5 Sep 2000 Legislative Assembly 2855

TUESDAY, 5 SEPTEMBER 2000 PETITIONS The Clerk announced the receipt of the following petitions—

Mr SPEAKER (Hon. R. K. Hollis, Redcliffe) read prayers and took the chair at 9.30 a.m. Burdekin Bypass From Mr Borbidge (1,012 petitioners) requesting the House to call on the State ASSENT TO BILLS Minister for Transport, the Honourable Steve Assent to the following Bills reported by Bredhauer MLA, to act in accordance with the Mr Speaker— wishes of the Burdekin district community and State Housing Amendment Bill (No. 2); abandon the Burdekin bypass project, all proposed route options on maps and expunge Valuation of Land Amendment Bill; any Department of Main Roads notations on Workplace Health and Safety land titles. Amendment Bill. Burrum Heads-Bruce Highway DISTINGUISHED VISITORS From Dr Kingston (210 petitioners) Mr SPEAKER: Order! I ask members to requesting the House to substantially improve acknowledge the presence in the Speaker's the road between Burrum Heads and the old Gallery of honourable members of the House Bruce Highway before a serious injury or of Commons—members of the mortality occurs. Commonwealth Parliamentary Association Petitions received. (United Kingdom Branch) delegation to Australia, led by the Right Honourable Tom Clark, MBE, MP. PAPERS Honourable members: Hear, hear! The Clerk informed the House of the tabling of the following documents— ASSENT TO BILLS PAPER TABLED DURING THE RECESS Appropriation (Parliament) Bill The Clerk informed the House that the following paper, received during the recess, Appropriation Bill was tabled on the date indicated— Mr SPEAKER: Honourable members, I 25 August 2000— have to report that on Monday, 4 September Administration of the Foreign Ownership 2000, I presented to His Excellency the of Land Register Act 1988—Annual Report Governor the Appropriation (Parliament) Bill 1999-00 and the Appropriation Bill for royal assent, and that His Excellency was pleased in my STATUTORY INSTRUMENTS presence to ascribe his assent thereto in the The following statutory instruments were tabled name and on behalf of Her Majesty. by The Clerk— Apiaries Act 1982— MR SPEAKER'S RULING Apiaries Amendment Regulation (No. 1) 2000, No. 227 Motion of Dissent Coal Mining Safety and Health Act 1999, Mining Mr SPEAKER: Honourable members, I and Quarrying Safety and Health Act 1999— refer to a decision by the Chair of 11 June Mining Legislation (Postponement) 1999 where I ruled a motion of dissent out of Regulation 2000, No. 226 order. In that instance I warned a member Funeral Benefit Business Act 1982— under Standing Order 124. No ruling was made. After reviewing Hansard for 24 August Funeral Benefit Business Regulation 2000, 2000, and specifically the events that led to No. 220 the Honourable the Leader of the Opposition Government Owned Corporations Act 1993— giving notice of a motion of dissent from my Government Owned Corporations (Ports) ruling, I found that once again I did not make Amendment Regulation (No. 1) 2000, a ruling. I warned the Leader of the Opposition No. 225 under Standing Order 123A for disrupting Government Owned Corporations question time. Therefore, the notice of motion (Queensland Investment Corporation) of dissent from the Speaker's ruling of 24 Amendment Regulation (No. 1) 2000, August is out of order. No. 224 2856 Legislative Assembly 5 Sep 2000

Government Owned Corporations (State Dear Robert Water Projects Corporatisation) Thank you for your letter of 20 July 2000 Amendment Regulation (No. 1) 2000, regarding the petition received by the No. 231 Parliament from Mr Harper on behalf of Land Sales Act 1984— those citizens of Queensland seeking the Land Sales Regulation 2000, No. 221 retention of the Queensland Fuel Subsidy Scheme, which was lodged by Dr David Lotteries Act 1997— Watson MLA, Member for Moggill. Lotteries Amendment Rule (No. 3) 2000, I have attached a copy of my response to No. 230 Mr Harper. I would appreciate it if you Parliamentary Service Act 1988— would arrange for this response to be Parliamentary Service Rule 2000, No. 222 tabled in Parliament on my behalf. Plant Protection Act 1989— Yours sincerely Plant Protection (Banana Pest Quarantine) Peter Beattie MLA Amendment Regulation (No. 1) 2000, PREMIER No. 228 22 Aug 2000 Prostitution Act 1999— Mr Robert Harper Explanatory Notes and Regulatory Impact 32 Bilkurra Street Statement for the Prostitution Regulation MIDDLE PARK QLD 4074 2000, No. 176 Dear Robert Sawmills Licensing Act 1936— I refer to your petition lodged with The Sawmills Licensing Amendment Regulation Clerk of the Parliament on 19 July 2000 by (No. 1) 2000, No. 229 Dr David Watson MLA, Member for Statutory Instruments Act 1992— Moggill, on behalf of those citizens of Statutory Instruments Amendment Queensland seeking the retention of the Regulation (No. 2) 2000, No. 223 Queensland Fuel Subsidy Scheme. MINISTERIAL RESPONSE TO A Since August 1997, the State Government PARLIAMENTARY COMMITTEE REPORT has been paying fuel wholesalers to The following response to a parliamentary ensure that fuel prices in Queensland committee report, received during the recess, remain at least 8.35 cents per litre less was tabled by The Clerk— than interstate prices. This action was necessitated by a High Court decision Joint response from the Minister for which threatened Queensland's "no fuel Communication and Information and tax" status. Minister for Local Government, Planning, Regional and Rural Communities (Mr With several hundred million dollars being Mackenroth), Attorney-General and directed towards the Queensland Fuel Minister for Justice and Minister for The Subsidy Scheme every year, and an influx Arts (Mr Foley) and the Minister for of correspondence from members of the Aboriginal and Torres Strait Islander community expressing dismay over fuel Policy and Minister for Women's Policy pricing, my Government is justifiably and Minister for Fair Trading (Ms Spence) concerned that the Scheme is not to Report No. 23 of the Legal, adequately achieving its objectives. The Constitutional and Administrative Review fuel pricing problem appears particularly Committee entitled Issues of Queensland evident in Queensland's rural regions. electoral reform arising from the 1998 Independent organisations, such as the State election and amendments to the Australian Automobile Association (the Commonwealth Electoral Act 1918 parent body of the Royal Automobile Club MINISTERIAL RESPONSES TO PETITIONS of Queensland), have studied similar subsidy schemes in Northern New South The following responses to petitions, received Wales and South Australia and found that during the recess, were tabled by The Clerk— the subsidy was not being passed onto Response from the Premier (Mr Beattie) to a motorists in those States. petition presented by Dr Watson from 321 petitioners, regarding the Queensland Fuel In addition, representatives from oil Subsidy Scheme— companies and the transport industry have confirmed that a substantial amount of 22 August 2000 subsidised Queensland fuel is being Mr R Doyle transported across the border for the The Clerk of the Parliament benefit of interstate fuel consumers. Every Parliament House litre of fuel that is transported interstate Alice and George Streets represents Queensland taxpayers funds BRISBANE that could otherwise have been spent on 5 Sep 2000 Legislative Assembly 2857

important services to Queenslanders such I have attached a copy of my response to as hospitals, schools and roads. Mr Wallace. It would be appreciated if you This is clearly unacceptable. My would arrange for this response to be Government was justifiably concerned and tabled on my behalf. undertook to ensure that fuel subsidy Yours sincerely payments reach those who are entitled to Peter Beattie MLA it and that it is used for the benefit of Queenslanders. PREMIER As you would be aware, my Government 28 Aug 2000 initially decided to take the subsidy out of Mr Rhys Wallace the hands of the fuel industry and pay it 47 Sheriff Street directly to Queensland motorists through PETRIE TERRACE QLD 4000 a significant cut in car registration fees. Dear Rhys However many Queenslanders did not accept this alternative and we accepted I refer to your petition lodged with The that judgment by abandoning the fuel Clerk of the Parliament on 18 July 2000 by subsidy through reduced motor vehicle Dr David Watson MLA, Member for registration costs scheme. Moggill, on behalf of those citizens of Queensland opposed to the expansion of Nevertheless, our goal remains Suncorp-Metway Stadium. unchanged, which is to ensure that every cent of the fuel subsidy goes directly into As you are aware, investigations into the the pockets of Queensland fuel future of Suncorp-Metway Stadium consumers. included the preparation of an independent Environmental Impact To this end, a Fuel Taskforce with broad Statement (EIS) for the redevelopment. industry representation has been formed After extensive research and consultation, to examine ways in which the Queensland the EIS addresses the impacts of the Fuel Subsidy Scheme can be redesigned development on both the local community to address those problems I identified and the region generally. above. I am advised that the Fuel In considering the Suncorp-Metway Taskforce's deliberations are currently Stadium proposal, my Government being progressed. considered both the impacts on the The benefit to Queensland retail immediate area and the broader interests consumers from revised subsidy of the State. To this end, the conclusions arrangements will be a full 8.35 cent per made in the independent EIS and other litre retail/on-road subsidy, which will exist studies have been endorsed and the only in Queensland. This subsidy is decision to redevelop the Stadium was sustainable from both a financial and announced on 24 July 2000. policy perspective. The redevelopment will be carefully I trust that this information assists in managed to minimise its impacts on the clarifying the concerns of you and your community. My Government is committed petitioners. to the construction and operation Yours sincerely mitigation measures prescribed in the EIS, including commencing work on preliminary Peter Beattie MLA mitigation measures such as the Response from the Premier (Mr Beattie) to a establishment of a Community Advisory petition presented by Dr Watson from 1,216 Group. Both the work of this Group and petitioners, regarding the proposed expansion the development of further detailed design of Suncorp-Metway Stadium— studies will ensure community issues are addressed during the decision making 28 Aug 2000 process. Mr R Doyle I encourage you to continue to participate The Clerk of the Parliament in the community consultation process to Parliament House ensure appropriate construction mitigation Alice and George Streets measures are adopted and to maximise the BRISBANE QLD 4000 benefits of the development to the Dear Robert community. Thank you for your letter of 19 July 2000 I trust that this information assists in regarding the petition received by the alleviating yours and your petitioners' Parliament from Mr Wallace on behalf of concerns. those citizens of Queensland opposed to Yours sincerely the proposed expansion of Suncorp- Metway Stadium, which was lodged by Dr Peter Beattie MLA David Watson MLA, Member for Moggill. PREMIER 2858 Ministerial Statement 5 Sep 2000

