourne for a ridden the storm. My electorate has some great short time she boarded a tram to go to a medical companies, like Ford Australia, Textor, Autoliv, the appointment in the city and purchased a ticket on the note printing works — I cannot get a free sample there tram. After her appointment she purchased a ticket from no matter how hard I try! — Cadbury Schweppes, a shop near where she had had the medical appointment Nestlé and many others. and again boarded a tram but did not have the ticket validated. The manufacturing industry has provided employment for many newly arrived migrants who have made their She was approached by a transport inspector, who homes in Hume. Indeed, many have spent years at asked for the ticket. When she produced it the inspector those companies I have just named, and their jobs have said it was not validated. She said she was unaware that been the only jobs they have held. Unfortunately they it needed to be validated, but she found that she was want different careers for their sons and daughters. then subject to a penalty. She sent a letter off to appeal Many still think of manufacturing as blue overalls, bad the infringement notice, but this was declined and she backs and dirty conditions. If this is the image that received a fine of $100. Her mother said it was very honourable members have of manufacturing, I invite confusing because she had purchased the ticket in good them to come out and have a look at, say, the Ford faith and had not had it validated because she was production line, which is a great place. It is a pristine unaware that she needed to do so. workplace, and the health and safety of Ford’s workers are paramount to that company. I raised the matter in correspondence with the Minister for Transport, who passed it to Yarra Trams, which said Honourable members may have heard me mention the appeal would be taken to the appeals coordinator, before that I am on the Jobs for Hume task force, which infringement administration, in the Department of seeks to expand opportunities for employment in the Infrastructure. Subsequently I received an northern suburbs and works very hard in conjunction acknowledgment and further a letter, which was sent with industry to broaden the scope of employment direct to the lady in question, the mother of the person opportunities. But as we have seen in Hume, you can be who had been apprehended and fined, living in too dependant on one sort of industry. We saw the Tocumwal. This is part of the response she received: collapse of Ansett, with no help from the federal government at all — it just let the company go down In your letter you believe that your daughter was unaware that she had to validate the ticket, thinking all she needed to do the drain with no help. The Ansett workers still have was purchase an appropriate ticket. As advised by not seen a cent of their money that was collected by the Mr Pinto — federal government, and I challenge the federal government to put the ticket tax into the pockets of the person who had advised that the fine would Ansett workers. However, I am digressing a little. stand —

I ask the Minister for Manufacturing and Export to this offence falls into the category called ‘strict liability’ offences and there is no legal requirement for the prosecution ensure that jobs in manufacturing continue to thrive and to prove ‘intention’ to commit the offence, merely to establish grow, particularly in the northern suburbs that I the fact that the person did not have a ticket and/or had not represent. Although I would not deprive the southern or complied with the requirements of the Transport Act 1983; inner suburbs of their manufacturing industries, which in this case Lynsie did not validate her ticket on traditionally the northern suburbs have been home to boarding the tram. manufacturing, and I ask that they stay its home. ADJOURNMENT

1570 ASSEMBLY Wednesday, 5 November 2003

I suggest to the minister that this is an anomaly in the Taxis: multipurpose program system, and that there should be some method of informing people who purchase tickets to utilise on Mr SMITH (Bass) — I would like to raise a matter trams that they must validate the ticket at the same time. for the Premier and ask him to assist those disabled and elderly people who are, or were, using the multipurpose I believe this particular person was in a situation where taxi program. My colleague from Bulleen raised this she did not understand the system, having come from issue before, and I think it is important that we give it at New South Wales into Victoria. It is an area that should least a double bang, because this government has been be investigated by the minister so we can get a better absolutely appalling in its behaviour towards disabled system under which people can be informed of people. problems and corrective action can be taken. In launching the Victorian government’s state disability Schools: bullying plan the Premier said:

Ms LINDELL (Carrum) — I seek action from the The state disability plan reaffirms the rights that people with a Minister for Education Services regarding the sharing disability have to live and participate in the community on a equal footing with other citizens of Victoria. of best practice with regard to antibullying initiatives in schools. But this caring government is in fact bashing the people who most need help. It is appalling that it has capped Members would be aware of the Alannah and Madeline the multipurpose taxi subsidy at $550 per person per Foundation. This excellent organisation does important year. That amounts to $10.54 per person per week for a work tackling the welfare issues faced by young people. disabled person — a blind person or an elderly, sick One of the programs it runs is the Buddy Bear schools person — to get a taxi to go to a residence, the shops or program. The program is based on the buddy system, their disability services facility. The government has which many schools use. It helps them to enhance knocked them down. That is about 13 kilometres a existing systems or create their own. It provides two week of travel that the government is allowing these focus weeks at the beginning and end of each school people. We cannot afford to allow this to happen. year, with weekly or fortnightly lessons with buddies in schools to build social skills and competencies and the I want the Premier to do something. He is in the wellbeing of students. The foundation also conducts position to do so. He is the one who set out the state professional development sessions for staff and disability plan, and we want the Premier to take action interested parents. to allow us to do something for these people, who deserve help. This is a terrific program, and I would like to take the opportunity to congratulate the Aspendale Gardens I can only suggest to the government that it listen to Primary School for its work in partnership with the what we are saying and do something about it. Minibah Alannah and Madeline Foundation. It is an excellent Services, which is a fantastic facility in Pakenham, is school, a school that the Liberal Party did not think was very concerned about what is occurring over there. worth while building, despite the fact it had nearly Disabled people are coming in on a daily basis. They 400 students in its second year of operation. It has some have to go to different places around the area where fabulous programs and is successfully implementing they have been given jobs and are being helped because the Buddy Bear initiative with its students. Bullying is of their disabilities. This government and the Premier obviously a very serious issue, and far too many have done nothing to assist these people. students in our schools suffer from it. Aspendale Gardens Primary School’s implementation of this Honourable members interjecting. innovative program should be applauded. Mr SMITH — Thank God for the member for I would like the minister to actively promote best Brighton! practice in anti-bullying programs such as this and to encourage other schools which are doing equally great I want him to reverse the decision to cap the things to share their expertise with schools across multipurpose taxi program. He should get it back to Victoria. This is exactly the sort of work that should be being reasonable. If there is something wrong, he promoted to other schools and the wider community. It should do something about it. But the Premier should is only by schools sharing expertise that we as a not make the disabled pay for some of the crooks that community will begin to see real results in the may have been there before. important area of student wellbeing. ADJOURNMENT

Wednesday, 5 November 2003 ASSEMBLY 1571

Tourism: regional events going to have a very significant impact in regional Victoria, where there are long distances to be covered. I Ms DUNCAN (Macedon) — The action I seek is have had letters pointing this out from the Sunraysia for the Minister for Tourism to ensure that Tourism Regional Veterans Centre, signed by Mr Ken Barclay, Victoria takes all necessary steps to ensure that regional and also from the Christie Centre, which is an events continue to be supported in a sustainable organisation that looks after handicapped young people manner. As the member for Macedon I am acutely in sheltered workshops. aware of the importance of tourism to our region, of attracting new visitors in the hope that once they have I understand the reasons why the government has had come to the Macedon ranges and surrounds they will to review the program: it was $36.4 million three years come back again and again. Once they have tasted the ago and is now up to $42.6 million per annum, so the food and wine, the things that Macedon has to offer, costs are rising. A large number of the vouchers have they will keep coming back. been lost, and no doubt they are being trafficked as illegal taxi vouchers. There has to be some financial The recent Budburst Festival, which was held last responsibility in these sorts of programs. month, is our wine and food festival. It is a classic example of a regional event that attracts tourists to But when you have a complete change of the program drink wine, eat great food and stay in some of the most in the way that this has been adopted, it does not take beautiful accommodation. With state government into consideration regional Victoria’s unique support this event was tremendous. environment, and I will give an example. A cap of $500 per annum would mean that if you lived at The Harvest Picnic at Hanging Rock is another great Robinvale and travelled to Mildura, you would only get event in our region that draws enormous crowds. The two trips a year. If you lived at Red Cliffs and travelled 2004 Harvest Picnic will be held over the weekend of to Mildura, you would get approximately 10 trips a 28 and 29 February. I would urge members to put the year, the cost being $56 return. date in their diaries. This event features lots of activities including food and wine marquees, wine-tasting, Those are some of the issues that will have a great cooking demonstrations, boutique beer-tasting, impact. It will severely impede proper access to winemakers’ dinners, gourmet foodstalls, great music medical facilities and the like for people who are and terrific children’s activities. Research shows that currently enjoying the multipurpose taxi program. 20 000 people attended this year’s Harvest Picnic. No further clients to the Christie Centre can become The house should note that both the Budburst Festival members of the program because it is closed off until and the Harvest Picnic run over two days, they are the registration and application forms are reworked. weekend events. There is just so much to see in the They will be available later this year. It will probably be Macedon ranges and surrounds, you could not possibly very difficult for the clients. That comes hot on the do it in one day. People coming from Melbourne for heels of the productivity savings which are already these events travel up the Calder Highway and often impacting on the service delivery of some of these call into Sunbury on the way, checking out a few of the programs. The Christie Centre receives local charitable wineries there. The events raise the profile of the funds. We have a charitable golf day, and there is a Macedon area as one of Victoria’s premium wine and significant volunteer component. If access is restricted food producing regions; they highlight the area as a to the most disadvantaged and disabled members of our significant destination for wine tourism. As it is a community, it will have a regional impact that may be weekend-long event, visitors are encouraged to stay, unforeseen by the government. I ask the Minister for with numerous dinners being held on the Saturday Transport to review the cap under the multipurpose taxi night. Next year — — program.

The ACTING SPEAKER (Mr Nardella) — Calder Freeway: access Order! The honourable member’s time has expired. Mr SEITZ (Keilor) — I raise a matter for the Taxis: multipurpose program attention of the Minister for Transport. I congratulate him on his forward planning for the Calder Freeway, Mr SAVAGE (Mildura) — I wish to raise an issue particularly between Keilor and Diggers Rest. Vicroads for the attention of the Minister for Transport. Like has letterboxed the area with a survey concerning some other members here, I am calling for a review of proposed developments and safety on that section of the the current cap on the multipurpose taxi program. It is freeway. I congratulate the minister because it was a ADJOURNMENT

1572 ASSEMBLY Wednesday, 5 November 2003 multilingual leaflet that people could understand. The industry, wine production, wheat and grain growing, government and the minister want to connect with the bakery product manufacture, processed food people and their views on whether there should be an manufacture, fruit and vegetable growing and wool overpass or an on-off ramp and whether it should be on production. Kings Road, Sunshine Avenue or Calder Park Road. Thailand has the second largest economy in South-East Now that comments have been received from the public Asia, and the fantastic achievement of Prime Minister I ask the minister if it is possible to organise a public John Howard in forging this free trade agreement with meeting in conjunction with Vicroads and the that country will greatly benefit primary and secondary minister’s office to explain where we are now going. industries in Victoria, provided that the Bracks The leaflet was well received but a lot of people did not government can get its act together and actually do realise that they had to write back and express their something other than its usual procrastination. views to Vicroads; there was not enough coverage in the media. While industries throughout Australia will gain significantly from this free trade agreement, it is I would welcome Vicroads, through the good offices of Victoria that could benefit most because of the size and the minister, being encouraged to hold a public meeting scope of its industrial base in both the primary and the with its engineers to explain what is taking place, what secondary sectors. A major export boost of Victorian the surveys have said to this point, what people see as products to Thailand could create a growth in the priority and in which area the access to the Calder employment opportunities throughout the state, not just Freeway should be made because coming on and off in Melbourne. The spin-offs from that should be the freeway is an important part of our road network in obvious to everyone in this house. The time for action that region. The area is becoming more and more on this major issue is right now. I urge the Premier not developed and more cars are using that section, trying to take his usual course of shillyshallying and delay. to get through to the West Gate Bridge, onto the The best interests of Victoria will only be served by an Western Highway and to cut across through my incisive and intelligent response from the Premier to electorate in the Sydenham and St Albans area. this wonderful initiative of Prime Minister Howard.

If honourable members travel in that area at weekends, The Premier needs to take immediate urgent action on they will see a lot of people trying to divert off the this matter, and along with the vast majority of Calder Freeway, although there is no safe way of doing Victorians I will be keenly interested to hear what he so. The next safe access is at Diggers Rest or at Keilor proposes to do in response to this call from me. Park Drive. The minister’s forward planning is excellent, but the community needs to be further Building industry: home renovator engaged with a verbal report from Vicroads’ engineers about what it has understood from the submissions it Mr ROBINSON (Mitcham) — I raise a very received and to give people an opportunity to express serious issue this evening for the attention of the their views on the priorities of what should be dealt Minister for Planning in her capacity in overseeing the with first and the safety implications of the on-off ramp. operations of the Building Commission. Through her I seek the commission’s support for a current Exports: Thailand free trade agreement investigation by the Australian Securities and Investments Commission (ASIC) into an unscrupulous Mr COOPER (Mornington) — The matter I raise is Melbourne builder, Mr Noel Scarff. In a previous for the Premier. I seek action from him to ensure that all speech to the house I indicated how Mr Scarff has been areas of Victorian primary and secondary industry take ripping off suppliers and customers in the building trade full advantage of the magnificent achievement of the across Melbourne. He has chalked up debts across the Howard government in securing a free trade agreement city through his main company, Ellis Brothers Builders with Thailand. This fantastic breakthrough will provide Pty Ltd, as well as a number of other companies, substantial benefits to Australian exporters, with more including It’s Imagineering Pty Ltd, 25 Jarvis Avenue than half of Thailand’s 5000 tariffs being eliminated Pty Ltd, 3 Pope Court Pty Ltd, 51 Cambridge Road Pty immediately and the remainder by 2010. Ltd, Bestco, and in his own name.

Industries in Victoria which should receive immediate In April Mr Scarff was made bankrupt via a active state government assistance and support to take sequestration order in the Federal Court. Creditors have advantage of the great work of the Howard government now been advised that Mr Scarff’s debts amount to include passenger motor vehicle manufacture, the dairy some $966 000, although it is widely suspected that ADJOURNMENT

Wednesday, 5 November 2003 ASSEMBLY 1573 more is owed but is unreported. Noel Scarff has facilitation activities, but more specifically, through its consistently been avoiding the scrutiny of the Building agenda for new manufacturing as well as the council’s Commission and other regulators by hiring other people local activities and its economic development unit, to as directors of his companies. He cannot be promote local investment and employment, particularly deregistered if he is not registered to begin with. That is employment in manufacturing. the way he has operated. He is a slippery figure; a true recidivist. I would like to put on the record my thanks and gratitude to the acting chief executive officer of the City The extent of his recidivism has come to my attention of Hume, Mr Frank Dixon, as well as Mr Kurt Bruhn, in recent days, principally through an Australian who is the city’s economic development unit leader. Financial Review report of 27 October 1989. Twice he They prepared an excellent presentation which outlined has been convicted and jailed for dishonesty, as well as the importance of the manufacturing sector to the City being investigated many times by the former Victorian of Hume. My notes tell me that manufacturing in Hume Corporate Affairs Commission. On the first occasion he alone employs 20 271 local people, spread across food, was jailed he went to Won Wron prison for the dodgy beverages, textile, clothing and footwear, paper management of an intensive dairy farm. However, this products, printing and publishing, chemical and did not stop him from engaging in reverse-charge associated activities, non-metallic metal products, business calls from prison and sending out letters under machinery and equipment, et cetera. the heading of ‘Club Won Wron’. Hume is a very significant local employer and driver of His second conviction was for acting as a company the local economy. That is not surprising, because the director while an undischarged bankrupt. Not City of Hume is a critical part of Melbourne’s surprisingly there is more involved with this individual. infrastructure. It is well served not only by Melbourne His wife, Helen Scarff, was disqualified by ASIC for Airport but also by good road infrastructure and rail five years until 1992. I have requested ASIC investigate assets and a strong capacity to be a key transport this individual, and its response to date is encouraging. distribution and logistics centre for manufacturing The commission has advised: throughout Melbourne. I was pleased to hear of the things the local council is doing to promote investment ASIC is keenly interested to ensure that company directors do there, and I was very pleased to be able to inform the not abuse the corporate form by allowing companies under their control to incur debts they know they will not be able to council of the work and strong advocacy of the state meet. We recognise that this is a special concern in the government on the City of Hume’s behalf to address construction industry. key manufacturing issues. We worked closely with the city and with the Ford company on the new investment I believe that all decent operators in the Victorian required for the car, which was then called the E265, building trade, and all customers, deserve better than and which has now become the Ford Territory, creating the very unscrupulous activities of Noel Scarff. the opportunity — — Through the minister I am seeking that the Building Commission lobby ASIC to take effective action Ms Beattie — A beautiful car! against this individual so that we can help tidy up this industry for the betterment of all Victorians. Mr HOLDING — It is a beautiful car, as the member for Yuroke interjects. I had the pleasure of Responses test-driving it recently. It is a fantastic vehicle.

Mr HOLDING (Minister for Manufacturing and Ms Asher interjected. Export) — I am responding to a matter that has been raised with me by the member for Yuroke. I say at the Mr HOLDING — No, the member for Brighton outset that the member for Yuroke has been a champion can be assured that I returned it safely. It is a fantastic of the manufacturing sector in her local area and of car. It will generate lots of import-replacement local employment. I was very pleased to join with her opportunities here in Australia, and also lots of local and key figures of the City of Hume and other local jobs at Ford and down the supply chain, as well as members of Parliament on 2 October to participate in a hundreds of millions of dollars in new investment. forum that I sought and which the council was good enough to host. Its aim was to work out ways to better I mentioned new investment down the supply chain. Of promote manufacturing in Melbourne’s northern interest to the City of Hume would be a significant suburbs, particularly to better integrate the work of the development that has occurred at the supplier park in state government and its programs for its investment Campbellfield where Ford is located — Air International’s in-line sequencing operation to supply ADJOURNMENT

1574 ASSEMBLY Wednesday, 5 November 2003 seating for the Ford Territory as well as other Ford funding of events to $1.5 million, with at least half of vehicles. Again jobs are spinning off the investment that marketing support going to regional events. The that the state government has been able to attract to key thing that the organisers of the festival in February make sure that manufacturing, in particular in the are trying to do is encourage more overnight visitations. automotive industry, goes forward. It is already very well attended by day visitors, but in trying to value add overnight visitation they have been The member for Yuroke mentioned textiles in her working with local accommodation providers in the contribution. The government is working very hard to region, and they are also hosting local dinners to advocate on behalf of the textile, clothing and footwear encourage people to turn up on the Saturday night. One industry as the federal government considers the of those venues, for example, is a micro-brewer, recommendations of the Productivity Commission. We Holgate Brewery. It has fantastic beers that I have been are making sure the views of local textile companies are encouraged to try. We also launched a micro-brewers taken into account in relation to those activities, and in tourism brochure not long ago. One of the great dinners relation to the free trade agreement with Thailand that of the festival will be held there. the member for Mornington mentioned. We have been working very hard to ensure that the interests of textile, I am very pleased to inform the member, and she can clothing and footwear manufacturers are taken into pass this information on, that the region will be account during these discussions. I know that will be of receiving a $7500 grant for the Harvest Picnic festival interest to the member for Yuroke as well as to at Hanging Rock. No doubt it will continue to be a manufacturing employees in the City of Hume. We are great event, and we will continue to work with the also pleased to let them know about our agenda for new organisers to see how the event grows its overnight manufacturing programs, innovation insights, visitations in future years. technology demonstration programs, technology evaluation and other programs that can help local Mr BATCHELOR (Minister for Transport) — The companies attract new investment and showcase their member for Murray Valley raised with me the issue of significant innovations. a constituent who had lived in Sydney, New South Wales, come to Melbourne and had trouble Therefore I am pleased to take up the suggestion of the understanding the ticketing system, particularly the member for Yuroke to make sure that we continue to obligation to validate tickets for each journey, provide programs which support manufacturing, not especially the initial journey. This resulted in a fine only in the City of Hume but also throughout being issued. Melbourne and Victoria. We know that manufacturing is the lifeblood of the Victorian economy. We want to The easy answer would be to say that this is the system do everything we can as a government to work in put in place by the previous Liberal government. partnership with local councils to grow this significant Nevertheless, the issue that the member has raised is an sector to promote investment and jobs. important one, and we should see if we can attempt to accommodate some of the matters that have been Mr PANDAZOPOULOS (Minister for raised. Tourism) — The member for Macedon referred to the very popular harvest festival at Hanging Rock and In his contribution as I heard it the member indicated sought an opportunity for tourism promotion of the that the daughter of a constituent from Tocumwal had festival, which is to be held in late February next year, a purchased a ticket on a tram on the first part of the perfect time of the year to run a harvest festival. journey and then purchased a ticket from a shop for the second part of the journey. The ticket purchased on I again commend the member, who does not miss an board the tram would have been validated as part of the opportunity to pursue funding for events and tourism same process. That is not the case when a ticket is activities that are held in her electorate. It is a great purchased from a retail outlet or a railway station. This location to showcase Victorian food and produce. This has been an essential element of our ticketing system is a great gesture by the locals in promoting food and since it was introduced by the then transport minister, wine that is produced not only locally but all around Alan Brown. Victoria, with a particular focus on a lot of small operators. I could not think of a better spot to have it When you purchase a ticket on a tram, following a than in that fantastic Harvest Picnic reserve area. recent innovation you are reminded that you must always validate your ticket. That is printed out when The member is aware that we have, compared to the you engage in the validation process on board the tram, previous government, significantly increased our but a reminder is not provided when you purchase a ADJOURNMENT

Wednesday, 5 November 2003 ASSEMBLY 1575 ticket from a shop. However, there is plenty of If there are individuals or groups that might want the notification of that on board trams and at railway matter further explained, they could come to us through stations. On each Metcard ticket there is the number of the member’s electorate office and we would be happy the Metcard helpline so that if you are unclear about to deal with that as the preferred way, from the your obligations you can make telephone inquiries. government’s point of view, of helping to facilitate the appropriate level of dialogue, particularly given the I will ask the director of public transport’s office to see high non-English-speaking component of the Keilor if there is another way in which we could make the electorate. Coming from the Thomastown electorate, I information available, particularly for casual users of understand the need to make sure the information is our public transport system. Perhaps in the longer term contained in languages other than English. we may have it permanently printed on the Metcard ticket itself. Then irrespective of whether the ticket was I understand that the information bulletin that was bought from a retail outlet, a vending machine, a circulated had information in Greek, Italian, railway station retail outlet, on board a tram or from one Vietnamese and Bosnian as the most appropriate of the roving conductors, the information might be community languages there other than English, and that contained permanently through a printed piece of is appropriate because they are the languages of the advice on the Metcard ticket rather than a bit of advice community. on the back that flows from the validation process in the first place. The member for Bulleen and the member for Mildura raised with me the multipurpose taxi scheme, as did the The member for Murray Valley indicated that this member for Bass raise it with the Premier. It is particular instance had already been subject to a series important for people — — of appeals through the appeal process within the department and through the tram company. If those Mr Smith — On a point of order, Acting Speaker, I processes have not been exhausted, then I am prepared asked the question of the Premier and I want a response to have them exhausted. from the Premier. I want a response from someone who cares about these disabled people. It has always been my policy, and I think the policy of previous transport ministers, not to intervene in the Mr BATCHELOR — On the point of order, I resolution of ticketing disputes but to pass them over to acknowledged in my contribution that the honourable the department for resolution. We do not entertain member had directed his question to the Premier. The resolving them in the office but rather we ask the member clearly was not listening. He has shown little department to do that. If there is an avenue open for that or no regard for this issue at all, and has just come in appeal consideration outside the ministerial office, I am here to make a cheap and nasty political statement. That prepared to have that passed on. If the member makes is the pattern and history of the member for Bass; he those details available to me, I can do that. does not care about these sorts of issues, but just comes in here in a grubby, sleazy way. He ought to go back to The member for Keilor raised with me an important the upper house where he belongs. issue, and he raised it in the context of congratulating me. The member for Keilor ought to be congratulated The ACTING SPEAKER (Mr Nardella) — himself for such an astute observation. I am thinking of Order! On the point of order, the normal custom is that getting Daily Hansard tomorrow, copying it and only the minister at the table can respond on behalf of spreading it out widely! other ministers to matters raised for the attention of other ministers. In this particular case I advise the Ms Allan interjected. Minister for Transport that the matter referred to the Premier should not be answered by the Minister for Mr BATCHELOR — Don’t laugh, you would do it Transport, but referred to the Premier by the minister at too if someone congratulated you! This is the first time. the table — that is, the Minister for Education Services.

The member raised the important issue of proper Mr BATCHELOR — Good ruling. That is what I communication between Vicroads and his local said in my introduction I was doing. community about the best and most desirable way to provide access on to the Calder Highway and The multipurpose taxi program is a good program that alternatively from the Calder Highway into the various has been in place for some time. The government has suburbs. We have already put out an information recently made an announcement about some bulletin and presumably have plans to do that in the modifications it is making to the program in order to resolution of this issue. maintain its long-term viability and sustainability. The ADJOURNMENT

1576 ASSEMBLY Wednesday, 5 November 2003 changes will be directed towards assisting people in our In relation to the inquiry from the member for Bulleen, community who are unable to use public transport we are intending to establish a review panel which will because of a severe or permanent disability, and its assess the special circumstances of members who may ongoing operation and continued viability is require an additional subsidy above the $550, such as fundamental to this government’s social policies. people who may be accessing education or employment However, the multipurpose taxi program was in danger or day training. I think the member for Bulleen raised of not being directed towards to those who most need it. the issue of employment, and we will set up a review panel to deal with those types of circumstances. It is interesting to note that the Victorian program is three times larger than the program in New South Honourable members interjecting. Wales — that is, three times the number of people use it. It is also interesting to note how the program has The ACTING SPEAKER (Mr Nardella) — grown over time. In 1984 it had 34 900 members, and Order! Some honourable members are out of their in the financial year 2002–03 it had some seats, and I am having great difficulty hearing the 183 000 members. The program has been growing at answer from the minister. The minister, without more than 6 per cent per annum. assistance.

During the course of last year some 13 000 of the cards Mr BATCHELOR — You would not be surprised, which provide the entitlement to the subsidy were lost. Acting Speaker, to know that some of these issues that The government proposes to make a number of changes have been raised by the Liberal Party have been raised that will protect the integrity of this scheme and not out of genuine concern but for political reasons. maintain it for those who are most in need. It is unashamed of directing this scheme towards those who Mr Smith — On a point of order, Acting Speaker, I are in need, and it will continue to do that. resent the remark the minister has just made. I do care about the people. I serve on the board of the disabled Some changes will be introduced and these will apply group down in Wonthaggi, and I visit regularly at to new members, but other changes will apply to some Minibah over at Pakenham. I do care; you bloody existing members. The issue of the cap was raised by don’t! the members for Mildura and Bulleen. The government proposes that there be a cap in the subsidy — and this The ACTING SPEAKER (Mr Nardella) — does not preclude members of the multipurpose taxi Order! There is no point of order. program using taxis — but the subsidy cuts out in the Mr BATCHELOR — It is also worth noting that calendar year period after the subsidy has exceeded the cap will not apply until 1 July next year. We have $550. Currently about 11 per cent of people using the announced this now so there is plenty of time to resolve scheme use more than the $550 subsidy each year. individual cases where people may want to have access It is interesting to note, however, that the average to the review panel. We are going to make provision for subsidy per trip is $7.11. That is derived from an people to be able to put their individual and special average subsidy of $6.44 for non-wheelchair users, and cases, if they exist, before that review panel to see if $12.28 for wheelchair users, which is because of the there are ways of accommodating those special cases. lifting fee. The average annual subsidy per But this was a difficult decision. It was a decision taken non-wheelchair user is currently $262. to make sure that the scheme continues to deliver Some 5.5 million trips are funded by the program each benefit to those who are most in need; that it is directed year. The average number of trips per user is currently towards those members of our community who need 41 per annum. It is estimated that about 1 per cent of help now and will need that to continue into the future. the members of the scheme are currently in the paid If we were not able to take this sort of action, the work force. We have indicated that there will be a scheme would have continued to increase and grow $550 subsidy cap on existing members, but it does not beyond the capacity of this or future governments to apply to people who permanently require wheelchairs. fund it. We believe that the changes are timely. There is So if the inquiries that have come in are from people plenty of lead time in which to implement those who are currently in the scheme and currently changes, and that will look after those members of our permanently require a wheelchair, the cap will not community who are most in need. apply to them. Ms ALLAN (Minister for Education Services) — The member for Carrum raised a matter with me regarding antibullying strategies within our schools and ADJOURNMENT

Wednesday, 5 November 2003 ASSEMBLY 1577 has asked me to take action to share best examples of at the best examples because there are some good antibullying strategies in our schools around the state. examples in our schools. At the moment schools are required to have antibullying codes of conduct, but I would like to thank the member for Carrum for raising there are instances where we can do better and we can this important matter with me this evening. Bullying is look at schools such as Aspendale Gardens Primary a serious issue that unfortunately does occur in many School. institutions in our society and in many different workplaces as well. Schools are not immune from I note also another school that I visited last week, Belle incidences of bullying. As I said, it is something that Vue Park Primary School, that has an outstanding the Bracks government does take very seriously. record in this area. In the last five years it has reduced the incidences of bullying by 70 per cent. I think that is It is important that we recognise that bullying is a a fine example. It has put in place a number of complex issue. It is something that has a number of strategies involving the school community, students, forms. It can be physical abuse or verbal abuse. parents, teachers and the school council to address this Particularly in the case of young people they can be issue. acting out behaviour they have seen on the TV or in their own homes, or they can have their own serious I will be taking up the issue most strongly. As I said, it issues. That is why it is important that the matter is is one that the government does take seriously. All raised and why the member for Carrum has raised it members of society need to address it. Wherever there and that we do look at schools that are tackling this is bullying, whether it is in the workplace or in our issue head-on. The example that the member for schools, we need to identify it and stamp it out at every Carrum gave of the Aspendale Gardens Primary School opportunity. Unfortunately, too often young people act use of the Buddy Bear program that has been out behaviour that they may see adults undertaking. We introduced by the Alannah and Madeline Foundation is have to tell them that that is not acceptable, but we also a very good example of strategies that are being put in have to equip our young people to be resilient and to place at the local level to combat this issue. recognise where bullying may occur and give them the strength to combat it in the schoolyard. Last Sunday I attended the first ever national conference on bullying that was hosted jointly by the The members for Bass and Mornington raised matters Alannah and Madeline Foundation and the National for the Premier, and the member for Mitcham raised a Coalition against Bullying. This was a very important matter for the Minister for Planning. I will refer those conference. It was the first time that all those people matters to those ministers for their attention and action. had been brought together to discuss the issue. A lot of the attention at the conference was on young people. At The ACTING SPEAKER (Mr Nardella) — the conference the National Coalition against Bullying Order! The house now stands adjourned. was formed, and it was launched by Chief Justice House adjourned 10.59 p.m. Alistair Nicholson of the Family Court. It is important to recognise the role that the Alannah and Madeline Foundation has played in bringing this issue to the forefront. This organisation was established in the awful aftermath of the Port Arthur massacre by people who wanted to say, ‘Enough is enough. We have to tackle this issue head-on and in many cases we have to start with young people’.

The Bracks government supported the conference. It was a sponsor of the conference, as indeed was the federal government. My federal colleague the Minister for Education, Science and Training, Brendan Nelson, spoke at the conference, as did I. We both committed ourselves and our governments to addressing this issue, which is why I am pleased to inform the member for Carrum and other members of the house that the government will be looking at the best examples of antibullying strategies in our schools. I will be hosting a number of antibullying forums around the state to look

1578 ASSEMBLY

PETITIONS

Thursday, 6 November 2003 ASSEMBLY 1579

Thursday, 6 November 2003 tourist season it is not uncommon for traffic to bank up Truemans Road for kilometres, contributing directly to both increased driver stress and irrational risk-taking behaviour. The SPEAKER (Hon. Judy Maddigan) took the chair at 9.34 a.m. and read the prayer. Your petitioners therefore pray that the Minister for Transport fund the installation of either a set of traffic lights or roundabout at the intersection of Point Nepean Road and PETITIONS Truemans Road in the suburb of Tootgarook as a matter of urgency. Urgency is added by the fact that an additional Following petitions presented to house: 25 000 vehicle movements are expected during the four-day Australian Open golf tournament at Moonah Links golf Knox: rates course in November 2003. And your petitioners, as in duty bound, will ever pray. To the Legislative Assembly of Victoria: By Mr DIXON (Nepean) (79 signatures) The petition of residents and ratepayers who reside in the City of Knox draws to the attention of the house that Knox City Laid on table. Council has increased its rates by a stated average of 17.3 per cent which has had the effect of increasing rates by amounts of up to $1000, or more than 100 per cent in many Ordered that petition presented by honourable member cases, causing hardship and distress to thousands of its for Ferntree Gully be considered next day on motion of residents and that they have done this without proper and Ms ECKSTEIN (Ferntree Gully). thorough consultation. Prayer PAPERS The petitioners therefore request that the Legislative Assembly of Victoria sack the Knox City Council and Laid on table by Clerk: institute fresh elections as soon as possible with the objective Adult Parole Board of Victoria — Report for the year of implementing a fairer system of rates distribution. 2002–03

By Ms ECKSTEIN (Ferntree Gully) (20 signatures) Ambulance Service Victoria — Metropolitan Region — Report for the year 2002–03 Chisholm Institute of TAFE: child-care facilities Central Highlands Region Water Authority — Report for the year 2001–02 To the Legislative Assembly of Victoria: Crown Land (Reserves) Act 1978 — Section 17DA Order The petition of residents of Victoria points out to the house granting under s 17D a lease by the City of Greater Geelong Chisholm Institute of TAFE has announced it will close its five child-care centres on the 19 December 2003. We believe Dental Health Services Victoria — Report for the year this decision discriminates against students who need on-site 2002–03 child care in order to commence, continue or complete their Federation Square Management Pty Ltd — Report for the studies. The child-care service is also a valuable resource to year 2002–03 the greater community. Therefore we are petitioning to keep the Chisholm Institute child-care centres open. Financial Management Act 1994:

And your petitioners, as in duty bound, will ever pray. Report from the Minister for Agriculture that he had received the 2002–03 annual report of the Victorian Ms LOBATO (Gembrook) (950 signatures) Broiler Industry Negotiation Committee

Point Nepean–Truemans roads, Tootgarook: Report from the Minister for Agriculture that he had not safety received the 2002–03 annual report of the Northern Victorian Tomato Industry Development Corporation To the Honourable the Speaker and members of the Board Legislative Assembly in Parliament assembled: Reports from the Minister for Environment that he had The humble petition of the undersigned citizens of the state of received the 2002–03 annual reports of the: Victoria sheweth: Barwon Regional Waste Management Group That the intersection of Point Nepean Road and Truemans Calder Regional Waste Management Group Road in the suburb of Tootgarook is unable to safely cope with the peak tourist season traffic volume between the Central Murray Regional Waste Management months of September and May. Group Desert Fringe Regional Waste Management Group It is often difficult to see oncoming traffic when entering Point Nepean Road from Truemans Road and during the peak Eastern Regional Waste Management Group BUSINESS OF THE HOUSE

1580 ASSEMBLY Thursday, 6 November 2003

Gippsland Regional Waste Management Group The following proclamations fixing operative dates Goulburn Regional Waste Management Group were laid on the table by the Clerk pursuant to an order Grampians Regional Waste Management Group of the house dated 26 February 2003: Highlands Regional Waste Management Group Business Licensing Legislation (Amendment) Act 2003 — Mildura Regional Waste Management Group Remaining provisions on 1 November 2003 (Gazette G44, 30 October 2003) Mornington Peninsula Regional Waste Management Group Port Services (Port of Melbourne Reform) Act 2003 — North East Victorian Regional Waste Management Remaining provisions of Part 3 and Part 4 on 3 November Group 2003 (Gazette G44, 30 October 2003) Northern Regional Waste Management Group Travel Agents (Amendment) Act 2003 — Sections 5 and 7 on 1 November 2003 (Gazette G44, 30 October 2003). South Eastern Regional Waste Management Group South Western Regional Waste Management Group BUSINESS OF THE HOUSE Western Regional Waste Management Group Adjournment Report from the Minister for Health that she had received the 2002–03 annual report of the Radiation Mr HULLS (Attorney-General) — I move: Advisory Committee

Melbourne Water Corporation — Report for the year That the house, at its rising, adjourn until Tuesday, 2002–03 18 November 2003.