Response from the Minister for Environment 2000 and it is my Department's intention to and Heritage and Minister for Natural Resources have its report available for that meeting. (Mr Welford) to a petition presented by Mr I trust this information clarifies the Reeves from 2,178 petitioners, regarding State situation. Should you have any further Government owned land located at 305 Mt inquiries, please contact Mr Neville Gravatt-Capalaba Road— Maroske in the Property Services area of 28 Aug 2000 my Department of Natural Resources on Mr R D Doyle telephone 3227 8153. The Clerk of the Parliament Yours sincerely Parliament House ROD WELFORD MLA Alice and George Streets BRISBANE Q 4000 MINISTERIAL PAPERS TABLED BY THE CLERK Dear Mr Doyle The Clerk tabled the following ministerial Thank you for your letter of 20 July 2000 papers received during the recess— concerning a Petition that was received on 19 July 2000 in the Legislative Assembly Minister for Environment and Heritage and concerning the transfer of State Minister for Natural Resources (Mr Welford)— Government owned land located at 305 Mt Regulation Impact Statement for the Draft Gravatt-Capalaba Road, Wishart from the National Packaging Covenant Department of Education to the Impact Statement for the draft National Department of Natural Resources. Environment Protection Measure for Used This land is currently owned by the Packaging Materials Department of Education. In October 1999, this land was referred to my Minister for Primary Industries and Rural Department of Natural Resources (DNR) Communities (Mr Palaszczuk)— for re-allocation after the Department of Approval pursuant to section 137A of the Education declared it surplus to their Meat Industry Act 1993, dated 24 August operational requirements. 2000. Re-allocation of this site is carried out under the guidelines of the Government Land Management System. As such, DNR MINISTERIAL STATEMENT prepared a Land Use Evaluation report and Native Title engaged an independent consultant to prepare an Ecological Assessment report. Hon. P. D. BEATTIE (Brisbane Central— In addition, independent consultants were ALP) (Premier) (9.36 a.m.), by leave: I engaged to conduct community welcome our colleagues from the British House consultation, which commenced in July of Commons. They will see the Westminster this year. system in all its modified form and glory here The Member for Mansfield, Phil Reeves, today. We are delighted to see them here. has been actively representing the views Finally, almost two years after introducing of his constituents in this matter to ensure legislation to this House on alternative State a comprehensive consultation process provisions for native title, the Federal was undertaken. As part of the community Parliament has determined its position on consultation process, there have been meetings with Mr Reeves and Brisbane those provisions. Seven out of the 13 City Council, letterbox drops to adjoining submissions put forward by Queensland have owners, public meetings with community been approved. That it has taken so long is an groups and advertisements in local indictment of the poor concept and design of newspapers. John Howard's approach on native title. The To the credit of Mr Reeves in working Prime Minister did not have the courage to towards a positive outcome for the establish a workable framework for the community, the consultants have received Commonwealth right-to-negotiate regime. His many hundreds of submissions from local model does not work. He flick-passed the issue residents and interested parties. These to the States, telling them to develop their own submissions will be evaluated and schemes. summarised at the completion of the community consultation process. Queensland did exactly that and is now the only State or Territory in Australia that has Once consultation is completed, DNR will successfully developed its own State-based prepare a report to the Property Management Committee (PMC) of regime under the amended Native Title Act. Government, which is the final arbiter on For the first time anywhere in the nation, the future land use. The next meeting of Queensland will have a scheme to fast-track the PMC is scheduled for 6 September low-impact exploration. 5 Sep 2000 Ministerial Statement 2859

The Queensland Land and Resources is fully implemented. I thank both Michael and Tribunal will have jurisdiction for all native title Terry for their constructive response to my call approval processes as part of an integrated last week to work together on this issue, and I system for dealing with mining approvals. The look forward to working with them. I wrote to tribunal will deal with these matters, as well as them and have spoken to both of them. consider the environmental and general Now that I have delivered a State-based mining tenement issues for each mining or regime, with a means to fast-track low-impact exploration project. In time, cultural heritage exploration, Queensland has the basic tools issues may also be considered through this needed to get mining and exploration moving integrated process. again in this State. My Government has For low-impact exploration activity, native delivered. More work can be done to finetune title parties will have a right to be consulted these processes, but Queensland now has the and a right to agree to the terms of access to basic foundation upon which we can build a land in which they have a native title interest. workable native title regime. The Queensland Low-impact exploration means surveying and regime will work, and I urge all parties to work other field work which does not involve clearing with the Government to ensure it does. land but does involve some drilling. For high- Indeed, I call on all Queenslanders to pull impact exploration and mining the Land and together and make this new native title system Resources Tribunal will administer a right to work in all our interests. negotiate based on the principles of the In order to achieve comprehensive Federal Native Title Act. coverage of the new State-based regime, The Queensland right to negotiate will some minor amendments to the existing have clearer guidelines and better time frames legislation will be required. I have also to reach decisions. This means that miners undertaken in a letter to Kim Beazley to and native title parties must negotiate in good equalise the low-impact exploration regime faith to reach agreement about the grant of with the scheme recently agreed between all the mining tenement and its impact on the parties in New South Wales. I table a copy of local indigenous community. Native title parties the letter that I wrote to Kim Beazley, and I can negotiate indigenous land use seek for it to be incorporated in Hansard agreements with miners to establish more because of its importance to this debate. streamlined procedures which would then act Leave granted. in place of the legislative standards. The 30 Aug 2000 Queensland Government and indigenous representatives are currently developing a The Hon Kim Beazley MP template agreement covering all types of Leader of the Opposition Parliament House exploration activity that can be used for this CANBERRA ACT 2600 purpose. That will obviously involve discussions with the mining industry. Dear Kim, No doubt there will be those who think The Senate will today consider a motion to they have a better answer to resolve native disallow the instruments needed to establish a State based Native Title regime for title. I say to them: enough is enough! This Queensland. debate has been dragging on for almost four years since the Wik decision in 1996, and, In the interests of an acceptable outcome in the Senate today, I wish to make the following indeed, before that, back to 1993. Those unconditional undertakings. In the event of the opposite had two years four months and one Queensland Low Impact Exploration Scheme week to deliver an answer, but came up with being approved in the Senate, the Queensland nothing except a one-point plan to bury their Government will before the end of this year, head in the sand. I believe most amend that Scheme to provide substantive and Queenslanders are sick of the endless political procedural rights and acceptable definitions of debate about native title procedures. They the nature of low impact exploration that are no want to focus on delivering outcomes that less favourable to indigenous interests than benefit our disadvantaged indigenous those in the New South Wales scheme recently communities and assist the development of endorsed by the Federal Attorney General. I further undertake that a Beattie Labor this State through the mining industry and Government will never derogate those other developments. improved statutory provisions. I was pleased to note this morning that Thirdly, I intend to pursue the negotiation and both Terry O'Shane and Michael Pinnock have implementation of ILUA's to deal with both the indicated that their respective organisations backlog of applications and future applications are prepared to support the final outcome if it for exploration permits in Queensland and my 2860 Ministerial Statement 5 Sep 2000

Government will meet the necessary resourcing Mr BEATTIE:—and today I am pleased to implications of achieving that outcome. inform honourable members that the Yours sincerely Commonwealth has indeed followed the (sgd) P Beattie Queensland Government's lead. I know that those opposite normally would support the PETER BEATTIE sugar industry, so they should support the Premier Federal package and the State package. The Federal package announced last week will Mr BEATTIE: I will explain the detail of complement Queensland's $10m Sugar Assist those changes in the second-reading speech Program. I am delighted that we led on this later today. I am keen to bring these changes issue, as we do on all other issues. The to effect as quickly as possible. Commonwealth's $83m package is made up These are the reasons why we need to of money from existing programs such as move quickly on this. The scheme cannot Farmbis and Advancing Australia. It does operate until we first proclaim the Queensland appear, however, that this package closely legislation and the Federal Attorney-General resembles the Exceptional Circumstances then gazettes his determinations. So we need support that the sugar industry asked for early to move first, which is why I am introducing the last year. legislation today. To that end, later today I will Honourable members may recall that the introduce a Bill to this House amending certain Commonwealth finally rejected the industry's aspects of the native title legislation to make it approach just before Christmas 1999. But I do consistent with the Senate outcome. We need acknowledge the Federal Government's to pass this Bill this week, otherwise initiative to provide Sugar Assist loans through proclamation will be delayed by a further commercial lenders that will compare very month and the mining industry will be forced to favourably with commercial loans, even with wait even longer for a State-based scheme to interest rate subsidies. I point out that the become operational. I do not believe we State loans are offered at a lower interest rate should wait any longer at all, and certainly not over a longer period, and there will be no need one month. Accordingly, we have extended to go to a commercial lender. The State loans the sittings this week to include an extra day of are now available, and application forms can sitting on Friday to consider the amending be obtained from local Canegrowers' offices, legislation I have described above. QRAA offices and Queensland Government The Government's approach is to get on Agent Program offices. with the job. There have already been too Our scheme is only one of a number of many delays, as I indicated. The native title Queensland Government initiatives for the issues have been well canvassed, so Friday's sugar industry. The other initiatives include: debate will not disadvantage anyone. transferring the State's single desk to an Yesterday, I rang and advised the Leader of industry owned company; returning ownership the Opposition of our intentions to move of the $350m bulk sugar terminals to growers quickly with the legislation. We finally have a and millers; investing $3.8m in sugar research Queensland-based regime that will work. through the Bureau of Sugar Experiment Stations; and additional programs to address MINISTERIAL STATEMENT sugar yield and commercial cane sugar decline. Sugar Industry Mr Speaker, there is one area of Hon. P. D. BEATTIE (Brisbane difference between the Queensland Central—ALP) (Premier) (9.42 a.m.), by leave: Government and the Federal Government in The sugar industry is central to the continued relation to the sugar industry and, as you economic health of much of Queensland, gather, we are keen to work with the particularly regional cities and towns in the Commonwealth to ensure the future of this coastal strip from Cairns to Nambour. That is great industry. The Commonwealth is why my Government moved last month to demanding a comprehensive industry-wide provide targeted real financial assistance to restructuring in less than two years but is growers who have been afflicted by low world excluding vital sections of the industry from the market prices, diseases, pests and low consultation process. The Federal Government commercial sugar yields in many regions. has asked the Canegrowers organisation to My Government challenged the Federal develop the proposals for restructuring, and Government to match us— that is fair enough, except that it is excluding mills, mill workers, harvesters and the wider Opposition members: Oh! industry. 5 Sep 2000 Ministerial Statement 2861

My Government believes that all parts of the RAAF F111 fleet. These contracts are the industry should be consulted on any worth more than $500m, and the decision will restructuring. Consulting one group, important lead to Boeing establishing its first aerospace as it may be, is not consultation. In the spirit of support centre outside of the United States at cooperation, I therefore urge the Amberley to service not only defence aircraft Commonwealth to utilise an existing industry- but also commercial aircraft. wide representative body, the Sugar Industry The benefits of these particular contracts Development Advisory Council, SIDAC. As will open the way for enormous flow-on honourable members would be aware, my benefits to Queensland contractors and Government established SIDAC in 1998 to suppliers in defence industry manufacturing consider issues vital to the industry. SIDAC is and servicing sectors. Virgin Blue, which therefore the most appropriate and widest recently began operations, is running ahead of representative forum for issues of restructuring its businesses plan in terms of job creation, to be canvassed. I urge the Commonwealth to with more than 250 jobs already in existence. take up this option for the good of the sugar Now Qantas has picked Brisbane over every industry. We will work with the Commonwealth other State capital to build its new meal to ensure that this industry has the future that production plant. Apart from the direct we all want it to have. employment benefits from the Qantas deal, it was projected that the facility would provide MINISTERIAL STATEMENT million of dollars in flow-on benefits a year in raw material and packaging. Qantas Meal Production Facility The Snap Fresh plant will expand the Hon. J. P. ELDER (Capalaba—ALP) already significant Qantas operations in (Deputy Premier and Minister for State Queensland, where the airline was founded Development and Minister for Trade) nearly 80 years ago. Qantas has said that (9.46 a.m.), by leave: The Beattie Government negotiations will commence shortly for a last week announced yet another coup for suitable site and construction is planned to Queensland after Qantas declared that it will begin in December. The plant is expected to build a multimillion-dollar centralised meal plant begin operating late next year, offering in south-east Queensland. This facility, which employment for up to 130 staff in the first year, will initially employ up to 130 staff in its first increasing to 230 at full capacity. year, will be the central meal production facility for the airline in Australia. Once again The attraction of Qantas is an important Queensland has secured this significant deal step which will not only open the way for direct despite tough competition from other jobs in the meal centre but will also provide Australian States. substantial flow-on benefits to our primary producers and service providers. The wholly owned Qantas subsidiary Snap Fresh will have the initial capacity to produce 20 million meals a year for the airline MINISTERIAL STATEMENT and non-aviation markets. The plant will use Venture Capital Opportunities thermal processing technology and meals will be distributed by refrigerated road transport to Hon. J. P. ELDER (Capalaba—ALP) catering centres in Perth, Adelaide, (Deputy Premier and Minister for State Melbourne, Sydney, Brisbane and Cairns. This Development and Minister for Trade) is a significant addition to the aviation strategy (9.49 a.m.), by leave: The Beattie Government being developed by the Department of State has invested enormously—both in dollar terms Development. The Beattie Government is and in time—to build Queensland as the building up a core of aviation industry for the Smart State, investing heavily in biotechnology State to take advantage of increased volumes and information technology especially. I am of business that have occurred in this industry pleased to announce today that the segment in recent times. This is evidenced by environment we have created for growing the capture of Richard Branson's Virgin Blue to these new economy industries—and the base its Australian operations in Queensland hundreds of millions of dollars this Government and the close partnership the Government has has committed to biotechnology and IT&T—is with Boeing, which has expanded its returning significant dividends. operations and workforce. Later today Australia's first university- Only recently Boeing was named as the based venture capital fund—UniSeed—will be preferred tenderer for the maintenance, announced jointly by our own Queensland upgrade and weapons systems contracts for University and the University of Melbourne. 2862 Ministerial Statement 5 Sep 2000

These universities will initially invest $20m to within the legal profession and this can be the help bring their promising new technologies stepping stone to a legal career. and projects to commercialisation. This is a Over the past two years I have had milestone in Queensland's ability to advance discussions with the Chief Justice of the our innovation ideas and compete on a global Supreme Court, the Honourable Justice de basis. What this Australian first—I repeat: Jersey, and the former and current Chief Australian first—means for Queensland is a Judges of the District Court, Judges Shanahan major opportunity to bridge the gap between and Wolfe, with a view to putting in place just researching an idea, and developing it to appropriate guidelines for the appointment of its full commercial potential as a product for judges' associates. I commend the Chief the consumer. Justice and the former and current Chief UniSeed will be looking to invest in Judges for their support for reform in this area. promising world-class ideas in IT&T, the It is no longer acceptable in this day and age Internet, multi-media, biotech, health sciences, for these jobs to be the exclusive province of medical instruments and equipment, judges' families. electronics, new materials, agriculture and In February last year the Supreme Court other opportunities it will avail itself of. There judges adopted a protocol for the appointment has been a rapid growth in this State's ability of associates. In June this year the protocol to attract private venture capital in just two was amended to ensure that in selecting a years under the Beattie Government. They are person for an appointment as an associate driven by Queensland's ability to attract new effect is given to the general principles economy industries from overseas and governing public employment such as interstate—and provide the environment to appointment on merit, equal opportunity and nurture and grow them—and our own home- the avoidance of nepotism. The District Court grown companies, which are growing rapidly. judges have also adopted a protocol for the We are now looking at the first university- appointment of associates which ensures that based venture capital that will bring significant effect is given to those same principles. benefits to the Government's $100m Young people studying law should be investment in the Institute of Molecular entitled to aspire to the position of judge's Bioscience at the University of Queensland. associate, whether they are from Kenmore or This is a unique opportunity for our research Kingston, Clayfield or Kowanyama. These and academic communities to work hand-in- positions are not the private property of hand with the investment communities. We judges; they are public sector positions paid for look forward to the results this new Australian by the taxpayer. This action is an important first venture capital opportunity will bring to all step in ensuring the courts are open and Queenslanders. accessible to the community and that the composition of the courts is more reflective of MINISTERIAL STATEMENT the make-up of society. Judges' Associates I table the above-mentioned protocols and I congratulate the courts for their action on Hon. M. J. FOLEY (Yeronga—ALP) this matter. (Attorney-General and Minister for Justice and Minister for The Arts) (9.51 a.m.), by leave: I wish to inform the House of action taken to MINISTERIAL STATEMENT end nepotism in the appointment of judges' Police Powers and Responsibilities Act associates and to ensure that principles of merit and equal opportunity apply to such Hon. T. A. BARTON (Waterford—ALP) appointments. Historically, it was an accepted (Minister for Police and Corrective Services) practice for judges to appoint their children as (9.54 a.m.), by leave: I wish to put the record associates, thus precluding the opportunity for straight today in relation to false claims by the unrelated citizens to obtain what many Queensland Law Society about the Police consider to be quite prestigious and career- Powers and Responsibilities Act 2000. The enhancing positions. There are 59 associate claims made by the Queensland Law Society positions in this State—not an insignificant are so far off the mark they are just bizarre. number of jobs. Appointment to such a Yesterday on the radio we had Sean Reidy, position affords associates the opportunity to the chairman of the Law Society's Criminal gain valuable court experience. It also enables Law Committee, likening Queensland's Police them to network and establish themselves Powers and Responsibilities Act 2000 to— 5 Sep 2000 Ministerial Statement 2863