Members of Parliament (Register of Interests) Act 1978 — Motion agreed to. Cumulative Summary of Returns 30 September 2003 — Ordered to be printed MEMBERS STATEMENTS Murray Valley Citrus Marketing Board — Report for the year 2002–03 Geelong Breastscreen: 10th anniversary National Gallery of Victoria — Report for the year 2002–03 Mr LONEY (Lara) — I want to recognise this National Parks Act 1975 — Report on the working of the Act morning the 10th anniversary of Geelong Breastscreen, for the year 2002–03 which was established in 1993 by the then federal Ombudsman — Report of the Office for the year 2002–03 — Labor government as part of a national program, Ordered to be printed Breastscreen Australia, following research that a population-based screening service for women in the Overseas Projects Corporation of Victoria Ltd — Report for the year 2002–03 50 to 69 year age bracket could reduce deaths from breast cancer by up to 30 per cent. The service, which Rural Ambulance Victoria — Report for the year 2002–03 was opened by Mrs Anita Keating, has proved to be an Rural Finance Act 1988 — Direction by the Treasurer to the extremely valuable addition to Geelong’s health Rural Finance Corporation to administer a Financial services and has without doubt saved the lives of many Assistance Scheme to the Northern Region women in the region and contributed to better lives for many others. Statutory Rules under the following Acts:

Association Incorporation Act 1981 — SR No 128 Over its 10 years of excellent service, the centre has established the leading participation rate in Victoria — Business Names Act 1962 — SR No 127 a record that it is hoping to better. As part of its Country Fire Authority Act 1958 — SR No 130 10th anniversary week, Geelong Breastscreen will be Estate Agents Act 1980 — SR No 126 holding various activities, including an information Metropolitan Fire Brigades Act 1958 — SR No 129 display at Corio Village from Monday to Wednesday Motor Car Traders Act 1986 — SR No 125 next week; a women’s wellness workshop at Geelong conference centre on Saturday, 15 November; and a Travel Agents Act 1986 — SR No 124 birthday cake and balloons at the Geelong and Belmont Subordinate Legislation Act 1994 — Minister’s exemption sites. certificates in relation to Statutory Rule Nos 124, 125, 126, 127, 128. Geelong Breastscreen has made a valuable contribution to health services throughout the region. On behalf of all people in Geelong, particularly those in my MEMBERS STATEMENTS

Thursday, 6 November 2003 ASSEMBLY 1581 electorate, I congratulate Geelong breast screen on its represented. I was happy to show the attendees a camp 10 years of service to Geelong women. shirt from Reg Toseland with Pan-Pacific jamboree badges from 1956. My son, Matthew, is a cub at Shop trading hours: Easter Sunday 1st Mount Evelyn scout group and the shirt belongs to his great grandfather. Mr SMITH (Bass) — Here we go again! We have the Bracks government doing another Bracksflip on Dr Hardy and his former leaders, Jim Evans and Alex shop trading hours against the will of the people of Dick, cut the huge chocolate birthday cake, which Victoria at Easter time. After changing the rules and everyone enjoyed. Special thanks to Jo Goodwin and causing total confusion last Easter Sunday, the the committee for their efforts in making this government is again going to confuse the issue by 75th birthday celebration a memorable occasion. Well changing the number of people employed by a business done! who can work on Easter Sunday. Shop trading hours were okay before the Bracks government, which has HM Prison Won Wron: future been bought off by the Shop, Distributive and Allied Employees Association with huge campaign donations Mr RYAN (Leader of the National Party) — On and has changed the game. Monday this week I had the great pleasure of attending the Devon North Primary School. Members will know People like to shop over Easter. Shopping fills in the that this beautiful school nestles along the road on the day and the weekend; but no, the government could not way to the magnificent Tarra Valley in Gippsland. The have that. It decided, ‘Let’s cause confusion; let’s take school principal is Helen Dwyer. I went to the school to away people’s rights to shop when they want; let’s get talk to the students about matters of mutual interest. the police to charge people for trading when they want to trade’. Now, of course, the government is planning to The school had invited me to attend on Remembrance bring in its own union thug inspectors because the Day, but I will be at the shrine on that day, so I went on police were not tough enough. This government should Monday. I asked the students to tell me about the sorts understand that things have changed. People like to of things that are of concern to them in their area. They shop seven days a week and should not be restrained nominated the closure of the Won Wron prison. They from doing so because the government’s union mates said this was of great concern to them. They outlined to do not want them to. me a number of options of uses to which the prison could be put if the government closes it in the way that 1st Mount Evelyn scout group it says it will.

Ms McTAGGART (Evelyn) — The 1st Mount Those options include making the facility something for Evelyn scout group celebrated its 75th birthday on backpackers, a wildlife reserve, a school camp, a bed Saturday, 25 October. I was delighted to be part of the and breakfast facility, a general camping ground, a bike official ceremony for the unveiling of the track, a special school, a tourist attraction, a hotel, a commemorative plaque. The official party included the bank, a storage centre, a training centre for the army, a chief commissioner of Australia, Mr John Ravenhall; sports training facility, an athletics centre, a heated the chief commissioner of Victoria, Mr Alston Park; swimming pool facility, an aged-care facility, a pony and the 1st Mount Evelyn group leader, David club and an air training centre. These were suggestions Ackroyd. by the children at the Devon North Primary School, and they are a hell of a lot more than this government has This was a day for many past members of the group to put forward for the Won Wron prison as it now is. reminisce on their time with the 1st Mount Evelyn What is the government going to do with that facility scout group. Dr Bill Hardy, a Mount Evelyn icon, for now and for the future? reflected on his time as group scout leader from 1948 to 1955, and gave the young cub members some history Melbourne Airport: international award on Lord Baden Powell and the Mafeking tree, which is planted in Lilydale. We had the pleasure of two former Ms BEATTIE (Yuroke) — It is with great pride Queen scouts attending and the handing back of the that I represent the electorate of Yuroke, which houses original senior scout flag prior to the introduction of Melbourne’s great 24-hour curfew-free airport. Venturers. Melbourne Airport is the cornerstone of our successful Victorian tourism industry. This has been evidenced The hall was decorated in memorabilia from the last over recent weeks as hordes of tourists have passed 75 years, and the current scout group was well through my electorate on their way to feast on the MEMBERS STATEMENTS

1582 ASSEMBLY Thursday, 6 November 2003 world-class sporting extravaganzas, such as the Spring the wards are modernised, they will provide a $300 000 Racing Carnival and the Rugby World Cup. per year saving in productivity efficiencies, better facilities for patients and better working conditions for In the first half of this year alone traffic growth through staff. I urge the minister to visit Warrnambool Hospital the airport was up 7 per cent as a result of continued during the break in the parliamentary session and see its success in domestic travel. In recent weeks we have needs first hand. seen a boost of 16 per cent in international seats to Melbourne. Association of Ukrainians in Victoria: Noble Park anniversary Melbourne Airport staff are committed to increasing tourism throughout Victoria and improving services for Mr ANDREWS (Mulgrave) — On Sunday, both domestic and international travellers. In June the 19 October, I was pleased to attend a significant chief executive officer, Chris Barlow, was honoured celebration in my local community. It was the when Melbourne Airport became the first Australian 40th anniversary celebration of the Noble Park branch airport to receive an International Air Transport of the Association of Ukrainians in Victoria. Association Eagle award, with the airport’s management practices and commitment to its The Noble Park branch of the AUV was founded on passengers being recognised at a ceremony in 5 May 1962, which was followed by the purchase of Washington, DC. Eagle awards are presented annually land at 26 Chandler Road, Noble Park, in my electorate to an airport that provides value for money and high in 1963. Since these humble beginnings some 40 years levels of service to its international airline customers ago the Noble Park branch of the AUV has made a and demonstrates a commitment to improved great contribution to our multiculturalism. The productivity in its activities. Ukrainian community centre and school in Chandler Road is a credit to the local Ukrainian community. So I am proud to acknowledge Melbourne Airport and its too is the ongoing work of the many volunteers who staff for that wonderful achievement and for the serve on the committee of management. excellence they have continued to manifest through the recent difficult period in the aviation market. I pay tribute to the president, Mr Eugene Stefyn, and his colleagues, the committee of management members, Warrnambool Hospital: facilities who continue a tradition of hard work and great dedication. This important work includes an ongoing Dr NAPTHINE (South-West Coast) — I urge the program of social and welfare events which features Minister for Health to visit the Warrnambool Hospital such things as discussion evenings, traditional and see for herself the urgent need for a major Ukrainian music, Ukrainian history and Ukrainian redevelopment of the existing outmoded ward Australian history, the Noble Park branch men’s choir, accommodation. In particular the minister should theatre and opera productions, film screenings and inspect the maternity ward, which I visited recently, many other welfare and support services. where dedicated staff and young mothers have to use facilities that were built in 1938. The other wards in the The Noble Park branch can be proud that in 40 years of hospital are now 40 to 50 years old and have outmoded hard work it has maintained Ukrainian language and long corridors. They are small, crowded wards without culture well and made a significant contribution to the modern toilet and shower access, and they are totally diversity that makes my local community such a special wrong when it comes to ease of operation and good, place to live. My congratulations go to the Noble Park safe nursing practice. branch and the broader local Ukrainian community. The Warrnambool Hospital is recognised in the health Innovation Economy Advisory Board: sector as having the worst ward accommodation in composition Victoria. Despite these poor facilities the staff are of the highest quality and do an outstanding job in these Mr KOTSIRAS (Bulleen) — I stand to condemn difficult circumstances. Last year the hospital treated the Minister for Innovation for refusing to provide me 15 736 acute patients, and it is a specialist referral with full answers to questions on notice. This is a centre for 100 000 people. minister who is happy to jump on the bandwagon when things go well, but refuses to accept blame when In 1997 the previous government spent $5.5 million on companies shut their doors and go interstate or a new emergency department and operating theatres. overseas. This is a minister who is comfortable when he Now it is time to redevelop these outmoded wards. If is surrounded by his advisers and advisory boards who MEMBERS STATEMENTS

Thursday, 6 November 2003 ASSEMBLY 1583 are there to provide him with the information and some choppy and they had to alter the course a number of vision for the future. times, but we ultimately did have a winner. Once again congratulations to everybody involved. I recently asked the minister to advise me of the 2003–04 budget for the Innovation Economy Advisory Board. Taxis: multipurpose program The minister refused to provide me with the figure. When I asked the minister which members of the board Mr COOPER (Mornington) — I am disgusted and had been absent from the meetings, once again he dismayed at the funding cuts that will be imposed by refused to provide me with the details. Instead the the Bracks government on the multipurpose taxi minister said: service. These funding cuts to an essential service for the aged and disabled have been insultingly labelled as Given the high level membership of the board, attendance has a modification by the insensitive and uncaring Minister been very pleasing, with approximately two-thirds of members attending each time. for Transport in a press release he issued on 17 October. What a sad answer from a person who hopes one day to be Premier. He was the one who announced the board While the Minister for Transport cuts funding to the on 11 December 2002 with much fanfare, and now he aged and the disabled, the government wastes millions is unable to get all the members together for one single of dollars in other areas and does precious little to rein meeting, even though there have only been three in that waste. This heartless slashing of funding for the meetings so far. multipurpose taxi service comes on top of the so-called productivity cuts of 1.5 per cent which the Bracks I am advised that Queensland has a similar board that government has imposed on welfare and community has 16 members, New South Wales, 12 members, service providers throughout the state. Cuts to other Western Australia, 13 members, and Tasmania, areas of funding for the disability sector have also 18 members, but in Victoria we have a board with occurred, like the failure of the government to provide 26 members. It is simply unworkable. funds for the implementation of its own state disability plan. Only a few weeks ago I drew that matter to the Ballarat Spring Fest attention of the house in regard to its dramatic financial effect on the Wongabeena Association at Rosebud. Ms OVERINGTON (Ballarat West) — Last weekend Ballarat Spring Fest was held for the eighth The Minister for Community Services was then forced time. Spring Fest is a carnival and gathering held at to admit that she has no money to fund her highly Lake Wendouree which invites stallholders, whether publicised disability plan. What a disgrace. It is now community or commercial, to demonstrate and sell their crystal clear that the aged, the infirm and the disabled products and produce to the public. Once again come a very bad last on the priority list for the Bracks approximately 25 000 people attended, many coming government. There is widespread disgust across from across the state. That was very evident from the Victoria, and rightly so, over the way in which the most buses parked in the car park. vulnerable sectors of our community are being dealt with by this uncaring and incompetent state The spring fest is organised by Ballarat Rotary Club, government. and I congratulate the president, John Furness, and the members on another success for Ballarat. Most of the Australian Broadcasting Corporation: future funds raised will go toward the new dialysis unit at Ballarat Health Services. Not only do the organisers Mr HARKNESS (Frankston) — I am a loyal and encourage other community groups to hold stalls to dedicated friend of our national broadcaster, the raise funds for their individual groups, many take the Australian Broadcasting Corporation. I was brought up opportunity to do so and make it their major fundraiser on a diet of ABC radio, and now from Red Symons at for the year. 5.30 a.m. until Tony Delroy’s quiz at midnight; along with The Bill, Kath and Kim and Lateline, I am a The spring fest is held around the foreshore of Lake persistent consumer of ABC programming. In addition Wendouree, and this year it attracted 400 stallholders. I am sure that there are many members of this place One of the highlights of the spring fest is the annual who have children who enjoy the Teletubbies, Rugrats Courier great Australian duck race, where people and Playschool. Many of the popular shows on purchase yellow plastic ducks for a price. All of this commercial channels — programs such as Good News money will again go to the dialysis unit. The water on Week and Roy and HG — originated on the ABC. Lake Wendouree over the weekend was a little bit MEMBERS STATEMENTS

1584 ASSEMBLY Thursday, 6 November 2003

Therefore I was horrified to read an article in the year’s registration and car insurance, put brand new Sunday Herald Sun last Sunday, 2 November, tyres on the car and generously provided the family indicating that the Liberal Party wants to flog off our with a fuel card which allowed them the first 12 months national broadcaster. The party’s Frankston East branch worth of petrol free. They also provided a ramp so that wants the ABC to be sold. We know that the Liberal Sean can get in and out of the car by himself. Party does not like the ABC. It inflicted John Howard’s best mate, Donald McDonald, on the ABC by making The National Heartbeat Convention was being held on him chairman, and it dumped Peter Costello’s best the same weekend, and during a bus trip $250 was mate, Michael Kroger, onto the board as well. donated and given to Sean as the bus passed the lake. I received a letter from Sean, his mum, Tania, and dad, The Liberal Party in Victoria has form for flogging off Grant, asking me to pass on their thanks and saying that our best assets: it flogged off electricity and gas, and it Sean loves his car. I know they greatly appreciate the would have sold water too if it had had the chance; and wonderful efforts and generosity of the Shepparton it is committed to destroying Point Nepean. Now it Apex Club. wants to exterminate the ABC! I understand this will be debated at the party’s state council meeting in Mordialloc-Mentone Lions Club Shepparton next weekend. I call upon the federal Liberal member for Dunkley to pull these nuff-nuffs in Ms MUNT (Mordialloc) — On 22 October I his Frankston East branch into line and tell them that attended the Lions Club of Mordialloc-Mentone Youth the ABC is not for sale. If the state council of the of the Year dinner at the Victorian Aero Club at Liberal Party will have him, the Liberal opposition Moorabbin Airport, where I assisted with the leader should tell the delegates that he does not support presentation of awards, and my son Ian Munt, a the mutilation and annihilation of the ABC. previous state finalist, was guest speaker.

We know the opposition will do or say anything to get The Youth of the Year quest is run by the Lions and is a headline. How about, ‘Liberal defends the ABC.’? designed to encourage student interest in leadership and We know that will never happen! I am committed to the qualities required to take an active and constructive standing up for Frankston and for the ABC. role in the community. The evening was for club judging. There were four excellent entrants, who were Shepparton Apex Club: fundraising record judged on public speaking, academic achievement and general knowledge. Mrs POWELL (Shepparton) — I pay tribute to the Shepparton Apex Club, which raised money for a great Stephanie Garbon from Mentone Girls Secondary cause and broke a world record at the same time. On College, Ashuind Prabahran from Mentone Boys 4 and 5 October this year the Shepparton Apex Club Grammar, Natalie Fode from Kilbreda College and pushed a boat and trailer 150 kilometres around Sarah Disher from Parkdale Secondary College were a Victoria Park Lake for 24 hours to raise money to credit to themselves, their families and their schools. purchase a vehicle for the family of Sean Calley. My They gave thoughtful and intelligent presentations, and husband, Ian, and I joined the Apex Club at the lake to they all already had an impressive record of academic watch the members walk a few laps at some very late achievement and social service. hour on Saturday night. Peter Clifton, Sue Zacharin and Rozlyn Neale had the Sean Calley is a very bright, brave 11-year-old unenviable task of judging these young adults, and Shepparton boy who had transverse myelitis, which is a Sarah Disher will now move on to the next level of the severe and life-threatening disease which attacked competition. I offer my congratulations to her and to the Sean’s spinal cord. Over the years he has been other contestants for their very high standard. recovering, but now sadly Sean is a paraplegic, and may spend the rest of his life in a wheelchair. A new I also take this opportunity to congratulate the car was needed for Sean’s family because the car they Mentone-Mordialloc Lions Club, which worked hard to owned was too small, and Sean could not get in and out organise this night, and especially the club secretary, of it by himself. Dennis Wattie, and the president, Peter Hudson. The club also raises valuable funds through its many The Shepparton Apex Club decided to help, and these fundraising activities, including an opportunity shop in wonderful volunteers raised $21 000 in cash and $5000 Mordialloc, the proceeds of which are used in its many in other donations, and bought an almost-new Ford services to our community. six-seater station wagon. The club also paid the first MEMBERS STATEMENTS

Thursday, 6 November 2003 ASSEMBLY 1585

Cec Burgin Mauritius and Australia. A commemoration of members who have passed away over the years was Mr MULDER (Polwarth) — I wish to pay tribute included. this morning to a former member of Parliament for the electorate of Polwarth, Cec Burgin, who passed away in Other information was shared about Mauritian Queensland on 1 November aged 80 years. I send my contributions to Australia, including the fact that it was condolences to his widow, Peg, and children, Barry and a base for exploration of Australia’s coastline going Karen. back to Abel Tasman in 1642. Mauritians also contributed highly skilled planters and sugar chemists Upon leaving school Cec joined the Royal Australian who were crucial to the establishment of Australia’s Air Force. He returned home in 1947 after completing a sugar industry. number of overseas missions, and from that point on Cec worked as a grazier in Port Campbell. Cec was a I was pleased to have been in the company of Mr Harry dedicated member of the Timboon Returned and Jenkins, the federal member for Scullin, Mr Richard Services League; his work with legatees and those Hammerton, the consul for Mauritius, and local disadvantaged because of military service overseas is councillors. well documented. I congratulate the Northern Mauritian Seniors Club for Cec was a founding member of the Heytesbury Land having reached this important milestone and wish it Settlement Advisory Committee, captain of the local many more successful years. I look forward to working fire brigade and member of the hospital board. He with the members for the success of the club in the became a Heytesbury shire councillor in 1953, where future. he served until 1963, including a term as shire president in 1960. Narracan: anniversaries

In his role as member for Polwarth, Cec fought for the Mr MAXFIELD (Narracan) — In the last few days rights of farmers, dissecting and debating each piece of there have been notable celebrations in my electorate. legislation that affected them. Cec was fighting for the First of all there was the 100th anniversary of Drouin viability of agriculture in the south-west. During his Croquet Club. It has served the community very well. time in Parliament Cec served on the Road Safety My grandmother, who was a life member of the club, Committee, the State Development Committee and the found it very lonely out on the farm; her involvement Natural Resources and Environment Committee. He with the club expanded her horizons and made her left Parliament in 1985. retirement years far more enjoyable. The club should be congratulated; although it is a small group its efforts are Cec Burgin’s passion for the farming community and certainly appreciated by the wider community because the towns which relied on the fortunes of agriculture for it provides a wonderful social activity for those who are their wellbeing will always be seen as a lasting legacy involved. to the people of the south-west and Polwarth in particular. Another anniversary we celebrated recently was the 50th anniversary of St Andrews kindergarten in Northern Mauritian Seniors Club: Warragul. It has served the community very well. It has 10th anniversary been very dedicated, especially in the early days when there was limited funding. Ms D’AMBROSIO (Mill Park) — I am pleased to inform the house that on 18 October I had the pleasure of The third anniversary was the 40th anniversary of the attending the 10th anniversary of the Northern Mauritian Neerim Secondary College, which is a wonderful Seniors Club at the Spring Street hall in Thomastown. school. The former member for Narracan and former The club is most ably headed by Mrs Lagane-Moseley, Speaker, the Honourable John Delzoppo, was the president, and Mrs Ribot-Moutia, secretary, and a school president for 20 years. He gave a very moving dedicated committee of management. speech about his time when the school was created 40 years ago and his involvement with the school over The evening comprised a cocktail party, with food and many years. He was followed on the school council by a traditional Mauritian birthday cake. It provided an his wife, Beth Delzoppo, who also has had a strong opportunity for the Mauritian community, young and involvement with the school. It is a school with a great old, to display their art and craft. Also on display was a future. It is small enough to have a community feel to it, register of individual members’ stories and missives of MEMBERS STATEMENTS

1586 ASSEMBLY Thursday, 6 November 2003 but large enough to provide a great range of services also awarded the Federation medal for services to local and educational opportunities for the people — — government.

The ACTING SPEAKER (Mr Ingram) — Order! I had the pleasure of working closely with John, The honourable member’s time has expired. particularly in relation to his aim of having a new school for Napoleons. As a councillor he had shown the George Wilson vision to encourage the council to purchase a block of land adjacent to the old school, which now acts as the Ms LOBATO (Gembrook) — I wish to pay tribute entrance area to this new school. The Bracks to one of Berwick’s finest, George Pritchard Harvey government committed $1.4 million in funding for the Wilson. He was not only a resident of Berwick for all new school. Earlier this year the Premier came out to of his life but also an active and legendary figure in the open it, and John was there to celebrate that occasion. community. John was well liked and well respected by all who George Wilson’s family made one of the first purchases knew him. He committed his life to the area and to his of Crown land in Berwick in 1854. Just a couple of family. I convey my condolences to his wife, Gwenda, George’s contributions for the betterment of Berwick and his family. include his donation of some of the old quarry site that is now aptly known as Wilson’s Botanic Park and being Balibo Flag House, East Timor a former president of the Berwick show as well as life member. Mr HUDSON (Bentleigh) — Last Friday I had the privilege of acting as master of ceremonies for the I believe one of George’s final quests for the benefit of opening of the Balibo Flag House in East Timor. The others was to see the community’s acquisition of the ceremony was a community celebration involving over old Berwick Primary School site. I was thrilled to 2000 local people and around 200 overseas visitors and attend Berwick hospital with Cr Neil Lucas a few expatriates. It was also a long-overdue memorial weeks ago to inform George, along with his great mate, service for the families of the five journalists who were Bill Hudson, of the agreement entered into between the killed at Balibo. Most importantly, the speeches by the state government and the City of Casey to achieve open Premier and Dr José Ramos-Horta did not attempt to space for Berwick. George and Bill contributed hide the truth. According to eyewitness accounts, the $10 000 of their own money towards the acquisition. Balibo Five were murdered by the Indonesian military Whilst in hospital George informed me of his desire to and not killed in crossfire, as was claimed and so see the park named Pioneer Park. It is as if he had weakly accepted by successive Australian fulfilled his dream of seeing the historic site returned to governments. the community and felt that now he could rest. The ceremony culminated in the dedication of the It would be appropriate for the community to honour Balibo Flag House as a new community centre for the this legendary man, a Berwick pioneer, by granting his people of Balibo. Particular recognition should be given wish to name the park Pioneer Park. I send my deepest to those who were responsible for making the project sympathies to the Wilson family. happen: the Premier, who initiated this project; Dr Ramos-Horta; and Bernard Collaery, Ian Grey, John John McManus Milkins, Shirley Shackleton and Paul Stewart as trust members. Recognition should also be given to Randell Mr HOWARD (Ballarat East) — I wish to pay Fuller, Julia Hicks, Mark Bartoli and the young tribute to John Richard McManus, who died on graduates from Multiplex Constructions, together with Tuesday, 28 October, at the age of just 61 years. John over 40 Victorian companies that donated building was a councillor with the Golden Plains Shire, where he materials; and to Sue Coffey, Shalimar Vitan, Despina represented the Napoleons area. He was also a former Collios, Stacey Hume, Antonio Gonsalves and Fiona mayor of Golden Plains Shire. As well as that he was Hamilton from World Vision. Bernard Collaery also an active Country Fire Authority volunteer for more undertook all the legal work associated with purchasing than 35 years, being awarded the national medal for the house, free of charge. service to the CFA only a couple of days before his death. Then there was our own magnificent peacekeeping force, which provided the plumbers, electricians and In his working life he was a primary teacher for over other skilled labour to refurbish the house in 30 years, and his last appointment was as the principal conjunction with the local East Timorese. Together of Delacombe Primary School. Earlier this year he was ACCIDENT COMPENSATION AND TRANSPORT ACCIDENT ACTS (AMENDMENT) BILL

Thursday, 6 November 2003 ASSEMBLY 1587 they have created not only a fitting memorial to the The ACTING SPEAKER (Mr Ingram) — Order! courage of the Balibo Five but a practical community The honourable member’s time has expired, and the centre. time for members statements has expired.

The ACTING SPEAKER (Mr Ingram) — Order! The honourable member’s time has expired. ACCIDENT COMPENSATION AND TRANSPORT ACCIDENT ACTS Geelong: Worksafe Week (AMENDMENT) BILL

Mr TREZISE (Geelong) — It was with great Second reading pleasure that I opened Worksafe Week in Geelong last week. Worksafe Week has become a very important Debate resumed from 5 November; motion of event on the industry calendar as it effectively Mr HULLS (Minister for Workcover). highlights the issue of workplace health and safety, not only to industry but to the wider community. The Mr STENSHOLT (Burwood) — I rise to support message for Worksafe Week for 2003 is ‘Everyone can the Accident Compensation and Transport Accident make a difference’. This is a good message as it relays Acts (Amendment) Bill, as this very much fits in with to all that every person has the ability to influence the government’s policy of looking after injured workplace change for the better. This is a very workers and those who are victims of road accidents. It important message when one considers that last year is the policy of this government to make sure we look 34 people died in workplace accidents, with two-thirds after workers in respect of occupational health and of these deaths occurring in regional Victoria, despite safety, and we do that through fair and financially the fact that only one-third of Victorians live in those viable Workcover and Transport Accident Commission areas. (TAC) schemes.

On top of this, on average 600 people are injured at The government is serious about and committed to this, work every week. Numerous events were organised in and is fulfilling a commitment to address Workcover Geelong by Worksafe in partnership with industry and impairment benefits and implement a workplace local unions. The week culminated in a health and relations minister’s agreement to ensure consistent safety expo in Geelong, where 70 companies displayed treatment of workers who are temporarily working their own health and safety programs and initiatives. interstate. The bill also clarifies benefits and provisions The week was closed by the Minister for Workcover, in response to recent court cases. Rob Hulls, who I must say is a great minister and one This is quite a hallmark bill. I noticed that the Leader of who obviously is committed to workplace health and the National Party talked about these sort of things safety in Victoria. happening on a regular basis, but in this particular case I commend all the officers from Worksafe in Geelong, we are proving to be strong managers who are able to local companies and local unions for their efforts in make hard decisions in coming up with a financially organising last week’s Worksafe Week. It was a great responsible bill. We are prepared to act decisively to and effective week. protect the viability of the Workcover and the TAC schemes and will address the adverse impacts of three The ACTING SPEAKER (Mr Ingram) — Order! court decisions. This course is the responsible one in The member for Morwell has 30 seconds. preventing a significant one-off increase in liabilities across the board of about $160 million plus the Relay for Life: Latrobe Valley consequent annual costs. It is a matter of making decisions — of making an assessment and coming up Mr JENKINS (Morwell) — I pay tribute to Relay with a decision that looks after the workers and those for Life, which is an overnight team event that raises who are victims of accidents, while at the same time funds for the Cancer Council of Victoria’s research and ensuring the financial viability of the scheme. public education programs. It is not a competition but a participation relay for people of all ages and fitness I note that both the member for Kew and the Leader of levels. This year’s event will be Latrobe Valley’s the National Party talked about financial viability, and fourth. We have already raised $50 000 for cancer since they have raised it I will take the opportunity to research. The event will be held at the Joe Carmody respond. The annual reports show that the scheme has Regional Athletics Track in Newborough. been very strongly managed, particularly the Victorian Workcover Authority’s annual report. It is turning around the woeful management in the Kennett era. The ACCIDENT COMPENSATION AND TRANSPORT ACCIDENT ACTS (AMENDMENT) BILL

1588 ASSEMBLY Thursday, 6 November 2003 member for Kew and the Leader of the National Party An interesting point made by both the member for Kew talked about deficits, so let us get the record straight. and the Leader of the National Party concerned the recent court decisions. There have been three of these In 1998–99, the last year of the Kennett government, decisions. The first was the Connelly decision. This Workcover’s insurance operations lost $304 million. represents the actions of a prudent government that What was the result in the annual report in terms of makes decisions while at the same time protecting the insurance operations — plus $500 million! It is not very long-term viability and effectiveness of the scheme. hard to add that up — 500 plus 300 is an $800 million The Connelly decision, which was outlined by the turnaround on the insurance operations of Workcover. member for Kew, dealt with rounding up the So this is a change which illustrates the percentages. This brings that back into line, but it also mismanagement and hypocrisy of those opposite when provides some compensation and transitional benefits you compare the last year of the Kennett for workers. It is a matter of making sensible judgments government — when they were last in charge — with and balancing the relationship between the rights of the results now under the excellent Minister for workers and the ongoing viability of the scheme. Workcover. Similarly with the Transport Accident Commission and The only positive thing the opposition did when it was the McRitchie case in respect of the liability for living in government was to cut the rights and conditions of costs of those accident victims requiring full-time care, workers, and if it achieved any positive financial the response is a part-reversal of the decision and a benefits it was because it cut benefits to workers. part-restoration of what was in place before the Remember in 1992–93, when 10 000 workers lost their decision. The TAC will be paying the daily living costs entitlements and the finances of the scheme were of all the victims for 18 months. Following the court’s propped up by the cuts? We have re-established decision it chased up all its clients to ensure that they common-law rights for workers and the turnaround were paid and advised them that subsequent to this bill shows that the scheme has been very well managed in becoming legislation there will be an 18-month the last few years. We have got the fifth consecutive six transition provision. month write-down of projected claims liabilities by independent actuaries, resulting in the second There has been discussion in particular on the third successive actuarial release of $157 million for the decision, the Hegedis decision, in relation to the 2002–03 financial year. It has been well managed and significant contributory factor. In this case once again a well run under the present government. judgment has been made to look after the workers while at the same time looking after the long-term The bill covers a range of areas, particularly on viability of the scheme. It is a partial restoration, but impairment benefits, which follows the common-law also an acceptance that there is merit in providing working party’s 2000 report, where the government support for those who are injured at work. agreed to review the impairment system under Workcover. Under the previous assessment method — A number of other measures are also covered in the bill. that is, American Medical Association guide 2 — there I welcome the return-to-work provisions, which were were areas where the impairment percentages were formulated in conjunction with a return-to-work higher than under AMA guide 4. The bill will provide working group of stakeholders. Like others, I also an entitlement to statutory non-economic loss benefits welcome the group incentive scheme. In fact I have had below 10 per cent for some workers and increase the discussions about the scheme with some of the local benefits for those assessed to have between 10 businesses in my electorate and with some other and 30 per cent whole-person impairment. This will be businesses, telling them that this is quite a good an estimated increased liability of — I think the incentive scheme that will help them in the long term to member for Box Hill mentioned this — — lower the rate at which they pay insurance. However, I advised them that they must get out there and improve An Honourable Member — Kew. their occupational health and safety programs to ensure that none of their members puts the group at risk by Mr STENSHOLT — Kew, sorry. The estimated incurring worker injuries and raising the Workcover increased liability will be around about $30 million per levies for all of them. annum. This will raise the break-even rate about 0.04 per cent, and it will be absorbed within current I also support the cross-border changes in the bill. It is rates. always a good idea to get systems working nationally to ensure that there is integrity in the process throughout Australia so that people will not go forum shopping. In ACCIDENT COMPENSATION AND TRANSPORT ACCIDENT ACTS (AMENDMENT) BILL

Thursday, 6 November 2003 ASSEMBLY 1589 terms of forum shopping, I am concerned about the It is hard to see in five years time or as a result of the proposal for independent insurers to insure large-scale actuarial review, other than perhaps in the case of a businesses that the federal Attorney-General has complete financial collapse of the Workcover scheme, mentioned in various press releases and elsewhere. We that these benefits are going to be reversed. It seems to should make sure that we avoid that proposal, which be something of a sham, perhaps a bit of a face-saver would lower the integrity of the scheme. With those for the Treasurer, but it does result in very convoluted words, having expressed my views, I commend the bill and unsound public policy to introduce these measures to the house. but reserve the right to take them away again later.