"... the situations in these South American Assisting the Deputy Premier on Regional dictatorships where people are arrested Development) (9.57 a.m.), by leave: The for political dissent and held in custody for south-east of the State, in particular the days on end without access by lawyers or Brisbane area, has been subjected to power independent representatives." outages in recent days caused by strong winds That is utter and total rubbish. The basis and bushfires. Yesterday at 1.10 p.m. a fire in for Mr Reidy's claims appears to centre around the Karawatha State Forest, near Stretton, a provision of the Police Powers and caused two of Powerlink's major high voltage Responsibilities Act 2000 which requires police transmission lines to trip. This cut off the main to inform people about to be questioned about power supply to substations which feed an indictable offence of their right to telephone electricity to Brisbane's south and east. The or speak to a friend or relative or lawyer. Mr total loss of supply caused when the high Reidy appears to have made an issue of the voltage lines tripped out resulted in a fact that the same requirement is not spelled simultaneous loss of supply to Energex bulk out in relation to people to be questioned supply substations, and the resulting outages about simple or non-indictable offences. also affected parts of the central business district in the city. It seems to have grown from that into an allegation that these people will be denied Powerlink crews were immediately on the access to a lawyer. This is just plainly wrong. job and had their high voltage systems The aim of that section is to highlight the fact restored within 20 minutes. Energex then had the rights of people being questioned about to progressively restore electricity to its indictable offences are being safeguarded. customers, which was achieved in full by about People who are to be questioned in relation to 2.45 p.m. Some damage to the Energex simple offences still have the right to consult network also occurred last Saturday, caused with their legal advisers if they wish. If they by bushfires and by strong winds. Seven request access to a legal adviser, the police power poles had to be replaced by Energex will make all suitable arrangements. due to damage caused by the bushfires and significant damage was also caused by the There are a few points that need to be very strong winds—in excess of 50 stressed here. Firstly, no-one is denying knots—which blew trees and branches on to access to legal advice to people to be wires. At the height of the severe weather, questioned about non-indictable offences. Energex had 58 field crews on the job—trying Secondly, the provision Mr Reidy objects to is to fix problems and restore power in different not new. It was contained in the Police Powers areas. and Responsibilities Act 1997. Thirdly, the Queensland Law Society has not contacted Nobody is happy when they lose their my office about its concern about a provision electricity, but the conditions affecting the which has been in legislation for almost three power supply around Brisbane in recent days years, instead making these allegations have been particularly bad. I can assure all through the media. members, and all Queenslanders, that the electricity corporations are pulling out all stops The legal profession was consulted to keep the power on—or to fix any problems closely in relation to the Police Powers and as quickly as possible. Responsibilities Act 2000 with the Police Powers Reference Group including the Public I am sure all reasonable Queenslanders, Defender, the Queensland Council for Civil with the exception of those opposite, would Liberties, the Public Interest Monitor and the understand that field crews are out there Aboriginal and Torres Strait Islander Legal Aid working in often difficult conditions to make Corporation. sure that this happens. Finally, I feel that I must put on the record my disappointment that the Queensland Law MINISTERIAL STATEMENT Society has chosen to indulge in such emotive Science and SOSE Syllabuses arguments when they are based on a gross distortion of the legislation. Hon. D. M. WELLS (Murrumba—ALP) (Minister for Education) (9.59 a.m.), by leave: I table the Queensland Years 1-10 science MINISTERIAL STATEMENT syllabus. It evolved through comprehensive Electricity Supply curriculum development processes involving experts from schools, universities and Catholic Hon. T. McGRADY (Mount Isa—ALP) and non-Government systems. However, (Minister for Mines and Energy and Minister Education Queensland does not rely upon the 2864 Ministerial Statement 5 Sep 2000 syllabus alone. We developed an the most extensive consultation ever implementation plan for State schools as undertaken for a Queensland syllabus required under the Act. These supporting document. This is why we have heard little documents should also be noted: the initial in- criticism from Queensland educators. However, service materials, the source book and current as part of the implementation process in State modules, and materials specifically produced schools, criticisms raised by individuals will be for use by our State schools to ensure that addressed by my director-general. maximum benefit is gained from the syllabus. In developing the implementation plan for These include quite explicit lists of content this syllabus, the director-general will establish expectations to assist schools. This is the a panel of educators to advise him on how normal process for curriculum development best to implement SOSE in State schools. He and implementation under the Act. will follow a similar implementation process to There has been some media interest in the one that my previous director-general used the new study of society and environment with respect to the science syllabus. syllabus. This critique is going on ahead of the The SOSE syllabus represents for the first implementation plan, that is, before the time in 20 years a guarantee that all students documents that will compose the course up to Year 10 will study history, geography and materials are complete. That is after this civics. It will make certain that the curriculum equivalent, but well before all of this. has particular relevance for today's students The genesis of SOSE was the Hobart and tomorrow's Australia. declaration of April 1989 in which Commonwealth and State Education Ministers adopted the agreed national goals for MINISTERIAL STATEMENT schooling, including the eight key learning Child Protection Week areas, one of which was studies of society and environment. Hon. A. M. BLIGH (South Brisbane—ALP) (Minister for Families, Youth and Community Mr Quinn interjected. Care and Minister for Disability Services) Mr WELLS: I said 1989. It is within this (10.03 a.m.), by leave: This week all national framework that the current SOSE Queenslanders are being asked to reflect on syllabus in Queensland has been developed. the issue of child abuse and its effects on the Professor Ken Wiltshire refers to it repeatedly lives of children, their families and the whole in his 1994 report on curriculum, Shaping the community. In the last financial year, more Future. He recommended that the eight key than 18,500 notifications of suspected child learning areas, including SOSE, should be the abuse were made to the Families Department. framework for the core curriculum in Years 1-8. I am sure that everybody would agree that that is simply 18,500 too many. Indeed, all There is nothing new or novel about members would agree that one is too many. studies of society and environment. It is not something that this Government has invented Those notifications included almost 8,000 since coming to office. If there is criticism of of neglect, more than 5,000 of physical abuse, SOSE and the Curriculum Council that has more than 3,000 of emotional abuse and produced it, I remind the honourable member more than 1,800 notifications of sexual abuse. for Merrimac that it was his decision in 1996 to Those notifications were made by concerned establish an independent and autonomous friends, relatives, teachers, doctors and statutory authority and it was his decision to neighbours of Queensland children. populate it with nominees of the major Protecting children is everybody's stakeholders—the teachers, the parents, the business. Child Protection Week is a key event systemic authorities and the universities. in the calendar of community awareness Although the former Minister now seeks to activities. It helps to break the silence that has disown the syllabus' conception, I remind him too often surrounded child abuse in all its that he signed off on the P-12 curriculum forms. This year's theme is Family—Australia's strategic plan in November 1997 that included Most Important Team, and the Beattie the work plan for the development of SOSE. Government supports this theme. As a result, I do not mention these things to be critical this week I have announced $4.6m in new of my predecessor but simply to remind the recurrent funding to 51 organisations across House that this syllabus has a long history that the State to provide early intervention, family has enjoyed the support of Governments from support and parent support programs. both sides of the House. The work that has The Forde inquiry showed that we need to gone into developing the syllabus has involved do more to help families to protect their own 5 Sep 2000 Ministerial Statement 2865 children by lending families at risk a hand and MINISTERIAL STATEMENT prevent a crisis which can lead to abuse. Black Gold: The Aboriginal and Islander These new early intervention programs that I Sports Hall of Fame have announced are part of that response. We want to help keep families together Hon. J. C. SPENCE (Mount Gravatt— wherever possible, we want to help prevent ALP) (Minister for Aboriginal and Torres Strait families from breaking down and their children Islander Policy and Minister for Women's coming into care and we want to support Policy and Minister for Fair Trading) families in caring for their own children. These (10.07 a.m.), by leave: When the Sydney new services are part of the Beattie Olympics begin in 10 days' time, the Australian Government's commitment to putting families squad will be distinguished by at least 10 first. indigenous competitors—three of them hailing from Queensland. As we marvel at the The funding for better services has gone achievements of athletes such as Cathy to communities from Charleville to Mossman, Freeman, Nova Peris-Kneebone and Patrick including a new home visiting scheme for Johnson, it is worth recalling that indigenous families at risk in the Mackay area; a family athletes have cleared the hurdles of support centre in the Bowen Shire; an discrimination and disadvantage. outreach service to vulnerable families in the Tara, Chinchilla and Murilla Shires; a new On Sunday I had the pleasure of intensive family support service on the launching a book that clearly illustrates how Sunshine Coast; new and expanded family the lives of Aboriginal and Torres Strait support services for the tablelands and the Islander sporting achievements reflect the wider Cairns region; and the list goes on. history of their peoples' treatment by Governments and society. The book, Black The Forde inquiry and the Aboriginal and Gold: The Aboriginal and Islander Sports Hall Torres Strait Islander Women's Task Force on of Fame, by Colin and Paul Tatz, celebrates Family Violence highlighted the continuing the achievements of indigenous and also tragedy of violence in indigenous families. South Sea Islander sports people. It reminds Indigenous children are six times more likely to readers that these triumphs are all the more be on child protection orders than non- remarkable, because they occurred in spite of indigenous children. I am therefore pleased to discrimination, exclusion and "gross inequality announce that 25% of these new funds are of chance, choice and facilities". being provided to assist indigenous families. These valuable services are a result of the Even today, there is denial of opportunity. Beattie Government's record commitment to To quote from the book— increase spending on children and families by "Aborigines and Islanders rarely get $40m over four years, and we have already onto squash courts or Group 1 golf delivered $25m in the past two Budgets. courses or into ski lodges. They never The reform process has taken hang-glide, play polo, ride bikes for Queensland to a leading position in the Yamaha or drive cars for Ferrari." national child protection arena. Queensland Black Gold features the stories of 172 will be given the opportunity to showcase its individuals, 50 of whom are Queenslanders. At achievements to the world when we host the the Sunday launch I was privileged to meet 15th International Congress on Child Abuse. some of these legendary figures and share a Last week in Durban, the International Society lectern with co-author Colin Tatz. Professor for the Prevention of Child Abuse and Neglect Tatz, a renowned campaigner for indigenous chose Queensland to host the international rights, recounted how his quest for justice in conference in 2004. The convention will attract Queensland caused State Governments of a up to 1,500 delegates from around the world few decades ago to brand him persona non and presents an exciting opportunity for grata. He commented that he never thought Queensland to seat itself at the international he would see the day when he shared a table as a leader in this field. platform with a Queensland Minister for I conclude by paying tribute to the Aboriginal Affairs. professionalism and commitment of our front- It was no less of an honour for me to line staff, both in the department and in the meet with a number of people featured in the non-Government sector, and thank them for book. They were Jeff Dynevor, a 1962 their efforts during the past two years of record Commonwealth Games boxing gold medallist, funding, rebuilding and reform. It is often who made the journey from Cherbourg to be heartbreaking and thankless work and they part of the occasion, and Darby McCarthy, a deserve our praise. jockey who had a celebrated career in 2866 Sitting Hours; Order of Business; Additional Sitting Day 5 Sep 2000

Australia and overseas. McCarthy, whose SITTING HOURS; ORDER OF BUSINESS; triumphs included winning the AJC Derby and ADDITIONAL SITTING DAY the AJC Epsom in successive races in 1969, travelled from Melbourne to be with us on Sessional Order Sunday. I met Lionel Morgan, a Rugby Hon. T. M. MACKENROTH (Chatsworth— League winger who was the first Aboriginal ALP) (Leader of the House) (10.12 a.m.), by man to play for Australia. His son Bradley leave, without notice: I move— accompanied Lionel, and I mention Brad because he played more than 100 first division "(a) That notwithstanding anything games for the Wynnum-Manly football club. I contained in the Standing and also met Gina Archer, who represented Sessional Orders, for Thursday 7 Queensland in hockey in the 1970s, including September 2000, the House can a stint as captain. continue to meet past 7.30pm. Elders from the Cherbourg and Private Members' motions will be Stradbroke Island communities trekked to debated between 6 and 7pm. Brisbane for the event. Among them were The House can then break for dinner relatives of Rugby League legend Frank and resume its sitting at 8.30pm. "Bigshot" Fisher. Fisher was Cathy Freeman's grandfather—and his story gives us cause to Government Business will take remember how recently all aspects of precedence for the remainder of the indigenous people's lives were subject to day's sitting; and Government control. In the 1930s Fisher played so well against a touring British side (b) that pursuant to Standing Order No. that the captain, Gus Risman, invited him to 26, the House can meet for the play in England. The Queensland Government dispatch of business, in addition to of the day had other ideas and denied him the days agreed to pursuant to the permission to apply for a passport. How Sessional Order of 30 July 1998, at different things would have been for his 9.30am on Friday, 8 September famous grand-daughter had she been born 2000 on which day the routine of just a few decades earlier. business shall be as follows— Black Gold is packed with similar stories of 9.30 am to 10.30 am— athletes challenged by prejudice and Prayers disadvantage. It is also rich with stories of triumph against the odds. As two-time Messages from the Governor Wimbledon champion Evonne Goolagong- Matters of Privilege Cawley said in a message delivered at the launch— Speakers Statements "The range of sports that indigenous Motions of Condolence Australians have excelled in continues to surprise and delight me, so I know that in Petitions the wider Australian community this fact Notification and tabling of papers will still be a complete revelation." by The Clerk The Department of Aboriginal and Torres Ministerial Papers Strait Islander Policy and Development has sponsored the publication of 500 special Ministerial Statements Queensland editions of Black Gold. The book has the power to inspire, and we will ensure Ministerial Notices of Motion that it is available in schools with significant Any other Government Business indigenous populations, in indigenous communities and in prisons. Personal Explanations Events such as this book launch remind Reports me of the personal fulfilment I take from my Question Time responsibilities as Minister for Aboriginal and Torres Strait Islander Policy in Queensland. 10.30 am to Adjournment of the Mixing with people of the calibre of those House— attending the launch of Black Gold only serves to reinforce the immense satisfaction that Government Business. comes with the job. Motion agreed to. 5 Sep 2000 Health Practitioners Registration Bills 2867