Mr CLARK (Box Hill) — The member for Kew It is interesting that the government has put in these has canvassed the full breadth of this bill on behalf of reservations on the improved benefits, despite all the the opposition. I want to comment on only some protestations by the member for Burwood and others specific aspects of it. about the financial strengths of the Workcover scheme. The member for Burwood trotted out some I comment first on the changes to the non-economic number-crunching about losses on operations. What he loss benefits contained in the bill, particularly in ignores is that the fundamental dynamic that has been clause 8. As the Attorney-General said at some length operating in the Workcover scheme since 1999 has during the course of the second-reading speech, these been that when the current government introduced its are changes that are introduced for the time being but new common-law regime it also changed the cut-off for which provision has made been at several stages for period for the lodgment of the old common-law possible changes in future, following actuarial reviews. claims — that is, pre-1997 cut-off common-law Indeed, the changes are to operate for a period of only claims — and altered it in a way that encouraged every five years. I must say that it is absolutely extraordinary plaintiff law firm and trade union around the state to in terms of public policy that the government declares empty all their bottom drawers and deluge the Victorian that these are good public policy measures but is Workcover Authority with claims for potential nonetheless not prepared to commit to them for longer common-law actions. than five years. It has able to do that because the cut-off was The member for Burwood indicated that these changes determined not by the issue of a writ but by simply the are likely to cost some $30 million, so it is clear that a lodgment of a claim. The claims piled onto significant amount turns on this issue. In terms of an Workcover’s desks at the time of the cut-off. A lot of outcome, it is something that could be described as a them were pretty junky claims, but they were reverse St Augustine principle. St Augustine, of course, nonetheless valued at full rates given historical is well known for praying, ‘Lord, make me good, but experience, which produced a massive overstatement of not yet’. This principle can be described as the the extent of unfunded liability in the system. That of government saying, ‘Let us be good, but perhaps only course suited the government politically, because it for a while. We are going to do all these things but we attempted to blame that on the Kennett government reserve the right to take the benefits away down the rather than on its own change to the system. track’. Of course, what has happened subsequently is that as I would have loved to have been a fly on the wall these claims have been looked at it has been possible to during the cabinet meetings when the discussions were weed a lot of them out because they were held and the provisions were hammered out, because it unmeritorious. It was unfortunate that it happened, has every hallmark of a desperate fight-back action on because once they got into the system in the first place the part of the Treasurer trying to contain or put a limit they were likely to have an ongoing cost to the scheme. on the potential exposure being created to the scheme But the cost was not as great as was originally thought, by these measures. I have to say that if that was indeed and as those claims have been closely assessed and what happened I think in reality the Treasurer has failed weeded out the unfunded liability attributable to them in this attempted clawback because in practice it is has fallen. going to prove virtually impossible for a government to say, ‘Well, we have given you these benefits for five The fact of the matter is that it is still far too early to years. They were a good thing and that is why we call what the cost will be of the new common-law introduced them, but now we are going to take them regime introduced by the current government. Only a away again’. handful of cases have gone to court — indeed some say there have been no cases yet heard in court. The experience in the past of legislative changes is that it ACCIDENT COMPENSATION AND TRANSPORT ACCIDENT ACTS (AMENDMENT) BILL

1590 ASSEMBLY Thursday, 6 November 2003 takes a while for the new rules to be tested and for the That measure would simplify the rules and get rid of a plaintiff law firms to find the loopholes, push the limits lot of the complexity previously existing. It is welcome and test the boundaries. On the face of it it would that at last the government has taken that up. With that appear that Labor’s new common-law regime was not a minor exception, there are many aspects of the bill that reintroduction of common law as it claimed but a are a real cause of ongoing concern. so-called common-law regime with extremely tight on-the-surface tests for economic loss and fairly liberal Mr MILDENHALL (Footscray) — The Accident tests for non-economic loss. It will be interesting to see, Compensation and Transport Accident Acts firstly, whether the attempted barriers on economic loss (Amendment) Bill — — hold, and secondly, the extent to which the non-economic loss claims pick up as more experience Interjections from gallery. unfolds. The bottom-line message I would give to the The ACTING SPEAKER (Mr Ingram) — Order! government and the Victorian Workcover Authority is: It is disorderly for members of the gallery to interject. don’t start counting your chickens at this stage. Mr MILDENHALL — This bill and recent reports The next aspect of the legislation that I comment on is demonstrate that the former Kennett government was a the government’s response to the Hegedis decision, poor manager of the Workcover system and that the which seems to be an extraordinary capitulation and Bracks government is improving the management and move from fair principle. The government — the the performance of the system by better balancing not member for Burwood most recently — claims that this is only its assets and liabilities but its benefits and a partial tightening of the scheme following the Hegedis conditions. decision. What the amendments do is delete all the existing references in section 82 of the act to the That the Bracks government is a better financial requirement that the worker’s employment be ‘a manager of Workcover is clear from the recent results. significant contributing factor’. That requirement is then We have had a massive financial turnaround, as was applied only in the case of heart attack injuries and stroke detailed by the member for Burwood. We have seen the injuries. By the normal principle, expressio unius est fifth consecutive six-month write-down of projected exclusio alterius, which I expect the Attorney-General is claims liabilities by independent actuaries, resulting in familiar with, it is pretty clear that in all other cases work the second successive actuarial release of $157 million no longer needs to be a significant contributing factor. for the 2002–03 annual year, and the scheme funding ratio remains stable at 83. This is a gross departure from what people expect to be the fair principle in relation to the nexus with work — Workcover premiums in Victoria are the second lowest that is, that you are entitled to full and fair in Australia. Obviously the results have been tempered compensation if you are injured as a result of your by investment market returns, but when the markets employment. Simply because a pre-existing disease come back to a positive note we will see only further manifests itself or you are injured in some other way improvement in Workcover’s performance. The not connected with your employment but while you legislation reduces the financial exposure caused by the happen to be at work is not a ground to justify an Hegedis, McRitchie and Connelly decisions by an entitlement to compensation. Yet in the case of injuries estimated $160 million and is further testament to the other than those arising from heart attack or stroke that prudent financial management by the Bracks seems to be the case. There does not need to be a causal government. nexus, but if you happen to be at work when the injury or disease is manifested you can lodge a claim. That The Bracks government is a more humane manager of would seem to be most unfair to all concerned. Workcover than the Kennett government ever was. The gradual increase in benefits as contained in this bill — I mention just briefly that the government has in this the government is not going about it in a wholesale and bill picked up on one aspect of the Liberal Party’s potentially unsustainable way — shows the constraint Workcover policy at the last state election — namely, of prudential management as well as our natural simplification of the rules relating to the calculation of inclination to look after injured workers. The overtime. We said in that policy: restoration of common-law rights is another manifestation of that. It contrasts dramatically with the A Liberal government will amend the benefit-setting rules so that all overtime, shift allowances and similar payments approach of the Kennett government, which was to cut earned by a worker in the six months prior to an injury are benefits and reduce workers rights. The Bracks taken into account in setting benefits, without requiring proof government has a balanced management approach, or a that such payments were permanent and established. swings-and-roundabouts approach. It is not seeking to ACCIDENT COMPENSATION AND TRANSPORT ACCIDENT ACTS (AMENDMENT) BILL

Thursday, 6 November 2003 ASSEMBLY 1591 totally reverse Hegedis or to go along with that case but implementation. In an electorate like mine the gradual is finding the middle ground. improvement in financial benefits, the humane approach of the partial reversal of Hegedis and the This legislation is a great example of the way the more proactive and successful return-to-work strategies Bracks government approaches this sensitive area of are critical to the viability of many families, over whose regulations and financial compensation for injured heads the prospect of industrial injury is a constant workers. It contains some very positive moves that have factor. I join the member for Geelong in praising the been confirmed or praised by opposition speakers. For efforts of the Minister for Workcover and his proactive example, the return-to-work initiatives, the group promotion of workplace safety, as well as his support of incentives and the cross-border arrangements are all great institutions in my community like the Western obvious areas of support right across the community. Bulldogs to get the message out among working-class The overtime calculations and the simplification are families and industries in my area as part of an again testament to good management. integrated, successful and strategic approach to the management of Worksafe. I commend the legislation The Bracks government’s approach to workers and wish it a speedy passage. compensation can be contrasted with the approach taken by the federal government. What an extraordinary Ms BEATTIE (Yuroke) — On the surface this bill set of recommendations have come from the appears to be quite a simple bill, the purpose of which Productivity Commission, with the implied support of is to amend the Accident Compensation Act and the Tony Abbott, the former federal industrial relations Transport Accident Act, but this bill will actually minister, who set up the process. Has there been a change people’s lives. This is one of the great bills to greater wrecker of workplaces and industrial harmony come before this house. Those on the outside of politics in Australia’s recent history than Tony Abbott? Even and those who are cynical about politics and politicians after he was hounded from office by the say that the major parties are just the same — indeed Attorney-General and Minister for Industrial there are some in this house who would say the major Relations — he cowered in fear from the minister’s parties are similar. But we are not similar in any way, 10-point plan — his legacy lingers on with this and this piece of legislation shows the difference extraordinary set of recommendations, which would see between the Bracks government and the Liberal an end to the cross-subsidisation of small businesses opposition. within workers compensation schemes. In simple terms, we care about injured workers; the If proper management of the insurance industry is not Liberal Party does not care about injured workers. I about cross-subsidisation, then I do not know what is. It have heard them in here bleating about this bill and would result in extraordinarily punitive and targeted saying, ‘It is doing this, it is doing that, and there is not penalties for particular industries and businesses. To enough time to debate it’. Yet here we see the allow big businesses to self-insure would strike at the extraordinary level of their commitment. They have had heart of the cross-subsidisation principle. To allow two speakers on this bill and have not put up even one private insurance companies to pick the cherries from other speaker. I have not seen a National Party person industry would also strike at the heart of the viability of up speaking about this bill, yet they complain that they the scheme. have not had enough time to debate it. What extraordinary hypocrisy! I use this criticism of the federal government’s approach by way of contrast to the Bracks As I said, we care about workers; they do not. It is true government’s approach, which as I say is strategic and to say that three court cases have had a large impact on intelligent. It not only provides incentives and proactive this legislation. However, other circumstances have strategies to assist workers to return to work and to also driven this legislation. I will go through them. improve the financial viability of the scheme and look Following the recommendations of the common-law at its sustainability in the long term but also stands in working party’s 2000 report the Bracks government contrast to the destructive and ideological approach agreed to a review of impairment benefits and the proposed by Tony Abbott and his legacy and by the assessment system under the Workcover scheme. An former Kennett government’s disgraceful record in the advisory committee was appointed and relevant management of this sensitive area. stakeholders were consulted.

This is good legislation that is not opposed by the Again we see opposition members going on and on and opposition, which has at least seen the balance and on ad nauseam about trade unions and Trades Hall. I sensible approach it contains. I look forward to its would find it very peculiar if the peak body ACCIDENT COMPENSATION AND TRANSPORT ACCIDENT ACTS (AMENDMENT) BILL

1592 ASSEMBLY Thursday, 6 November 2003 representing workers was not consulted about this bill. I The government proposes to return to the position in would find that strange indeed. Yet we have the which a link is required to be shown for all injuries. opposition going on and on about this being a Trades Indeed the bill amends the Accident Compensation Act Hall bill. What absolute nonsense! As I said, they have so as to require that in all claims for injuries involving not come in here with a list of speakers to defend that; heart attacks, strokes and related conditions, for the they have just thrown it out there without a care. It is injury to be compensable employment must be a absolute nonsense. significant contributing factor to the injury, or where the injury arises in the course of or was caused by a Many workers felt they were harshly treated by the disease, to the injury or the disease. changes in 1997. This bill changes the method of calculation of impairment benefits while maintaining Employers may criticise us about what is only a partial the American Medical Association guide, fourth reinstatement of the significant contributing factor test, edition, as the primary method of assessment. If Trades but we think it is a responsible, middle-of-the-line Hall had influenced this bill to the degree that the decision, and we are unlikely to be criticised in the long opposition says, the AMA assessment would not come run. I am sure as these tests are undertaken we will find into play. that this is good legislation.

Many workers will now have access to certain benefits. I want to touch in the short time I have left to me on the This government, as outlined so well by the member for overtime, the return-to-work provisions and the group Burwood, is committed to financial and social incentive program. As far as overtime is concerned, the responsibility and has imposed additional safeguards on act provides for the inclusion of regular overtime and new benefits, and costs will be closely monitored. It is shift allowances in the calculation of weekly extraordinary that the opposition has criticised us for compensation for injured workers. I believe that is a closely monitoring costs. good thing. People have dependants and they have commitments, and if they are injured in their workplace Following the next assessment due three years from the they should be able to get a fair and reasonable commencement of the changes, a report on the effect outcome based on what is their normal wage, and if that will be prepared by the Victorian Workcover Authority normal wage includes overtime and shift allowance actuaries and provided to both the Minister for then so be it. But of course there has to be a regular and Workcover and the Treasurer. That shows financial established pattern to that overtime and shift allowance, responsibility, social responsibility and caring for and that is a good thing. For overtime it is required that injured workers. a pattern is substantially uniform, so again we have that test of responsibility. As was mentioned earlier, there are three court decisions involved in this: the Connelly, McRitchie and I will touch briefly upon the return-to-work provisions, Hegedis decisions. I would like in the short time I have because we all know that it is a fundamental principle to focus on the Hegedis decision. In 1992 the Accident of any workers compensation scheme to have a proper Compensation Act was amended to impose a new test and reasonable return-to-work program. This bill of compensability for an injury under the Workcover proposes a number of amendments which have been scheme — namely, that employment must have been a developed in conjunction with the Victorian Workcover significant contributing factor to the injury — and it Authority by a return-to-work working group of was widely thought that it would apply to all injuries. stakeholders to improve return-to-work outcomes. However, the Supreme Court of Victoria in Hegedis v. Carlton & United Breweries and anor held — and it I want to now talk about the group incentive program. was later upheld on appeal — that the amendments did In April 2000 the government announced a formal not have the effect of requiring a causal link to be review of the Workcover premium system, and the established between the injury and the relevant review concluded that there was a need to strengthen employment for traumatic injuries occurring in the the premium-based incentives for small to medium course of employment to be compensable. This employers to encourage and reward strong safety and reasoning applies to all internal traumatic injuries return-to-work performance. Last night during the whether or not they occur as part of a disease process. adjournment debate I spoke of a great workplace, the Under the Hegedis decision a significant contributing Ford factory, where the guiding principle is workplace factor is still required to be established in the case of a health and safety. All employers could take a lesson disease. I understand the Hegedis injury occurred from from that workplace. the peeling of an apple with a knife in a lunch room. ACCIDENT COMPENSATION AND TRANSPORT ACCIDENT ACTS (AMENDMENT) BILL

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In conclusion, I am delighted to support this bill. It is a of their own; and even if there is some element of fault, good bill. It provides for the fundamental dignity of the entitlements for basic benefits are certainly there. injured workers. It commits us to a promise that was made at the last election for fair and reasonable In the limited time available to me I wish to say that I compensation for workers. It commits employers to am very pleased with some of the changes in providing a safe and healthy workplace; and no worker impairment benefits. They provide increased should be injured going about their daily work. compensation for statutory non-economic loss to workers and will also make workers with injuries who Mr MAXFIELD (Narracan) — I rise today to talk were thought to be harshly excluded by the Kennett on the Accident Compensation and Transport Accident government changes in 1997 eligible again for statutory Acts (Amendment) Bill 2003. I rise as somebody who non-economic loss benefits. The government is also in my previous employment as an organiser for changing the calculation of impairment benefits, which 14 years with the Shop, Distributive and Allied should also ensure better equity and balance between Employees Association was aware of the need for the injuries and the benefits paid for those injuries. important accident compensation to be available in the workplace. Another issue is return to work. That is an area we have to be focused on; we do not want to return people to During the Kennett era we saw the balance shift badly work prior to their being able to go back. However, and workers who sustained serious and significant prompt return to work with a careful structuring of injuries being denied proper compensation — and for duties can actually benefit the employer and the worker. what reason? The reason was the perceived one — that It is not a lot of fun sitting at home immobile in a chair we had to be competitive around Australia and that staring at a wall. Proper return-to-work provisions can somehow it was better for the workers to be denied benefit all parties, and certainly this legislation is proper and appropriate compensation. I think the designed to ensure that we enable people to return to Liberal Party’s attitude very much strikes a chord with work where possible. its philosophical bent, which is essentially that employers should be put at the maximum advantage. Another one of the issues raised by this bill is overtime. And if that means denying basic entitlements and rights We have seen the very difficult situation where people to workers, then so be it, because the pursuit of profit is have commitments in terms of educating their children almighty and above all, as the Liberal Party goes out and in respect of their home and family, which they desperately attempting to support its rich mates. structure around their income. For a lot of workers overtime and shift allowances are a significant The reality is that we need a balanced society that component of their income, and when they are injured ensures that the workplace is a safe workplace and that and off work some of those people are quite badly we have viable businesses that can deliver good jobs affected by the benefits paid by Workcover. Certainly and good benefits to the community. Of course the two the changes in this bill are designed to deal with and can go hand in hand. You can have a strong and overcome some of those issues. powerful business and at the same time look after your workers, because if you have a happy and contented In conclusion I want to say that I welcome the changes work force you have a better and more productive work we are making. It is important that we have a force. That is what the Bracks government is about — Workcover system that is fair to all. I am sure there will getting that balance right; restoring the balance — so never be a perfect system and there will be divergent that we can look after the rights of injured workers by views on that, but we have to continue to strive to get ensuring there is adequate compensation available and the best possible balance, not only to look after also ensuring that workers compensation does not businesses in our state but specifically to ensure that we damage our businesses too much. have a good and productive work force and that workers feel there is adequate compensation available. With a scheme across Victoria as large as this one obviously anomalies and difficulties will pop up from Mr LIM (Clayton) — Accident compensation time to time. We are here today dealing with some of forms one of the largest categories of problems brought those issues in trying to ensure we have a fair bill and to my electorate office. Most of these problems, as that we correct some of the anomalies. I am sure that members might imagine, stem from the period of the over time there will be further refinements required as Kennett Liberal government, which changed we try to get that balance right. We owe it to our Workcover so much to the detriment of injured workers to have the right balance there, because in a lot workers; and this chamber has witnessed the drama, the of cases people are injured through absolutely no fault passion and the emotion that spilled from the street into GAMBLING REGULATION BILL

1594 ASSEMBLY Thursday, 6 November 2003 the public gallery. Government members witnessed that adoption of new American Medical Association during their time in opposition. guidelines in 1998.

Having said all that, it is only appropriate to mention In conjunction with these legislative changes the that it was a Labor government that pioneered and Victorian Workcover Authority will put into place championed legislation in this area in the 1980s. It was administrative and training improvements that will a Labor government that continued to improve the improve the quality of assessments for industrial conditions of injured workers. Now the Bracks asthma and will also update the guidelines for assessing government is building on that and is going to achieve psychiatric impairment resulting from the workplace. more, and I think all members of Parliament on this side of the chamber can walk proud and tall because of The Bracks government is taking a humane and this significant development. sensitive approach to deliver greater benefits to injured workers. We are confident that the costs of these It is therefore with great pleasure that I welcome this changes will be well managed and not exceed comprehensive overhaul of the regulations covering the estimates. I commend the bill to the house. whole spectrum of workplace and transport injuries and losses. I think one of the most important changes this Debate adjourned on motion of Ms PIKE (Minister for bill makes is to clarify and simplify the process of Health). compensation to make it clear what people can get Debate adjourned until later this day. compensation for — what is covered and what is not. I understand all stakeholders have been consulted fully, but like any complex and difficult legislation, there can GAMBLING REGULATION BILL never be a complete consensus. Second reading It might seem a little odd to talk of simplicity in relation to the bill, because it is 64 pages long and has a Mr PANDAZOPOULOS (Minister for multitude of paragraphs and definitions, but it is a very Gaming) — I move: well thought-out and carefully drafted piece of legislation, which cuts a swathe through the multiplicity That this bill be now read a second time. of often contradictory judicial interpretations of the This bill represents a substantial reform of gambling earlier legislation. By stating clearly what is in and law within the state of Victoria. Importantly it builds on what is out, the bill brings stability and certainty to a number of steps already taken by this government. It what has been for too long an uncertain and reflects the government’s commitment to place Victoria unnecessarily litigious process. at the forefront of gambling law and policy with a focus on protecting problem gamblers. An important part of the legislation is the review of impairment benefits and the assessment system under Since 1999 the government has introduced numerous the Workcover scheme. As part of the drafting process measures to combat problem gambling including: an advisory committee was established to look at the recommendations of the common-law working party regional caps, which have seen a reduction of relating to impairment benefits, in line with the 276 electronic gaming machines in five of the most recommendations of the working party’s 2000 report. affected regions in Victoria; This bill is a comprehensive response by the government to the recommendations of that working social and economic impact assessments for new party. venues and increases in EGM numbers;

In this bill the government legislates specifically to a reduction in the number of 24-hour gaming venues provide increased compensation to enable workers with in Victoria from over 130 to 17; certain types of injuries — who were harshly excluded by changes made by the previous Kennett Liberal proper lighting and clocks in all gaming venues; government in 1997 — to be eligible again for statutory limit to cash access at ATM and EFTPOS machines non-economic loss benefits. The bill also changes the in gaming venues and banned credit access; method of calculation of impairment benefits, which will have the effect of restoring access to compensation bet limits; for certain types of injury and of increasing benefits to injured workers who were disadvantaged following the payment of large winnings by cheque; GAMBLING REGULATION BILL

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caps on gaming machine spin rates; There are four key elements to the bill.

player information in venues and the casino and on Firstly, the establishment of the commission for gaming machines themselves; gambling regulation; secondly, the consolidation and streamlining of Victorian gambling legislation; thirdly, controls on player loyalty schemes; the delivery of key government election commitments. The fourth element is a number of minor amendments community benefit statements; that clarify the application of the present regulatory establishing the problem gambling round table; and regime and remove areas of unnecessary regulatory effort or overlap. appointment of the Advocate for Responsible Gambling. This package will ensure an appropriate gambling regulatory environment in Victoria, which addresses All of these measures have made Victoria a leader in critical issues relating to proper governance of the new gambling regulation, and there has been a significant regulatory body oversighting the Victorian gaming decline in gaming revenue. industry, maintaining and extending the existing strong emphasis on probity in the gaming industry. It embeds Government has endorsed the following six principles the government’s clear commitment to the protection of to guide future gambling policy and legislative the Victorian community with a focus on those most at development. risk, for example through the introduction of a tight advertising regime. They are: In 2002 the government commissioned a high-level developing and reinforcing the government’s review of the governance arrangements for gambling commitment to responsible gambling through regulation. That review found that gambling regulation measures that assist and protect problem gamblers in Victoria was confusing, with responsibilities spread and those at risk of becoming problem gamblers, across a number of acts and statutory regulators. their families and the wider community; It recommended simplifying and streamlining the developing and maintaining the state’s commitment current regulatory regime, replacing the three statutory to the highest standards of probity for gambling regulators with a single body — the commission for service providers; gambling regulation. It also recommended a consolidation of existing legislation. accepting gambling is a valid activity for many Victorians who are entitled to expect ongoing high This bill delivers on those recommendations. standards of service, transparency and accountability from the gambling sector; It creates the commission for gambling regulation as the primary regulator of gambling in Victoria. The ensuring that the legitimate financial benefits of commission will have three ongoing members, two of gambling (both private and public) are transparent, whom will be part time and one executive appropriately recognisable and fairly distributed to commissioner who will be full time. There will also be the Victorian community; the capacity to appoint additional sessional members to the commission as needed, both to assist with specific that to the extent possible consistent with the other matters or generally. The commission will have all of principles, gaming service providers operate in a the current powers and functions of the present competitive environment; and authority, as well as those of the two statutory directors. establishing proper consultative processes to ensure The commission will assume all of the existing that appropriate information is given to, and input is regulatory functions of the Victorian Casino and received from, the wide variety of persons interested Gaming Authority and the two statutory directors. The in gambling including stakeholders, affected parties commission will also be subject to new guidelines to and, to the widest extent possible, the broader ensure that it performs its functions in a timely, Victorian community. responsive and transparent manner and that it keeps the This bill consolidates and builds on those public informed and educated as to its regulatory achievements. practices and requirements. GAMBLING REGULATION BILL

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In accordance with the recommendations of the review and ensure that gaming and planning controls work the bill also consolidates existing gaming legislation. It together as an integrated whole-of-government consolidates 8 of the 10 principal gaming acts into a package. single act. These are: Local councils will now be able to appeal certain the Gaming Machine Control Act; commission decisions at the Victorian Civil and Administrative Tribunal instead of only to the Supreme the Gaming and Betting Act; Court. Municipal councils that have made a submission to the commission in relation to an application for the Public Lotteries Act; premises approval or to increase EGM numbers will be the Gaming No. 2 Act; able to seek review of the commission’s decision by the Victorian Civil and Administrative Tribunal. Consistent the Interactive Gaming (Player Protection) Act; with VCAT appeal rights in other areas, this right of review will also be conferred on the applicant before the Club Keno Act; the commission.

the TT-Line Gaming Act; The bill extends the time in which councils can make submissions to the commission from the present the Lotteries Gaming and Betting Act. 28 days to 60 days. This will ensure that councils have adequate opportunity to put a submission to the The Casino Control Act and the Casino (Management commission on a proposal to allow or increase gaming Agreement) Act have been excluded from the in their area. consolidation as they relate solely to a stand-alone facility, to which more onerous inspection and control The government is also committed to banning pokie requirements apply. The responsible gambling advertising in media outlets and through unsolicited provisions in the consolidated act will apply to the mail. This ban builds on tough restrictions that have gaming machines in the casino. already been introduced. In 2001 the government introduced regulations that prevent the advertising of In consolidating the legislation a number of provisions gaming machines which: duplicated in each act, such as those relating to secrecy, the powers of inspectors and procedures for applying to depicts minors or encourages them to play; the commission for a licence or other form of approval, have been streamlined, but their force has been gives false impressions about winnings; and maintained. The act has also been reviewed for consistency with current government policies on suggests you are likely to win or that your skill can sentencing, immunity and the powers of inspectors, and influence the outcome of a gaming machine. a particular immunity for Tabcorp in relation to its shareholdings has been removed. A common-law In 2002 the government introduced provision for privilege against self-incrimination has also been measures to tackle indirect advertising such as the included in the legislation. names of gaming rooms or the use of symbols associated with gambling. The bill also implements a number of key government commitments. The new ban applies to all advertising outside the gaming area of a venue or the licensed casino boundary The first of these is to enhance local government’s say that promotes the playing of gaming machines, whether in gaming matters in municipal areas. A number of that advertising is by print, TV, cinema, radio or measures will achieve this. Internet. The ban also extends to unsolicited mail. Consistent with the government’s commitment, The bill introduces a requirement for all applications to advertising that is solicited (such as advertising sent to the commission for new premises approvals to be the members of gaming loyalty schemes and to persons accompanied by a planning permit or an application for who have requested it) will be allowed. Advertising that a planning permit or by evidence satisfactory to the is not designed to promote gaming machines, such as commission that in accordance with the planning problem gambling advertising and technical or scheme no permit is required. operational information about how gaming machines work, will be permitted. At the same time the Victorian planning scheme will be amended to rationalise the controls on gaming premises GAMBLING REGULATION BILL

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The bill also bans the display of report the presence of a banned person to the regulator gaming-machine-related signs, with provision for as soon as they become aware. The casino operator is exemptions to this ban to be prescribed in regulations. vigilant in barring entry for these persons. For example, The scope of the permitted signage will be developed in in its recent statutory review of casino operations, the full consultation with all stakeholders. Without Victorian Casino and Gaming Authority reported that pre-empting the outcomes of consultation, my intention an average of 2060 minors per month were caught is to allow signage within a gaming area and reasonable trying to enter the casino, and 5 per month were caught signage outside, such as directional signage pointing to inside the casino. The government expects the casino the location of a gaming venue or of a gaming room operator to continue to exercise the same degree of within a venue. stringency in relation to this important obligation.

The ban in this bill and the subsequent regulations will The bill makes a number of other mechanical ensure that Victorians are not exposed to advertising amendments to the regulatory scheme. These will outside a venue or the casino that may encourage them enhance consistency across legislation, streamline and to play the pokies, without affecting important problem update it, and improve public understanding of gambling advertising campaigns and the provision of gambling regulation. technical information about how gaming machines actually work. The bill will amend the way that Tabaret premises are taxed. Tabaret premises were defined under the The fourth commitment was to require permanent Gaming Machine Control Act 1991 and consist of two gaming staff to complete an accredited training course hotel gaming machine venues at Ballarat and Bendigo. to assist them to recognise and respond appropriately to Under the Gaming Machine Control Act 1991 the problem gambling. Tabaret venues are taxed at the preferential tax rate that applies to club venues — that is, they pay 25 per cent of This will be implemented by imposing a requirement gaming revenue to the state government and do not 1 on gaming venue operators and the casino operator to make the additional contribution of 8 ⁄3 per cent of ensure that all licensed employees employed in the gaming revenue to the Community Support Fund that casino or in the gaming machine area of an approved other hotel venues pay. The bill addresses this anomaly venue complete an accredited training course on the by providing that the two Tabaret venues will be taxed responsible provision of gambling. The course will be like other hotels. This new tax treatment of the Tabaret as approved by the commission from time to time, and venues will commence five years after the it is expected that it will include training for venue staff commencement of the bill. This is to allow an adequate to assist them in recognising and responding period of notice to the two Tabaret venue operators to appropriately to problem gambling. The employee will adjust to their new tax treatment. be required to complete this training within six months of commencing employment with the venue. There will The provisions in relation to public lotteries have been be an initial 12-month grace period for compliance amended to remove the role of the departmental once the commission has approved the course. secretary in investigating the financial background of an applicant for a public lottery licence. This function The bill introduces a further responsible gambling will now be carried out by the commission for measure which will also clarify a current area of gambling regulation, as it does for applicants for other uncertainty in the existing regulatory regime. kinds of gambling licences.

The bill requires that winnings of minors and other In other reforms, probity requirements for junket persons banned from the casino should be forfeited and operators will now be the responsibility of the casino paid into the Community Support Fund. At present the operator, but overseen by the commission through its legislation does not specify how these winnings are to supervision of the casino’s internal controls and be dealt with, and the casino operator can keep them as procedures and a premises approval, once granted, will they have been won illegally — by a person who is not continue indefinitely unless sooner revoked or supposed to be in the casino. surrendered. Gaming venues will no longer be required to display a single copy of the technical rules that apply While it is an offence for a minor or another banned to playing gaming machines in a venue, but instead will person to enter the casino, there are also corresponding have to display a notice advising patrons that copies of offence provisions applying to the casino operator. It is these rules are available for examination. an offence by the casino operator if a minor enters the casino. It is also an offence for the operator to fail to GAMBLING REGULATION BILL

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The bill provides for adjustment of the interval in which regional cap, would propose such an amendment as a Tabcorp must return unclaimed dividends to the state result of a request in writing. from 12 to 6 months. The timing of this adjustment will allow for contribution to the funding of the Australian The third category of action is a decision made by the Racing Museum in Federation Square. This will not commission arising out of such a proposed amendment. affect the ability of punters to recover their winnings at This would be a decision to amend the conditions of a any point in the future. venue operator’s licence to amend the number of gaming machines permitted in an approved gaming It also imposes a specific prohibition on recovery of venue. investigation costs from persons listed on the roll (i.e. gaming machine manufacturers and testers) and The reason why the Supreme Court is not to have associates of those persons. jurisdiction in these matters is as follows.

The bill also makes a number of housekeeping By enacting this bill the Parliament has indicated that it amendments. These include: is a matter for the government, acting in the interests of the community as a whole, to determine the most removal of the special appropriation funding the appropriate distribution of gaming machines throughout activities of the regulator — it will now be budget the state. Therefore, no compensation right should exist funded; in respect of the removal of gaming machines as a result of directions made by the Victorian Commission providing for the publication of gaming machine for Gambling Regulation, or proposals for amendments technical standards on the Internet; and to venue operators’ licences, or approvals of amendments to those licences, to comply with decisions ensuring that the gambling research panel has access made by the government regarding the distribution of to detailed venue operational data to assist in its gaming machines. research; This limitation is a re-enactment of the limitation clarification that commission-approved braille bingo currently imposed under the Gaming Machine Control tickets may be used by visually impaired persons at a Act 1991. bingo centre. Clause 4.3.26(7) of the bill provides that except as I wish to make a statement under section 85(5) of the otherwise provided, a declaration of the minister under Constitution Act 1975 of the reasons why clause 11.1.7 division 5 of part 3 of chapter 4 of the bill may not be of the bill alters or varies section 85 of that act. challenged or called into question.

Clause 11.1.7 provides that it is the intention of That division enables the minister to make declarations sections 3.2.5 and 4.3.26(7) to alter or vary section 85 relating to the regulation of shareholding interests in the of the Constitution Act 1975. holder of the wagering and gaming licences. The proposed section 3.2.5 provides that no Clause 4.3.26 provides for certain appeals to the compensation is payable by the Crown in respect of Supreme Court against those declarations and provides anything arising out of three categories of actions by the that, except as provided in the division, a declaration of Victorian Commission for Gambling Regulation. the minister may not be challenged or called into question. The provisions in that division to enforce the The first category of action is a direction given under restrictions on shareholdings, including the making of the proposed section 3.2.4 to a gaming operator declarations by the minister and the limitation of requiring compliance with a regional cap on the number appeals to the Supreme Court against such declarations, of gaming machines. are an essential mechanism for achieving the objects of the legislation and, in particular, for ensuring probity in The second category of action is any action taken by the conduct of the business of the licensee and in the commission under the proposed section 3.4.17(6). dealings in shares of the licensee. That action would cover the proposal by the commission of an amendment to the conditions of a This limitation is a re-enactment of an existing venue operator’s licence to vary the number of gaming limitation under the Gaming and Betting Act 1994. machines permitted in an approved gaming venue. A gaming operator, for the purpose of complying with a This bill delivers on the key election commitments of government, as well as implementing significant reforms to the governance of gambling. The Victorian GAMBLING REGULATION BILL

Thursday, 6 November 2003 ASSEMBLY 1599 government is and remains concerned about the impact regarding caps on gaming machine spin rates and of gambling on the Victorian people and in particular payments of cheques for large winnings that have to be the impact on vulnerable members of our society. This looked at and looked at properly. bill represents an important part of the government’s ongoing commitment to deal with the complex issues This is a very important bill. Opposition members are that gambling creates for government, stakeholders and very much aware that the government itself is reliant on the wider community. getting money from gaming. We want to make sure that when this bill is put in place we do not have to keep This bill is a landmark in Victorian gambling law. For coming back to amend it time after time. The fact that the first time, all of the controls on machine gaming, the government is asking for two weeks makes me wagering and betting, lotteries, club keno and other wonder what it is up to. Government members must forms of gambling will be in a single act, and the realise that they have kept up pretty well a responsibility of a single regulator. With the cloak-and-dagger type of operation in getting this bill implementation of this bill, Victorians can expect a before the house. There has been very little consultation more integrated transparent and cohesive approach to with any of the clubs, pubs or main operators in this gambling regulation and control. industry in regard to what is going to be in this bill.

I commend the bill to the house. For anyone to try and give consideration to it in two weeks will not be possible when you consider that The ACTING SPEAKER (Ms Lindell) — Order! every word and every clause of the bill will have to be As members are aware, the Gambling Regulation Bill is gone over word for word because the consolidation very large. Due to its size there will be a delay in the proposed in the bill would allow this government to printing and providing of circulation prints of the bill. It move into this piece of legislation bits and pieces that is expected that a small number of the circulation prints unless we have proper time to consider we would not will be available in the procedure office tomorrow be aware of. The opposition cannot afford to let that afternoon and that the rest will be available next happen. I admit that this is a very important piece of Wednesday. The bill will be available on line at the legislation, and opposition members want to make sure usual time. that it is right.

Debate adjourned on motion of Mr SMITH (Bass). There is not a large number of us on this side of the house, and there are fewer National Party members. Mr PANDAZOPOULOS (Minister for They will also need time to look at this and the effect Gaming) — I move: that it is going to have on people in country areas, as the That the debate be adjourned for two weeks. opposition will have to do. It is ludicrous for the minister to stand up here today and move that the Mr SMITH (Bass) — I move: debate be adjourned for two weeks and expect us to come back and be able to debate this bill fully and to That the word ‘two’ be omitted with the view of inserting in place thereof the word ‘four’. have had a proper chance to take into account all the issues that will be raised and all the changes that may This bill, this huge document that we have in front of well have been made in this consolidation of eight acts us, is in excess of 600 pages. It is a consolidation of of Parliament. It is ludicrous that the government would over eight bills. It brings in new regulations and expect us to roll over and say, ‘Yes, we accept two virtually new everything. With this bill we are setting weeks’. up gaming again in this house. Two weeks is not sufficient time even to give consideration to the size of I have moved that the debate be adjourned for four it. Acting Speaker, you have already said that the bill weeks. That would give opposition and National Party has not been able to be printed on time, which would members time to talk to people about it, to discuss the have allowed us to get it out to people so they could issues properly, and to ensure that we are able to get to start to look at it and make some judgments on it. all in the gaming industry. There are large numbers of those people. There are a number of issues in the second-reading speech that the minister has read, particularly in regard Dr Napthine interjected. to advertising, that will have to be viewed by every club and pub operator around Victoria so they can give some Mr SMITH — Even in four weeks it is going to be consideration to the effect it will have on the running of difficult for us to get to and talk to those people. I ask their businesses. There are a large number of issues the minister to give consideration to the opposition’s GAMBLING REGULATION BILL

1600 ASSEMBLY Thursday, 6 November 2003 amendment. It is a fair and reasonable chance for the doing their jobs. All they are doing is stalling for time government to be fair about this bill. I would have over something predominantly 95 per cent of which is thought the government would also want to make sure in existing legislation that they have supported in the that things are done correctly. We do not want to have past. to come back later and make amendments to the legislation. I ask the government to consider my We believe the consultation has been adequate. amendment and to accept it as being a fair and Two-week adjournments are the norm in this house, reasonable way of our being able to look at this bill although we had less time under the previous properly. government. It is a reasonable period of time, and opposition members are simply stalling for time on Mr PANDAZOPOULOS (Minister for something that they are divided on themselves. They do Gaming) — On the question of time, the member for not have a common view about gambling regulation, Bass said there has not been enough time for and that is why they want four weeks. They want to be consultation. I normally consult quite heavily, and I able to work it out in their party room, to make up their note it is something that the opposition often criticises minds whether they support responsible gambling or us about. Certainly we have been consulting on this bill whether they do not. That is the real issue behind why since the election commitment was made in November they want four weeks. of last year, after we were returned to government. We started a process — — Mr JASPER (Murray Valley) — In the 27 years that I have been in the Parliament this is the biggest bill Mr Cooper — Typical arrogance. I have ever seen introduced for debate. As far as the National Party is concerned we will be supporting the Mr PANDAZOPOULOS — We know what amendment put forward by the member for Bass on the arrogance is: ‘arrogance’ in the dictionary has all your basis that we need more time to be able to assess the photos in it! legislation.