CHIROPRACTORS REGISTRATION BILL (e) the consideration of the Bills together DENTAL PRACTITIONERS REGISTRATION in Committee of the Whole House; BILL (f) one question being put for the DENTAL TECHNICIANS AND DENTAL Committee's report stage; and PROSTHETISTS REGISTRATION BILL (g) one question being put for the third readings and titles." HEALTH PRACTITIONERS LEGISLATION AMENDMENT BILL Hon. D. J. HAMILL (Ipswich—ALP) (Treasurer) (10.14 a.m.): I second the motion MEDICAL PRACTITIONERS REGISTRATION of the Leader of the House. BILL Mr BEANLAND (Indooroopilly—LP) MEDICAL RADIATION TECHNOLOGISTS (10.14 a.m.): As you know, Mr Speaker, we REGISTRATION BILL have had cognate debates in the past OCCUPATIONAL THERAPISTS involving one or two Bills. In this case, the REGISTRATION BILL Leader of the House has moved that 14 Bills OPTOMETRISTS REGISTRATION BILL be treated in this manner. Although in the past there have not been great concerns when two OSTEOPATHS REGISTRATION BILL or three Bills have been debated together, in PHARMACISTS REGISTRATION BILL this case we are dealing with 14 Bills, some of which may be contentious. By that, I mean PHYSIOTHERAPISTS REGISTRATION BILL that some of the matters they cover are issues PODIATRISTS REGISTRATION BILL which the Opposition may support; others are PSYCHOLOGISTS REGISTRATION BILL issues which the Opposition may wish to vote against. I am talking about the second and SPEECH PATHOLOGISTS REGISTRATION third readings of the Bills. BILL My understanding is that the shadow Cognate Debate Minister was not appraised of this matter until Hon. T. M. MACKENROTH (Chatsworth— a few minutes ago and had not had an ALP) (Leader of the House) (10.13 a.m.), by opportunity to go through the legislation. leave, without notice: I move— Therefore, the Opposition is not aware of the contents of these Bills. They certainly cover, as "That so much of the Standing and the Leader of the House indicated, a wide Sessional Orders be suspended to enable range of issues, and no doubt much of it is the Chiropractors Registration Bill, the fairly straightforward. However, at the end of Dental Practitioners Registration Bill, the the day I am sure that there will also be issues Dental Technicians and Dental that are not straightforward, that are Prosthetists Registration Bill, the Health contentious and that honourable members will Practitioners Legislation Amendment Bill, want to deal with separately. Of course, the the Medical Practitioners Registration Bill, clauses will be voted on and treated the Medical Radiation Technologists separately. I am really talking about the Registration Bill, the Occupational second and third readings of these Bills. It is Therapists Registration Bill, the only fair and appropriate that the Opposition, Optometrists Registration Bill, the Independent members and others in the Osteopaths Registration Bill, the Chamber who might want to vote separately Pharmacists Registration Bill, the on the second and third readings have the Physiotherapists Registration Bill, the opportunity to do so. That is only reasonable. Podiatrists Registration Bill, the Psychologists Registration Bill and the It is extraordinary to have 14 Bills in a Speech Pathologists Registration Bill to cognate debate. I cannot recollect 14 Bills ever be introduced and passed as cognate being treated in this fashion. I doubt very Bills for all of their stages— much that in the history of this House 14 Bills have ever been taken as cognate Bills. I am (a) one question being put "That leave sure they have not. The Opposition will oppose be granted to bring in the Bills"; the motion moved by the Government (b) one question being put in regard to because I think it is unreasonable in the the first readings; circumstances. It may have been a different situation had the shadow Minister been given (c) one question being put in regard to the opportunity over recent days to be the printing of the Bills; apprised of the contents of the Bills so that the (d) one question being put in regard to Opposition was aware of whether or not the second readings; generally it supported them. However, that did 2868 Members' Ethics and Parliamentary Privileges Committee 5 Sep 2000 not happen at all. At this stage, we do not PUBLIC WORKS COMMITTEE know what our position will be with regard to Reports the second and third readings. The Opposition will oppose the motion. Mr ROBERTS (Nudgee—ALP) (10.23 a.m.): I lay upon the table of the House Question—That Mr Mackenroth's motion the Public Works Committee 1999-2000 be agreed to—put; and the House divided— annual report and Report No. 70, the third AYES, 44—Attwood, Barton, Beattie, Bligh, Boyle, interim report on the Princess Alexandra Braddy, Briskey, Clark, E. Cunningham, Hospital redevelopment. The committee is J. Cunningham, Edmond, Elder, Fenlon, Foley, Fouras, Hamill, Hayward, Kaiser, Lavarch, Lucas, satisfied with the progress on the hospital Mackenroth, McGrady, Mickel, Miller, Mulherin, redevelopment. Major elements of the project Musgrove, Nelson-Carr, Nuttall, Palaszczuk, Pearce, have now been completed, including the new Pitt, Reeves, Reynolds, Roberts, Robertson, Rose, main hospital building, which will be open in Schwarten, Spence, Struthers, Welford, Wells, the near future. The committee is also satisfied Wilson. Tellers: Sullivan, Purcell with planning changes to the project, most NOES, 42—Beanland, Black, Borbidge, Connor, notably the inclusion of a research wing to the Cooper, Dalgleish, Davidson, Elliott, Feldman, Gamin, main hospital building and the decision to build Goss, Grice, Healy, Hobbs, Horan, Johnson, Knuth, a new mental health unit on the campus. I Laming, Lester, Lingard, Littleproud, Malone, thank all those who assisted the committee Mitchell, Nelson, Paff, Pratt, Prenzler, Quinn, Rowell, with its inquiries in the past year. Thanks also Santoro, Seeney, Sheldon, Simpson, Slack, to my fellow committee members and the Springborg, Stephan, Turner, Veivers, Watson, committee's staff for their assistance. I Wellington. Tellers: Baumann, Hegarty commend the reports to the House. Resolved in the affirmative.

MEMBERS' ETHICS AND PARLIAMENTARY PERSONAL EXPLANATION PRIVILEGES COMMITTEE Question on Notice Reports Mr PAFF (Ipswich West—CCAQ) (10.22 a.m.), by leave: On 24 August I asked Mr MICKEL (Logan—ALP) (10.24 a.m.): I a question on notice of the Attorney-General. lay upon the table of the House the Members' On further investigation, I find that the Ethics and Parliamentary Privileges information supplied to me has been unable to Committee's Report No. 43, a Report on be substantiated. I advise that no response to certain issues relating to the registration and the question is required. In doing so, I disclosure of members' interests: Response to apologise to the House and to the Attorney- matters raised by the Auditor-General in Audit General for any inconvenience caused. Report No. 1 of 1999-2000; the Members' Ethics and Parliamentary Privileges Committee's Report No. 44, Report on a Code SCRUTINY OF LEGISLATION COMMITTEE of Ethical Standards for members of the Report Queensland Legislative Assembly; and the Mrs LAVARCH (Kurwongbah—ALP) Members' Ethics and Parliamentary Privileges (10.23 a.m.): I lay upon the table of the House Committee's proposed Code of Ethical the Scrutiny of Legislation Committee's Alert Standards for members of the Queensland Digest No. 11 of 2000 and move that it be Legislative Assembly. I move that the two printed. reports and the proposed Code of Ethical Standards be printed. Ordered to be printed. Ordered to be printed. PUBLIC ACCOUNTS COMMITTEE Mr MICKEL: It gives me great pleasure to present, on behalf of the Members' Ethics and Report Parliamentary Privileges Committee, these two Hon. K. W. HAYWARD (Kallangur—ALP) reports and the committee's proposed Code of (10.23 a.m.): I lay upon the table of the House Ethical Standards. Report No. 43 is the the annual report of the Public Accounts committee's response to matters noted by the Committee for 1999-2000. The report outlines Auditor-General in his Audit Report No. 1 of the committee's activities for the year. I would 1999-2000, tabled on 30 September 1999. like to take this opportunity to thank the During the course of his audit report, the committee members and staff for their Auditor-General noted that it was more contributions and assistance. I move that the appropriate that certain issues that arose report be printed. during his audit were considered by the Ordered to be printed. Members' Ethics and Parliamentary Privileges 5 Sep 2000 Private Members' Statement 2869

Committee, those issues falling within the secretariat staff for their assistance and jurisdiction of the committee. dedication. I commend the reports and the After considering the Auditor-General's proposed code to the House. report in detail, the committee met with the Auditor-General on 10 November 1999. The OVERSEAS VISIT committee had a very fruitful discussion with the Auditor-General. The Auditor-General at Report that time also offered his ongoing assistance Mr ROWELL (Hinchinbrook—NPA) to the committee in its review of his report and (10.27 a.m.): I present a report on a visit I its associated code of conduct review and, in made to China. fact, did assist the committee by providing his comments to the two draft reports and the proposed Code of Ethical Standards tabled NOTICE OF MOTION today. Electoral Fraud Turning to Report No. 44 and the Dr WATSON (Moggill—LP) (Leader of the proposed Code of Ethical Standards, I note Liberal Party) (10.27 a.m.): I give notice that that the proposed Code of Ethical Standards is tonight I will move— a comprehensive, educative framework to "That, in view of the conviction of ensure that the elected representatives of this three ALP identities for electoral State are aware of, understand and are able corruption by rorting the electoral rolls for to resolve ethical dilemmas when they arise. Federal, State and local Government The proposed Code of Ethical Standards is the elections, this House calls upon the most comprehensive and useful document of Queensland Government to amend the its kind developed by and for elected Electoral Act to require proof of identity representatives anywhere in Australia. and address from all voters before ballots Together with other complementary are cast, and calls upon the mechanisms, such as the Register of Commonwealth to amend the Members' and Related Persons' Interests, it Commonwealth Electoral Act to require makes individual members of the Queensland proof of identity and address before a Parliament the most accountable in Australia. person may be registered on the electoral Nowhere else in Australia are members of roll." Parliament more accountable than in Queensland. The Queensland register of interests is the most stringent in Australia, and PRIVATE MEMBERS' STATEMENT recommendations in this report relating to ad Electoral Fraud; Ms K. Ehrmann hoc disclosure will only enhance that accountability. Hon. R. E. BORBIDGE (Surfers Paradise—NPA) (Leader of the Opposition) The focal point of the proposed Code of (10.28 a.m.): The question that the Premier Ethical Standards is the Statement of and the Deputy Premier will not answer in Fundamental Principles. These principles draw respect of the very serious allegations of together the various concepts underpinning electoral corruption is what they knew and the duties of and obligations on members of when they knew it. The scandal that is Parliament to assist members to better engulfing this Government is now emerging as understand their representative role and more serious than the Fitzgerald inquiry. What responsibilities. The principles are required to we have are very serious allegations that date be endorsed and adopted by the Legislative back to 1996. I seek leave to table the Assembly. The Members' Ethics and disputes tribunal hearing for the Thuringowa Parliamentary Privileges Committee will be State electorate of Friday, 20 December 1996, obliged to update the Code of Ethical Australian Labor Party Queensland Branch. Standards on a continuing basis to ensure that it is at all times relevant. This Premier and this Government have been found wanting. The Premier tells us— Before commending the reports to the House, it is appropriate that I acknowledge the "The bottom line is this: I do not, will work of the previous committee. I also wish to not, and have not ever supported anyone record my appreciation to all members of the who breaks the law when it comes to present committee for their commitment to the electoral matters, and I will never do so." work of the committee. Finally, on behalf of the But he campaigned for Karen Ehrmann when current committee and the previous he knew Karen Ehrmann was under committee, I would like to thank all the investigation. He said— 2870 Questions Without Notice 5 Sep 2000

"Thuringowa needs a serious and he should send them to the CJC today. It is hardworking replacement who is familiar very simple. I have made it clear right from the with issues affecting your local beginning that I will have no truck with anyone community." who breaks the law. He said in a letter to electors— The Leader of the Opposition is becoming "Karen is a no-nonsense woman of the mud master of Queensland politics. That is action ..." fine. However, like everyone else, the mud master has to come in here and provide He got that right! He went on to say— material and information. He has done none of "As your member of the next Labor that today. He again tabled an old document Government, Karen Ehrmann will be your that I understand was tabled by former voice in Parliament. I know she will member Frank Tanti. That is my recollection. I represent you well on these and other would be interested to see whether the issues." Opposition Leader is prepared to confirm that The fact is that the Premier knew about the or not. If he has material which he believes is allegations in late 1996 and he did nothing relevant for a CJC evaluation, he has not only until, as he was forced to admit on the 7.30 an obligation but also a public duty to send it Report the Friday before last, those allegations to the CJC, and he should do so today. became public. He was quite happy to tolerate There are matters in this area that we are the situation until such time as the Australian concerned about. As the House knows, the Federal Police were breathing down the Labor Attorney-General and I have made a number Party's neck. of announcements about outcomes from Time expired. Cabinet in the past few days. My Government will remain vigilant in improving the Electoral Mr SPEAKER: Order! The time for Private Act in this State. Let me make that very clear. Members' Statements has expired. If there are areas that need to be improved, then they will be improved. For example, I am QUESTIONS WITHOUT NOTICE concerned about matters involving the Gold Coast City Council election. I have received a Electoral Fraud; Ms K. Ehrmann copy of a petition to the Legislative Assembly. Mr BORBIDGE (10.30 a.m.): I direct a It is only a copy. It says— question to the Premier. I refer to the fact that "... the records showing that 24 electors in Karen Ehrmann paid the bond and the rent on Division 3 were recorded as having voted an uninhabited flat—flat 3, 69 Cay Street, more than once in the Gold Coast City Saunders Beach—which was said to be a safe Council election for a Councillor for the house for ghost voters at a time when her sole Division held on 25 March 2000 when the source of income was approximately $29,000 margin at the declaration of the poll was as a Townsville city councillor and at a time 21 votes ..." when she was under very considerable financial stress. I ask: can the Premier assure It goes on to say, and this is what I am the House that neither the Labor Party nor any concerned about— organisation affiliated with the Labor Party nor "... the statement of an electoral official acting on behalf of the Labor Party paid the responsible for mobile polling at declared rent on that flat in order to facilitate electoral institutions that at the Runaway Bay corruption? Retirement Village he personally filled in Mr BEATTIE: I thank the Honourable 100 ballot papers with a first preference Leader of the Opposition for the question. Let vote for David Childs however Childs was me respond in these terms, and let me be very recorded as having received lower than clear about this. I have no knowledge of any 40 for all declared institutions together." payment associated with the matters raised by It goes on to say— the Leader of the Opposition. I have no "... the storage of completed and blank knowledge of this at all—full stop, end of story. ballot papers in the men's toilet in the I have no idea who would have paid the rent. Runaway Bay Library during the pre- If indeed it was paid by Karen Ehrmann or polling period." someone else, I have no idea. However, let me say this to the Leader of the Opposition: This involves a Liberal identity on the Gold nobody would expect me to have that level of Coast. detail. If the Leader of the Opposition believes Mr CONNOR: I rise to a point of order. As that these matters are relevant and are of I understand it, this matter is before the courts some concern to him and to the community, right now. 5 Sep 2000 Questions Without Notice 2871

Mr SPEAKER: It is before the courts? Mr BEATTIE: Let me make this very clear. Mr CONNOR: As I understand it, yes. I indicated to Karen Ehrmann that I believed that she should stand aside as the candidate. Mr BEATTIE: Where? Does the member I did that before she was convicted. Under our mean that his Liberal identity friend is before system of government and our system of the courts? That is how it should be. justice, people are entitled to the presumption Mr CONNOR: As I understand it, it is of innocence. However, I take electoral issues before the Southport court. so seriously that at a function I suggested to her that she should stand aside as our Mr BEATTIE: I rise to a point of order. I candidate. I did so because I will not am not aware of any matters before the courts compromise on matters of honesty and in relation to this. This is a copy of a petition I integrity. I will not compromise. have been sent relating to a Liberal identity in relation to electoral issues that we are Mr Borbidge interjected. concerned about. If the member can provide Mr BEATTIE: I do not recall exactly when direct evidence that this Liberal councillor is these matters went to the court or when the before the courts, then I am happy to hear charges were proceeded with, nor would that material. anyone expect me to. But what I do recall very Mr SPEAKER: Is the member for Nerang clearly is this: unlike the Leader of the going to provide some evidence that this is Opposition when he was in this position, I have before the courts? not stood in the way of any inquires. Rather, I have encouraged them. Not only have I not Mr CONNOR: Mr Speaker, as I stood in the way of inquiries but encouraged understand it— them, I insisted and suggested in the Mr SPEAKER: It is not a matter of strongest possible terms that Karen Ehrmann understanding; we need to know. stand aside as the candidate. One cannot ask for more than that. Not only that, as I have Mr CONNOR: It has been well covered in said in this House on many occasions, I then the media that division 3 of the Gold Coast went to the party and demanded that the rules City Council elections of that time— of the party be changed to clean it up. Mr BEATTIE: Who was it? Who? Name When there is a matter involving a Liberal him! identity on the Gold Coast, the Leader of the Mr CONNOR: As I understand, it was Opposition comes in here and wants to object Rickard and Childs. It is well publicised in the to it, and so does his Liberal colleague. He media that it is before the Court of Disputed wants to cover it up. He objected to my raising Returns. it in this House, because he has one standard for himself and one standard for everybody Mr SPEAKER: If that is the case, I need else. That is what he has. We have blank evidence that it is being challenged in the ballot papers being stored in the men's toilet at courts. I really do need to know that. the Runaway Bay library during the pre-polling Mr BORBIDGE: I rise to a point of order. period. Perhaps Mr Speaker can contact the Gold Mr CONNOR: I rise to a point of order. Coast City Council. It may be able to assist. Mr BEATTIE: Here we go! This is an Mr SPEAKER: I will do that after question attempt to gag me on these issues. time. Mr CONNOR: Again, the Premier is referring to a matter that is before the court. Electoral Fraud; Ms K. Ehrmann Mr SPEAKER: But I have no evidence Mr BORBIDGE: I direct a further question that that is the case. to the Premier. I refer to the Premier's ongoing Mr CONNOR: As I said, it has been well claim that as soon as he learnt of the publicised. allegations against Karen Ehrmann he took Mr BORBIDGE: I rise to a point of order. immediate action. I ask: as the allegations in How can the Premier tell the House that he respect of Karen Ehrmann were well known in asked her to stand aside when he was writing late 1996, when did he first learn of the to voters in the electorate telling them to vote allegations against her? Why did he continue for her? to campaign for her? Can he confirm reports in the media that his changes to the Labor Party Mr SPEAKER: Order! There is no point of State Rules and Constitution did not come into order. effect until after the 1998 State election? Mr BORBIDGE: Another fib. 2872 Questions Without Notice 5 Sep 2000

Mr SPEAKER: Order! There is no point of Causley applauded the legislation. Mr Causley order. said he would like a similar deal in New South Mr BORBIDGE: He was telling people to Wales. He said— vote for Karen Ehrmann. "I think it's a good deal for everyone Mr SPEAKER: Resume your seat. It is not frankly." a point of order. There is a National Party member of Mr BORBIDGE: He was saying things Parliament I can agree with. This is a good such as "woman of action" and "as your deal. It is a good deal for indigenous member of the next Labor Government". Queenslanders, it is a good deal for the mining industry and it is a good deal for Queensland Mr SPEAKER: Order! That is not a point as a whole. This can-do Government has of order. I call the Premier. taken on the most difficult issues, whether they Mr BEATTIE: Let us talk about standards. be native title, vegetation management or When I was the leader I got Karen Ehrmann to water reform. These issues are difficult. They stand aside. What happened to the National are controversial. They are hard. They are Party member, this Mr Hinton who was never easy. In fact, it took us almost two years convicted? Those opposite allowed him to be to get through the State-based regime in this re-endorsed. Let the difference be seen very State. clearly. What did I do with Karen Ehrmann? I Did we shirk our responsibility at any time? said, "Stand aside. We don't want you as a No, we did not. We battled on, notwithstanding candidate." What did the National Party do the difficulties and notwithstanding the level of when Rob Borbidge was a Minister? The opposition. Now we are the only State in National Party re-endorsed Mr Hinton after his Australia that has a State-based regime. Is conviction. I got Karen Ehrmann to stand that good for Queensland? Yes, it is good for aside before her conviction. Those opposite Queensland. Did we get support from the support National Party candidates remaining in National Party in this State? No, we did not. It the field even after they are convicted. The had the one-point plan. Do honourable Leader of the Opposition is clearly a hypocrite members remember the one-point plan? That and he is shown to be one. The National Party plan is "put your head in the sand". That is the re-endorsed Mr Hinton after he was convicted. plan it had. Nothing the National Party did Mr BORBIDGE: Mr Speaker, I rise to a helped the mining industry. It set the mining point of order. I table a document which shows industry back. We are finally getting to a stage that the Premier was campaigning for the of doing something to get that backlog of woman, for the candidate that he said he had mining applications resolved. asked to stand aside. An Opposition member: Century Zinc. Mr SPEAKER: Order! That is not a point Mr BEATTIE: I opened the mine with the of order. We are not having a debate. You will Minister for Mines and Energy. Century Zinc have an opportunity to debate it later. happened under our policies. If it were not for our policies, Century Zinc would not have Native Title happened. We deliver. The Opposition talked, but it could not deliver. My Government Mr SULLIVAN: I refer the Premier to the delivered and will continue to deliver. historic native title agreement reached after negotiations with Federal Labor, and I ask: has Mr BORBIDGE: Mr Speaker, I rise to a this scheme received any support from any point of order. Then Premier Goss refused to coalition MPs? activate the right to negotiate for Century Zinc. It was done under the coalition. Mr BEATTIE: I am delighted to say that, in stark contrast to the whinge a day, whinge a Mr SPEAKER: Order! That is not a point week and whinge a year we get from the of order. National and Liberal Parties, who have not had Mr BEATTIE: I draw to the attention of one positive idea in the last 50 years, National the House that on three occasions today the Party member of Parliament Ian Causley came Leader of the Opposition has disrupted this out and applauded the legislation that the House. He is endeavouring to bring this House Queensland Government managed to get into disrepute. He has no respect for through the Senate this week. I thank the democracy and no respect for this Parliament. National Party member for his support. The He is not fit to hold the position he occupies. Australian Financial Review of last Friday, 1 Last time the Parliament sat, the Leader of the September stated that New South Wales Opposition came in here and incited a riot on National Party member of Parliament Ian his side of the House to try to disrupt the 5 Sep 2000 Questions Without Notice 2873