Honourable members interjecting. Over the years I have seen legislation brought into this Parliament by both sides of politics where a two-week The ACTING SPEAKER (Ms Lindell) — Order! adjournment has been quite satisfactory on the basis Mr PANDAZOPOULOS — I am explaining to the that it has been a minor or small bill that has not needed house that there has been extensive consultation in the extensive consultation that is needed on more relation to this bill. I noted that the member for Bass important legislation. highlighted a number of issues that he said needed Gambling is one of the biggest industries within the consideration, such as the payment by cheque of large state of Victoria. The minister indicated that this winnings and spin rates. I remind the house that those legislation contains policies that were detailed by the are already dealt with in existing acts of Parliament. government during and after the election late last year This is a consolidation of eight acts of Parliament — and that the government has consulted. The 95 per cent of what is in the bill has already been voted government may have had consultations with the on by the house. In effect most of it is what the appropriate parties, but until legislation is before the opposition put in legislation in the past. Parliament members on both sides of the house cannot The new provisions are predominantly about the assess it and get it assessed. More importantly, we need election policy commitments. I am disappointed, to be able to go out to the responsible people within our because I spoke to the member for Bass beforehand and electorates who have an interest in this legislation and he is totally aware of where we are going. We have get detailed responses from them. booked a briefing for 3.00 p.m. today, which is the first I suggest to the minister that it would be logical to opportunity available, and that has been made available allow further time, particularly for country members of for the National Party and the Independents. We have Parliament. The minister indicated that there would be a also offered second briefings once the parties and briefing at 3.00 p.m. today, and National Party Independents have had an opportunity over the next members would certainly be pleased to take the two weeks to do their own briefings. minister up on that. However, I also noted the comment On consultation, the member for Bass has been talking by the Acting Speaker that there are not enough copies to venues and has been reported in local papers, so he is of the bill available for members today but more will be aware of the issues. Knowing what was going to be in available tomorrow. I suggest that many country this bill, if they cannot do it in two weeks they are not members will not be staying in Melbourne until Friday. GAMBLING REGULATION BILL

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We usually return to our electorates on the Thursday unfortunately it cannot agree to a longer period of evening, even though on occasion it may be quite late, adjournment. because we have other commitments. How are we supposed to get additional copies of the bill and Dr Napthine interjected. distribute them through our electorates and to other appropriate people so that we can get responses? Mr BATCHELOR — The member for South-West Coast says we should have brought it in earlier; I have always had concerns about the two-week however, the opposition was advised that we were adjournment of legislation because of the difficulties going to bring it in at this stage of the parliamentary this presents for country members. If it is a minor piece cycle. As the minister has quite clearly advised the of legislation, we can often get responses, but on this house, this bill has been the subject of very wide occasion we have a massive bill before the Parliament discussion following its detailing during the election with eight acts being consolidated into one. The campaign. The government’s policy has been stated minister says that 95 per cent of the legislation is as it is clearly, and the opposition has been aware that it is in those acts as they are currently in the public arena, coming in. It was specifically told about it, and but we do not know what changes are contained in this briefings have been organised to facilitate the bill. We need to go through the legislation clause by opposition’s greater understanding of what it already clause, analyse what is in it and ascertain whether the knows this bill contains. government has got it right. To adjourn the debate for four weeks is really a Our experience over the years with big pieces of sleight-of-hand amendment, because the opposition legislation is that invariably when they come back on knows there are only two more parliamentary sitting for debate massive amendments are brought forward by weeks to go. What it is really — — the government and other parties. As far as the National Party is concerned, whilst we acknowledge the Honourable members interjecting. government’s right to bring in this legislation, we Mr BATCHELOR — We have just discovered believe the minister should not play hard politics on this what they really want to do; they want to put this off for occasion, but should try to get the bill right and get it some three months. right for when it comes back on for debate. It should give us four weeks to have appropriate consultation and Significant community benefits will come from this receive responses, so that each of the parties can bill, and the government is not prepared to deny those determine what it thinks about the legislation, whether benefits coming through to the community. The there should be changes and how the legislation is opposition wants consideration of this bill put off until going to affect this industry. well into the new year, but the government believes it is appropriate to deal with it now. Why should the It should be recognised that the gambling industry is the community be denied the benefits that will come from biggest industry in the state, and it is under attack from this bill? What is the opposition trying to get? Why both sides of the political spectrum and from people in does it want all this extra time to do work that can be all walks of life. We should try to make sure that this quite easily done in the traditional two-week period? bill, which relates to an industry which is so important to the state — and important to the Treasurer, with the Honourable members interjecting. revenue it earns for the state — has all parties on side to support what is contained in it. Mr BATCHELOR — There are clearly members of the opposition here with a hidden agenda, and we The National Party will be supporting the amendment can see them identifying themselves. Those that are moved by the member for Bass seeking a four-week interjecting, like the member for Bass, who have a adjournment of the debate, and I suggest that the secret agenda, who have some motive — — minister should consider all sides of the house and support the proposal for an adjournment of four weeks. Honourable members interjecting. The government also needs to respond to representations it may receive now that the bill is before Mr BATCHELOR — I do not know. Tell us what Parliament so that other appropriate amendments can it is. If they were prepared to do their work, all they be included in the legislation before it is debated. would need to do would be to take the bill, attend the briefings and then go out and consult with the industry. Mr BATCHELOR (Minister for Transport) — The government hears what the opposition is saying, but An honourable member interjected. GAMBLING REGULATION BILL

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Mr BATCHELOR — It is not a widely dispersed The people of Victoria will not be a given an industry, it is an industry with which consultation can opportunity to participate in the legislative process. easily take place. Members of the opposition are afraid They will not be given the opportunity because, firstly, of hard work, and this motion is about them not there are no copies of it available until mid next week wanting to do hard work. and, secondly, the government refuses to give adequate time when copies are available for the community to be Mr COOPER (Mornington) — We have just heard able to look at the bill and make responses to it. a bit of fantasy land stuff from the Leader of the House. For a start he makes out that a four-week adjournment The government is refusing point blank to go beyond will put consideration of the bill off until next year. The the end of November in the sitting of this house. Good government has the option of bringing the house back. heavens, it is not as if we sit a long time anyway. Under This house has sat in December before, and it can sit in this government we are sitting for shorter and shorter December again. The government is avoiding the issue periods. Members of the government want to get out of by not bringing the house back. this place, they want to escape scrutiny at the end of November. They have two more weeks after this week. When did this bill go through cabinet? How long has They do not want to face any more question times. the cabinet had its paws on this bill? It has obviously They want to get away, and they want to get this bill had its hands on it for quite some time. This bill did not through. They want to shove it through the house just materialise today; the government and the cabinet without scrutiny and without adequate debate occurring have been dealing with it for some time. What has in this place. That is what the government is asking this happened? We get a limited edition of the bill presented house to do: to accept the fact that debate on this bill to the house today with not even enough copies to go can be adjourned for just two weeks, and then we can round. We get the Acting Speaker telling us that it all just pay our lip-service to it and the government will might be next Wednesday before adequate copies of the use its numbers to ram it through here and the other bill will be available for distribution. place.

This is a bill that affects every electorate — and I am absolutely disgusted at the performance of this multiple parts of every electorate, because every government. I am disgusted that it would bring into this electorate has gambling venues and people employed in Parliament the biggest bill in modern history and then the gaming industry. Therefore every member of this say, ‘We don’t have adequate copies of it, so you’re house has a significant interest in this bill and in the going to have to wait another week for them. Then we responses to this bill from people in their electorates. can have debate next Thursday week and push it They have the responsibility not only to seek those through this house’. That is what the minister and the responses but also to bring the information in those Leader of the House have said: next Thursday week is responses back to the attention of this house when we when this bill can be shoved through this house, with debate the bill. This is now going to be denied to us by debate guillotined at 4 o’clock. the government, on the false basis that a four-week adjournment will mean that the bill will be adjourned It is not good enough, it is not democratic, and it until the next sitting next year. That is an absolute certainly is not fair to the people of this state. nonsense; it is untrue. This government has the ability and the power with the numbers in this place to bring Mr BRUMBY (Treasurer) — Two-week the house back in December to debate this bill. That is adjournments have been the accepted practice in this what it should be doing. place.

The government went to the last election — indeed it Honourable members interjecting. went to the election before that — promising that the forms of this Parliament would be improved and Mr BRUMBY — What this debate is about today is enhanced and that there would be clarity in the way in a lazy opposition. That is what it is: it is a lazy which it goes about its work. It also said that it would opposition that will not work. bring the community into the legislative process and Honourable members interjecting. that the community’s voice was very important. This was a key factor in the request to the Victorian people Mr BRUMBY — MPs on the other side are getting for support from the Premier himself. He said that the a bit excited and are saying there are not enough copies people of Victoria would become part of the legislative of the bill. There are enough copies of the bill for every process. That will not occur with this 600-plus book of member of Parliament. Go out to the papers office and a bill, which is bigger than some editions of the Bible. you will get them. Walk out there and you will get GAMBLING REGULATION BILL

Thursday, 6 November 2003 ASSEMBLY 1603 them — there are enough for every member of Honourable members interjecting. Parliament. Mr BRUMBY — That is not true. The minister Honourable members interjecting. made it very clear before that adequate briefings will be provided. Again I can remember back to another The ACTING SPEAKER (Ms Lindell) — Order! government under which you could never get a briefing on a piece of legislation. You would have omnibus Mr BRUMBY — I listened to the honourable legislation covering many acts of Parliament coming up member for Mornington — — towards the end of a sitting and being rammed through An Honourable Member — You did not. with no briefings for the then opposition, yet members of the present opposition come in here today and say, Mr BRUMBY — I listened. I dwelt on every word, ‘Give us four weeks’. I remember industrial relations and I heard him use the word ‘scrutiny’. The member legislation, Workcover legislation, casino legislation — for Mornington was missing during the 1990s — he all of that. just went missing! Talk about scrutiny! Which government provides more scrutiny, more Honourable members interjecting. parliamentary committees, more days of sitting and The ACTING SPEAKER (Ms Lindell) — Order! more question time each day? There is more scrutiny The member for South-West Coast! under this government than there has ever been in the state of Victoria. Mr BRUMBY — You are busy getting the numbers for preselection for federal Parliament, that is what you Dr Napthine — On a point of order, Acting are busy doing. Speaker, this is a very narrow debate on the matter of time. It concerns whether debate on this bill should be The ACTING SPEAKER (Ms Lindell) — Order! adjourned for four weeks, as per the proposed The Treasurer, on the question of time. amendment, or, defending the government’s position, for only a limited two-week period. I ask you to bring Mr BRUMBY — The other point about this the Treasurer back to debating the issue of time. legislation is that the bill is a consolidation.

Mr BRUMBY — On the point of order, Acting Honourable members interjecting. Speaker, I am making out the case as to why two weeks is a reasonable and accepted period of time. Mr BRUMBY — That is exactly right. One of the things the government inherited from the former Honourable members interjecting. government was a range of different acts of Parliament which relate to gambling. What the government is Mr BRUMBY — Yes, I am. The opposition does doing because it is cutting regulation is consolidating not like it, because members of the opposition simply them into a single act of Parliament which has fewer will not work. pages than are required in the present acts of Parliament, so there is actually less material in the bill Honourable members interjecting. than in the acts. There are two weeks available. The Mr BRUMBY — You will not do the work. I am minister has guaranteed that members of Parliament advancing my case as to why two weeks is a reasonable will get adequate access — — period of time. It is the accepted practice in this place, The ACTING SPEAKER (Ms Lindell) — Order! and I believe the comments I have been making are The Treasurer’s time has expired. As the sixth speaker fully consistent with that. has been heard on the question of time, under sessional The ACTING SPEAKER (Ms Lindell) — Order! orders I will now put the question. I do not uphold the point of order. Mr Ryan — On a point of order, Acting Speaker, I Mr BRUMBY — Can I just go to the question of desire to move, by leave: time and the accepted practice in this place. I can That additional speakers be able to put the case in relation to remember numerous occasions under a former this important issue. government when omnibus legislation involving many more acts of Parliament than this was presented late in I do so because it is justifiable in all the prevailing the sitting and there was never any exception to the circumstances, given the size — literally — of the two-week period. It has been the accepted practice. legislation which is the subject of this consideration. GAMBLING REGULATION BILL

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The ACTING SPEAKER (Ms Lindell) — Order! House divided on motion: Is leave — — Ayes, 58 Mr Ryan — With respect, Acting Speaker, I see the Allan, Ms Jenkins, Mr raising of the eyebrows towards the Labor benches. Andrews, Mr Kosky, Ms With the greatest respect, it is a disappointing reaction, Barker, Ms Langdon, Mr Batchelor, Mr Languiller, Mr but I ask for a ruling on the point of order. Beard, Ms Leighton, Mr Beattie, Ms Lim, Mr The ACTING SPEAKER (Ms Lindell) — Order! Bracks, Mr Lindell, Ms Is leave granted? Brumby, Mr Lobato, Ms Buchanan, Ms Lockwood, Mr Mr BATCHELOR (Minister for Transport) — Cameron, Mr McTaggart, Ms Leave is refused. Campbell, Ms Marshall, Ms Carli, Mr Maxfield, Mr Crutchfield, Mr Merlino, Mr House divided on omission (members in favour vote no): Delahunty, Ms Mildenhall, Mr Donnellan, Mr Morand, Ms Ayes, 58 Duncan, Ms Munt, Ms Allan, Ms Jenkins, Mr Eckstein, Ms Nardella, Mr Andrews, Mr Kosky, Ms Garbutt, Ms Neville, Ms Barker, Ms Langdon, Mr Gillett, Ms Pandazopoulos, Mr Batchelor, Mr Languiller, Mr Green, Ms Perera, Mr Beard, Ms Leighton, Mr Haermeyer, Mr Pike, Ms Beattie, Ms Lim, Mr Hardman, Mr Robinson, Mr Bracks, Mr Lindell, Ms Harkness, Mr Savage, Mr Brumby, Mr Lobato, Ms Helper, Mr Seitz, Mr Buchanan, Ms Lockwood, Mr Holding, Mr Stensholt, Mr Cameron, Mr McTaggart, Ms Howard, Mr Thwaites, Mr Campbell, Ms Marshall, Ms Hudson, Mr Trezise, Mr Carli, Mr Maxfield, Mr Hulls, Mr Wilson, Mr Crutchfield, Mr Merlino, Mr Ingram, Mr Wynne, Mr Delahunty, Ms Mildenhall, Mr Donnellan, Mr Morand, Ms Noes, 24 Duncan, Ms Munt, Ms Asher, Ms Mulder, Mr Eckstein, Ms Nardella, Mr Baillieu, Mr Napthine, Dr Garbutt, Ms Neville, Ms Clark, Mr Perton, Mr Gillett, Ms Pandazopoulos, Mr Cooper, Mr Plowman, Mr Green, Ms Perera, Mr Delahunty, Mr Powell, Mrs Haermeyer, Mr Pike, Ms Dixon, Mr Ryan, Mr Hardman, Mr Robinson, Mr Doyle, Mr Shardey, Mrs Harkness, Mr Savage, Mr Honeywood, Mr Smith, Mr Helper, Mr Seitz, Mr Jasper, Mr Sykes, Dr Holding, Mr Stensholt, Mr Kotsiras, Mr Thompson, Mr Howard, Mr Thwaites, Mr McIntosh, Mr Walsh, Mr Hudson, Mr Trezise, Mr Maughan, Mr Wells, Mr Hulls, Mr Wilson, Mr Ingram, Mr Wynne, Mr Motion agreed to and debate adjourned until Thursday,

Noes, 24 20 November. Asher, Ms Mulder, Mr Dr Napthine — I raise a point of order, Deputy Baillieu, Mr Napthine, Dr Speaker, with respect to the bill the house has just dealt Clark, Mr Perton, Mr Cooper, Mr Plowman, Mr with. Although I respect the decision of the house, we Delahunty, Mr Powell, Mrs were advised by the Acting Speaker when this bill was Dixon, Mr Ryan, Mr second-read that only a limited number of copies were Doyle, Mr Shardey, Mrs available because of a delay in their printing. She said Honeywood, Mr Smith, Mr Jasper, Mr Sykes, Dr very few copies of the bill were available today, that a Kotsiras, Mr Thompson, Mr few more would be available tomorrow but that the McIntosh, Mr Walsh, Mr bulk would not be available until next Wednesday. Maughan, Mr Wells, Mr Given that this is a 633-page bill and given the importance of members circulating the bill to their local Amendment negatived. gaming venues, including clubs and hotels — — GAMBLING REGULATION BILL

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Honourable members interjecting. have 88 times 20 copies of any bill available in the papers office. If that were the normal practice, you The DEPUTY SPEAKER — Order! I ask the would see no trees left in Victoria because they would house to come to order. The member is raising a serious all be cut down to provide copies that are not required. point of order. The normal procedure is for copies to be provided on Dr Napthine — Whether they be people who give the Internet or to be made available in the papers office. advice or help to gamblers or not, it is important that That is the case now. The member for South-West there are adequate numbers of bills to circulate. Coast is trying to contrive a problem when there is not Therefore, my point of order is about whether one, because opposition members do not want to do the Parliament would courier 20 copies of the bill to each work. They are trying to delay it and are really negating electorate office as soon as they are available so that the debate that took place previously. members — — The DEPUTY SPEAKER — Order! I have heard Honourable members interjecting. sufficient on the point of order. I believe it is firstly necessary to provide to the house some information on The DEPUTY SPEAKER — Order! The house is the number of copies of the bill that are currently being particularly fractious at the moment. The member available. is raising a point of order, which he is entitled to do. The Chair needs to hear and understand the point of The Acting Speaker previously advised the house order being raised by the member for South-West regarding the delay in the printer providing copies of Coast, and I seek the assistance of the house to do so. the bill for circulation. Since then there have been some assumptions made about the number of copies of the Dr Napthine — As you would be aware, Deputy bill that are currently available. It is my advice that Speaker, the house will not be sitting next week, so there are currently 150 copies of the bill available, country members will be in their electorates and many which is more than sufficient for each of the member of other members will be undertaking activities in their the house to have one. A further 50 or so copies of the electorates. It is important that copies of the bill be bill will be available tomorrow — — made available at the earliest opportunity, given that we have decided to have only a two-week adjournment, so Mr Jasper interjected. that members can circulate them to interested groups and individual constituents who may like to have a look The DEPUTY SPEAKER — Order! The member at this fundamental legislation which will change how for Murray Valley will respect the Chair. More copies the gaming industry is operated throughout the state of of the bill will be made available following that. Victoria. To those members who say that the bill is available on the Internet: I recognise that, but not all Dr Napthine — When? gaming venues have access to the Internet. Also, it would take a long time to look at a bill consisting of The DEPUTY SPEAKER — Order! I warn the 633 pages online and print it off so people could have a member for South-West Coast! printed version to examine and compare with existing The bill will also be available online in the normal legislation. manner. While the Acting Speaker has advised that Given the size and importance of the bill, the fact that there are limited copies of the bill available, there are there is only a short two-week adjournment and the certainly enough for all members of the house plus delay in the printing process, I ask that 20 copies of the copies beyond that, and more copies will be available bill be couriered to each and every electorate office so tomorrow. I am aware of the size of the bill, which has that members will be able to circulate them to interested been pointed out on a number of occasions, but I am groups and individuals within their electorates as soon not sure whether the size of the bill goes to the number as possible. of copies that are available.

Mr Batchelor — On the point of order raised by the The matter raised by the member for South-West Coast member for South-West Coast, Deputy Speaker, he has goes beyond the normal practices and procedures of asked the Parliament to undertake an exercise that is not this house. The limited number of copies of a bill has normal parliamentary procedure. He has asked for been raised before in this house, but a request to courier copies of this particular bill to be couriered out despite a specific number of copies to electorate offices goes it being made available on the Internet and there being beyond the normal practices and procedures of the copies available in the house now. It is not normal to house. I will inform the Speaker that the matter has PARLIAMENTARY COMMITTEES BILL

1606 ASSEMBLY Thursday, 6 November 2003 been raised and ask her to give further consideration to The power will also be able to be exercised by it. individual or specific members of the committee if the committee unanimously agrees to that individual or those specific members doing so. PARLIAMENTARY COMMITTEES BILL As recommended by SARC, parliamentary committees Second reading will be able to take evidence in private if the committee informs the witness that special circumstances make it Mr BATCHELOR (Minister for Transport) — I desirable for the committee to do so. Individual or move: specific members will be able to take evidence on That this bill be now read a second time. behalf of the whole committee if the committee unanimously agrees to that individual or those specific The proposed bill adopts the broad thrust of the members doing so and the relevant witness consents to findings made by the Scrutiny of Acts and Regulations this approach. Committee in its June 2002 report on parliamentary committees. The government supported the Parliamentary committees will also be able to use implementation of a number of the recommendations to evidence from an incomplete former committee inquiry further improve what is presently an effective where the committee has the same name or function of parliamentary committee system. the former committee.

The bill repeals the Parliamentary Committees Act The proposed act will provide that reports by 1968 by replacing it with a new Parliamentary parliamentary committees and responses to committee Committees Act 2003. reports can be provided to the clerks of the Parliament when Parliament is not sitting at the time when such A key recommendation of the SARC report was that reports and responses are ready to be made. the current act be replaced with a new act which is more logically structured and uses plain English. The The Scrutiny of Acts and Regulations Committee will report highlighted the fact that the existing act is be given the power to consider an act once enacted, if piecemeal, having been amended over 30 times since the act was not considered by it at the bill stage. This 1968, and does not follow a logical structure. The power is only available for 30 days after the report also noted that the act contained convoluted establishment of a current Scrutiny of Acts and language in some areas. Regulations Committee.

The proposed act has been reviewed with this in mind. The new act will contain only fundamental provisions It has been broadly modelled on the draft bill provided relating to the establishment of the Library Committee in SARC’s report, uses plainer English and has been and the House Committee, with other matters in reorganised in a more logical and structured fashion. relation to these committees to be dealt with by the joint standing orders. The new act does not alter the composition and number of parliamentary committees. That was examined Part II of the current Parliamentary Committees Act earlier in 2003. Consequently there are no changes to 1968 has not been replicated in the new act. A number the functions or composition of parliamentary of the provisions contained in part II of the 1968 act committees in the proposed act. However, given the relating to private bills are obsolete. The process for extensive reform of the Legislative Council that has private bills under the act has not been used since 1981. been recently implemented a further review of the role Standing orders in the Assembly and in the Council and nature of Legislative Council committees may be adequately deal with private bills. Since 1981, undertaken by the government at a future date. The 39 private bills have been considered by the house, and proposed act continues to provide that parliamentary in each case they have been treated as normal public committees can be established by a resolution of either bills. house or by the Governor in Council. If there is an objection to a private bill, then the costs of The evidentiary powers of parliamentary committees the private bill can be collected from the promoter of will be expanded to enable parliamentary committees to the private bill under the standing orders. send for persons, documents or other things. This will ensure that parliamentary committees have the power to The proposed act will require a number of transitional request electronically stored information and exhibits. and consequential amendments. These changes are SHOP TRADING REFORM (SIMPLIFICATION) BILL

Thursday, 6 November 2003 ASSEMBLY 1607 consistent with recommendations contained in SARC’s SHOP TRADING REFORM report. (SIMPLIFICATION) BILL

As the proposed act impacts on section 85(5) of the Second reading Constitution Act 1975, I wish to make the following statement under section 85(5) of that act setting out the Mr BRUMBY (Treasurer) — I move: reasons for altering or varying that section. That this bill be now read a second time. Clause 50 of the proposed act provides that proceedings The purpose of the bill is to simplify the regulation of of joint investigatory committees, or any shop trading hours in Victoria in order to provide recommendations or reports made by a joint greater clarity and certainty for businesses, their staff investigatory committee, do not give rise to a cause of and the broader community. action in law and must not be the subject of, or in any way be called into question in, any proceedings before In doing so, the bill is consistent with the government’s a court. election commitment to promote a competitive and fair marketplace, to minimise the regulatory compliance Section 19 of the Constitution Act 1975 provides that burden on small business and to support a move to the Council and the Assembly and their committees and greater harmonisation of public holidays and shop members hold and enjoy the same privileges, trading days with other states and territories. immunities and rights as were held by the House of Commons in 1855. Therefore Victorian parliamentary This state currently has one of the most liberal shop committees are protected from being ‘impeached or trading laws in Australia — all shops are able to open questioned’ in any ‘court or place of Parliament’. without restriction, 24 hours a day, 7 days a week for 361.5 days per year. The powers and privileges of both the houses of Parliament include the inherent power to take any A principal objective of the Shop Trading Reform Act action to ensure the functioning of its chambers, to 1996 is to provide retailers with flexibility in deciding regulate its proceedings and to arrest and punish for when they choose to open in response to consumer contempt or breach of privilege. To avoid doubt, needs. The act also recognises that special days — clause 50 of the bill expressly seeks to protect Good Friday, Easter Sunday, Christmas Day and before committee proceedings, reports and recommendations 1.00 pm on Anzac Day — deserve special treatment from judicial consideration. This allows committee and that trading should be restricted on these days. members to discharge their duties and responsibilities without obstruction or fear of prosecution and to foster The underlying operational and enforcement aspects of free and frank discussion of proposals and matters that the original 1996 act are deficient. For instance, while may be considered by committees. the act generally provides that a shop must close on the specified 3.5 days a year, schedule 1 to the act lists Clause 50 is a replication of section 4U of the certain kinds of shops that are exempt from this Parliamentary Committees Act 1968. requirement if they are a small business. The schedule is a byzantine collection of exemptions that have been Clause 51 states that it is the intention of the proposed granted since 1919. There is no clear rationale section 51 to alter or vary section 85 of the Constitution underlying why some types of shops may open and Act 1975 others cannot. The opportunity to clarify the exemption The improvements made by proposed act, as identified arrangements was not taken in 1996 when the Shop by SARC in its report, will also result in potential Trading Act 1987 was repealed. budget and time savings, making the parliamentary It is not clear why a stamp and coin shop is exempt committee system a more efficient parliamentary under the act, but a jewellery shop is not. A process able to consider a wide range of issues of dressmaker’s or tailor’s shop is exempt, but a clothing interest to Victorians in the most effective manner. shop is not. The schedule also provides exemptions for I commend this bill to the house. saddlery shops, swimming pool shops and shops selling odds and ends of an artistic or antiquarian interest. Debate adjourned on motion of Mr HONEYWOOD (Warrandyte). Furthermore, while the definition of a ‘shop’ under the act focuses on businesses that sell goods by retail, it Debate adjourned until Thursday, 20 November. also specifically includes certain types of service SHOP TRADING REFORM (SIMPLIFICATION) BILL

1608 ASSEMBLY Thursday, 6 November 2003 businesses, such as hairdressers, drycleaners and arrangements also mean that compliance with the act undertakers. It is therefore clear that the collection of can be more easily monitored and enforced. exemptions that have been granted since 1919 creates scope for confusion among businesses and the For the last eight years, since the introduction of the community concerning whether or not the law applies Shop Trading Reform Act in 1996 responsibility for to a certain type of shop. This lack of clarity also makes investigating possible breaches of the act has been with enforcement of the act difficult. the Victoria Police. Given the wide range of responsibilities of the Victoria Police, particularly on The bill addresses these cumbersome provisions by the holidays when the restricted trading days fall, it is simplifying them in several ways. The schedule of clear that more appropriate enforcement arrangements exempt shops will be abolished, providing all small can be made. Therefore, the bill provides for the shops with a real choice of whether to open or close on appointment of inspectors to monitor compliance with restricted trading days. Furthermore, for simplicity the the act with powers that are appropriate to the task. definition of ‘shop’ will be amended so that the act only applies to businesses that sell goods and does not Inspectors will be appointed by the Secretary of the extend to the retail provision of services or the hire of Department of Innovation, Industry and Regional goods. Development and would have similar powers as those provided to consumer affairs inspectors. The powers It will also be simpler for businesses to determine will be limited to those necessary to ensure proper whether they fall below the employee threshold and can compliance with the act, thus being significantly less therefore choose to open on restricted trading days. The than those currently available to police. It is anticipated bill provides that a shop is exempt if the number of that the department will enter into an administrative persons employed and on duty in the shop on a arrangement with Consumer Affairs Victoria to appoint restricted trading day does not exceed 20. This figure is consumer affairs inspectors to also be shop trading in line with the Australian Bureau of Statistics (ABS) inspectors. It is envisaged that the inspectors will work definition of small business and is the same figure closely with the relevant officers of the Department of currently used in the act. Innovation, Industry and Regional Development, who currently receive complaints from the public regarding To ensure that small retailers are given a real possible breaches of the act. The use of inspectors opportunity to close or open, the employment threshold rather than police means that enforcement arrangements for related entities is maintained but increased from the are better aligned to the nature of the task. 20 persons currently in the act to 100 persons. These provisions enable small businesses that operate from While the bill gives small businesses greater flexibility several locations to be exempt, while still requiring on trading hours, it is important that the decision to larger retailers who employ more than 100 full-time open on Sundays and public holidays remains their equivalent persons to close on the restricted trading choice. Section 7 of the act provides that safeguard as it days. voids a lease provision that requires a shop to open on a Sunday or a public holiday. However, the narrow The act already recognises that certain types of definition of a ‘shop’ for the purposes of this act means shops — namely, chemists and petrol stations — that this protection does not extend to all retail tenants. should be permitted to open throughout the year The bill addresses this inconsistency by ensuring that regardless of their size. Given the nature of activities tenants of retail premises within the meaning of the the public undertakes over holiday periods, including Retail Leases Act 2003 also benefit from protection travel, the closure of certain food outlets can create a against being required to open on Sundays and public significant inconvenience to the community. Therefore, holidays. the bill provides that any shop whose predominant business is that of an eating house, restaurant or cafe is The bill simplifies Victoria’s shop trading arrangements an exempt shop and may open on restricted trading and provides small business with the choice to close or days. This will ensure that the legal uncertainty that has open on restricted trading days. However, experience surrounded dining out for Christmas celebrations since indicates that the majority will still choose to close. The 1996 is removed. bill ensures that Victoria’s shop trading arrangements provide a balanced approach that meets community The effect of these amendments is that small businesses needs now and into the future. are treated more consistently and fairly under the act and that its provisions will be better understood by both I commend the bill to the house. retailers and the broader community. These simplified FIREARMS (AMENDMENT) BILL

Thursday, 6 November 2003 ASSEMBLY 1609

Debate adjourned on motion of Ms ASHER (Brighton). target shoots), provided that at least 6 of those events are approved handgun target shooting matches. This Debate adjourned until Thursday, 20 November. amendment removes the requirement for mandatory participation in a minimum of four handgun target FIREARMS (AMENDMENT) BILL shoots each year, where participation in such events may not be appropriate or desirable from the point of Second reading view of the shooter concerned, whilst preserving the requirement for participation in at least six approved Mr HAERMEYER (Minister for Police and handgun target shooting matches and at least Emergency Services) — I move: 10 ‘shooting events’ each year.

That this bill be now read a second time. This amendment is the result of a balanced consideration and recognition of stakeholders’ views in The tragic events at Monash University on 21 October relation to the minimum participation requirements. 2002 led to the establishment of a national handgun control agreement. All Australian governments entered The bill will also amend the Firearms Act 1996 to insert into the agreement on 6 December 2002, and legislation a definition of ‘handgun target shoots’ for the purposes giving effect to this agreement is or will be the subject of sections 16 and 19 of the act, which set out the of legislation in all jurisdictions. minimum participation requirements for general category handgun licensees and junior general category Key elements of the national handgun control handgun licensees respectively. agreement include: The statue law revision amendments referred to correct, restricting the range of handguns that can be used for amongst other things, a cross-referencing error in the handgun shooting; Firearms Act 1996 concerning the power of authorised ensuring that handgun target shooting events are fisheries and wildlife officers to conduct searches in confined to recognised target shooting matches; circumstances where those officers suspect a breach of the Firearms Act 1996 has occurred and to seize any requiring sporting shooters to demonstrate a genuine firearm or cartridge found during the course of any commitment to their sport by setting minimum search. annual participation requirements. I commend the bill to the house. This bill will amend the Firearms Act 1996 to clarify the participation requirements for sporting shooters and Debate adjourned on motion of Mr WELLS (Scoresby). will make certain statue law revision amendments Debate adjourned until Thursday, 20 November. required to address cross-referencing errors in the act.

The Firearms Act 1996 currently sets out minimum CRIMES (MONEY LAUNDERING) BILL participation requirements for handgun target shooters. The requirements are currently provided for in respect Second reading of each class of handgun. This bill will provide for the prescribing of ‘classes’ of handguns in the regulations Mr HULLS (Attorney-General) — I move: for the purposes of sections 16 and 19 of the act. Consultation has already occurred and will continue in That this bill be now read a second time. respect of the proposed handgun classes. The bill implements the government’s election commitment to close loopholes in Australian laws The act currently requires handgun target shooters to which may be exploited by organised criminals moving participate in a minimum number of approved handgun between jurisdictions. It will also implement the target shooting matches and handgun target shoots each commitment made by the Premier at the 2002 Council year. Following consultation with stakeholders, it has of Australian Governments summit on terrorism and also been determined that the bill should amend multijurisdictional crime to reform the laws relating to sections 16 and 19 of the act so that a handgun target money laundering. This is part of a national initiative to shooter will satisfy the minimum participation tackle money laundering and organised criminal requirements if s/he participates in a minimum of networks. 10 ‘shooting events’ each year (which events may be approved handgun target shooting matches or handgun CRIMES (MONEY LAUNDERING) BILL

1610 ASSEMBLY Thursday, 6 November 2003

Money laundering is a process of converting cash or The bill will also clarify the fault elements of the other property derived from criminal activity to make it offences by creating separate offences for each fault appear to be legitimately obtained. Criminals keep element. generating profits but distance themselves from the criminal activity that produces their wealth, making it The bill also creates a new offence comparable to the harder to prosecute them and confiscate their ill-gotten existing offence of dealing with property that may gains. reasonably be suspected to be proceeds of crime.

Money laundering is a significant global problem. The Instruments of crime International Monetary Fund estimates that the scale of money laundering worldwide is between 2 per cent and The bill creates three offences for dealing with 5 per cent of global gross domestic product. This is a instruments of crime — that is, property (including problem that must be addressed by governments across money) that is used to facilitate or commit crimes. the world. The Bracks government is taking action to These offences are new in Victoria. attack this black economy. In 1999 the Australian Law Reform Commission The bill strengthens Victoria’s laws against people who reviewed the effectiveness of money laundering profit from or facilitate crime. Like the recent offences similar to the current Victorian offences. The amendments to the Confiscation Act 1997, this bill is commission concluded that a significant case had been part of the government’s commitment to ensuring that made for extending the operation of these offences to those who engage in criminal activity as a business can catch people who deal with money or other property in be effectively dealt with under the law and do not profit preparation for criminal activity. As the commission from that activity. concluded, laws such as those we currently have in Victoria are ineffective where a person is engaged in Victoria currently has money laundering offences in criminal activity as a business and is detected dealing part 14 of the Confiscation Act 1997. These existing with money or property to set up an offence. offences relate to dealing with property, including money, that is derived from criminal activity. However, In response to the Australian Law Reform money laundering is more than just an aspect of the Commission’s report, the commonwealth government confiscation regime. The bill will relocate money recently amended its offences to include dealing with laundering offences to the Crimes Act 1958. This instruments of crime. Consistency across jurisdictions reflects the seriousness of the offences and their will enhance the effectiveness of money laundering application to a broad range of criminal activity. offences. The bill therefore aligns Victoria’s laws to those at commonwealth level to close potential A person will only be liable under these new offences if loopholes. he or she is alleged to have committed an offence on or after commencement of this bill. For money laundering The new offences will apply to people who deal with offences alleged to have been committed before the property, including money, and who know or who are commencement of this bill, the existing offences in reckless or criminally negligent about whether the part 14 of the Confiscation Act 1997 will continue to property will be used to commit a crime. apply. These new offences will apply to people who may Proceeds of crime currently be prosecuted under the law of complicity who facilitate crimes. However, under the law of The bill creates four offences for dealing with proceeds complicity a person must intend to facilitate a criminal of crime — that is, property (including money) derived offence. These new laws will also create liability in from criminal activity. These offences will apply to situations where people are reckless or criminally people who deal with property, including money, and negligent about whether they are facilitating criminal who know or who are reckless or criminally negligent activity. about whether the property is the proceeds of crime. Although this new category of offences has been This series of offences is similar to the existing money modelled on the commonwealth’s laws, it does not go laundering offence in section 122 of the Confiscation as far as the commonwealth provisions. Notably, under Act 1997. The most significant change is that for the the new Victorian laws a person will only be guilty of most serious offence the prosecution will be required to an instruments of crime offence if the property he or prove that the defendant intended to ‘launder’ the she dealt with is actually used in criminal activity. By property, in the sense of disguising its illegal origins. contrast, under the commonwealth laws a person can be FAIR TRADING (FURTHER AMENDMENT) BILL

Thursday, 6 November 2003 ASSEMBLY 1611 guilty even if the property does not end up being used Debate adjourned on motion of Mr McINTOSH (Kew). to commit an offence. Debate adjourned until Thursday, 20 November. Extending money laundering laws to cover people dealing with instruments of crime will ensure that people who finance or otherwise facilitate crimes can FAIR TRADING (FURTHER be brought to justice. However, the laws will not cast AMENDMENT) BILL the net so wide as to capture innocent Victorians. As a Second reading safeguard against the inappropriate use of the new laws, the bill requires the Director of Public Prosecutions to Debate resumed from 5 November; motion of consent before a prosecution for dealing with property Mr HULLS (Attorney-General); and Mr KOTSIRAS’s which subsequently becomes an instrument of crime amendment: can commence. That all the words after ‘That’ be omitted with the view of With regard to the offences of dealing with proceeds of inserting in place thereof the words ‘this house refuses to read this bill a second time until there has been an independent crime and dealing with instruments of crime, it is cost-benefit analysis of the bill’s impact on employment and necessary to show that the property was derived from or investment in regional Victoria and until further consultation used in the commission of some other offence. There on employment and investment loss is undertaken with may be circumstances in which it is possible to prove workers and businesses in this sector of the economy’. beyond reasonable doubt that property is derived from Government amendment circulated by Mr HULLS or used in a relevant offence, but it is not possible to (Attorney-General) pursuant to sessional orders. prove the precise details of that offence. Debate adjourned on motion of Mr LANGDON For example, if a person is apprehended in possession (Ivanhoe). of a large amount of money and the person admits that the money is the proceeds of an armed robbery but does Debate adjourned until later this day. not say which robbery the money was from, it may not be possible to prove when the robbery was committed or who committed it. PROFESSIONAL STANDARDS BILL

The bill clarifies that, as long as it is possible to prove Second reading that the money was derived from, or used in, an offence Debate resumed from 5 November; motion of falling within certain categories, it is not necessary to Mr BRUMBY (Treasurer). prove all of the details of that offence. Mr LONEY (Lara) — The Professional Standards In some cases, the facts may show that the property Bill is part of a raft of measures that have been must have been derived from one of two (or possibly introduced by this government to address community more) alternative offences, each of which is an offence concern related to professional indemnity insurance. referred to in the definition of ‘proceeds of crime’. Every member of Parliament has certainly been aware However, it may not be possible to say which one of over the last year or so of the difficulties that many those offences the property was derived from. In these individuals and organisations have had in accessing cases, if it can be proved beyond reasonable doubt that indemnity insurance. Consequently a variety of the property must have been derived from one of the measures have been introduced to assist people and alternative offences, should not be necessary to prove organisations to access liability insurance. As a result of which one. The same applies in the context of those changes and the changes that are currently before ‘instruments of crime’. the house, the ball is now firmly in the court of insurance companies to respond to the changes. Alongside the government’s recent improvements to Victoria’s confiscation laws, this bill is an important Despite some improvement in access to insurance in part of our commitment to ensuring that those who certain areas in which it was very difficult or had engage in criminal activity as a business can be become almost impossible to access, we are still seeing effectively dealt with under the law and do not profit premiums continuing to rise, and some insurance from that activity. companies at least refusing to offer insurance despite the measures the government has introduced. At the I commend the bill to the house. same time we have seen reports in the financial pages of some of those companies having had significant PROFESSIONAL STANDARDS BILL

1612 ASSEMBLY Thursday, 6 November 2003 profit growth, and as a result there has been growing so this bill provides for the appropriation of money cynicism in the community about what is actually going from time to time by the Parliament. It is also important on. I suggest there is a growing belief in our community to note that such associations, once established, will be that, like some of the banks in the past which would required to report annually to the Professional only lend you money if you could prove you did not Standards Council concerning a number of matters, need it, we now have some insurance companies which including implementation and monitoring of risk seem to take the view that they will insure risk if it can management strategies. be shown that there is no risk. The scheme being introduced here is similar to schemes This legislation is designed to enable the creation of that have already been introduced in New South Wales schemes to limit the civil liability of professionals and and Western Australia, and hopefully it will go on to members of occupational associations and groups. It become part of a truly national scheme. However, there facilitates the improvement of occupational standards are some differences from the schemes in other states. of such persons and protects the consumers who receive services from those people. Further, the bill establishes I believe an important difference to be that the the Professional Standards Council to supervise the Victorian scheme will not limit liability for breaches of preparation and approval of schemes and to assist in the fiduciary duty. This is a very important point and one improvement of occupational standards and protection that I certainly would support in this legislation. That is of consumers. because the view taken here is that such a breach is unlikely to arise as a result of negligence. The view is It is important to note that under this bill members of that rather it is more likely that breaches of fiduciary any occupational or professional association may apply duty will involve fraudulent and/or dishonest on a voluntary basis to be covered by a scheme to limit behaviour. It is the view of the government that such their occupational liability. Such a scheme then may behaviour should not then receive the benefit of a apply to all or certain classes of the members of that reduced liability in terms of the payout. That is an scheme, business partners or employees, or any important part of this bill, and I would hope that in member of that professional association subject to going to a national scheme it will be picked up rather certain conditions, or in fact any person who is so than having what is a stronger clause than in New specified by the regulations. South Wales and Western Australia watered down.