Parliament. He is at it again today. Where are I have here a statement of an electoral officer the conservatives in the National and Liberal responsible for mobile polling at declared Parties who respect Parliament? What institutions. He said that at the Runaway Bay happened to their respect for Parliament? It is Retirement Village he personally filled out 100 gone. ballot papers with a first preference vote for David Childs; however, Childs was recorded as having received less than 40 of all declared Electoral Fraud; Ms K. Ehrmann institutions. What happened? In the Liberal Party it is good enough that someone gets Dr WATSON: I refer the Premier to the 100. One hundred of these were filled out, but meeting of the ALP committee, attended by when the vote was counted he got only 40. both him and Bill Ludwig, among others, Something is rotten in the state of Denmark, before the disputes tribunal in December 1996 and it is in the Liberal Party. Look at members at which he personally supported the opposite scream! Poor old Bob Quinn has recognition of Ms Ehrmann as the preselected gone so red he looks like Rudolph's brother. candidate for Thuringowa, despite the protests Look at those opposite squeal. They do not of Bill Ludwig at that meeting. Since the like it. Not only that— Premier knew about the allegations no later than that meeting, why has he claimed that he Dr WATSON: Mr Speaker— took immediate action as soon as he learned Mr BEATTIE: Here we go. Another of the allegations when he did no such thing? attempt at a cover-up. He does not want me Mr BEATTIE: It would be an extraordinary heard. day in Queensland politics when Bill Ludwig Dr WATSON: Mr Speaker, here is the and I did not see eye to eye. Bill and I are person who was head of the ALP— great mates. It is like one big love-in between Bill and me. I do not recall the particular Mr SPEAKER: Order! That is not a point meeting, but I could not imagine Bill and I not of order. The member for Moggill will resume agreeing on these matters. his seat. Mr Hamill: You go to the same barber, Mr BEATTIE: I think he protests too don't you? much. What did he do about this? What about Ryan? It is the Leader of the Opposition's neck Mr BEATTIE: We do go to the same of the woods. He is from the Gold Coast. Last barber, and it does not take very long. time I looked, this is what his mates were I do not know what the Leader of the doing down at the Gold Coast. What has he Liberal Party is talking about. The muck done about it? He should get up and tell us masters opposite can come in here and throw what he has done about it. all the muck they want. Under my leadership Mr BORBIDGE: Mr Speaker, I rise to a Karen Ehrmann did not remain as a candidate point of order. for the Labor Party and went to jail. My Government does not give favours to Mr BEATTIE: He has not done anything anybody. If anyone breaks the law, they feel about it. the full force of the law. Mr BORBIDGE: Mr Speaker— Let us look at the record. Let us not look Dr WATSON: Mr Speaker— at the manufactured attempts at fact; let us look at the record. First, Karen Ehrmann did Mr BEATTIE: Which one of you is going not continue as a candidate and, second, she to speak? Can't you work it out? Tweedledee went to jail under my Government. That says it or Tweedledumber? all. Under the National and Liberal Parties in Mr BORBIDGE: Mr Speaker, the rorter Government, National Party member Hinton, opposite is ignoring the fact that the people he who was convicted of electoral fraud, was re- is referring to were not candidates of the endorsed by them. They think, "A bit of Liberal Party or the National Party. electoral fraud? Don't worry. You are one of ours. It's fine." They re-endorsed him and said, Mr BEATTIE: All of them are Liberal "Have another go. Go out and see if you can identities, and he knows it. He comes in here sign someone else up." with a pious attitude. One thing I can assure him of is that if there are matters that come Liberal identities, regardless of where they out of the Gold Coast or any other place, are, do not seem to have any respect for the whether it be Townsville, Brisbane or the Gold law. Dr Watson is the Leader of the Liberal Coast, and if the laws need to be changed to Party. Would he not be concerned about this? fix them, we will fix them. 2874 Questions Without Notice 5 Sep 2000

Fuel Prices Sunday Mail of 20 August that capping was a Mr PURCELL: I refer the Premier to the "laudable concept provided you can make it petitions calling for a Senate inquiry into the work in the light of international crude prices". petrol price rises being circulated by In other words, we have some conservatives Queensland Labor MPs, and I ask: what sort on side. of support have they received? What happened after this? There was a Mr BEATTIE: Can I say that currently— party room discussion, and Mr Lindsay, Mr Neville and Mr Katter all disappeared under An Opposition member interjected. the chairs. They walked away from an inquiry. Mr BEATTIE: Members opposite do not Why? Because the National Party in coalition want to talk about petrol. They do not want to got rolled by the Liberal Party, and John talk about the real issues. All they want to do is Anderson went out and said that he will not get in here and be mud masters. They do not support an inquiry and he will not support a want to talk about matters that affect the cap on petrol prices. Let everyone in family. Queensland know: as petrol prices go up, it is I am happy to tell the House that currently the fault of the National Party. It has deserted about 15,000 Queenslanders have signed the the bush. It has deserted regional petrol petition. I am also delighted that Labor Queensland. The National Party rolled over, MPs have reported overwhelming support for and I want to know: what is the Queensland the petition we have put out seeking an inquiry National Party doing about petrol prices? Has it and seeking to resolve the issues surrounding rolled over to the Federal Liberals as well? petrol prices. I am pleased to inform the House Every member opposite has run away from that there is also some support from coalition petrol, and there will be a day of reckoning on ranks. Federal Liberal MP Trish Draper has that one at the next State election. started her own petition supporting a freeze on the fuel excise rate to prevent a price rise in Ms K. Ehrmann; ALP Disputes Tribunal February. Is that familiar? That is exactly what we want! So there is one Federal Liberal Mr SPRINGBORG: I refer the Premier to member who is on side. The Daily Telegraph the formal findings of the ALP disputes tribunal newspaper quoted Ms Draper as saying— on 20 December 1996, which states, as the second ground for dismissing the appeal of "What I'm trying to do is represent Mr Gillman— my constituents who are unhappy over the price of petrol." "That in reference to allegations against Ms Ehrmann regarding the She went on to state— collection of ballot papers of Mr Roland "I've actually started a petition from and Peter Laverack, the tribunal finds Ms my office so if anyone's interested they Ehrmann not guilty of conduct severely can ring my office and ask for a copy of harmful to the best interests of the party, the petition." nor does the tribunal find that No doubt it is very similar to the one we have Ms Ehrmann breached party rules." put out. She went on to state— I ask: can the Premier explain how the tribunal "And that is to actually freeze the could possibly have reached that conclusion in excise rise in February next year." the light of consideration of material before it, which included a statutory declaration from She is on board with the Government. Is it not Mr Tony Mooney, which I table, and good to see one Liberal on board with this correspondence from the Laveracks, which I Government? But that is not all. Peter Lindsay, table? Why did the ALP disputes tribunal cover the Federal Liberal MP for Herbert, wrote to up the rorting? the Federal Treasurer asking for a freeze on the petrol excise. In the Courier-Mail of 22 Mr BEATTIE: As everyone in this House August, Mr Lindsay said— knows, I was not a member of that tribunal. Clearly, I cannot explain the outcome— "I am alarmed at the way petrol prices are going through the roof—it is Mr Horan: But Mr Kaiser was. horrible for mums and dads and families Mr BEATTIE: Hang on. Gosh, you guys with fuel bills of more than $50 a week." are rude! Does the member want an answer or He is absolutely right. Another Federal Liberal does he want to be a galah all day? I am MP, Alby Schultz, said that the freeze should happy to give him an answer if he would give be considered. Even Federal National Party me the courtesy. MP Bob Katter was keen to cap petrol prices. Mr Littleproud: You're the bloke doing He was backed by Paul Neville, who said in the the squarking. 5 Sep 2000 Questions Without Notice 2875