Essentially this bill has three components. Firstly, it The Victorian scheme also puts an obligation on a limits liability by capping the level of damages that can member of the scheme to inform a client that a be awarded for economic loss. It is important to note limitation of liability applies to the service being that the bill does that. The cap will not apply to liability provided. In other words, they must actually make their arising from claims of death, personal injury or any client aware before he or she enters into a contract for a conduct involving a breach of trust, fraud or dishonesty. service that should something go wrong as a result of The second essential component of this bill is a their negligence there is a limit on the amount of the requirement that the professional benefiting from such a payout. That is defined in clause 35 of this bill, which liability cap must develop and adhere to risk spells how it will be done and what will not be management strategies. Further, the bill will establish a acceptable. I note the provision that says that simply Professional Standards Council to supervise the providing a business card will not constitute proper preparation and approval of schemes for limiting the information under the terms of this bill. liability of members of a relevant association. That Professional Standards Council is to be fully funded There will be an actual obligation on the member of the from fees payable to the council by occupational professional association, if they wish to have associations. limitation-of-liability cover, to properly inform their clients that that is the case. Again, if they do not carry I guess you could argue that these fees are not that out properly according to the act, they could be insubstantial, but they are not so onerous I would think subject to a fine of some 500 penalty units. I think a as to be a barrier to the setting up of such organisations. penalty unit is still $100, so it potentially equates to a The application fee will be $5000, and there will be an substantial fine of $50 000 for breaching that part of the annual fee of $35 per member of the professional act. The move to establish professional standards association. We need to note that in the initial years bodies throughout our community, apart from its there may be a need to provide for minimal support having arisen out of the current insurance problems, is a from the state, but it is the intention that these good one. I think that all members of this house will associations should become self-supporting over time, PROFESSIONAL STANDARDS BILL

Thursday, 6 November 2003 ASSEMBLY 1613 support trying to improve professional standards in all gone out there one day and joined in the craft activities, areas and aspects of activity throughout the community. I found that the most dangerous thing that could occur was pricking a finger when threading beads to make a It is to be noted that while we call this a professional necklace — something which I struggled to do, I should standards bill tradespeople can also form associations add. under this act. I also note that the bill has had widespread support from a number of organisations, So this highlights the need to talk to insurance from employer groups on the one hand to the companies and lock them into written commitments to Australian Council of Trade Unions on the other, all set premiums that accurately reflect the real risks with supporting this move to professional standards. It public liability insurance and professional indemnity contains within it provisions for dispute settling, insurance. The Leader of the National Party did this in including the mediation of disputes, before people preparing his proposed Public Liability Insurance Bill, actually get into the area of seeking damages. Many which as the member for Box Hill said got the small grievances can be handled in that way. The bill government thinking about this whole issue, although it takes us a step forward, and I hope that as a result still took some time to act. insurance companies accept their responsibilities. Returning to the professional indemnity insurance The SPEAKER — Order! The member’s time has issue, an experience I had a couple of years ago expired. highlighted a flawed approach by the insurance industry to setting premiums, and I would like to relate that Dr SYKES (Benalla) — In speaking on the experience to the house now. When my insurance Professional Standards Bill 2003, I wish to first of all company sent out my renewal notice it requested that I acknowledge the excellent contributions by the member complete a questionnaire which explored the nature of for Box Hill and the Leader of the National Party. the work I was doing, while focusing on two particular Together their contributions described the nature and areas of interest: one was the export of livestock and the intent of the bill and also raised a number of issues that other was Johne’s disease. The company was obviously require clarification. I wish to comment on this bill attempting to assess the risk involved in the nature of from the perspective of a veterinary consultant who in a my work so that it could set its premium more previous life had first-hand experience of spiralling accurately. I responded, and in addition to completing professional indemnity insurance premium increases the questionnaire I offered to send the company my and the general challenge of working in an environment curriculum vitae to help it understand the true nature where accepting responsibility for your own actions and and breadth of my business. using commonsense to resolve issues were becoming less common. Without receiving that curriculum vitae the company subsequently advised me that my insurance premium The purposes of this bill, as described by other had gone up 30 per cent, which annoyed me a fraction. speakers, are twofold. First of all, it provides limitation When I contacted the company it explained that that of liability for members of occupational associations. was due to the 11 September events — something Secondly, and importantly, it facilitates improvements which had nothing to do with my risk but which was its in the standard of services provided by those members reason for upping the premiums. After further to the public. The need to limit liability has been prompting I managed to get the company to accept my highlighted with the ongoing public liability insurance curriculum vitae, and after more prompting the issue, which continues to impact on the lives and company contacted me and said it was prepared to businesses of people throughout the electorate of cover me for the kind of work that I did. However, on Benalla. questioning it said my premium would go up another 100 per cent. For example, there is the Greta ladies craft group, which meets regularly at the old Greta school. The At that stage I saw red and asked why. The company’s 20 or so ladies who meet every month have a great answer was that it related to who I was working for — afternoon of fellowship during which they make a at that time it was the Australian government, livestock variety of items which are then sold to raise money for industry organisations, and a variety of other big local charities. Annually they net between $1000 and companies. There was absolutely no recognition of the $1500. The public liability insurance premium for the type of work I was doing, the quality control practices Greta ladies craft group has recently skyrocketed from under which my business operated or my approach to $200 per year to $800 per year — for something which risk management. After somewhat passionate I would have considered to be very low risk. Having discussions over the telephone, the issue was eventually PROFESSIONAL STANDARDS BILL

1614 ASSEMBLY Thursday, 6 November 2003 resolved when I received a visit from the state manager for their own actions; and I look forward to the of the relevant insurance company. We sat down introduction of commonsense and mediation into together, and he had the opportunity to see the type of problem solving when problems occur. work I did, how I managed my risk and the use to which my work was put. As a result of that visit the Mr ROBINSON (Mitcham) — It is a pleasure to 100 per cent loading on my premium was dropped. speak briefly on the Professional Standards Bill. I appreciate the remarks made by the honourable With this experience in mind, I strongly support the member for Benalla in his contribution. He was able to proposal to incorporate factors such as risk bring another perspective to the debate from his management and quality control into the equation by experience as a professional veterinarian. He outlined considering the way professionals and other related very well to the house the frustrating experience he occupations go about their activities. This proposal, went through when dealing with an insurer who at the plus caps on the maximum liability, should enable time was making judgments that seemed very premiums to be reduced. But there is a clear need for unreasonable. Many people across the state, in leadership from government to get binding particular people in the Mitcham electorate, would also commitments from insurance companies to do that. be familiar with that experience.

I am also pleased that this bill is part of a national The bill is necessary because of well-documented and approach, with New South Wales and Western unprecedented difficulties, catastrophic in nature, that Australia already having implemented similar have confronted the insurance industry in this country legislation. Certainly from the point of view of the and around the world. In the past four years we have had nature of the work I have previously been involved in, a series of terrorist events, such as 11 September 2001. and many other professions and occupations are Compounding that we have had the collapse of involved in, because we have clients in a number of Australia’s largest insurer, HIH, and we have seen some states, a national approach is just good commonsense. It scandals overseas — the Enron collapse comes to mind. is pleasing that that is coming on board. Both HIH and Enron exposed the fragile and unsustainable manner in which the insurance industry I also support the involvement of related occupational has been allowed to operate. associations, and the voluntary nature of their participation; although I would be most surprised if All of those events have compounded problems that nearly everyone did not take advantage of the have presented themselves for governments and arrangements that are proposed. parliaments to deal with in a relatively short time frame. It has been a trial for parliaments such as ours, and it I also support the principle of protecting consumers by has been a challenge for governments around the world. arrangements such as codes of practice and codes of Short of nationalising the insurance industry, which is ethics, quality control management and professional not a palatable option to governments and parliaments, education. Certainly in the veterinary profession there the only option has been to deal with the issues sector has been an ongoing expectation of continuing by sector. professional education for at least a decade, and those who fail to do it are considered to be putting themselves In this state we have been confronted with at least four at risk of being vulnerable to much greater claims distinct insurance problems. One of those was public should they do something incorrectly. I am also liability, and I think that has been well documented. encouraged to see that there is a desire to use mediation Another was building warranty insurance, which was in resolving problems, and that there will be complaints probably the first after the collapse of HIH. I see at the and disciplinary systems in place, and of course table the Minister for Planning, who is all too familiar monitoring of claims to keep track of what is going on. with the issues associated with building warranty insurance. Earlier this year we saw medical indemnity In conclusion I hope that the government in proceeding insurance raise its head. Now with the bill before the with the legislation will address the concerns raised by house we are dealing with professional standards. the Leader of the National Party and the member for Box Hill. I also ask the government to show leadership Making the government’s task even more complicated and lock the insurance companies into binding and complex is the fact that it is imperative to try to commitments to set affordable professional indemnity develop national standards and approaches. That is no insurance premiums that accurately reflect the risks easy thing in this country. The bill is a testament to the involved. I do not oppose the bill; I look forward to a hard work of many people across the country, including return to a situation where people accept responsibility in the public service in this state, who have, as the QUESTIONS WITHOUT NOTICE

Thursday, 6 November 2003 ASSEMBLY 1615 previous speaker indicated, managed to come up with a form of honorary auditors, which would leave the proposition that has the backing and endorsement of at service clubs in a very difficult position. As least some of the other states. incorporated bodies they need to complete the necessary returns and have their paperwork signed off. Despite all the difficulties in the insurance industry and So the legislation is very much welcome in that regard. the consequential problems those difficulties have created, the Victorian economy has thrived. If we look In conclusion, I want to highlight that I think the at the building warranty insurance difficulties strength of this bill is part 3, which provides for contraction as an example, no-one would say that the occupational associations to compel their members to building industry in this state has suffered hold insurance against occupational liability and that overwhelmingly. In fact building approvals and they may specify different insurance arrangements for construction activity are at all-time highs. It is a matter different categories of members. This builds on the of working through the problems one by one and strength of professional organisations. That is one of coming out with good public policy rather than their great capacities, and this bill really does engage knee-jerk reactions that, whilst they might seem to deal that. with the problem today, actually do not provide that sustainable platform for our economy into the future. Although the provision throws some greater onus onto professional organisations, it is an onus that those I recall that with the building warranty insurance organisations and their members would greatly problem the Swimming Pool and Spa Association had welcome if it goes to the heart of providing the all sorts of difficulties, not all that dissimilar from those legislation and in turn providing for the security of the honourable member for Benalla outlined. The insurance cover which they all need if they are to insurance company that had been a provider for some continue to operate in this great state. time for members of that association simply said it was no longer offering the product. A new company came Sitting suspended 1.00 p.m. until 2.03 p.m. in. The broker in that instance — and I think brokers Business interrupted pursuant to sessional orders. are part of the complexity of this issue, because often they do not understand what they are insuring and offering in insurance — was simply coming out with QUESTIONS WITHOUT NOTICE statements that very much raised the anxiety of the members to the point where they did not believe they Government: submission and response would be able to continue. In any event, some guidelines face-to-face meetings were arranged and that problem was resolved. Mr DOYLE (Leader of the Opposition) — My question is to the honourable member for Pascoe Vale, With regard to professional standards in particular, I in her capacity as chair of the Public Accounts and have been approached — and I imagine other members Estimates Committee. I refer the member to of the house have also been approached — by a number revelations — — of professionals. I think I have been approached by more accountants than members of any other profession Honourable members interjecting. in the Mitcham electorate. They were experiencing problems with their insurers, who were talking about Mr DOYLE — What a pity. the absence of professional standards as being a factor which would only increase the risk and therefore the Honourable members interjecting. premiums associated with the products being offered. The SPEAKER — Order! I ask the house to come The accountants also raised a problem I had not to order. previously contemplated. It was that one of the Mr DOYLE — Sorry, Speaker. I thought it was solutions they envisaged was to curtail all but their core worth a try. activity. When you consider that accountants often perform voluntary work for service clubs in the form of My question is to the Premier. I refer the Premier to the being honorary auditors, you see that that has serious guidelines for submissions and responses to inquiries repercussions. It was put to me that, in the absence of a issued by the Department of Premier and Cabinet in medium-term solution with professional standards October 2002, and I ask: will the Premier confirm that legislation, what those accountants would have to do is the Victoria Police were prevented from giving withdraw from those service clubs their services in the evidence to the Drugs and Crime Prevention QUESTIONS WITHOUT NOTICE

1616 ASSEMBLY Thursday, 6 November 2003

Committee on Monday, 27 October, on a significant $750 000 to a new community centre. This is a joint illegal drugs issue because the Premier had not project not just with the council but with the local approved the Victoria Police evidence? football and netball club communities, which raised funds for the project by raffling a pub — a novel Mr BRACKS (Premier) — I welcome the question fundraising exercise. on parliamentary committees. The member for Pascoe Vale was not here at the time, but she would probably Yesterday I was pleased to join the Minister for now be aware that the question was initially directed to Tourism in announcing the delivery of two more her. I am very happy to answer on her behalf. election promises to assist the north-east of Victoria. The first was $1.8 million for a world-class heritage On the matter of parliamentary committees I make this precinct in Glenrowan, which will build a major tourist general point: this government is more accountable than icon around the site of Ned Kelly’s last stand; and the any Victorian government in the past. The Leader of second was $750 000 for a new visitor information and the Opposition was referring to the Public Accounts interpretive centre at Mansfield, which will increase and Estimates Committee as part of his question. I tourism for Victoria’s high country and increase alpine indicate to the house that under this government for the tourism. first time not only does the Premier attend the Public Accounts and Estimates Committee but every minister There is more. Today I was pleased to announce further of the government attends that committee. support for the people of Yarram, with $107 000 for the second phase of the Alberton community development In relation to other references given to parliamentary program. As the Leader of the National Party knows, it committees, the guidelines are based on the same is a very good program. Under the program the guidelines that have been there consistently through community is developing job opportunities for local previous governments. residents and businesses. The government is doing this with the local community and is helping to keep young Community Support Fund: grants people in the region. This is an example of a very good initiative. The new funding will help the local Mr NARDELLA (Melton) — My question is to the community address the five top issues it has identified: Minister for Victorian Communities. Will the minister education and training, community learning, public inform the house of how the Bracks government is transport, agriculture and community housing. It is delivering on its election promises to invest the about increasing opportunities and job opportunities in Community Support Fund in projects that strengthen regional Victoria. That is what the CSF is about. local communities? I am proud that in three years the Bracks government Mr THWAITES (Minister for Victorian has invested more in CSF projects in rural Victoria than Communities) — I thank the member for his question. the Liberal and National parties spent in six years. The Community Support Fund (CSF) is a major part of Whether it is the statewide programs or local projects the government’s efforts to strengthen local like Yarram, the CSF is bringing huge benefits right communities right across Victoria, whether in the around the state. suburbs or in the small towns in country Victoria. Mr Smith interjected. The CSF is funding hundreds of excellent local projects as well as projects of statewide significance. I refer to The SPEAKER — Order! The member for Bass local projects such as the library expansions in will cease interjecting in that manner. Mooroopna and Horsham and the new performing arts centres in Sale and the City of Hobsons Bay. The CSF Alpine grazing: licences is also funding netball courts, swimming pools, skate parks and other sporting facilities. Statewide services Mr RYAN (Leader of the National Party) — My such as the Country Fire Authority emergency question is directed to the Minister for Environment. Is equipment fund are also being funded by the CSF, as the government going to ban alpine grazing? are drug rehabilitation beds in regional Victoria — the first time that we have seen regional Victoria serviced Mr THWAITES (Minister for Environment) — by drug rehabilitation beds. The question the member has asked has a number of aspects. Alpine grazing is a licensed activity and will I was very pleased last Friday to be with the member continue as a licensed activity. However, this season for Ballarat East to fulfil an election promise to the particular issues applied because of the fires that have people of Buninyong. The government committed occurred across the alpine region. As the member QUESTIONS WITHOUT NOTICE

Thursday, 6 November 2003 ASSEMBLY 1617 would know, more than 1 million hectares of land has stakeholders to ensure the administration of justice in been burnt, including large parts of the areas that are Victoria is robust. I expect Crown Counsel to report affected by these licences. Under the licences, Parks next year, no later than the end of February, after which Victoria has the job of ensuring that there is an I will consider any necessary changes which may appropriate management regime for the high country. It enhance the civil trial process in Victoria. is doing that now. It is consulting with the alpine cattlemen about that, and having done that it will make In conclusion, in taking this action the Bracks the appropriate decision under the licences. government recognises the importance of the proper administration of justice in this state. Courts: discoverable documents investigation Police: performance indicators Ms ECKSTEIN (Ferntree Gully) — Will the Attorney-General advise the house of action he is Mr WELLS (Scoresby) — My question is to the taking to preserve the sanctity and fairness of legal Minister for Police and Emergency Services. I refer the proceedings, particularly civil proceedings, to ensure minister to the latest Victoria Police annual report, that trials are fair where discoverable documents may which states that the Victoria Police did not achieve any be destroyed? of its crime-fighting targets but exceeded its revenue-raising targets by 108 000 hours. Will the Mr HULLS (Attorney-General) — I thank the minister confirm that he has agreed that all the member for her question. The destruction of crime-fighting accountability targets for Victoria Police discoverable documents raises fundamental questions will be scrapped in future annual reports? that go to the heart of the integrity of our legal system. As Attorney-General it is my duty to protect the Mr HAERMEYER (Minister for Police and administration of justice and to ensure that the legal Emergency Services) — I am happy to refer to the system and its procedures remain fair and equitable to annual report of Victoria Police for this year, because all parties. what it in fact shows is an increase of 2 million extra police hours over the last year. That represents a 20 per In the Victorian Court of Appeal matter of British cent increase in the amount of police activity and police American Tobacco v. Roxanne Cowell, where Roxanne time across all categories — crime prevention, patrol Cowell was representing the estate of the late Rolah hours, incident emergency and event management, McCabe, the test applied in relation to document crime identification and investigation and road safety. destruction was whether a lawyer had, in effect, That is what happens when you put more police out attempted to pervert the course of justice. I believe the there! bar for the test should be lowered, imposing a more onerous duty on lawyers. As the house would know, in Not only have we put more police out there, but we the interests of protecting the administration of justice have got more out of them. Over the last year the the Bracks government sought leave to intervene in that increase in police numbers was 10 per cent and the matter before the High Court. The High Court rejected increase in police hours was 20 per cent. That is getting the family’s application, and the merits and bang for your buck. On top of that — — adjudication of the case are a separate issue for the courts. However, I am today referring the issue of the Mr Wells — On a point of order, Speaker, on the destruction of discoverable documents prior to and after question of relevance, the question related to whether the commencement of legal proceedings to Crown the minister has agreed to scrap accountability targets Counsel for investigation and report. for crime fighting, and I ask you to bring him back to this question. As part of my obligation to maintain and enhance the sanctity of the legal process I am seeking an The SPEAKER — Order! I do not uphold the point independent report from Crown Counsel on the of order raised by the member for Scoresby at this time. appropriateness of and any changes required to the The minister was referring to the annual report of the current law, procedures and practices of discovery in police department and was working towards the matter the conduct of civil litigation in the state. I have asked of targets. that particular attention be given to the need for fair Mr HAERMEYER — Victoria Police has over the trials in civil litigation in Victoria. This includes last 12 months outperformed the last year, using the consideration of the appropriate role for the courts in performance measures, by more than 20 per cent. If you ensuring the fairness of court proceedings. I also expect want to talk about performance measures, look at the that Crown Counsel will consult widely with relevant crime rate. It is going down, and it has gone down two QUESTIONS WITHOUT NOTICE

1618 ASSEMBLY Thursday, 6 November 2003 years in a row. It is the lowest crime rate in Australia. The SPEAKER — Order! I ask the member for You should also look at the road toll. The road toll is Bass to behave himself or I will take action against him. heading south, big time. We will hopefully be looking I say that also to the member for Doncaster. at the lowest road toll on record since 1952. By any benchmark Victoria Police is exceeding the Honourable members interjecting. expectations we have of it. The SPEAKER — Order! I warn the member for I note the honourable member also referred to what he Bass! called revenue raising. In other words, he equates any activity undertaken by Victoria Police — — Mr HAERMEYER — If we are revenue raising, what were they doing? Mr Wells — On a further point of order, Speaker, on the question of relevance, the question related to the Victorian certificate of applied learning: scrapping of accountability targets. I ask you to bring implementation him back to the issue of scrapping future accountability Ms MARSHALL (Forest Hill) — My question is to targets. the Minister for Education and Training. Will the The SPEAKER — Order! I do not uphold the point minister outline to the house how the Bracks of order, but perhaps the member for Scoresby has government’s Victorian certificate of applied learning is raised a good point. If a member makes a quite keeping more young people engaged in education and broad-ranging statement as a precursor to asking their training and returning to school? question, it is fairly difficult for them to then say that Ms KOSKY (Minister for Education and the minister answering the question cannot refer to the Training) — I thank the member for Forest Hill for her same matters. question. I know that everyone in this house is Mr HAERMEYER — The member for Scoresby particularly interested in improving the retention and equates road safety and road law enforcement activity completion rates of year 12 students in our state. with revenue raising. In other words, what he is saying When we came to office we were particularly is that enforcing the law on the roads is something that concerned that a lot of young people were dropping out police should not be doing. He then comes out and of school too early. We had an inquiry at that stage makes the outrageous statement that Victoria Police headed by Peter Kirby. Some recommendations were over the last year went 108 000 hours over the target in made following that inquiry, one of which was about enforcing road laws. That is what he said. I happen to looking at some alternative pathways in years 11 and 12 have — — for students so they could remain at school and be Mr Perton — On a point of order, Speaker, the engaged at school. minister is clearly debating the question. I ask you to In 2002, last year, we trialled the new Victorian bring him back to the specific question about targets. certificate of applied learning (VCAL). We took those The SPEAKER — Order! I do not uphold that recommendations very seriously and got on with the point of order either. In his question the member for job of making sure that we had another pathway. Its Scoresby referred specifically to the amount of time, focus is on applied learning, and it is for students in the targets and road traffic cameras. years 11 and 12 who are not doing well in their Victorian certificate of education (VCE) courses or, Mr HAERMEYER — The police annual report for worse still, are actually dropping out of school early 1998–99, which was the last full year of the Kennett because the VCE does not cater for them. This year we government, shows that the hours-of-operation target have provided for the statewide implementation of the was 566 500 hours and the actual result was Victorian certificate of applied learning, and we have 1 116 000 hours, so it exceeded its target by more provided almost $50 million over a four-year period. nearly 600 000 hours. The results are very pleasing at this early stage. A The SPEAKER — Order! The minister is now recent evaluation report on the Victorian certificate of debating the question, and I ask him to — — applied learning conducted by the Victorian Qualifications Authority shows that one-third of the Honourable members interjecting. students studying the VCAL this year have said they would have left school if it were not for the VCAL. So we have actually provided an opportunity for those QUESTIONS WITHOUT NOTICE

Thursday, 6 November 2003 ASSEMBLY 1619 students to not only stay engaged in education but to be intervention service available for families in rural areas, successful with their education and training and to go I ask: what action will the government take to ensure on to further pathways. that the waiting list is reduced and children with autism and their families can access this essential early The research also showed us that 96 per cent of intervention service? students who did the Victorian certificate of applied learning last year went on to further study options, so Ms GARBUTT (Minister for Community we really are providing educational opportunities for Services) — I thank the honourable member for his students who previously dropped out of school early question. We recognise the valuable work being and suffered the consequent devastation of early school undertaken by the Travelling Teacher Service from leavers — that is, that they have very sporadic Mansfield, which does indeed cover the East Gippsland employment opportunities at low wages. area. Since coming to government we have almost doubled funding for that service, and we are looking at Over 5000 students have now enrolled in the Victorian ways of further strengthening it and other services for certificate of applied learning with more than autism. 230 providers around the state. VCAL enjoys very widespread support, not only from educational We have a very strong record in disability services. institutions but from the employers and the industry Since coming to government we have increased peak organisations that knew we needed a different funding by 48 per cent; that is a great record. certificate for students who might be wanting to go on Specifically for autism, I have sought expressions of to TAFE or to apprenticeships and traineeships. VCAL interest, and that will be under way very shortly, for an is very much working. additional $400 000 service. That will be to train service providers how to meet the special needs of The transition data for years 10 to 11 is another children with autism, and I believe that will make a big demonstration that we are keeping students in school. It difference across the state. has increased from 95.7 per cent in 1998–99 to 96.8 per cent in 2002–03. We are keeping young people at We recognise that there are challenges, particularly in school, we are giving them successful opportunities, relation to children and young people with autism. and I am really pleased that as a government we have Medical practitioners are recognising this problem and put VCAL in place in a very short period of time and it the condition much earlier. Children with the condition is making a difference for the students who were are being picked up earlier, and recent research has dropping out of school early. shown us that there is a greater incidence of autism than we previously believed. I contrast that with what happened under the previous government, when these kids just missed out. It was a We have responded accordingly, and we are gearing government that stood for nothing and did not look our services towards earlier intervention and providing after these students. We are making a real difference for support for families as well as for other service these students, and I am very proud of this record. providers, including preschools and schools. This year we have announced an extra $6 million for early Disability services: autism spectrum disorder invention services, and autism is a priority area in allocating that $6 million. We believe that will increase Mr INGRAM (Gippsland East) — My question the number of children supported through early without notice is for the Minister for Community intervention by over 300, so that will provide a big Services and is in relation to autism-specific early impact right across the state. intervention assistance for families. The current service in my electorate is provided by the Mansfield The focus of all these initiatives is to promote greater Travelling Teacher Service. This service provides early support for families. We are getting on with providing intervention in Gippsland and across the state and that support so that people, families and communities currently has some 93 families on the waiting list. are better able to support people with autism. Many of them have been on the waiting list for — — Schools: capital works upgrades The SPEAKER — Order! This is not the occasion for the member for Gippsland East to make a statement. Mr LOCKWOOD (Bayswater) — My question is I ask him to please ask his question. to the Minister for Education Services. Will the minister advise the house of the latest efforts regarding Mr INGRAM — As the Mansfield Travelling Teacher Service is the only autism-specific early QUESTIONS WITHOUT NOTICE

1620 ASSEMBLY Thursday, 6 November 2003 capital works investment in schools across Victoria by Buninyong, Seaholme, Hampton, Preston North East, the Bracks government? Mooroolbark East, Geelong South, Tylden, Baranduda, Wales Street, Boronia and the Boisdale Consolidated, Ms ALLAN (Minister for Education Services) — I which have all received library upgrades. A number of thank the member for Bayswater very much for his secondary colleges have also received library upgrades. question. He is clearly, like all members of this house, very interested in providing the best educational Honourable members interjecting. facilities for students right around Victoria. We heard previously from the Minister for Education and Ms ALLAN — The Leader of the Opposition Training about how we are delivering a world-class groans. He is groaning at the fact that we are investing education system for Victorian students. That of course in libraries in schools around the state. These include includes better school facilities. During our first term secondary colleges at Wheelers Hill, Cohuna, we invested $822 million in school and TAFE capital Montmorency, Greensborough and Lalor North in the works upgrades right around the state — $822 million Mill Park electorate. to undo the damage that was inflicted on our education system by the previous Liberal-National party We are also investing in new gymnasiums. This year government. we have invested in new gymnasiums at Mossfiel and at Iramoo Primary School in the electorate of Lara. It In our second term we are getting on with the job of does not stop there, and the opposition will be very investing in education and rebuilding our facilities with pleased to know that it does not stop there. It also a further $371 million committed over our second term means new and upgraded classrooms at schools such as for school capital works. This year alone we have seen Warrnambool West Primary School, Woodford over 90 projects completed, worth more than Primary School in the electorate of South-West Coast $140 million in total capital works investment. and Buninyong, Warragul, Footscray North and Traralgon primary schools, as well as at Cheltenham Recently I have opened upgrades at Sunbury Technical Secondary College, Eltham High School and College, with the member for Macedon; Forest Street Greensborough Secondary College. Primary School in Ballarat West with the member for Ballarat West; and the Heathcote, Albanvale and These are just a few of the 90 major school building Mitcham primary schools. Recently the Minister for projects that have been completed this year alone. That Education and Training has also opened a new sports is 90 major school project works completed during centre at Templestowe College, new facilities at Kew 2003. And there is more to come over the next few High School and new facilities at the Yallourn campus years as we continue our strong investment in of the Central Gippsland Institute of TAFE. On top of education, because we are a government that governs these — — for every street, every suburb and every town, and before the end of the year another 20 major school Honourable members interjecting. capital works worth $30 million will be completed. As you can see, we are getting on with the job of investing The SPEAKER — Order! The level of interjection in education, and we are actually faced — — is too high. Honourable members interjecting. Ms ALLAN — They wish they could correct their record of closing more than 300 schools around the The SPEAKER — Order! The minister, to state. But I will go on: we are continuing with these conclude her answer. openings. This year we have seen the completion of new or replacement schools at Hillsmeade Primary Ms ALLAN — We are faced with a situation that School, which I am sure pleases the member for Narre every government would like to be in: we have had so Warren South, Benton Junior College, Peninsula many upgrades this year and so many openings that as Special Development School and Lucknow Primary ministers we have not been able to personally attend all School in Gippsland East. Stage 2 of new schools at of them. Even the member for South-West Coast Narre Warren South P–12, Kambrya Secondary understands this predicament. He has been putting out College and Copperfield College have also been press releases begging us to attend openings in his completed. electorate.

We are investing not only in classrooms and facilities, Mr Ryan — On a point of order, Speaker, 4 minutes we are also investing in brand-new libraries in a has gone by, and I ask you to sit the minister down. number of primary schools including Geelong East, QUESTIONS WITHOUT NOTICE

Thursday, 6 November 2003 ASSEMBLY 1621

The SPEAKER — Order! I uphold the point of The SPEAKER — Order! I have ruled on that point order. Has the minister concluded her comments? of order. Does the Leader of the Opposition have a further point of order? Ms ALLAN — In conclusion, we are getting on with the job of delivering world-class facilities in and Mr Doyle — Yes. On a further point of order, across our education system. We understand the Speaker, quite properly you ruled last week that this importance of keeping schools open, unlike the matter was then out of order. But you will recall your opposition, which closed schools and sacked teachers. ruling, Speaker: in the first instance you ruled it was a listing matter and not a matter for debate. That matter Government: submission and response has now been cleared up: it is item 121 on today’s guidelines notice paper, and therefore one element of your ruling last week has been covered. Mr DOYLE (Leader of the Opposition) — My question is to the honourable member for Pascoe Vale Secondly, you quoted to us from the House of in her capacity as the chair of the Public Accounts and Representatives Practice. I also quote from that, where Estimates Committee. I refer the member to revelations it says: that the Premier revises, censors and vetos sworn evidence to parliamentary committees, and I ask: was A question to a committee chair asking if the committee intended to inquire into a certain matter has also been the member aware of the Premier’s instructions to permitted. departments and public servants before they appeared before the Public Accounts and Estimates Committee, The SPEAKER — Order! I ask the Leader of the and will she request her committee to make inquiries to Opposition to take his seat. There is a notice of motion determine whether any information or evidence before on the notice paper in the name of the honourable the Public Accounts and Estimates Committee has been member for Doncaster; however, it seems to me that the revised, censored or vetoed? Leader of the Opposition is raising exactly the same point of order as the one I have already ruled on. Mr Batchelor — On a point of order, Speaker, this issue of whether questions can be directed to If the Leader of the Opposition can explain to me how non-ministers was widely canvassed, and it was his point of order differs from the previous point of decided that it was narrowly confined to questions order, I will hear him; otherwise I will have to sit him about time. I ask you to rule the question by the Leader down. of the Opposition absolutely out of order. Mr Doyle — Thank you, Speaker; I am attempting The SPEAKER — Order! I uphold the point of to do that. You said previously that you relied on the order. I do not wish to hear any further comments. The House of Representatives Practice, which says at page last time the Leader of the Opposition attempted to 524, very clearly: question the chair of the Public Accounts and Estimates Committee I clearly ruled that, as in previous rulings, A question to a committee chair asking if the committee intended to inquire — — and particularly as noted in the House of Representatives Practice, the only question that can The SPEAKER — Order! I ask the Leader of the been asked — — Opposition to explain to me how his point of order is different to the previous one. It seems to me that he is Mr Perton interjected. disputing the ruling I made on the previous point of order. The SPEAKER — Order! I beg your pardon? I warn the honourable member for Doncaster to be quiet! Mr Doyle — Not at all, Speaker. What I am pointing out is that the quite proper ruling that you The practice of the House of Representatives is that made last week is also covered by House of there are only a limited number of questions that can be Representatives rulings, which say specifically that asked of a Chair in relation to such things as the timing such a question may be directed to a certain matter. It of a report or what the report is about. says quite clearly on page 524 that that may be The Chair is not in a position to answer on behalf of a permitted. committee unless he or she has already discussed the Further, when you quite properly made the ruling you matter with the committee. read the end of that same part, where it says that the Mr Doyle — On the point of order, Speaker — — chair of a committee should not make public QUESTIONS WITHOUT NOTICE

1622 ASSEMBLY Thursday, 6 November 2003 pronouncements. That is the part of the ruling you read fact rebuilding health services in rural Victoria. There into Hansard. are more bricks, more mortar and more staff.

In the first instance we are not asking for a public Let us look at what has been happening over the last pronouncement; and secondly, it does not rule out a 12 months. In terms of the development at Kyneton question but is merely a guide for the chair in Hospital, which is in the area of the honourable answering it. I point out that the House of member for Ballarat East and the honourable member Representatives procedures which you relied upon quite for Macedon, I was very pleased to open that facility specifically say that a question to a committee chair with the Acting Premier. It is a $14.5 million facility asking if the committee intended to inquire into a that the Bracks government developed in partnership certain matter has also been permitted. with the local community.

Therefore, the question I asked today, which was Two weeks ago I opened the Yea Hospital. I was there whether the chair would inquire into a certain matter, is with the member for Seymour — — directly covered by the ruling permitting such a question to be asked. Honourable members interjecting.

The SPEAKER — Order! The Leader of the The SPEAKER — Order! The minister, without the Opposition has not been able to convince me that he is assistance of the government backbench. raising a different point of order. In my ruling today and previously I referred to a number of authorities; Ms PIKE — I was also there with the Labor however, I have another that I am more than happy to member for Central Highlands Province in the other share with the house this afternoon, and it relates to the place. In fact I was pleased to meet the former Liberal Legislative Assembly Practice Manual. Minister for Health, Marie Tehan, there. It must have been a great pleasure for her to be attending an opening The Speakers’ rulings in the current manual are not the of a hospital rather than a closing! total of Speakers’ rulings in the whole history of the Parliament; otherwise it would be a very big volume. I The Nagambie Hospital is part of our revamping of will therefore refer to Speaker Christie’s comments in bush nursing hospitals. But of course these good news relation to this matter, which are on page 3612 of the stories are not just restricted to Labor electorates. The Legislative Assembly Practice Manual: Colac Hospital, in the area of the honourable member for Polwarth, is a $14.1 million development. Speaker Christie developed the most narrow interpretation of the standing order by ruling that the ‘matters’ of which a Honourable members interjecting. member may be concerned had to be a matter on the notice paper in that member’s name. He said: ‘Questions directed to The SPEAKER — Order! I ask the minister to take a member other than to the ministry should be in respect of her seat. There is too much audible interjection in the proceedings or the handling of a matter on the notice paper in his name’. Speaker Christie argued that question time would house. I ask the house to be quiet and to allow the be too lengthy and ineffective if questions could be asked of Minister for Health to be heard. private members about any matter on the notice paper, let alone matters of general interest. This is limited further by the Ms PIKE — The Maffra campus of the Central ‘anticipation rule’, which anticipates debate on a matter on the Gippsland Health Service is a $600 000 project. The notice paper. Casterton Hospital is another one — and the Casterton There is no notice in the Leader of the Opposition’s community loved the good news! I was delighted to be name on the notice paper. there with the member for Lowan and the member for South-West Coast. Hospitals: rural and regional The partnership there involved a $6.2 million Mr HARDMAN (Seymour) — My question is to redevelopment of the Casterton Hospital. Not only that, the Minister for Health. Will the minister advise the but there are 1400 extra nurses, and medical equipment house how the Bracks government is delivering more to expenditure is up by $29 million in the rural regional Victoria, as demonstrated by the recent community. Some $180 million in extra funding has opening of a number of hospitals, including been provided in the capital works area since 1999, and redevelopments and capital works? there is more to come, including an $8.5 million redevelopment of the Nhill Hospital and of course Ms PIKE (Minister for Health) — I thank the $5 million for Rural Ambulance Victoria for a member for his question. The Bracks government is in communications upgrade. PROFESSIONAL STANDARDS BILL

Thursday, 6 November 2003 ASSEMBLY 1623

In conclusion I would have to agree with the sentiments FAIR TRADING (FURTHER expressed by the honourable member for South-West AMENDMENT) BILL Coast in describing what is happening in the health system in country Victoria. It was the member who said Second reading on ABC radio last month: Debate resumed from earlier this day; motion of In country areas … there [are] great sporting facilities, there Mr HULLS (Attorney-General); and Mr KOTSIRAS’s [are] great health facilities, great community facilities in amendment: country Victoria, and the quality of life is just outstanding — so they’re the sort of things that we ought to be selling. That all the words after ‘That’ be omitted with the view of inserting in place thereof the words ‘this house refuses to read I would say that the Leader of the Opposition could this bill a second time until there has been an independent learn a thing or two from the honourable member for cost-benefit analysis of the bill’s impact on employment and South-West Coast! He ought to be speaking and talking investment in regional Victoria and until further consultation on employment and investment loss is undertaken with to all of country Victoria and talking up all the good workers and businesses in this sector of the economy’. things that this government is doing for that community. Mr STENSHOLT (Burwood) — I rise to support the Fair Trading (Further Amendment) Bill. It provides Education and Training: staffing a range of measures, the major one of which deals with telemarketing. I will comment in my contribution Mr PERTON (Doncaster) — My question is to the mainly on the telemarketing provisions, as I had the Minister for Education and Training. Given that opportunity in 2002 to chair a Fair Trading Act review divisional managers of her department were advised panel. That resulted in the introduction of a previous last week of the number of people who would be made bill that lapsed before the election. We then had the bill redundant in each section of the department, I ask: that was passed earlier this year, which dealt with the when will you tell the 300 targeted people that they will main range of fair trading provisions. The be sacked? telemarketing provisions were put to one side pending further consultation, which was undertaken earlier this Ms KOSKY (Minister for Education and year. Training) — I am sure that the member for Doncaster was not asking you, Speaker, to respond to the The Fair Trading Act review panel was reconvened, question! and I was asked by the Minister for Consumer Affairs to chair it again. The key issue we were asked to This government has been increasing the number of consider was telemarketing. I was assisted on the panel teachers in our schools. We have been focusing on by the Consumer Law Centre of Victoria, the improving education for students, which is the most Consumer Credit Legal Service, the Australian important aspect of education. As the house is aware, Retailers Association (Victoria), the Energy Retailers we are reducing numbers in head office in order to Association of Australia, the Australia Direct reduce duplication and to streamline the processes that Marketing Association (ADMA) and the Law Institute we have in place. It is the secretary of the department of Victoria, along with Dr Elizabeth Lanyon, an who is putting these actions in place. The member academic lawyer specialising in consumer law. We also would be better off directing the question to the asked the Victorian Employers Chamber of Commerce secretary, who is appropriately managing head office. and Industry to provide comments.

We considered a whole range of aspects, including how PROFESSIONAL STANDARDS BILL to incorporate telemarketing requirements in the energy Second reading sector, which has voluntary codes of conduct which were established under legislation. You can see in Debate resumed. clause 22 how this has been covered.

Debate adjourned on motion of Mr LANGDON I notice that the main concern, as expressed by the (Ivanhoe). members for Bulleen and Lowan, is cold calling. In other words, people have been rung up, often at night, Debate adjourned until later this day. and pressed to buy goods and services until they respond. Usually the buyers have had only limited rights. The previous bill we passed earlier this year particularly looked at door-to-door sales, but FAIR TRADING (FURTHER AMENDMENT) BILL

1624 ASSEMBLY Thursday, 6 November 2003 telemarketing is also seen by the general public as association. I find it very strange that the chief being quite intrusive. Rights should be provided to executive officer of ADMA can say that he found it to consumers. We should give them protection, as well as be a difficult process when ADMA was very much in ensuring that the industry operates under a more the loop all along. consistent set of procedures. This of course would serve to eliminate rogue marketers who might well prey on I also note that a letter from ADMA states that no the frailty or naivety of some sections of our notice was being taken of its concerns. The member for community. Bulleen went through all of these, but let me say that most of ADMA’s concerns were taken into account — I noticed that the member for Bulleen was having a lot for example, they were taken into account with of trouble with this bill and has asked what sort of proposed section 67A(1)(b). The government acceded cost-benefit result there is. He talked about job losses to the request and has advised ADMA that it has done et cetera. It seems to me that he fails to understand what so. With proposed section 67A(2)(a), once again the the purpose of the bill is. It is typical of the Liberal government acceded to the request and has advised Party. They talk the economy down and talk down jobs ADMA. With section 67D(1) the government acceded in Victoria rather than looking at the bill in terms of to the request and has advised ADMA of that by proper regulation and proper protection for consumers including in proposed section 67M a provision that the in Victoria. supplier may apply to VCAT for an order for the consumer to pay a reasonable amount in that situation. I note also that the member for Bulleen has a number of ADMA has been consulted on a whole range of things. proposals to be looked at in the committee stage of the With proposed section 67E, once again the government debate and that after some consultation the has acceded to ADMA’s request and has also advised it Attorney-General has also provided an amendment to by amending section 67E(1). The government acceded be considered. The Attorney-General’s amendment is to another of ADMA’s requests by amending aimed at allowing the government to make regulations section 67E(2) to remove a particular requirement. to exempt certain agreements from some or all of the requirements of part 4 of the act relating to ADMA was concerned about a number of other telemarketing where it becomes necessary to do so. It is provisions in the bill, and many of those have been part 4 of the act that the bill proposes to amend to discussed at meetings with the association. Government introduce the telemarketing regime. members do not agree with everything ADMA put forward. We understand it is a lobby group which There has been a lot of consultation on this. There was represents its industry, but we are more than happy to even consultation last week and in the last few days — talk to people to see whether we can meet their and I participated in some of these meetings — when concerns. some sectors of the industry made submissions to the government that the regime in the bill is too inflexible, I should also add that beyond telemarketing there are a particularly in sectors where there is ongoing contact number of other provisions in the bill. For example, the with customers concerning their existing agreements. government is pleased that there are provisions for The government recognises this problem, and its amending the Co-operatives Act. I think the member amendment seeks to introduce flexibility into the for Lowan would ask what that has to do with schools. proposed regime. The government would deal with Most of the requests under the Co-operatives Act deal submissions for exemptions on a case-by-case basis, with school cooperatives that borrow money for and they would only be granted where it is shown the additional facilities. The amount involved has been regime is unnecessarily inflexible and where the knocking up against the $20 million limit that is interests of vulnerable consumers are not prejudiced. currently in place. It is proposed, as has been mentioned, to raise the limit to $30 million, and when The range of concerns raised by the member for the amount of money required goes up further it is then Bulleen seem to take up very much some of the views up to the Treasurer to make it higher or adjust it by provided by the Australian Direct Marketing regulation. I must admit that as far as I can remember Association. I should note that association members the schools in my area, which is in the eastern region, were part of the consultation process. They put an have around $85 million in the bank, so there is extensive submission to the original review in 2001–02, certainly a lot of money that the schools are seeking to and they also joined the panel for the telemarketing apply to facilities. Of course they seek to add not only discussion. They had a very strong part to play in the to the money they raise but also to the money they consultation process, and after the panel put its report to borrow in order to get improved facilities in their the minister further consultations occurred with the FAIR TRADING (FURTHER AMENDMENT) BILL

Thursday, 6 November 2003 ASSEMBLY 1625 schools. So that provision is relevant, which is why it is to simply dismiss ADMA and its concerns as being the included here. work of a lobby group. I do not think anybody wants, and rightly so, to predict job losses and investment The bill also clarifies a provision in a previous bill this losses unless there is a real danger of them occurring. year in that it requires publishers to hold the name and ADMA’s concerns need to be taken into account and to address of somebody putting an advertisement in their be addressed. publications. What will not apply necessarily is that it needs to be put inside the advertisement. So the One of the major reasons, in fact the predominant government is listening to feedback from people. This reason, why the opposition has moved the reasoned is a good bill that provides security for consumers. I amendment is to draw that to the attention of the commend the bill to the house. government and to ask the government to have a second look, a good look, and to assure themselves and Mr COOPER (Mornington) — I doubt whether therefore be able to assure this house and everybody in there are very many people left in the community who the community that what ADMA is saying could occur have not been irritated by unwanted phone calls coming following the implementation of this legislation will not in wanting to sell things, and always it seems to be at an occur. That is the reason for the reasoned amendment. I inappropriate time. In my household it always seems to would hope that that would be taken into account by the be at dinnertime. It is either someone asking to speak to government, not just dismissed as the workings of a my wife when she is preparing a beautiful meal for me, lobby group trying to get a better result out of or alternatively trying to irritate me and get me away legislation or to see legislation that it does not agree from reading something that is very important or with defeated or withdrawn. perhaps looking at something that is very important on the television. Whatever it is, it always seems to be at The member for Burwood said the group had been part an inappropriate time, and usually in those hours of the consultation process and, if I recall his words, between 5.30 p.m. and 7.30 p.m., that those calls come that it had made a significant and worthwhile in. contribution to the work done by the government prior to its introducing this legislation. If that is the case, then The government is responding to that by introducing it has established worthwhile credentials and its later this piece of legislation, and in doing so it gives us the concerns in regard to investment loss and job shedding assurance that it has got it right. One would hope that should be taken quite seriously. The opposition the government has got it right, although there is a certainly takes this seriously. We are not in any way matter that I want to raise as a general question which making a judgment, and we are not saying that ADMA hopefully the minister in charge of the bill will be able has got it absolutely right — we are not in a position to to address, because I think it is important. know — but we are saying, ‘Let’s make sure it has not got it right before this legislation becomes part of the Initially I want to comment on the fact that the member law’. for Burwood mentioned the Australian Direct Marketing Association (ADMA) and its responses on Having commented on that I raise the concern I have behalf of its membership about this legislation. He said with unwanted telephone calls I have received from members of the association had been part of the legitimate organisations — that is, charities. I often consultation process. They may well have been answer the phone to these calls because I have come consulted, but it is significant that ADMA is the body home for dinner before going out again to a meeting, as that is predicting that this bill will create significant we all do. While my wife is busy I am the only person investment loss and job shedding. In fact ADMA is left to answer the call, and I get calls from charities that going even beyond that by saying that a lot of the job are phoning to ask whether I would be interested in shedding, and I am assuming a lot of the investment taking a book or several books of raffle tickets. I have loss, will occur in regional centres throughout the state. made some inquiries with our spokesman on consumer ADMA specifically mentioned to the opposition the affairs, and I was told that these people are not included centres of Geelong, Bendigo, Ballarat and the Latrobe in the legislation. He believes they would be exempt Valley. from the legislation.

The job losses ADMA is predicting are not I want to know whether these charities will be ruled out insignificant; they are quite large. Therefore the from pursuing what is a legitimate activity by a charity. predictions ADMA is making should be a matter of The last such call I received was from Diabetes concern to everybody — the government in particular. Australia. I have spoken to Diabetes Australia on many It is not good enough for people on the government side occasions. It phones to find out whether I will take FAIR TRADING (FURTHER AMENDMENT) BILL

1626 ASSEMBLY Thursday, 6 November 2003 raffle tickets. As I recall, the last conversation I had As members of the house would know, the rationale with the caller from Diabetes Australia was for a book behind the bill is to ensure that we do get the balance of raffle tickets that had a value of $20 or $30 — I think right in relation to what many would see as an it might have been $20. I always take more than one unsolicited and fairly intrusive form of selling that book, and in this case I asked them to send three books certainly resembles door-to-door selling. There have of tickets to me, with a value of $60. In the bill there is been a number of inquiries in relation to this bill, and I a $50 threshold which would appear to me to bring the congratulate the member for Burwood on the work he activities of an organisation like Diabetes Australia into has done in this respect, but the government is of the the clutches of this legislation. view that telemarketing ought to be regulated along the same lines as door-to-door selling. Would the threshold prevent charities from selling more than, say, one or two books, which would then These types of matters are always a balancing act, but significantly dilute the amount of money they would be the government believes it has got the balance right. able to raise? The call from Diabetes Australia is not a We believe that there have to be appropriate consumer call I resent, even though it does come at an protection benefits applied, as there are in door-to-door inappropriate time; it is one of the organisations I like to selling. We believe that the benefits to consumers and do support. I am sure that there are other members certainly outweigh some of the complaints and issues in this house who support Diabetes Australia and other that have been raised by the opposition — particularly organisations that ring up in the same way. when one looks at the reasoned amendment — in relation to the effect on employment et cetera. What I am concerned about is whether because the threshold is so low — $50 — for a legitimate charity or Let us be clear about this: what we are doing is service organisation like Diabetes Australia, and there appropriately regulating telemarketing along the same are a great many of them, that threshold will drag them lines as door-to-door selling to ensure there is in when you agree to take more than two books of raffle appropriate consumer protection. By and large, tickets or tickets of a value in excess of $50. That is the telemarketing is currently unregulated as to hours. I am thing that concerns me. If this threshold would have an sure we have all received unsolicited and intrusive unintended consequence, then I ask the government to phone calls on weekends, late at night or even early in address it. My understanding is that the government the morning. This legislation ensures that appropriate would not want that threshold to interfere with the consumer protection is in place. The bill does reduce activities of such organisations. You could run through the hours, but they are still fairly liberal hours — that is, a great list of organisations that do this. I am sure the between 9.00 a.m. and 8.00 p.m. on weeknights; and government would not see that as being one of the aims from 9.00 a.m. to 5.00 p.m. on weekends. There is also of this bill. a cooling-off period of some 10 days, which applies only to the sale of goods and services with a value over The purpose of my participation in this debate today is $50. I would not have thought that those requirements to ask whether the $50 threshold in the bill will bring were too onerous, and the government is of the view them in, and if it does whether there is a way in which that this bill does get the balance right. those organisations can be specifically exempted from the provisions of the bill so that they can continue their There has been consultation with the Australian Direct legitimate activity of raising money for very Marketing Association. Many of the issues that have worthwhile causes. Diabetes Australia is the one I have been raised by the association have been addressed. I mentioned, but there are many others in the community, note that the member for Mornington raised the issue of and I am sure that the government and members of this raffle tickets. If he has a look at the act, he will find that house would not want to see their fundraising activities the sale of raffle tickets is exempt if the raffle is drawn truncated or diluted by the provisions of this legislation. prior to the cooling-off period; that is pretty clear in the legislation. Mr HULLS (Attorney-General) — I thank all members for their contributions on this very important I repeat that with many pieces of legislation it is a piece of legislation. At the outset I must say that the matter of getting the balance right. We cannot continue government will be opposing the reasoned amendment to allow telemarketing to operate unrestricted. It can be moved by the opposition. The opposition wants the bill in some areas a very intrusive form of selling, and it to be withdrawn, which means in effect that the house needs to be appropriately regulated. The government would refuse to read the bill until further work had been wants this legislation to proceed. We will be opposing done and there had been a cost-benefit analysis and the the reasoned amendment, because it would mean in like. effect that telemarketing could still operate in an FAIR TRADING (FURTHER AMENDMENT) BILL

Thursday, 6 November 2003 ASSEMBLY 1627 unrestricted fashion and continue to intrude on people’s Read second time. lives unregulated. That is not what the Victorian public wants; it wants appropriate regulation, and the Committed. government believes the comparison with door-to-door Committee selling is appropriate. That is why it is introducing legislation to govern telemarketing in the same way that Clause 1 door-to-door selling is governed. Mr LIM (Clayton) — I am very happy to be I support the legislation. I again congratulate the contributing to the debate on this bill. I am sure many member for Burwood, who has worked very closely honourable members have had the experience of with John Lenders, the Minister for Consumer Affairs telemarketers calling them, trying to sell a product or in another place, to consult widely and get the balance service. Many of us would probably regard such calls right. It is good legislation, and it should be supported. as undesired intrusions into our private lives, but we have to allow that it is a legitimate means of selling and House divided on omission (members in favour vote no): that many people like buying products and services that Ayes, 58 way. For example, the busy person or the housebound person may be unable to get out to make purchases in Allan, Ms Ingram, Mr Andrews, Mr Jenkins, Mr the normal way. In a variation on the words of the Barker, Ms Kosky, Ms 16th century English philosopher Francis Bacon, if the Batchelor, Mr Langdon, Mr mountain will not come to Mohammed, Mohammed Beard, Ms Languiller, Mr will go to the mountain — or at least find a way of Beattie, Ms Leighton, Mr Bracks, Mr Lim, Mr getting through on the telephone, anyway! Brumby, Mr Lindell, Ms Buchanan, Ms Lockwood, Mr The latest figures show that in 2000 the Australian Cameron, Mr Loney, Mr direct marketing market was worth $17.4 billion, of Campbell, Ms Marshall, Ms which about $10 billion was attributed to telemarketing. Carli, Mr Maxfield, Mr This method of selling is continuing to grow slowly. Crutchfield, Mr Merlino, Mr D’Ambrosio, Ms Mildenhall, Mr According to a recent report in the Sydney Morning Delahunty, Ms Morand, Ms Herald, Australians have taken to telemarketing like a Duncan, Ms Munt, Ms duck to water. The Commercial Economic Advisory Eckstein, Ms Nardella, Mr Service of Australia estimates that there are as many as Garbutt, Ms Neville, Ms 40 000 call centres in this country. Clearly it is time to Gillett, Ms Pandazopoulos, Mr Green, Ms Perera, Mr legislate to control this industry before things get out of Haermeyer, Mr Pike, Ms hand. Hardman, Mr Robinson, Mr Harkness, Mr Savage, Mr In many ways telemarketing is an extension of Helper, Mr Seitz, Mr door-to-door selling, but brought up to date with the Herbert, Mr Stensholt, Mr Holding, Mr Thwaites, Mr social changes that have taken place in this country Howard, Mr Trezise, Mr over the past 30 to 40 years. Door-to-door sales were Hudson, Mr Wilson, Mr popular in the era when many women did not go out to Hulls, Mr Wynne, Mr work and sales could be made to full-time homemakers who were at home during the day. However, nowadays Noes, 24 people are seldom at home during the day and Asher, Ms Mulder, Mr door-to-door sales have fallen considerably, to be Baillieu, Mr Napthine, Dr Clark, Mr Perton, Mr replaced with telephone sales. Cooper, Mr Plowman, Mr Delahunty, Mr Powell, Mrs This bill is very welcome in that it in essence applies to Dixon, Mr Ryan, Mr consumers who have been sold something by a Doyle, Mr Shardey, Mrs telemarketer the same sort of protection they would Honeywood, Mr Smith, Mr have had if they had bought goods or a service from a Jasper, Mr Sykes, Dr Kotsiras, Mr Thompson, Mr door-to-door salesman. It recognises the special nature McIntosh, Mr Walsh, Mr of telemarketing sales in that, like door-to-door selling, Maughan, Mr Wells, Mr the sale is initiated by the seller, not the purchaser. So special consumer protection is required, including Amendment negatived. cooling-off periods and providing that purchasers be Motion agreed to. advised of their rights. I have not had many problems FAIR TRADING (FURTHER AMENDMENT) BILL

1628 ASSEMBLY Thursday, 6 November 2003 with telemarketers reported to my electorate office, but oppose it because, in effect, the amendment is saying those problems that I have dealt with all hinge on issues that an agreement where the purchaser is an existing of informed consent and cooling-off periods and would customer of the supplier ought to be exempt and be have fallen within the ambit of this bill. given an unfair competitive advantage as opposed to a situation where there is a new telemarketer wanting to This bill is a tribute to the work of the member for come in and sell a particular product to that same Burwood, who chaired public reviews of the Fair person. The government does not believe that is Trading Act in 2001 and again in 2002. The bill appropriate. It believes the balance, as I said at the essentially implements the report of the public review, outset, is right. There are appropriate consumer and I commend it to the house. protections available for consumers, while allowing telemarketing to take place appropriately within a Clause agreed to; clauses 2 to 6 agreed to. particular framework. The government will oppose Clause 7 these amendments.

Mr KOTSIRAS (Bulleen) — I move: Mr DELAHUNTY (Lowan) — In listening to the debate today and reading the Liberal Party’s 1. Clause 7, page 6, after line 31 insert — amendments I acknowledge that they are definitive, as has been said. The minister outlined the government’s “(d) an agreement where the purchaser is an existing customer of the supplier at the time the agreement proposed amendment, which allows some flexibility. is made;”. An earlier speaker in this debate said that telemarketing is a $10 billion industry. With judges and magistrates 2. Clause 7, page 7, line 1, omit “(d)” and insert “(e)”. having to interpret law passed by this Parliament, I would have thought that in interpreting legislation we Currently the bill places restrictions on the ability to would need to be as definitive as possible. The serve existing customers, which I am advised will amendments moved by the Liberal Party give some hinder customer service. There are a number of assurance not just to customers but importantly to the examples of calls made to existing customers where $10 billion business that is operating in the community. such a restriction will be unworkable and unsuitable. Therefore the National Party will support the For example, if a customer receives a call to find out amendments, as they are definitive. about his phone usage or to be given an alternative plan; or if a customer is offered a new phone contract or If the government sees a need to amend the act, it a new phone deal — a two-for-one deal — a customer seems unusual that it has introduced a clause that is in may miss out. If a customer has house insurance and the minister’s own words not very prescriptive but receives a phone call offering him car insurance at a exempts a class of telephone marketing agreements. discount rate, the provision will not be workable. I We do not know what the class is, and it is not assume people who have entered into an agreement are explained in the amendment or the bill. I know this is a happy with the product and service they have received. short debate, but the National Party will support the The amendment is consistent with federal legislation amendments put forward by the Liberal Party. and the guidelines of the federal Privacy Act 1988 and provides consumers with choice, which I do not think Mr STENSHOLT (Burwood) — The member for the government is willing to give to the consumer. Lowan said he did not understand what a telephone marketing agreement was as set out in proposed section Mr HULLS (Attorney-General) — The government 67A(5). The proposed division is all about telephone opposes the amendment. While I understand some of marketing agreements. The amendments are far too the philosophy behind the amendments being moved by wide, and as the minister has mentioned could be the opposition, if it looks closely at the government’s interpreted as being anticompetitive. For example, if I proposed amendment it will agree wholeheartedly that have a telephone account with a fixed landline with a it meets some of the issues that have been raised by the certain company and I am rung up and asked whether I opposition. The government’s amendment will allow would like a mobile phone which includes a camera certain arrangements to be exempt from the legislation costing no money, that could be appealing to certain by regulation. The opposition’s amendments are far too customers who do not have a lot of understanding of prescriptive, and the government’s amendment will the arrangements. The government wants to make sure allow far more flexibility in relation to the issue raised. it protects those potential customers so they understand what they are buying rather than their being given a In relation to the specific clause referred to by the short selling spiel over the phone, which is why we honourable member for Bulleen, the government will FAIR TRADING (FURTHER AMENDMENT) BILL

Thursday, 6 November 2003 ASSEMBLY 1629 have a cooling-off period, particularly where the cost of They are not about fairness, and they are not about the the goods is over $50. protection of the consumer. The Chair has been involved in parliamentary committee debates when we The government has said, as I indicated in my have sought to have these sorts of matters decided contribution to the second-reading debate, that there objectively, according to law and according to clear may be occasions in terms of existing relationships guidelines. But the member for Burwood — — where it would be sensible to provide an exemption, which will be done on a case-by-case basis. I said that I Mr Stensholt — On a point of order, Chair, I note had met with some of these representatives last week that the member for Doncaster said ‘the member for and cases have been made. Fine judgments will be Burwood is setting up a system that allows for made as to whether it is reasonable to grant an corruption’. Therefore he is implying I am corrupt. I exemption in terms of the benefit to the industry as resent that, and I ask that he withdraw. opposed to the rights of consumers. Those judgments have to be made, and they are best made by the minister The CHAIR — Order! The member claims to have on a case-by-case basis. On that basis, I oppose the taken offence at certain words used by the member for amendment. Doncaster and seeks a withdrawal.

Mr PERTON (Doncaster) — The comments just Mr PERTON — Are you asking me to withdraw? made by the member for Burwood are a perfect example as to why one would prefer the amendments The CHAIR — Order! I am asking the member if moved by the honourable member for Bulleen rather he would. than the proposed amendment circulated by the Mr PERTON — In deference to you, Chair, I minister. A case-by-case basis for granting exemption withdraw, but I find it extraordinary. Setting up a or fiat by the minister are things that modern structure under this legislation whereby a company democratic systems have tried to set aside. Does he which seeks to do the business that one would mean case by case according to whether a person has ordinarily undertake will be subject to ministerial fiat is donated to Progressive Business or case by case if the a recipe for corruption. It does not matter how much secretary of the Labor Party has come around to the offence a member of this Parliament may take: this is office to ask for a donation? No, the opposition has what is being set up; the words are there in black and been clearly prescriptive in what it suggests. In white. circumstances where there is an existing relationship between the business and the customer — of course The member for Burwood may take offence at the they may both be businesses — it is considered implication, but the member for Bulleen has hit the nail reasonable that the transaction be concluded by way of on the head. It has to be clear, and it has to be in black phone discussions. and white. This is what the industry has asked for, and this is what the people who work in the industry have In the case of the amendment proposed by the minister, worked for. To the extent that we have been able to clearly the advertising industry is not trusting and I do consult with consumers on this matter we have been not believe it has any reason to trust the responsible told that they do not want to tie up their existing minister, who is not the minister at the table, the relationships with businesses through paperwork and Attorney-General. What the Liberal Party is about is the like. They want clear and easy transactions with the Parliament setting in concrete a set of exemptions that people they do business with, people they can trust. I relate to the relationship between the business and its would not trust a minister and I certainly would not existing customer. To my mind that is clear, and it is trust the parliamentary secretary to pick through my the Parliament turning its mind to that. application or anyone else’s on a case-by-case basis.

The member for Burwood, as is often the wont of a Mr WILSON (Narre Warren South) — I support Labor government, is setting up a system for the government’s proposal to allow exemptions on a corruption. A business that wishes to act in this way — case-by-case basis. Unlike the member for Doncaster, I that wishes to enter into a relationship with an existing have worked in many electorate offices. In my customer — must, I presume, ring the minister. I electorate office in Narre Warren South I have found wonder whether you are allowed to ring the minister or that constituents want paperwork that clearly shows the write to the minister perhaps with a reference from the rights and responsibilities of both the supplier and the chairman of Progressive Business, or perhaps with a consumer. reference from the secretary of the Labor Party. That is what these sorts of ministerial exemptions are about. FAIR TRADING (FURTHER AMENDMENT) BILL

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‘Fixing it in concrete’, to quote the words used by a issues that arise. As a consumer affairs minister you previous speaker, as proposed in the opposition’s need to be able to respond promptly, and that will amendment means it would take an even greater require a prompt response based on law, which is the administrative load to unfix it. Breaking concrete, as I way our government governs. remember from my days as a teenager, is actually fairly hard. Where it can be demonstrated that the Mr COOPER (Mornington) — I was not going to administration of these acts requires greater flexibility, I participate in this, but I was prompted to by the would much prefer it if exemptions could be contribution of the member for Pascoe Vale. I think the considered. Obviously reasonable consumer benefits member needs to understand that the comments that have and industry interests would be part of this been made by the members for Bulleen and Doncaster consideration, and I certainly support the government are not directed at individuals, they are directed at the amendment and oppose the opposition amendment. system; and the system says that where there is an opportunity, an opportunity will be taken up. It might not Ms CAMPBELL (Pascoe Vale) — I want to make be taken up by the present minister — one would hope a few comments about this piece of legislation. I not. It might not be taken up by ministers that come in particularly pick up the ludicrous and in fact offensive succeeding years or generations — one would hope not. suggestions that have been put forward by the member But there is always the opportunity, and one must for Doncaster. eliminate opportunities. If you want to — —

The member has a history of twisting truth. It is Ms Campbell interjected. important that with this legislation we look at the facts — — Mr COOPER — Just don’t yell at me; just hear me out. The CHAIR — Order! I remind the member for Pascoe Vale of the practice of the house not to make If you want to look at where opportunities have been reflections on members. taken up, you look at the corruption commissions in both New South Wales and Queensland, which have Mr Perton — On a point of order, Chair, in the uncovered corruption at the ministerial level as well as spirit of the debate as it has been conducted, I ask the at the bureaucratic level; but certainly at the ministerial member to withdraw. level, which is where opportunities exist.

Ms CAMPBELL — In deference to you, Chair, I Mr Hulls interjected. will withdraw. Mr COOPER — I am not going to get into the The suggestion made by the member for Doncaster in personalities here; I am simply saying that regardless of his contribution was that ministers of the Crown would political party — and none of us can hold our hands up be making decisions based upon reasons other than the and say that our political parties have always been clean law. I point out to this house that this component of the in years and decades gone by — where the opportunity legislation — based on what I presume will be the exists, the opportunity could well be taken up. The acceptance by this committee of the amendment that purpose of the comments that have been made by the has been put forward by the minister — will be members for Bulleen and Doncaster is to highlight that implemented by regulations passed by the Governor in to this house and to say that it is good not to in fact have Council to facilitate its operation. Any suggestion that a ministerial discretion. It is better to have a cut-and-dried Minister for Consumer Affairs, whoever that may be, situation where it will be decided on that basis rather would make decisions based on anything other than than having a minister being able to say yes to one what is proper is quite offensive. I totally reject that as a thing and no to another. previous Minister for Consumer Affairs, and it is rejected by everybody on this side of the house. I would I am reminded that during the adjournment debate last like to think that the suggestion made by the member night the Minister for Transport actually defended that for Doncaster is equally offensive from the opposition’s system in regard to complaints about the ticketing perspective. system, because he had drawn to his attention by the member for Murray Valley a situation where a person I speak in favour of the amendment proposed by the from country New South Wales came down to minister and against the amendment proposed by the Melbourne, got a ticket on a tram, got on board and was member for Bulleen. The current legislation will be booked because she had not validated the ticket. The improved by the amendment put by the minister. It will Minister for Transport defended the system being allow the government greater flexibility in dealing with handled by the bureaucracy and said that it should not FAIR TRADING (FURTHER AMENDMENT) BILL

Thursday, 6 November 2003 ASSEMBLY 1631 be handled by the minister on a case-by-case basis customer of Woolworths, mean that the petrol company because it is very dangerous for ministers to become can phone canvass me for an annual supply of fuel or involved at that level. some other such thing? I think it is reasonable to say that the opposition’s proposed amendment really does Having been a Minister for Transport and having been pose a far greater number of questions than it seeks to in exactly the same situation that the present Minister clarify. for Transport is in in regard to those kinds of matters being referred to him, I understand exactly what it was The CHAIR — Order! The question is that the that he was saying in his response on that particular words proposed to be inserted by the member for issue. That is precisely the point that is being made by Bulleen’s amendment 1 be so inserted. I am also of the the members for Bulleen and Doncaster this afternoon, opinion that the member for Bulleen’s amendment 2 is and it is precisely the reason why this amendment has dependent on this amendment. Should this amendment been moved by the member for Bulleen. It is precisely be lost, the member for Bulleen would not be able to for the reason and argument that were advanced by the proceed with his second amendment. Minister for Transport on the adjournment debate last night that the amendment moved by the member for Committee divided on amendment: Bulleen should be supported by this committee. Ayes, 24 Mr HELPER (Ripon) — I will make just a very Asher, Ms Mulder, Mr brief contribution because I am indeed puzzled by the Baillieu, Mr Napthine, Dr Clark, Mr Perton, Mr amendment that the member for Bulleen has moved. Cooper, Mr Plowman, Mr What I would like the opposition to address having Delahunty, Mr Powell, Mrs moved this amendment — and I would have thought Dixon, Mr Ryan, Mr they would have addressed this in their presentation so Doyle, Mr Shardey, Mrs Honeywood, Mr Smith, Mr far — is how it defines an existing customer. To think Jasper, Mr Sykes, Dr through that issue, if quite some considerable time ago I Kotsiras, Mr Thompson, Mr had purchased something from let us say a telephone McIntosh, Mr Walsh, Mr company, as an example, does that mean that for the Maughan, Mr Wells, Mr rest of my life I am an existing customer to that telephone company and therefore for the rest of my life Noes, 59 I suffer this being inserted as an exemption? It really Allan, Ms Jenkins, Mr Andrews, Mr Kosky, Ms does pose a number of serious problems and questions, Barker, Ms Langdon, Mr I would have thought. Batchelor, Mr Languiller, Mr Beard, Ms Leighton, Mr The other issue that in moving the amendment I would Beattie, Ms Lim, Mr have thought the opposition would have clarified Bracks, Mr Lindell, Ms somewhat is what relationship to any corporate entity Brumby, Mr Lobato, Ms Buchanan, Ms Lockwood, Mr one has to have or what relationship there needs to be Cameron, Mr Lupton, Mr between corporate entities for one to be an existing Campbell, Ms Marshall, Ms customer of some distant wing or distant part of a Carli, Mr Maxfield, Mr particular phone canvassing customer or the initiator or Crutchfield, Mr Merlino, Mr D’Ambrosio, Ms Mildenhall, Mr the supplier. In other words, if, and let us take a phone Delahunty, Ms Morand, Ms company again, that phone company happens to have Duncan, Ms Munt, Ms an interest in a car company, does that mean that that Eckstein, Ms Nardella, Mr car company is also covered under this exemption, so Garbutt, Ms Neville, Ms that if over the phone someone tries to sell me a motor Gillett, Ms Pandazopoulos, Mr Green, Ms Perera, Mr vehicle I will not gain the consumer protection benefits Haermeyer, Mr Pike, Ms of this bill simply because the telephone company that I Hardman, Mr Robinson, Mr was with 20 years ago happens to now have a Harkness, Mr Savage, Mr relationship with a car maker? Helper, Mr Seitz, Mr Herbert, Mr Stensholt, Mr Holding, Mr Thwaites, Mr Mr Hulls interjected. Howard, Mr Trezise, Mr Hudson, Mr Wilson, Mr Mr HELPER — Indeed. Does the fact that I have Hulls, Mr Wynne, Mr walked into a Woolworths and have been supplied by Ingram, Mr Woolworths, and therefore I am considered to be a FAIR TRADING (FURTHER AMENDMENT) BILL

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Amendment negatived. with his initials on it, as well as the parliamentary crest. What would happen if the former member for Eltham Mr KOTSIRAS (Bulleen) — I move: decided he did not want to wear the jacket? Could he 3. Clause 7, page 14, after line 34 insert — return it within 10 days and get his money back?

“(7) This section and sections 67I to 67L do not apply What happens if customers order CDs or DVDs or a to the following telephone marketing magazine and, upon receiving those items, decide to agreements — illegally make copies and then return them? Will they get their money back as well as having copies of them? (a) an agreement for the supply of indivisible goods or services where those goods or services have started to be provided; The amendment I am putting forth will ensure a balance between the ability of businesses to carry out (b) an agreement for the supply of divisible goods their business and the need for consumers to be or services to the extent that it applies to protected. I do not think things are working, and I do goods or services which have already been used or performed; not think the government’s amendment goes far enough. (c) an agreement concerning securities and other goods and services whose price is dependent The government knows it has got the legislation wrong. on financial market fluctuations, which I cannot understand why it does not want to put this in cannot be controlled by the supplier; black and white in the legislation, rather than allowing (d) an agreement for the supply of made to the minister to decide when and if. The minister or measure goods or clearly personalised goods; Consumer Affairs Victoria will decide whether something is exempt or not. If it is black and white, (e) an agreement for the supply of goods that can people and businesses can understand it and plan for the be immediately copied such as books, magazines, computer software, cassettes, future. videos, compact discs, digital video discs and other products with or without wrapping or Mr STENSHOLT (Burwood) — The amendments seal, unless the immediate wrapping or seal is proposed by the honourable member for Bulleen unbroken; provide for a range of circumstances, a lot of which are (f) an agreement for personal health or hygiene quite incomprehensible. There are elements of the bill products where any wrappings or seals have which already provide, for example, for a cancellation been broken or tampered with; of services under section 67H of the act or under sections 67J, 67K and 67L. There are pages and pages (g) an agreement for goods, which by reason of that cover what happens if an agreement is cancelled or their nature, cannot be returned or are likely to deteriorate rapidly.”. if the goods have been consumed. That is already covered in the bill. 4. Clause 7, page 15, line 1, omit “(7)” and insert “(8)”. Mr PERTON (Doncaster) — These amendments Currently there are no exemptions from the cooling-off make sense. Again this has been well put by the period, which in many instances will apply where it is honourable member for Bulleen and the opposition not suitable for it to do so. The cooling-off period will spokesman in the other place, the Honourable Andrew apply to the supply of essential services such as gas, Olexander. telephone and electricity, some of which have to be connected immediately. It will also apply, for example, The amendments make good sense because they are to fixing the telephone lines. based on the standards that are outlined in the Ministerial Council on Consumer Affairs code of You can ask that services that have already been practice. It is a federal code of practice; so why would performed be ‘returned’. If I request a cleaning service you want to have different standards applying in to come to my house within 24 hours and it is done, Victoria, unless you were the honourable member for what do I do after 8 days? Do I ask the cleaners to come Burwood and thought these things should be done on a back again and fill my house with garbage so I can have case by case basis, by ministerial fiat? As even the the money refunded? It is inconsistent. Attorney-General said, it is a case of tugging your forelock — — I also refer to items of a personalised nature, such as a personalised diary with your initials on the front or a Mr Hulls interjected. shirt or jacket with your initials on it. I remember the former honourable member for Eltham had a jacket FAIR TRADING (FURTHER AMENDMENT) BILL

Thursday, 6 November 2003 ASSEMBLY 1633

Mr PERTON — Or making the appropriate Buchanan, Ms Lockwood, Mr donations, which I suggested earlier and which the Cameron, Mr Lupton, Mr Campbell, Ms Marshall, Ms honourable member took exception to. Carli, Mr Maxfield, Mr Crutchfield, Mr Merlino, Mr If we look at the examples outlined by the honourable D’Ambrosio, Ms Mildenhall, Mr member for Bulleen, we see reference to the notion that Delahunty, Ms Morand, Ms the new legislative prescription should apply to DVDs Duncan, Ms Munt, Ms or books or other items whose seals have already been Eckstein, Ms Nardella, Mr Garbutt, Ms Neville, Ms opened. Gillett, Ms Pandazopoulos, Mr Green, Ms Perera, Mr How could the honourable member for Burwood object Haermeyer, Mr Pike, Ms to paragraph (f), which refers to: Hardman, Mr Robinson, Mr Harkness, Mr Savage, Mr an agreement for personal health or hygiene products where Helper, Mr Seitz, Mr any wrappings or seals have been broken or tampered with. Herbert, Mr Stensholt, Mr Holding, Mr Thwaites, Mr Clearly this makes sense, and the reason it makes sense Howard, Mr Trezise, Mr is that these are the standards set out by the federal Hudson, Mr Wilson, Mr Hulls, Mr Wynne, Mr ministerial council. Why you would want to threaten Ingram, Mr jobs in rural and regional Victoria or in Victoria as a whole is just utterly beyond me. It is a socialist panacea Amendments negatived. that the honourable member for Burwood is the last living representative of. The CHAIR — Order! The question is that clauses 7 to 16, the circulated government amendment, He stands there with the red flag flying and he believes clause 17 as amended and clauses 18 to 29 be agreed to. in ministerial discretion; he believes this recipe for corruption is something that ought to be supported! Committee divided on question:

Mr HULLS (Attorney-General) — We absolutely Ayes, 59 oppose these amendments. Allan, Ms Jenkins, Mr Andrews, Mr Kosky, Ms The CHAIR — Order! The time appointed under Barker, Ms Langdon, Mr Batchelor, Mr Languiller, Mr sessional orders for me to interrupt business has arrived. Beard, Ms Leighton, Mr I am required by sessional orders to put the questions Beattie, Ms Lim, Mr necessary for the passage of the bill. Bracks, Mr Lindell, Ms Brumby, Mr Lobato, Ms Committee divided on amendments: Buchanan, Ms Lockwood, Mr Cameron, Mr Lupton, Mr Ayes, 24 Campbell, Ms Marshall, Ms Carli, Mr Maxfield, Mr Asher, Ms Mulder, Mr Crutchfield, Mr Merlino, Mr Baillieu, Mr Napthine, Dr D’Ambrosio, Ms Mildenhall, Mr Clark, Mr Perton, Mr Delahunty, Ms Morand, Ms Cooper, Mr Plowman, Mr Duncan, Ms Munt, Ms Delahunty, Mr Powell, Mrs Eckstein, Ms Nardella, Mr Dixon, Mr Ryan, Mr Garbutt, Ms Neville, Ms Doyle, Mr Shardey, Mrs Gillett, Ms Pandazopoulos, Mr Honeywood, Mr Smith, Mr Green, Ms Perera, Mr Jasper, Mr Sykes, Dr Haermeyer, Mr Pike, Ms Kotsiras, Mr Thompson, Mr Hardman, Mr Robinson, Mr McIntosh, Mr Walsh, Mr Harkness, Mr Savage, Mr Maughan, Mr Wells, Mr Helper, Mr Seitz, Mr Herbert, Mr Stensholt, Mr Noes, 59 Holding, Mr Thwaites, Mr Allan, Ms Jenkins, Mr Howard, Mr Trezise, Mr Andrews, Mr Kosky, Ms Hudson, Mr Wilson, Mr Barker, Ms Langdon, Mr Hulls, Mr Wynne, Mr Batchelor, Mr Languiller, Mr Ingram, Mr Beard, Ms Leighton, Mr Beattie, Ms Lim, Mr Noes, 24 Bracks, Mr Lindell, Ms Asher, Ms Mulder, Mr Brumby, Mr Lobato, Ms Baillieu, Mr Napthine, Dr PROFESSIONAL STANDARDS BILL

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Clark, Mr Perton, Mr STATE TAXATION ACTS (FURTHER Cooper, Mr Plowman, Mr Delahunty, Mr Powell, Mrs MISCELLANEOUS AMENDMENTS) BILL Dixon, Mr Ryan, Mr Doyle, Mr Shardey, Mrs Second reading Honeywood, Mr Smith, Mr Jasper, Mr Sykes, Dr Debate resumed from 5 November; motion of Kotsiras, Mr Thompson, Mr Mr BRUMBY (Treasurer). McIntosh, Mr Walsh, Mr Maughan, Mr Wells, Mr Motion agreed to.

Question agreed to. Read second time.

Clauses 7 to 29 agreed to. Remaining stages

Circulated amendment Passed remaining stages.

Circulated government amendment as follows agreed to: ROAD SAFETY (AMENDMENT) BILL Clause 17, after line 15 insert —

‘( ) After section 165(1)(c) of the Fair Trading Act 1999 Second reading insert — Debate resumed from 5 November; motion of “(ca) providing for the exemption of a class of Mr BATCHELOR (Minister for Transport). telephone marketing agreement from any or all of the provisions of Part 4;”.’. — The SPEAKER — Order! The question is that this bill be now read a second time, that government Reported to house with amendment. amendments 1 to 4 inclusive be agreed to, that the bill Remaining stages be read a third time and that the bill be transmitted to the Legislative Council and their concurrence desired Passed remaining stages. therein.

House divided on question: PROFESSIONAL STANDARDS BILL Ayes, 81 Second reading Allan, Ms Languiller, Mr Andrews, Mr Leighton, Mr Debate resumed from earlier this day; motion of Asher, Ms Lim, Mr Mr BRUMBY (Treasurer). Barker, Ms Lindell, Ms Batchelor, Mr Lobato, Ms Motion agreed to. Beard, Ms Lockwood, Mr Beattie, Ms Loney, Mr Read second time. Bracks, Mr Lupton, Mr Brumby, Mr McIntosh, Mr Buchanan, Ms Marshall, Ms Third reading Cameron, Mr Maughan, Mr Campbell, Ms Maxfield, Mr The SPEAKER — Order! I am of the opinion that Carli, Mr Merlino, Mr the third reading of the bill is required to be passed by Clark, Mr Mildenhall, Mr an absolute majority of the house — that is, Cooper, Mr Morand, Ms 45 members. That number is present. Crutchfield, Mr Mulder, Mr D’Ambrosio, Ms Munt, Ms Delahunty, Mr Napthine, Dr Motion agreed to by absolute majority. Delahunty, Ms Nardella, Mr Dixon, Mr Neville, Ms Read third time. Doyle, Mr Pandazopoulos, Mr Duncan, Ms Perera, Mr Remaining stages Eckstein, Ms Perton, Mr Garbutt, Ms Pike, Ms Passed remaining stages. Gillett, Ms Plowman, Mr Green, Ms Powell, Mrs Haermeyer, Mr Robinson, Mr Hardman, Mr Ryan, Mr Harkness, Mr Seitz, Mr ACCIDENT COMPENSATION AND TRANSPORT ACCIDENT ACTS (AMENDMENT) BILL

Thursday, 6 November 2003 ASSEMBLY 1635

Helper, Mr Shardey, Mrs (3) In sections 40(5), 40a(4)(b) and 40A(5)(a) and (c) Herbert, Mr Smith, Mr of the Transport Accident Act 1986, after Holding, Mr Stensholt, Mr “blood” insert “or breath”. Honeywood, Mr Sykes, Dr Howard, Mr Thompson, Mr (4) In section 40A(5)(b) of the Transport Accident Hudson, Mr Thwaites, Mr Act 1986, after “the blood” insert “or breath”.’. Hulls, Mr Trezise, Mr Jasper, Mr Walsh, Mr AMENDMENT OF LONG TITLE Jenkins, Mr Wells, Mr Kosky, Ms Wilson, Mr 4. Long Title, after “1988,” insert “the Accident Kotsiras, Mr Wynne, Mr Compensation Act 1985, the Transport Accident Act Langdon, Mr 1986,”.

Noes, 2 Remaining stages Ingram, Mr Savage, Mr Passed remaining stages. Question agreed to.

Read second time. ACCIDENT COMPENSATION AND TRANSPORT ACCIDENT ACTS Circulated amendments (AMENDMENT) BILL

Circulated government amendments as follows agreed to: Second reading 1. Clause 1, page 2, line 29, after “1998” insert “, the Debate resumed from earlier this day; motion of Accident Compensation Act 1985, the Transport Accident Act 1986”. Mr HULLS (Minister for Workcover).

2. Page 37, lines 1 and 2, omit “MELBOURNE CITY Motion agreed to. LINK ACT 1995” and insert “OTHER ACTS”. Read second time. NEW CLAUSES Remaining stages 3. Insert the following new clauses before clause 40 — Passed remaining stages. ‘AA. Amendment of Accident Compensation Act 1985 Remaining business postponed on motion of Mr CAMERON (Minister for Agriculture). In section 82(4A)(c) of the Accident Compensation Act 1985, for “was 0.24 grams or more per 100 millilitres of blood” substitute “in the person’s blood was 0.24 grams or more per 100 millilitres of ADJOURNMENT blood or in the person’s breath was 0.24 grams or more per 210 litre of exhaled air, as the case requires”. Mr CAMERON (Minister for Agriculture) — I move: BB. Amendment of Transport Accident Act 1986 That the house do now adjourn. (1) In section 40(3) of the Transport Accident Act 1986 — Rosebud Hospital: bed closures (a) in paragraph (b), for “was 0.24 grams or more per 100 millilitres of blood” Mr DIXON (Nepean) — I wish to raise a matter substitute “in the person’s blood was with the Minister for Health regarding Rosebud 0.24 grams or more per 100 millilitres of Hospital. I ask the minister to increase the funding to blood or in the person’s breath was 0.24 grams or more per 210 litres of exhaled Peninsula Health so that the Rosebud Hospital will not air, as the case requires”; and have to close down one of its wards over summer. It has been announced that the Walker ward, which (b) after “the blood” insert “or breath”. makes up 22 of the 80 beds at the hospital, will be (2) In section 40(4)(b) of the Transport Accident closing for up to four weeks over Christmas. Act 1986, for “was more than 0.05 grams per 100 millilitres of blood” substitute “in the The department has said in its defence that this is a very person’s blood was more than 0.05 grams per quiet time at Rosebud Hospital — it is the time when 100 millilitres of blood or in the person’s breath doctors take their holidays and admissions are low so it was more than 0.05 grams per 210 litres of is a good time to close down the ward and no-one will exhaled air, as the case requires”. ADJOURNMENT

1636 ASSEMBLY Thursday, 6 November 2003 notice. I beg to differ, because Christmas on the intensity. I learnt from these men that over Mornington Peninsula is the busiest time. The 339 Australians lost their lives, that 1216 were population increases by 50 per cent, and even though wounded and that 29 were held as prisoners of war in a there might not be a list of people for elective surgery period of three years from 25 June 1950 through to the because the population increases so much so does the end of war on 27 July 1953. They are suggesting that an call on the hospital. appropriate time to hold such a reception would be perhaps next year around the time of the anniversary of It also raises the question that if it is as quiet a time as the end of the war. the department says it would be a golden opportunity to catch up on and reduce the waiting list for a lot of the These gentlemen, and particularly I think Tom, on elderly on the Mornington Peninsula who are waiting behalf of the Korean War Veterans Association of for elective surgery. The other question this Australia, gave me a copy of a book called Korea announcement raises is that if it is such a quiet time, Remembered. Here and now in 2003 we are very with doctors on holidays and not much call for surgery familiar with Korea, but back at the time these over Christmas, why has this ward not been closed gentlemen went to war, Korea’s history was not well down in past years. This is the first year that it has been known to Australians and having troops over there proposed that it close down. No matter which way you began an interest in Korea for many Australians. I look at the department’s announcement there are huge would like to quote from the very first sentence of the holes in it and none of the reasons actually stack up. book what for me is a poignant sentence:

I noticed with interest — I know local people have There is a saying — ‘Look at an infantryman’s eyes and you noticed it too — that Peninsula Health has just posted a can tell how much war he has seen’. deficit of $4 million. I wonder whether that has As we approach our own local services on something to do with a closure of a quarter of the beds 11 November, many of us who have never had the at Rosebud Hospital. There is a strong perception on personal experience of war can actually identify with the Mornington Peninsula that the Rosebud Hospital is that. There is not a lot we can identify with in this book; the poorer cousin of the Frankston Hospital. When a but we can certainly identify with the comment that if quarter of the Rosebud Hospital is to be closed down you look at an infantryman’s eyes you can tell how over summer, the busiest time of the year, that only much war he has seen, as we go into our Armistice Day adds to that perception that it is a second-class citizen as services and pay tribute to those who fought for far as Peninsula Health is concerned. It has been a very democracy and to enable our country to remain free. real fear, and I have been inundated at my office with concerns that this is the thin edge of the wedge. Hail damage: government assistance

I ask the minister to reconsider this decision and to Mrs POWELL (Shepparton) — I would like to allocate funding so that this ward does not close down raise an issue with the Minister for Agriculture, and I over summer. am pleased to see that he is at the table. I ask the minister what support he will give to farmers in the Korean War veterans: state reception Dookie region who were hit by a devastating hailstorm on 15 October this year, and in fact I ask him what Ms CAMPBELL (Pascoe Vale) — I raise a matter support he is giving to farmers in the Shepparton for the attention of the Premier. I ask the Premier to district. hold a state reception for Korean War veterans. The hailstorms in Dookie hit about 4 o’clock, and Thomas Parkinson, a member of the Pascoe Vale although they only lasted about 30 minutes they did a Returned and Services League, has put to me that the lot of damage. The hailstones were about Korean War is indeed the forgotten war. It was held 20 centimetres in diameter but were shaped like between 1950 and 1953, and Mr Parkinson, along with frisbees and therefore cut many of the crops in half. The three other of his RSL colleagues — Charlie Slater, hail was still on the ground the next morning. I was told Terrance Shanks and Ronald Goodyer — has put to me by farmers that it was the worst hailstorm they had ever that it is really important, given the age and experience seen. I visited Dookie on 23 October with a local of many of these men, that the state should at least hold farmer, Mr Pat Trethowan, who took me to see some of a state reception for these veterans. the worst-hit properties. Korea was amongst the hardest of wars — it was bitter At Gentle Annie’s vineyard an entire block of shiraz and it was fought in a climate of real ideological has been wiped out, and 50 per cent of the remaining ADJOURNMENT

Thursday, 6 November 2003 ASSEMBLY 1637 types of grapes have been lost. Unfortunately they were but it will need funding of up to $20 000 to $30 000 to not insured for hail damage. They did a risk assessment recover its costs. I ask the minister to clarify the about five years ago and found that there had not been a situation and let the farmers of the Shepparton district significant hail incident in that area for more than know if he will be preparing information for an EC 40 years. A fourth-generation farmer, Mr Graeme application to the federal government. Johnston, said he had never seen hail like this hailstorm in his 53 years of living there. The hail was up to his Jewish community: security ankles. Mr LUPTON (Prahran) — I wish to raise a matter On some farms entire crops have been destroyed. On for the attention of the Minister assisting the Premier others a large percentage has been damaged. The full for Multicultural Affairs. The action I seek from the extent of the damage is not yet evident but may be minister is that the government take practical steps to worse than first thought. Many farmers did not insure assist Victoria’s Jewish community with the security their crops. They were trying to cut costs after the issues facing the community. As we know Victoria is a terrible drought that they had just been through. The tolerant and multicultural society, second to none in minister must make sure that these hail losses are Australia and probably anywhere else in the world. But included in the statistics for exceptional circumstances it is unfortunate that the scourge of anti-Semitism is still (EC) assistance, along with the drought and recent frost real and exists in our society. Events that take place damage. from time to time, particularly involving international terrorism, security issues and the like, sometimes give On 20 October the federal Minister for Agriculture, rise to very unfortunate effects, even in a diverse and Fisheries and Forestry, Warren Truss, visited multicultural society such as Victoria. Shepparton to see first hand the damage to the horticultural industry. He met with growers and the From time to time the Jewish community faces very Northern Victoria Fruitgrowers Association (NVFA), significant security threats at schools, at communal along with me and a number of other members of organisations, and even at individual homes. I have Parliament. I also understand that the Victorian come face to face with this issue partly because my Minister for Agriculture visited the area next day, when partner is Jewish. She has encountered what I call the he would have been told that some growers lost about scourge of anti-Semitism, and through my relationship 100 per cent of their fruit through the recent frost. with her I have become personally aware of the nature and characteristics of this most appalling attitude. Many farmers in my electorate are struggling to survive. They have been hit by the worst drought on The Jewish community is one of our most vibrant. It is record, the worst frosts on record and the worst hail on one of the communities in our society that spends a record. I ask the minister to ask his department to great amount of time and energy looking after the collect all relevant statistics from the Shepparton community’s interests and generating activities of a district to include in a exceptional circumstances charitable nature. These activities sometimes result in application. I ask the Victorian government to give those who threaten the community taking action against every support to individual farmers who may not them. The cost of maintaining security in the qualify for EC funding. community is extremely high, and it takes significant resources away from the Jewish community that could I have just been advised that a representative from the be used for more appropriate purposes. I urge the Department of Primary Industries met with the government to take practical steps to support the Jewish Northern Victoria Fruitgrowers Association today and community in dealing with these security issues that told them that the Minister for Agriculture has refused unfortunately still confront them. to fund the data collection for the exceptional circumstances application. I hope that is not the case, Small business: construction zones and the minister can say if it is or is not. Mr THOMPSON (Sandringham) — I wish to raise I remind the minister that it is the state government’s a matter for the attention of the Minister for Small responsibility to provide information for any EC Business in the other place through the responsible application, and I ask him to ensure that these vital minister in this chamber. I ask the minister to take statistics about losses in the Shepparton district are action to ensure that small business proprietors are not collected so that our farmers receive the support they adversely affected by major construction projects, deserve. If the department will not collect the particularly in the City of Melbourne. information, the NVFA is willing to do so on its behalf, ADJOURNMENT

1638 ASSEMBLY Thursday, 6 November 2003

I raise this matter on behalf Mr Kon Rekaris, a Concern has also been expressed in a letter to me from shoemaker and shoe repairer who has conducted his Mr Darryl Beauchamp of Spectrol, a nearby business business in Melbourne’s central business district for located at 1 Exhibition Street, Melbourne. He has 40 years. As a consequence of large-scale construction reiterated Mr Rekaris’s concerns, and said that he near his shop, the operation of his business, and its cannot believe no consideration is given to small financial viability, has been seriously impaired. The business in these circumstances. associated problems resulting from the building development works include lack of customer access, If any members require their shoes to be repaired, I excessive levels of dust which has damaged stock, and would be pleased to conduct a courier service from my the conversion of an adjacent retail precinct into part of office on sitting days for the remainder of the year to the construction zone. help resolve the concerns of Mr Rekaris.

I invite members of this chamber to step into The DEPUTY SPEAKER — Order! The Mr Rekaris’s shoes. He is a cobbler who has supplied honourable member’s time has expired. shoes to people throughout the world, including countries such as Russia, Germany, and Tanzania. He Pelican Pantry, Hastings: funding has served members of this chamber, and members of Ms BUCHANAN (Hastings) — I raise a matter for the federal Parliament, over the four decades that he has the attention of the Minister for Employment and Youth been conducting his business in the City of Melbourne. Affairs. The action I seek is for the minister to give due The matter has been raised previously with the City of consideration to funding the Pelican Pantry project in Melbourne, and it has endeavoured to resolve some of Hastings. Pelican Pantry is part of the Pelican aquatic the issues by, for example, keeping the area clear of centre complex which is currently nearing completion dust, maintaining pedestrian access and seeing if there and due to open in December. This excellent facility are any other reasonable measures that could be taken. received more that $2.2 million from the Bracks Labor It has also endeavoured to ensure that existing loading government to construct not only aquatic facilities but a zones outside his shop are kept clear. gymnasium, creche, kiosk and the Pelican Pantry.

The construction project has been under way for Located on the beautiful Hastings foreshore, Pelican 12 months now, and Mr Rekaris has been seriously Pantry is a 130-seat family cafe. Funding, such as that affected to the extent that he has lost perhaps up to from the community jobs program (CJP), will be used 75 per cent of his business. He says there has been a to provide groups of from 12 to 15 Mornington general state of chaos surrounding his business community residents the opportunity to be trained in all premises, which has directly led to his demise. In his aspects of hospitality for a 13-week period in a live and own words, in a letter to me he said: interactive commercial setting. This commercial enterprise, operated in partnership with the Mornington My business has been running at a loss now for many Peninsula Shire Council, the Frankston and Mornington months, and I have almost reached the point where I will have Peninsula Local Learning and Employment Network to close. and the Bracks Labor government, has 68 community He is at a loss to comprehend how this circumstance partners that represent 18 secondary schools and has arisen, and why there is no further assistance 19 training and community agencies. This is very much available to small businesses badly affected by a community-based partnership, the first of its kind of construction works which have blocked off car parking, this scope ever undertaken on the Mornington resulted in dust and dirt during excavation, and directed Peninsula, and it will certainly showcase the pedestrian traffic to the other side of the road. regeneration of the Hastings region that has been led by the Bracks Labor government since its election. The Department of Sustainability and Environment (DSE) advised earlier in a letter relating to this matter The key focus of Pelican Pantry — as well as serving that when the works are completed, there will be a quality culinary delights seven days a week to visitors sizeable increase in the office population, which is to the region — is to provide training, employment and expected to boost economic activity in the area. education opportunities through cafe facilities, offering However, this does not address the immediate concerns skills development for local hospitality, retail and of Mr Rekaris who for four decades has depended upon tourism in a manner which some have referred to as the his work as a shoemaker to feed his family and meet his Jamie Oliver-style of training. The community jobs financial obligations. program has been very beneficial to many Mornington Peninsula residents. Since CJP projects commenced in ADJOURNMENT

Thursday, 6 November 2003 ASSEMBLY 1639

July 2000 this government has invested over increases for the metropolitan fire service being very $1.28 million in Mornington Peninsula projects that much in line with the actual impost that has been have benefited more than 140 participants and countless passed on to local government for so-called training and community organisations. antiterrorism concerns! It would be absolutely appalling, I am sure all members of the house would Opportunities for participants to become confident in agree, if local government is picking up either the lion’s attaining skills to work locally are outstanding. Local share or the entire amount of what is meant to be a state schools will also look at providing student placements government initiative to do with so-called antiterrorism through vocational education and training and Victorian when all the state government is trying to do is certificate of applied learning programs in 2004 — cost-shift wage increases that it should be paying for another example of a proactive and innovative onto poor old local government. Let’s face it, local partnership between local schools, the Bracks Labor government is copping it in the neck from this state government, local government and the community. government in all manner of ways, and it is not good enough that camouflage language such as antiterrorism This is the type of development that Hastings needs. It activities is used by the Treasurer to justify such a is sustainable and engages local people in gaining skills massive increase of 17 per cent in 12 months. that will allow them to continue into gainful employment in businesses on the Mornington No wonder local government is doing it hard when it Peninsula. Again my action is to ask the minister to comes to keeping a cap on rate increases, and no wonder give due consideration to funding of the Pelican Pantry Maroondah City Council and Knox City Council are project. standing up to this government when it comes to the impost of tolls on the so-called Mitcham–Frankston Local government: fire services levy freeway, which is now a tollway. Maroondah council is joining with a number of councils and taking real action Mr HONEYWOOD (Warrandyte) — I wish to to ensure that ratepayers’ interests are represented, and it raise a matter for investigation by, and hopefully for is high time this government met its responsibilities. feedback from, the Treasurer. My concern relates to representations made to me by Maroondah City Police–Jacksons roads, Mulgrave: lighting Council in my electorate regarding fire services levy funding. Yet again, this is another example of cost Mr ANDREWS (Mulgrave) — I raise a matter for shifting from state government to local government, the attention of the Minister for Transport. I seek action which we all know is alive and well under this state to improve pedestrian lighting at the corner of Police government, be it the refusal to fund ongoing school and Jacksons roads in Mulgrave. This is an important crossing supervisors in another part of my electorate, issue for my local community and one on which I have Warrandyte High School, or, in this case, fire services received several representations from local constituents. funding, where there has been a 17 per cent increase in the contribution required at Maroondah council alone. By way of background, the intersection of Police and Jacksons roads is quite busy. It provides access to The only way that this increase has been justified by Waverley Gardens shopping centre as well as to the this cost-shifting state government is to say that it is to Police and Jacksons roads on and off ramps to the pay for antiterrorism activity. As the Maroondah Monash Freeway. Many local residents who visit the council correctly put it, I would not have thought local Waverley Gardens shopping centre on foot use the council was the correct level of government to pick up pedestrian crossing at this intersection, in particular the the tab for the state government’s so-called zebra crossing over the slip lane in the north-western antiterrorism initiatives. The real issue for the Treasurer corner of the intersection of Police and Jacksons roads. to investigate is the extent to which this so-called antiterrorism cost-shifting exercise involves the 17 per The slip lane in question carries traffic travelling cent increase in Maroondah council’s fire services levy eastward along Police Road, which then turns left to from $516 000 to $603 000, an increase of $86 000 either travel onto the Monash Freeway or head further which it will have to pass on to ratepayers. To what north to the Haverbrack estate in Mulgrave or to extent is the state government picking up its fair share Wheelers Hill. It is important to note that pedestrian of the fire services levy overall increase? traffic at this intersection is certain to increase as the nearby Mirvac residential estate develops and as the Far be it from me to suggest to the Treasurer, when he completion of the very significant upgrade to the provides action on this for me, that there is a nearby Waverley Gardens shopping centre draws near. coincidence in the Environment Protection Authority ADJOURNMENT

1640 ASSEMBLY Thursday, 6 November 2003

Following the most recent of representations to my enrolments have dropped. They are down to about 84 at office on this issue, I visited the site. I think it is fair to the moment and are projected to be much the same next say that the zebra crossing can be quite dark at night — year. This creates a problem, because it will leave the there is not sufficient lighting there. It was very clear to Goulburn Region Preschool Association with an me that a small pedestrian light at this slip-lane zebra estimated deficit across those eight preschools of crossing would improve driver and, indeed, pedestrian around $15 000. Yes, they do have reserves; and yes, visibility and safety. they are prepared to use those reserves, if necessary; but if they do that, in two years all of those reserves will be My local community has very clearly benefited from gone and they will be no better off. road funding and, indeed, public transport initiatives over the last four years. The investment in terms of What I am really seeking is for the minister to give that local main roads across the cities of Greater Dandenong cluster an assurance that funding will be provided to and Monash has been of the order of some $8 million. enable it to continue to offer that one year of preschool On from that we have had a number of bus routes from education that every child in this state is entitled to, Mulgrave to Dandenong North upgraded and the most irrespective of their economic circumstances. I am successful Smartbus program. However, this minor asking that the minister assure the cluster that children addition to that road and transport investment program enrolled at preschools in those smaller communities would be of significant benefit. Accordingly, I seek such as Colbinabbin, Undera and Barmah will not be action from the Minister for Transport to better denied their entitlement to their year of preschool illuminate the intersection in the interests of pedestrian education because the preschool cluster of which they safety. are a part must raise in excess of $15 000 in order to keep those preschools operating. Mr Honeywood — On a point of order, Deputy Speaker, the member for Pascoe Vale raised quite Given that preschool education is so vital to the passionately an issue to do with veterans affairs. I development of children — and I know that the listened with concern to the issue she raised with the minister supports that — I seek her support to provide Premier. She is not in the chamber — — some comfort to the Goulburn Region Preschool Association so that it can continue doing that work. The DEPUTY SPEAKER — Order! There is no point of order. Melton: festival promotion

Goulburn Region Preschool Association: Mr NARDELLA (Melton) — My adjournment funding matter is for the Minister for Tourism. The action I seek from the minister is to continue to support and promote Mr MAUGHAN (Rodney) — I wish to raise a tourism festivals in the Melton electorate, such as the matter for the attention of the Minister for Community Mount Atkinson olive festival, led by Jack Korkou, and Services. It concerns funding for the Goulburn Region the Djerriwarrh Festival, which is coming up. Preschool Association, which is a cluster of preschools in northern Victoria. It jointly runs preschools in Melton has a number of festivals that occur around this Undera, Colbinabbin, Avenel, Merrigum, Toolamba, time of the year. They are fantastic events. Between Katamatite and Barmah. These are all small 6 and 9 November the Djerriwarrh Festival occurs all communities that have run their own preschools over over Melton. On Saturday a parade occurs in Melton, the years but have joined together in a group which is a community event where lots of groups of employment scheme in order to reduce the overall costs people are involved, ranging from the Melton street of running these preschools, and it has been a very surfer bus group, schools, the Melton environment successful program. Overall about 100 children are group, sporting clubs, the local radio station, the enrolled at those centres, and the program requires an Country Fire Authority and the State Emergency enrolment of 95 simply to break even. Service to private enterprise organisations. They are all involved in the stalls that are set up. It is a fun three As you, Deputy Speaker, and other members of the days, when children and families can really get into the house would be aware, in northern Victoria we have events that occur. It is estimated that around been in the grip of one of the worst droughts in living 40 000 visitors come into Melton during this time to memory. So there has been a loss of members of the participate in the festival. The mascot is called Jerri, farming community — sharefarmers, employees and and the theme for this year is Welcome to the West. those associated with agriculture and the ancillary The western suburbs is an area where promotion is industries that have left the area — and hence ADJOURNMENT

Thursday, 6 November 2003 ASSEMBLY 1641 needed, and this is one of the great ways of promoting Mrs Stone has made more promises. On 9 October she it. is reported in the press as making it very clear that she will be making some funds available through the Prime The olive festival that Jack Korkou runs is another great Minister’s office if it is necessary to bring together initiative — the first one in Australia. The minister economic data. However, because we are at this stage came along to the opening last year, and that was of the financial year, that is not necessary, and I have extremely welcome. It involves many people coming had conversations with the Northern Victorian Fruit into the Melton municipality, into my electorate, and Growers Association about that. People should have having a fantastic time. Support by the minister in done their tax returns and be able to readily get together promoting these events is requested. When the festival what their situation was from the last financial year. is launched tomorrow some of the events at the Courthouse Square will be: the combined secondary There was a period earlier in the year when the federal college band, the Upbeat Big Band, the Melton Dance government was embarrassed by the strength of the Academy, the Melton Secondary College Jazz Band, state government’s drought response, and it lowered the Melton Callisthenics and the Peter Faux Dance high-jump bar for EC. For example, people in Stanley, Ensemble. There will be a special guest at Satellite City which was affected by hail, got EC when there was Furniture, with Frank Spencer coming along and only going to be the failure of one season, although assisting in the display that is occurring there. there will be difficulties in the years ahead.

The community of Melton really does get behind both However, the federal government has again reaffirmed the Mount Atkinson olive festival and the Djerriwarrh that two years of losses must be shown. The growers Festival. They are terrific community events. Melton are able to work out from their tax what their last year’s council and the organising committee should be losses were — and my department has suggested to congratulated for putting on such fantastic events. them how they might do that — and that, together with their projected losses, which people are able to work Responses out, is the information that can be put together and forwarded to the federal government. But in recent Mr CAMERON (Minister for Agriculture) — The times the federal government has been very clear about honourable member for Shepparton raised the issue there having to have been two failed seasons. concerning drought exceptional circumstances (EC) status in her electorate. She referred to horticulturalists The federal government has also become more insistent in the Goulburn Valley and the Northern Victorian about normal risk management strategies. If some Fruit Growers Association. people had insurance and other people did not have insurance, in all likelihood the view of the federal Earlier this year the government engaged consultants to government will be that some people were engaging in get together material around the economic impact of risk management strategies and others were not. There drought. That was all forwarded to the federal will certainly be difficulties in the way. government. In mid-July the federal member for Murray, Sharman Stone, promised that full EC would We need the federal government to reopen the previous be given. The honourable member for Shepparton has application and to consider the frost data. That is the certainly alerted me to the fact that Mrs Stone was best way. Certainly the honourable member for making those promises. Shepparton, the honourable member for Murray Valley and I would like to see Mrs Stone’s promise kept. I What occurred was that these people were getting suppose you could say that, given that that is what we interim EC, it was extended for another month, there all want, we are in a loose alliance. That is very much were severe frosts and shortly afterwards the federal what has to occur. government withdrew the interim EC. So they had a promise of full EC, and they have ended up with In relation to the people at Dookie, if the honourable nothing. That is outrageous. The growers want the member for Shepparton can identify the people in case promise to be kept. We have said that we would be the department has not been in touch with them, the more than prepared to forward data to them but that we department will go through with them what will have to are not prepared to engage more consultants, given that be generated in the local community around EC. But the promise of full EC was there when we had the indications from the federal government are very previously engaged consultants. clear — that is, there are slim prospects. Nevertheless Mrs Stone has made a promise to people, and it is on ADJOURNMENT

1642 ASSEMBLY Thursday, 6 November 2003 that basis that I support any application that comes out the Department of Human Services to enter into of that area. discussions with the association to examine exactly what the situation is and what options are facing those Ms GARBUTT (Minister for Community parents. Services) — The member for Rodney raised with me an issue concerning the Goulburn Region Preschool Mr PANDAZOPOULOS (Minister assisting the Association, which is a cluster of eight preschools — Premier on Multicultural Affairs) — I thank one of the quite small preschools — which have grouped together newest members in the house, the member for Prahran, and successfully implemented the group employment for the issue that he has raised, but first I congratulate scheme. him on the safe arrival of Sara. I understand mum, Julie, is doing well. On my behalf — indeed, on behalf The member advises that generally there are about of the whole house — I offer congratulations. The fun 100 children in eight centres in this scheme. He is just beginning! The member for Prahran wanted to describes this as a successful scheme. I endorse that. raise this issue in the house last night, but duty called The group employment model implemented by the and he rushed off. Today, at 7.30 a.m., Sara arrived government has taken quite a burden off the volunteer safely. The member made it back to the house to make committees of management, and it is successful in sure he contributed to the adjournment debate. It shows reducing their administrative burden and enhancing the us how committed he is to his community. viability of small preschools, particularly those in rural and regional Victoria. The member raised an issue seeking my support for the Jewish community in his electorate. He is a passionate Recently I released the second stage of the group supporter of multiculturalism and a supporter and friend employment scheme — the government had an of the Jewish community in his electorate. I am pleased overwhelming response from regional Victoria; the to tell the member that the government has been doing scheme was heavily subscribed — and the new a lot of good work with the Jewish community, preschools entering into the scheme will also find it particularly now that it has more dollars available than very valuable. We have, as a government, got a strong were ever available through the Victorian Multicultural record on preschools — — Commission’s grants program.

The DEPUTY SPEAKER — Order! There are a This means we can actually fund some new programs number of conversations taking place in the chamber. I for communities, whether they are capital works ask members to either take themselves outside the upgrades as situations arise or whether they are chamber or resume their places. campaigns — such as the $10 000 grant provided to the B’Nai B’Rith Anti-Defamation Commission as part of Ms GARBUTT — I was mentioning the very proud its touring campaign into regional Victoria, dealing record of participation in preschools that the with tolerance and understanding between different government has encouraged. We have a record 97 per cultures. It may be the $15 500 grant we gave to the cent of four-year-old children participating in Chabad Institutions of Australia, which started a new preschools. The group employment model is one of the multicultural heritage program last year, and it has reasons why our preschools are now stronger than ever. continued this year. A grant of $7000 was made to the However, the member for Rodney raised with me an Makor Jewish Community Library Multicultural issue about the decline in numbers, perhaps due to the Heritage program, as well as a community building drought and the loss of farming families. Many grant of $5400 to the National Council of Jewish preschools have to face the issue of declining Women of Australia (Victoria). enrolments. At the other end, of course, enrolments go up from time to time. The ebb and flow of enrolments The honourable member referred to the Beth is an issue that we have to face. Weizmann Centre. I am aware of that centre, and the honourable member has also spoken to me about it I am confident that the reforms to preschool services we previously. It does great work, with 16 different have put in place, particularly in group employment, community organisations being co-located at the one will ensure their viability in the long term and provide site, which is obviously a great idea. That community the critical services. Honourable members would has been seeking some funding to upgrade security at understand how crucial preschool is for four-year-olds its premises. Unfortunately in these troubled times and their families. security is a broad issue not only for all of us in With regard to the particular circumstances facing the government but also for many community Goulburn Region Preschool Association, I will request organisations as well, including the Jewish community. ADJOURNMENT

Thursday, 6 November 2003 ASSEMBLY 1643

The Victorian Multicultural Commission has support. He is also a member of the government’s considered this matter, and I know representations were Friends of Tourism group, and I look forward to also made to the Premier when he attended the working with him to see what we can do to support 65th annual assembly of the State Zionist Council. I am these events even further. pleased to inform the member that thanks to his good work and the representations to the multicultural Mr Perton — On a point of order, Deputy commission, the commission agrees that a grant of Speaker — — $15 000 would be warranted as part of the security system upgrade for the Beth Weizmann Centre, and I The DEPUTY SPEAKER — Order! I trust the am pleased to announce that in the house tonight. I point of order will not be the same point of order the thank the honourable member very much for his hard member for Doncaster has raised on the last two work. I look forward to continuing to work with the Thursdays of the sitting and on which he has been ruled Jewish community and other communities across the against. board. Mr Perton — As you did on many occasions, The honourable member for Melton raised with me the Deputy Speaker. importance of community festivals and events in the The member for Pascoe Vale raised a very important Melton area. He referred to one of those events that I matter for the Premier relating to Korean War veterans. had the pleasure of visiting with him last year — that is, I note that she is in the chamber waiting for a response the Mount Atkinson olive festival. It is the only one of from the Premier. its type, and one would wonder, with the boom in the olive industry, why there are not more olive festivals. I The DEPUTY SPEAKER — Order! There is no know it is certainly a great event, and I was really point of order. amazed at how packed it was. It just shows the emerging tourism occurring out in the western suburbs, Mr Perton — Deputy Speaker, I draw your and I will be out there in the next few weeks launching attention to the state of the house. a new regional tourism plan between the western suburbs communities and the tourism ministry. Quorum formed.

Events are part of that strategy. This was a very Mr CAMERON (Minister for Agriculture) — The well-attended event by people from all over Melbourne honourable member for Pascoe Vale raised a matter and beyond, and it not only promoted the health values with the Premier that was first brought to the Premier’s of olive oil but was a good multicultural festival. There attention by the honourable member during the very were many different ethnic groups at the festival, and successful community cabinet which was held recently they made some pretty good souvlaki! It is one of the in Moreland. The Premier is aware of the ongoing occupational hazards of the job — attending all these support by members of the local Korean War veterans, festivals and events. Certainly they have done a great and the member’s efforts in regard to this matter are job, and I acknowledge and support what the member is recognised. The Premier indicated at the time that he saying. would follow up the matter. He advises that the protocol and special events section has been asked by He also mentioned the Djerriwarrh Festival, which is a his office to facilitate a reception for the Korean War pride and joy of the local community. He has asked that veterans. The Premier’s office will be in touch with the I look at the opportunity of working with both of these honourable member for Pascoe Vale to ensure that the events from a tourism point of view, and I am happy to event takes place at the most appropriate opportunity. do that. The member would be aware of the increased Certainly the work of the honourable member for funding we have provided for marketing of local Pascoe Vale is acknowledged and appreciated. events. Some of it is done through the Country Victoria Tourism Council, and I am happy to organise a meeting The honourable members for Nepean, Sandringham, for him on behalf of these community organisations Hastings, Warrandyte, Mulgrave and Rodney raised where they might be able to apply for some of that matters for ministers, and I will refer those matters to funding support. them.

He is absolutely right — these events are helping put Motion agreed to. the Melton regional community on the map. It is their House adjourned 5.05 p.m. until Tuesday, 18 November. own tourism statement. There is great product in the area. I thank the honourable member for his great

1644 ASSEMBLY

QUESTIONS ON NOTICE

Wednesday, 5 November 2003 ASSEMBLY 1645

QUESTIONS ON NOTICE

Answers to the following questions on notice were circulated on the date shown. Questions have been incorporated from the notice paper of the Legislative Assembly. Answers have been incorporated in the form supplied by the departments on behalf of the appropriate ministers. The portfolio of the minister answering the question on notice starts each heading.

Wednesday, 5 November 2003

Attorney-General: CPR Communications and Public Relations Pty Ltd

76(e). Ms ASHER to ask the Honourable the Attorney-General — with reference to every contract entered into between the Minister’s department or private office and the firm CPR Communications and Public Relations Pty Ltd since 20 October 1999, what are the names and positions of the people who awarded any contract or who made the decision for any work to be given to the firm.

ANSWER:

I am informed that / as follows:

For personal privacy reasons, it is inappropriate to provide details of the names and positions of the people who awarded contracts or made decisions for any work to be given to the firm in question.

Police and emergency services: traffic accident deaths and injuries

221. Mr THOMPSON to ask the Honourable the Minister for Police and Emergency Services — with reference to the 57.6 per cent increase in speed camera fines in the Cities of Bayside and Kingston in the first quarter of 2003 compared with 2002, what is the number of traffic accident deaths or reported injuries for the same quarter for each of 1999, 2000, 2001, 2002 and 2003.

ANSWER:

I am advised that / as follows:

There were no road fatalities in the Cities of Bayside and Kingston during the first quarter of 2003 and injuries were down 16% compared to the same period in 2003. Clearly, the Bracks Governments dedication to reducing the road toll is working and is making the roads of Bayside and Kingston safer for all road users.

Statewide, road fatalities decreased by 9.2% and injuries decreased by 13.5% in the first quarter of 2003.

The Bracks Government will continue to ensure safer roads for all Victorians.

Corrections: Haystac Public Affairs Pty Ltd

238(h). Ms ASHER to ask the Honourable the Minister for Corrections —

(1) What payments have been made to the company by the Minister’s Department, office or any agency or statutory authority, or any predecessor Department, office, agency or statutory authority, under the Minister’s administration since 1 February 2001.

(2) On what dates were the payments made.

(3) What are the details of the project for which payment was made. QUESTIONS ON NOTICE

1646 ASSEMBLY Wednesday, 5 November 2003

ANSWER:

I am advised that:

No payments have been made by my Department or Office to the firm Haystac Public Affairs P/L.

To provide details of payments made by agencies, statutory authorities or predecessor departments, offices, agencies of statutory authorities under my administration would be an unreasonable diversion of my department’s resources.

Financial services industry: Haystac Public Affairs Pty Ltd

238(q). Ms ASHER to ask the Honourable the Minister for Financial Services Industry —

(1) What payments have been made to the company by the Minister’s Department, office or any agency or statutory authority, or any predecessor Department, office, agency or statutory authority, under the Minister’s administration since 1 February 2001.

(2) On what dates were the payments made.

(3) Briefly describe the project for which payment was made.

ANSWER:

I am informed as follows:

Since my being sworn in as a Minister in December 2002, no payments relevant to the Financial Services Industry portfolio have been made by my Department or my Private Office to the firm Haystac Public Affairs P/L.

To provide details of payments made by agencies, statutory authorities or predecessor departments, offices, agencies or statutory authorities under my administration would be an unreasonable diversion of my Department’s resources.

Innovation: Haystac Public Affairs Pty Ltd

238(w). Ms ASHER to ask the Honourable the Minister for Innovation —

(1) What payments have been made to the company by the Minister’s Department, office or any agency or statutory authority, or any predecessor Department, office, agency or statutory authority, under the Minister’s administration since 1 February 2001.

(2) On what dates were the payments made.

(3) Briefly describe the project for which payment was made.

ANSWER:

I am informed as follows:

Since December 2002, no payments have been made by my Department or my Private Office to the firm Haystac Public Affairs P/L.

Prior to December 2002, the Department made one payment of $550 to Haystac Public Affairs. The payment was made on 25 June 2002 and was for project services to source sponsorship for the Commercialise 2002 Workshop series. QUESTIONS ON NOTICE

Wednesday, 5 November 2003 ASSEMBLY 1647

To provide details of payments made by agencies, statutory authorities or predecessor departments, offices, agencies or statutory authorities under my administration would be an unreasonable diversion of my Department’s resources.

Manufacturing and export: Haystac Public Affairs Pty Ltd

238(y). Ms ASHER to ask the Honourable the Minister for Manufacturing and Export —

(1) What payments have been made to the company by the Minister’s Department, office or any agency or statutory authority, or any predecessor Department, office, agency or statutory authority, under the Minister’s administration since 1 February 2001.

(2) On what dates were the payments made.

(3) Briefly describe the project for which payment was made.

ANSWER:

I am informed as follows:

Since my being sworn in as a Minister in December 2002, no payments relevant to the Manufacturing and Export portfolio have been made by my Department or my Private Office to the firm Haystac Public Affairs P/L.

To provide details of payments made by agencies, statutory authorities or predecessor departments, offices, agencies or statutory authorities under my administration would be an unreasonable diversion of my Department’s resources.

Police and emergency services: Haystac Public Affairs Pty Ltd

238(ac). Ms ASHER to ask the Honourable the Minister for Police and Emergency Services —

(1) What payments have been made to the company by the Minister’s Department, office or any agency or statutory authority, or any predecessor Department, office, agency or statutory authority, under the Minister’s administration since 1 February 2001.

(2) On what dates were the payments made.

(3) What are the details of the project for which payment was made.

ANSWER:

I am advised that:

No payments have been made by my Department or Office to the firm Haystac Public Affairs P/L.

To provide details of payments made by agencies, statutory authorities or predecessor departments, offices, agencies of statutory authorities under my administration would be an unreasonable diversion of my department’s resources.

State and regional development: Haystac Public Affairs Pty Ltd

238(ad). Ms ASHER to ask the Honourable the Minister for State and Regional Development —

(1) What payments have been made to the company by the Minister’s Department, office or any agency or statutory authority, or any predecessor Department, office, agency or statutory authority, under the Minister’s administration since 1 February 2001. QUESTIONS ON NOTICE

1648 ASSEMBLY Wednesday, 5 November 2003

(2) On what dates were the payments made.

(3) Briefly describe the project for which payment was made.

ANSWER:

I am informed as follows:

Since December 2002, no payments have been made by my Department or my Private Office to the firm Haystac Public Affairs P/L.

Prior to December 2002, the Department made one payment of $550 to Haystac Public Affairs. The payment was made on 25 June 2002 and was for project services to source sponsorship for the Commercialise 2002 Workshop series.

To provide details of payments made by agencies, statutory authorities or predecessor departments, offices, agencies or statutory authorities under my administration would be an unreasonable diversion of my Department’s resources.

Corrections: Social Shift Pty Ltd

239(h). Ms ASHER to ask the Honourable the Minister for Corrections —

(1) What payments have been made to the company by the Minister’s Department, office or any agency or statutory authority, or any predecessor Department, office, agency or statutory authority, under the Minister’s administration since 1 July 2001.

(2) On what dates were the payments made.

(3) What are the details of the project for which payment was made.

ANSWER:

I am advised that:

No payments have been made by my Department or Office to the firm Social Shift P/L.

To provide details of payments made by agencies, statutory authorities or predecessor departments, offices, agencies of statutory authorities under my administration would be an unreasonable diversion of my department’s resources.

Financial services industry: Social Shift Pty Ltd

239(q). Ms ASHER to ask the Honourable the Minister for Financial Services Industry —

(1) What payments have been made to the company by the Minister’s Department, office or any agency or statutory authority, or any predecessor Department, office, agency or statutory authority, under the Minister’s administration since 1 July 2001.

(2) On what dates were the payments made.

(3) Briefly describe the project for which payment was made.

ANSWER:

I am informed as follows: QUESTIONS ON NOTICE

Wednesday, 5 November 2003 ASSEMBLY 1649

Since my being sworn in as a Minister in December 2002, no payments relevant to the Financial Services Industry portfolio have been made by my Department or my Private Office to the firm Social Shift P/L.

To provide details of payments made by agencies, statutory authorities or predecessor departments, offices, agencies or statutory authorities under my administration would be an unreasonable diversion of my Department’s resources.

Innovation: Social Shift Pty Ltd

239(w). Ms ASHER to ask the Honourable the Minister for Innovation —

(1) What payments have been made to the company by the Minister’s Department, office or any agency or statutory authority, or any predecessor Department, office, agency or statutory authority, under the Minister’s administration since 1 July 2001.

(2) On what dates were the payments made.

(3) Briefly describe the project for which payment was made.

ANSWER:

I am informed as follows:

No payments have been made by my Department or my Private Office to the firm Social Shift P/L.

To provide details of payments made by agencies, statutory authorities or predecessor departments, offices, agencies or statutory authorities under my administration would be an unreasonable diversion of my Department’s resources.

Manufacturing and export: Social Shift Pty Ltd

239(y). Ms ASHER to ask the Honourable the Minister for Manufacturing and Export —

(1) What payments have been made to the company by the Minister’s Department, office or any agency or statutory authority, or any predecessor Department, office, agency or statutory authority, under the Minister’s administration since 1 July 2001.

(2) On what dates were the payments made.

(3) Briefly describe the project for which payment was made.

ANSWER:

I am informed as follows:

Since my being sworn in as a Minister in December 2002, no payments relevant to the Manufacturing and Export portfolio have been made by my Department or my Private Office to the firm Social Shift P/L.

To provide details of payments made by agencies, statutory authorities or predecessor departments, offices, agencies or statutory authorities under my administration would be an unreasonable diversion of my Department’s resources.

Police and emergency services: Social Shift Pty Ltd

239(ac). Ms ASHER to ask the Honourable the Minister for Police and Emergency Services — QUESTIONS ON NOTICE

1650 ASSEMBLY Wednesday, 5 November 2003

(1) What payments have been made to the company by the Minister’s Department, office or any agency or statutory authority, or any predecessor Department, office, agency or statutory authority, under the Minister’s administration since 1 July 2001.

(2) On what dates were the payments made.

(3) What are the details of the project for which payment was made.

ANSWER:

I am advised that:

No payments have been made by my Department or Office to the firm Social Shift P/L.

To provide details of payments made by agencies, statutory authorities or predecessor departments, offices, agencies of statutory authorities under my administration would be an unreasonable diversion of my department’s resources.

State and regional development: Social Shift Pty Ltd

239(ad). Ms ASHER to ask the Honourable the Minister for State and Regional Development —

(1) What payments have been made to the company by the Minister’s Department, office or any agency or statutory authority, or any predecessor Department, office, agency or statutory authority, under the Minister’s administration since 1 July 2001.

(2) On what dates were the payments made.

(3) Briefly describe the project for which payment was made.

ANSWER:

I am informed as follows:

No payments have been made by my Department or my Private Office to the firm Social Shift P/L.

To provide details of payments made by agencies, statutory authorities or predecessor departments, offices, agencies or statutory authorities under my administration would be an unreasonable diversion of my Department’s resources. QUESTIONS ON NOTICE

Thursday, 6 November 2003 ASSEMBLY 1651

QUESTIONS ON NOTICE

Answers to the following questions on notice were circulated on the date shown. Questions have been incorporated from the notice paper of the Legislative Assembly. Answers have been incorporated in the form supplied by the departments on behalf of the appropriate ministers. The portfolio of the minister answering the question on notice starts each heading.

Thursday, 6 November 2003

Environment: Mornington Peninsula National Park budget

231. Mr DIXON to ask the Honourable the Minister for the Environment — to what degree has the environmental budget of the park been cut, and what works will that cut affect.

ANSWER:

I am informed that:

The Bracks Government has announced significant extra funding for a number of key environmental priorities in Victoria including: $14M over four years to tackle pest plant and animal issues on public land; and an additional $16M over four years to employ 50 additional Parks Victoria staff in rural and regional Victoria.

These are in addition to the previously announced budget allocations to support the establishment and ongoing management of a system of Marine National Parks and Box Ironbark Parks. Parks Victoria is also working with Melbourne Water to improve the environmental and recreational values of Devilbend Reservoir.

Parks Victoria appropriately allocates resources for managing the natural environment and services to visitors in parks across the state, these include: – Pest animal and pest plant projects essential to the protection of the Mornington Peninsula Hooded Plovers population; – Works to ensure that ragwort infestations in the Mornington Peninsula National Park (MPNP) are controlled and do not affect adjoining properties; – Work on Moonah Woodland protection in Point Nepean and the control of Dolichus Pea that threatens coastal vegetation at Cape Schanck. Resources will continue to be allocated to the control of new and emerging pest plants in MPNP.

The Government is committed to Victoria's environment.

Consumer affairs: Haystac Public Affairs Pty Ltd

238(f). Ms ASHER to ask the Honourable the Attorney-General for the Honourable the Minister for Consumer Affairs —

(1) What payments have been made to the company by the Minister’s Department, office or any agency or statutory authority, or any predecessor Department, office, agency or statutory authority, under the Minister’s administration since 1 February 2001.

(2) On what dates were the payments made.

(3) What are the details of the project for which payment was made.

ANSWER:

I am informed that: QUESTIONS ON NOTICE

1652 ASSEMBLY Thursday, 6 November 2003

No payments have been made by my Department and/or Office to the firm Social Shift P/L.

To provide details of payments made by agencies, statutory authorities or predecessor departments, offices, agencies of statutory authorities under my administration would be an unreasonable diversion of my department’s resources.

Consumer affairs: Social Shift Pty Ltd

239(f). Ms ASHER to ask the Honourable the Attorney-General for the Honourable the Minister for Consumer Affairs —

(1) What payments have been made to the company by the Minister’s Department, office or any agency or statutory authority, or any predecessor Department, office, agency or statutory authority, under the Minister’s administration since 1 July 2001.

(2) On what dates were the payments made.

(3) Briefly describe the project for which payment was made.

ANSWER:

I am informed that:

No payments have been made by my Department or Office to the firm Social Shift P/L.

To provide details of payments made by agencies, statutory authorities or predecessor departments, offices, agencies of statutory authorities under my administration would be an unreasonable diversion of my department’s resources. MEMBERS INDEX

5 and 6 November 2003 ASSEMBLY i

Questions without notice MEMBERS INDEX Rail: Linking Victoria strategy, 1514

BEATTIE, Ms (Yuroke) ALLAN, Ms (Bendigo East) (Minister for Education Services and Minister for Employment and Youth Affairs) Adjournment Adjournment Manufacturing: northern suburbs, 1569

Responses, 1576 Bills Questions without notice Accident Compensation and Transport Accident Acts (Amendment) Bill, 1591 Schools: capital works upgrades, 1620 Members statements

ANDREWS, Mr (Mulgrave) Melbourne Airport: international award, 1581 Questions without notice Adjournment Major events: economic impact, 1513 Police–Jacksons roads, Mulgrave: lighting, 1639

Members statements BRACKS, Mr (Williamstown) (Premier and Minister for Association of Ukrainians in Victoria: Noble Park anniversary, Multicultural Affairs) 1582 Questions without notice

ASHER, Ms (Brighton) Government: submission and response guidelines, 1616 Holden: engine plant, 1510 Bills Hospitals: funding, 1510 Emerald Tourist Railway (Amendment) Bill, 1519 State Taxation Acts (Further Miscellaneous Amendments) Bill, BRUMBY, Mr (Broadmeadows) (Treasurer, Minister for 1538 Innovation and Minister for State and Regional Development)

Bills BAILLIEU, Mr (Hawthorn) Gambling Regulation Bill, 1602 Bills Shop Trading Reform (Simplification) Bill, 1471, 1472, 1607

Emerald Tourist Railway (Amendment) Bill, 1507, 1515 Points of order, 1603 Members statements Questions without notice Heritage Council: composition, 1477 Business: investment, 1511

BARKER, Ms (Oakleigh) BUCHANAN, Ms (Hastings) Rulings, 1494 Adjournment Pelican Pantry, Hastings: funding, 1638 BATCHELOR, Mr (Thomastown) (Minister for Transport and Minister for Major Projects) Matter of public importance Point Nepean: future, 1487 Adjournment Responses, 1574 CAMERON, Mr (Bendigo West) (Minister for Agriculture) Bills Adjournment Gambling Regulation Bill, 1601, 1604 Parliamentary Committees Bill, 1606 Responses, 1641, 1643

Points of order, 1575, 1605, 1621 Bills Parliamentary Committees Bill, 1471 MEMBERS INDEX ii ASSEMBLY 5 and 6 November 2003

Business of the house CRUTCHFIELD, Mr (South Barwon) Program, 1475 Members statements Surf Coast: dog control, 1481 CAMPBELL, Ms (Pascoe Vale)

Adjournment D’AMBROSIO, Ms (Mill Park) Korean War veterans: state reception, 1636 Members statements Bills Northern Mauritian Seniors Club: 10th anniversary, 1585 Fair Trading (Further Amendment) Bill, 1630

Matter of public importance DELAHUNTY, Mr (Lowan) Point Nepean: future, 1497 Bills Members statements Fair Trading (Further Amendment) Bill, 1528, 1628 Sisters of Mercy, Coburg: centenary, 1481 Economic Development Committee Westbreen Primary School: 80th anniversary, 1481 Export opportunities for rural industries, 1506 Public Accounts and Estimates Committee Questions without notice Budget estimates, 1502 Hospitals: rural and regional, 1510

CARLI, Mr (Brunswick) Rulings, 1500, 1505

Bills DEPUTY SPEAKER and CHAIR OF COMMITTEES, The Road Safety (Amendment) Bill, 1559 (Mr Loney)

Rulings, 1605, 1629, 1630, 1631, 1640, 1642, 1643 CLARK, Mr (Box Hill)

Bills DIXON, Mr (Nepean) Accident Compensation and Transport Accident Acts (Amendment) Bill, 1589 Adjournment Professional Standards Bill, 1540 Rosebud Hospital: bed closures, 1635 State Taxation Acts (Further Miscellaneous Amendments) Bill, 1531 Matter of public importance Point Nepean: future, 1484

COOPER, Mr (Mornington) Petitions

Adjournment Point Nepean–Truemans roads, Tootgarook: safety, 1579 Exports: Thailand free trade agreement, 1572 Road Safety Committee

Bills Older road users, 1502 Fair Trading (Further Amendment) Bill, 1625, 1630 Gambling Regulation Bill, 1602 DOYLE, Mr (Malvern) (Leader of the Opposition)

Matter of public importance Matter of public importance Point Nepean: future, 1492 Point Nepean: future, 1498

Members statements Points of order, 1621 Taxis: multipurpose program, 1583 Questions without notice Points of order, 1471 Government: submission and response guidelines, 1615, 1621 Hospitals: funding, 1509 Police: speed cameras, 1512 MEMBERS INDEX

5 and 6 November 2003 ASSEMBLY iii

DUNCAN, Ms (Macedon) Members statements Australian Broadcasting Corporation: future, 1583 Adjournment Tourism: regional events, 1571 Road Safety Committee Older road users, 1503 Petitions Disability services: schools, 1472 HELPER, Mr (Ripon)

ECKSTEIN, Ms (Ferntree Gully) Bills Fair Trading (Further Amendment) Bill, 1631 Members statements Angliss Hospital: community and staff awards, 1479 Questions without notice Rail: Linking Victoria strategy, 1514 Petitions Knox: rates, 1579 HOLDING, Mr (Lyndhurst) (Minister for Manufacturing and Questions without notice Export, and Minister for Financial Services Industry) Courts: discoverable documents investigation, 1617 Adjournment Responses, 1573 GARBUTT, Ms (Bundoora) (Minister for Community Services)

Adjournment HONEYWOOD, Mr (Warrandyte) Responses, 1642 Adjournment Questions without notice Local government: fire services levy, 1639 Disability services: autism spectrum disorder, 1619 Points of order, 1640

HAERMEYER, Mr (Kororoit) (Minister for Police and Emergency Services and Minister for Corrections) HOWARD, Mr (Ballarat East)

Bills Members statements Firearms (Amendment) Bill, 1472, 1609 John McManus, 1586

Personal explanation, 1471 HUDSON, Mr (Bentleigh) Questions without notice Police Members statements performance indicators, 1617 Balibo Flag House, East Timor, 1586 speed cameras, 1512, 1513

HULLS, Mr (Niddrie) (Attorney-General, Minister for Industrial HARDMAN, Mr (Seymour) Relations and Minister for Workcover)

Members statements Bills Yarra Valley Food and Wine Day, 1481 Crimes (Money Laundering) Bill, 1472, 1609 Fair Trading (Further Amendment) Bill, 1626, 1628, 1633 Questions without notice Hospitals: rural and regional, 1622 Business of the house Adjournment, 1580

HARKNESS, Mr (Frankston) Questions without notice Courts: discoverable documents investigation, 1617 Matter of public importance Workcover: small business, 1512 Point Nepean: future, 1490 MEMBERS INDEX iv ASSEMBLY 5 and 6 November 2003

INGRAM, Mr (Gippsland East) LANGUILLER, Mr (Derrimut)

Distinguished visitor, 1537 Members statements Ukraine: famine commemoration, 1480 Questions without notice Disability services: autism spectrum disorder, 1619 Questions without notice Holden: engine plant, 1510 Rulings, 1590

LEIGHTON, Mr (Preston) JASPER, Mr (Murray Valley) Members statements Adjournment Chinese Settlement in Darebin, 1478 Trams: ticket infringement, 1569

Bills LIM, Mr (Clayton) Emerald Tourist Railway (Amendment) Bill, 1516 Gambling Regulation Bill, 1600 Bills Accident Compensation and Transport Accident Acts Members statements (Amendment) Bill, 1593 Liquefied petroleum gas: conversion incentives, 1476 Fair Trading (Further Amendment) Bill, 1627

Members statements JENKINS, Mr (Morwell) Environment: plastic bags, 1477

Members statements Relay for Life: Latrobe Valley, 1587 LINDELL, Ms (Carrum)

Adjournment KOSKY, Ms (Altona) (Minister for Education and Training) Schools: bullying, 1570

Points of order, 1505 Points of order, 1500

Questions without notice Rulings, 1599, 1603 Education and Training: staffing, 1623 Victorian certificate of applied learning: implementation, 1618 LOBATO, Ms (Gembrook)

KOTSIRAS, Mr (Bulleen) Bills Emerald Tourist Railway (Amendment) Bill, 1521 Adjournment Members statements Taxis: multipurpose program, 1568 George Wilson, 1586 Bills Petitions Fair Trading (Further Amendment) Bill, 1524, 1628, 1632 Chisholm Institute of TAFE: child-care facilities, 1579 Members statements Innovation Economy Advisory Board: composition, 1582 LOCKWOOD, Mr (Bayswater) Rulings, 1551, 1552, 1554, 1555 Questions without notice Schools: capital works upgrades, 1619 LANGDON, Mr (Ivanhoe)

Petitions LONEY, Mr (Lara) (See also DEPUTY SPEAKER and CHAIR Rail: Bendigo line, 1472 OF COMMITTEES, The)

Bills Professional Standards Bill, 1611 MEMBERS INDEX

5 and 6 November 2003 ASSEMBLY v

Members statements MERLINO, Mr (Monbulk) Geelong Breastscreen: 10th anniversary, 1580 Bills Emerald Tourist Railway (Amendment) Bill, 1518 LUPTON, Mr (Prahran)

Adjournment MILDENHALL, Mr (Footscray) Jewish community: security, 1637 Bills Matter of public importance Accident Compensation and Transport Accident Acts Point Nepean: future, 1494 (Amendment) Bill, 1590

McINTOSH, Mr (Kew) MORAND, Ms (Mount Waverley)

Bills Members statements Accident Compensation and Transport Accident Acts Anne Williams, 1478 (Amendment) Bill, 1561 Crimes (Money Laundering) Bill, 1472 MULDER, Mr (Polwarth) Professional Standards Bill, 1549 Bills McTAGGART, Ms (Evelyn) Road Safety (Amendment) Bill, 1550

Members statements Members statements 1st Mount Evelyn scout group, 1581 Cec Burgin, 1585 Cliff Young, 1479

Questions without notice MARSHALL, Ms (Forest Hill) Police: speed cameras, 1513 Matter of public importance Point Nepean: future, 1500 MUNT, Ms (Mordialloc) Questions without notice Members statements Victorian certificate of applied learning: implementation, 1618 Mordialloc-Mentone Lions Club, 1584

MAUGHAN, Mr (Rodney) NAPTHINE, Dr (South-West Coast) Adjournment Economic Development Committee Goulburn Region Preschool Association: funding, 1640 Export opportunities for rural industries, 1504 Business of the house Members statements Program, 1475 Warrnambool Hospital: facilities, 1582

Points of order, 1603, 1604 MAXFIELD, Mr (Narracan)

Bills NARDELLA, Mr (Melton) Accident Compensation and Transport Accident Acts (Amendment) Bill, 1593 Adjournment Members statements Melton: festival promotion, 1640 Narracan: anniversaries, 1585 Questions without notice Community Support Fund: grants, 1616

Rulings, 1575, 1576 MEMBERS INDEX vi ASSEMBLY 5 and 6 November 2003

NEVILLE, Ms (Bellarine) PLOWMAN, Mr (Benambra)

Members statements Matter of public importance Geelong: Lyons Construction, 1480 Point Nepean: future, 1495

Questions without notice Members statements Workcover: small business, 1512 Water: utility management, 1478

OVERINGTON, Ms (Ballarat West) POWELL, Mrs (Shepparton)

Members statements Adjournment Ballarat Spring Fest, 1583 Hail damage: government assistance, 1636

Matter of public importance PANDAZOPOULOS, Mr (Dandenong) (Minister for Gaming, Point Nepean: future, 1489 Minister for Racing, Minister for Tourism and Minister assisting the Premier on Multicultural Affairs) Members statements Shepparton Apex Club: fundraising record, 1584 Adjournment Responses, 1574, 1642 ROBINSON, Mr (Mitcham) Bills Emerald Tourist Railway (Amendment) Bill, 1522 Adjournment Gambling Regulation Bill, 1471, 1594, 1599, 1600 Building industry: home renovator, 1572

Questions without notice Bills Major events: economic impact, 1513 Professional Standards Bill, 1614

Questions without notice PERERA, Mr (Cranbourne) Business: investment, 1511

Members statements Racing: Cranbourne training complex, 1476 RYAN, Mr (Gippsland South) (Leader of the National Party)

Bills PERTON, Mr (Doncaster) Accident Compensation and Transport Accident Acts (Amendment) Bill, 1565 Bills Professional Standards Bill, 1544 Fair Trading (Further Amendment) Bill, 1629, 1632 Shop Trading Reform (Simplification) Bill, 1472 Parliamentary Committees Bill, 1471 State Taxation Acts (Further Miscellaneous Amendments) Bill, 1534 Business of the house Program, 1475 Members statements HM Prison Won Wron: future, 1581 Points of order, 1618, 1630, 1643 Points of order, 1603, 1620 Questions without notice Education and Training: staffing, 1623 Questions without notice Alpine grazing: licences, 1616 Duck hunting, 1514 PIKE, Ms (Melbourne) (Minister for Health)

Questions without notice SAVAGE, Mr (Mildura) Hospitals: rural and regional, 1510, 1622 Adjournment Taxis: multipurpose program, 1571 MEMBERS INDEX

5 and 6 November 2003 ASSEMBLY vii

Bills SYKES, Dr (Benalla) Road Safety (Amendment) Bill, 1558 Bills Members statements Professional Standards Bill, 1613 Foxes: control, 1478 Members statements Rulings, 1529, 1530 Australian mountain bike championships, 1479

SEITZ, Mr (Keilor) THOMPSON, Mr (Sandringham)

Adjournment Adjournment Calder Freeway: access, 1571 Small business: construction zones, 1637

Members statements SMITH, Mr (Bass) Beaumaris Football Club, 1476

Adjournment Taxis: multipurpose program, 1570 THWAITES, Mr (Albert Park) (Minister for Environment, Minister for Water and Minister for Victorian Communities) Bills Matter of public importance Gambling Regulation Bill, 1599 Point Nepean: future, 1482 Members statements Questions without notice Shop trading hours: Easter Sunday, 1581 Alpine grazing: licences, 1616 Points of order, 1575, 1576 Community Support Fund: grants, 1616 Duck hunting, 1514

SPEAKER, The (Hon. Judy Maddigan) TREZISE, Mr (Geelong) Business of the house Divisions: procedure, 1471 Members statements Geelong: Worksafe Week, 1587 Rulings, 1471, 1501, 1515, 1615, 1616, 1617, 1618, 1619, 1620, 1621, 1622 Road Safety Committee

Rulings by the Chair Older road users, 1505 Committee reports, 1501 WALSH, Mr (Swan Hill)

STENSHOLT, Mr (Burwood) Bills

Bills Road Safety (Amendment) Bill, 1555 Accident Compensation and Transport Accident Acts (Amendment) Bill, 1587 WELLS, Mr (Scoresby) Fair Trading (Further Amendment) Bill, 1623, 1628, 1632 Professional Standards Bill, 1547 Bills State Taxation Acts (Further Miscellaneous Amendments) Bill, Firearms (Amendment) Bill, 1472 1537 Members statements Members statements Mitcham–Frankston freeway: tolls, 1480 Boroondara: councillors, 1477 Points of order, 1501, 1617, 1618 Points of order, 1629 Questions without notice Police: performance indicators, 1617 MEMBERS INDEX viii ASSEMBLY 5 and 6 November 2003

WILSON, Mr (Narre Warren South)

Bills Fair Trading (Further Amendment) Bill, 1629

Members statements Diwali Festival, 1476