Mr BEATTIE: If I was as big a galah as Opposition thinks that crooks should remain in the member is, I would try to wear a hat in here. Mr Hinton was a National Party member here to hide my face. who was convicted, and yet Mr Borbidge felt The bottom line in this is very simple. he should stay here. He was Mr Borbidge's Clearly, the disputes tribunal got it wrong. It is mate, and he said he should stay here. that simple. But having said that— Mr Borbidge interjected. Mrs Sheldon interjected. Mr BEATTIE: "I am not his mate." He Mr BEATTIE: Oh, look— thought he should remain a candidate for the National Party, but he was not a mate. How Mr SPEAKER: Order! We will allow the many times is the Leader of the Opposition question to be answered. The member for going to backslide? That was what Mr Caloundra! Borbidge did. What did I do? Ms Ehrmann was Mr BEATTIE: If the member wants me to no longer a candidate. I got rid of her as a sit down, I will. I will answer the question. candidate, and she was convicted, and that is However, if she wants me to sit down, I am the way it is. happy to do that. If she wants to continue to be rude and disrupt this House, then I will sit down. If she wants an answer, I will give her an Fuel Prices answer. Mr PITT: I refer the Deputy Premier to reports of a further hike in fuel prices across Mr Borbidge interjected. Queensland. I ask: does the Queensland Mr SPEAKER: Order! The Leader of the Government have support for its argument Opposition will cease interjecting. That is my that the GST is causing fuel price rises? final warning. Mr ELDER: I thank the member for his Mr BEATTIE: The bottom line in this is question. Through his chairmanship of the very simple: I have made it clear that I will Small Business Council, he has continually have no truck with anyone who breaks the law. brought to my attention cases of small I was not a member of the disputes tribunal. I businesses that are struggling under the GST- was not a part of its deliberations. Clearly, the induced fuel hike. While the Federal disputes tribunal got it wrong. The bottom line Government might want to pull the wool over in all this is very simple, however: the disputes our eyes and try to blame overseas oil tribunal is not a police force; nor is it an companies and blame rising oil prices on investigating body. They are investigations to others, the fact of the matter is that experts in be properly carried out by the Federal Police. industry have been doing their numbers. There The Federal Police did carry out their is now no doubt—none in any circle anywhere investigations, and under my Government, in the business community and none on the Karen Ehrmann went to jail. There were no part of any economic commentator—that the cover-ups like we saw during the Leader of the GST has been directly linked to the Opposition's day, when he set about disrupting outrageous fuel prices that we are now the CJC by instigating another inquiry because experiencing. he did not want it to see the MOU. The Leader The Australian Competition and of the Opposition came in here and tried to Consumer Commission used the Federal destroy a legitimate CJC inquiry. He wrote to Government's own modelling system to work Phil McMurdo the other day. He has sought to out that inflationary pressure from the GST has interfere on every occasion he can. added 1.2c a litre to the current price of fuel. The difference is very simple. Karen Under the Federal Government's own Ehrmann went to jail under my Government. modelling, it has also said that by February it Karen Ehrmann resigned as a candidate will add a further 2c. That is a 3.2c a litre because of my request to her. Yet when the impact by early next year. That is something Leader of the Opposition and members that this Government will not wear. We have opposite were in Government, they thought it been campaigning about it from day one. The was fine for Mr Hinton, a National Party motorists in the electorates of members member, to be convicted of electoral fraud but opposite will not wear that either. to be re-endorsed. It is black and white. There Australia's leading motoring body, the is not even a contest in this. The Leader of the NRMA—not just me, folks— Opposition thinks that people convicted of electoral fraud should be re-endorsed and Opposition members interjected. should remain in Parliament. That is his Mr ELDER: Members opposite can standard. He thinks crooks should remain in whinge all they like, but this will be an election here. Look at what he did. The Leader of the issue that will hurt every one of them, and they 2876 Questions Without Notice 5 Sep 2000 know it. The NRMA called for a freeze on the cards, why did he vote down the CCAQ private planned excise rise in February. Dr Watson sits member's Bill earlier this year, without even quietly, and he is right to do so, because he attempting to make amendments to it, that did knows how hard this will be on each and every just that when it is obvious that he now one of the members opposite. The NRMA has supports the intent of that Bill? said— Mr BEATTIE: It is important to say that at "The Federal Government has not least the political parties of most members delivered on its promise that (petrol) prices elected to this Parliament were properly would not rise as a result of the GST." registered. I have to say that the member for Another Howard untruth! Its chief economist Caboolture does not come in here with very has said that prices in some regional areas clean hands. have risen by 6c a litre since the introduction of Mr FELDMAN: I rise to a point of order. I the GST, and every member opposite is aware am talking about the private member's Bill and of that because it is having an impact. The I would like the Premier to answer that Australian Automobile Association said that question. John Howard has been "misleading the nation on petrol prices". The Motor Trades Mr SPEAKER: Order! There is no point of Association says that the freeze on excise is order. urgent. The RACQ, a Queensland body, has Mr BEATTIE: May well he talk about the said that— private member's Bill, because I have to say "Canberra effectively dudded that the member for Caboolture does not motorists on July 1. Blaming the hike on come to this issue with very clean hands. But international oil prices doesn't add up." let me come to the substance of his question. It wants a freeze as well. The RACV has also Opposition members interjected. said that it is concerned about the whack on Mr BEATTIE: He took a cheap shot. If he motorists through fuel prices. But that is not wants an answer, I will give him a serious the only issue. There is the impact on transport answer. prices; there is the impact that flows through The bottom line is this: as members on costs; there is the impact that flows through opposite know, Justice Mackenzie made on business; there is the inflationary impact certain recommendations in relation to matters that then leads to an interest rate hike. If involving the election in Mansfield. The people want to know why they will be paying Attorney and I discussed those. They were more on their mortgages, they should go right referred the day after, if I recall correctly, to the back to the GST, go right back to fuel and go all party parliamentary committee in this right back to John Howard's untruth. Each and House, which reported in approximately the every member opposite will wear it. end of September last year. The Attorney provided a detailed response in the House on Electoral Reform 29 February 2000 and subsequent to that the Government has been preparing legislation. Mr FELDMAN: In directing a question to As members would know, the Attorney has a the Premier, I refer him to the previous number of matters with the parliamentary submissions to the Joint Standing Committee draftsman. As a result, Cabinet on Monday on Electoral Matters concerning the electoral approved a new system. It all came out of that result for the Federal seat of Dickson in 1993 process. There is no disrespect to private and their resubmission in 1999 and now the member's Bills or anything else that the current crisis over electoral fraud and corrupt member for Caboolture did. There was a electoral rolls in north Queensland. I now ask: process that we went through; it was a process will he and his Government cease the current that involved members of the House. As arrangements with the Federal Government everyone knows, the parliamentary committee and bring the maintenance of the Queensland system, of which I am a strong advocate and electoral rolls back to the control of this State supporter, needed to be involved—and it was. and re-establish subdivision electoral rolls and will the Queensland Electoral Commission be Out of that parliamentary committee given time to eradicate multiple electors who report the Attorney-General brought matters to do not exist from the rolls before the next Cabinet and we have now endorsed the State election and, as reported in the Courier- position that the Attorney and I announced Mail yesterday in relation to his proposed yesterday that there will appropriate legislation reforms to how-to-vote cards having to have put in place to ensure that there is proper the candidate or the source clearly identified authorisation. That will establish the position on it, thus cutting out the bogus how-to-vote that when electors go to vote they will know 5 Sep 2000 Questions Without Notice 2877 exactly who authorised the how-to-vote cards. Mr HAMILL: I would have thought that That will overcome the problem that we saw in the Leader of the Opposition, who is such a Mansfield. Some of the members in this strong supporter of the GST, may wish to House would be aware of the Mansfield appreciate some of the damage that is being problem. Are they all aware of the Mansfield done to the viability of small businesses in problem? Queensland, particularly as in an earlier Opposition members interjected. National Party Government he had as part of his portfolio responsibility for small business. Mr BEATTIE: They should be aware of it. One thing that is absolutely clear from the Dr Watson interjected. advent of the GST is that small businesses Mr SPEAKER: Order! The member for across Australia have suddenly become Moggill! unpaid tax collectors for the Federal Government. In fact, over the course of this Mr BEATTIE: They should be aware of it. month and next month many small businesses I just draw to the attention of the House will come to understand very clearly the actions of the Liberal Party. I have here a enormity of the task that is being set before Liberal Party how-to-vote card for Mansfield. them. They should be aware of the rort. It is interesting that it was authorised by G Goebel. I note a report from Mr John Grindal, who There was no mention of the Liberal Party at is the chairman of the Far-north Queensland all. I table a copy of that for the House. The Chamber of Commerce and Industry, an Opposition did need its act cleaned up and we accountant by profession. Mr Grindal reports will clean it up through the appropriate that he believes that as many as one in four legislation which will be passed before the end small businesses in far-north Queensland will of the year. We will make sure that that sort come to grief or falter because of the impact of of— the GST. In an article which appeared in the Sunday Mail last Sunday, Mr Grindal states Mr FELDMAN: I rise to a point of order. I that feedback from business owners lodging have asked the Premier whether he is going to their returns monthly showed that few had clean up the electoral rolls before the next realised how much work was involved in State election. completing a Business Activity Statement. Mr Mr BEATTIE: I thank the member for Grindal states— Caboolture for that. I will come back to that. In "The forms ask for a lot of terms of the electoral roll— information and when you get down to it, Dr Watson interjected. there is a 130-page instruction book. It takes time to get all the information." Mr SPEAKER: Order! The member for Moggill will cease interjecting. Small business is ill-resourced to deal with such an onerous task. Small business is facing Mr BEATTIE: Will the Leader of the enough difficulty as it is without having to fulfil Liberal Party stop getting excited. We know he that very onerous and very complex task on is embarrassed by the rort in Mansfield. He behalf of the Australian Taxation Office. Small should behave himself. There has been a joint business was given little or no assistance by State/Commonwealth roll for some time. It the Federal Government to cover those would cost us millions of dollars to have a compliance costs, but it is the Federal separate roll. We intend to have a joint roll. Government's GST, an impost which was The Federal Government, in cooperation with wholeheartedly endorsed by the coalition in the State Electoral Office, does have a clean- this place, which is driving numerous small up strategy. We will work with them to ensure businesses in Queensland into bankruptcy. that anything that needs to be done is done. This is a very critical time for business in Australia. Business confidence is faltering and business investment is drying up for one Goods and Services Tax simple reason—and that is the impact of the Mr FENLON: In asking the Treasurer a Federal coalition's goods and services tax. question I refer him to media reports that small businesses are finding GST compliance costs onerous and expensive. I ask him: how is Electoral Fraud small business coping with this imposition? Mr QUINN: I direct my question to the Mr Borbidge interjected. Premier and I refer him to the infamous case of the Laveracks, who both in fact voted for Mr Mr SPEAKER: Order! I call the Leader of Tony Mooney in his preselection battle with the the Opposition to order. current member for Townsville in 1996 but 2878 Questions Without Notice 5 Sep 2000 whose votes were initially recorded as having Leader of the Liberal Party and to the Leader been cast in favour of the current member. In of the National Party: if he has pressing light of the fact that the Laveracks complained matters that he believes are important, then in writing to the ALP about this alleged double they should be sent immediately to the CJC; voting as well as the facts outlined in the he should not be covering it up by holding it question from the member for Warwick, I ask: back. The member should send it off. If he why did the disputes tribunal of the ALP seek needs somebody to do that, I will provide him to cover up Labor Party rorting in Townsville by with a driver later today to send it down to the claiming that they had no evidence of wrong- CJC. If the member is still having trouble, I will doing when actually they were knee-deep in it? actually go down there with him. I will Mr BEATTIE: I do not know who the piggyback the member down there to make Laveracks are. I do not know whether I have sure that the information gets there. However, ever met them or whether I have seen them or whatever happens, let us get it to the CJC. Let heard of this material involving them. If I have, us not have it hidden. Let us have every tiny I do not recall the story involving the little thing in there to the CJC and investigated. Laveracks. In this business, we meet many If the member wants to send his breakfast people whom we do not always recall. down to the CJC and have it investigated as well, I have no problem with that. He can send A Government member interjected. last week's lunch; I do not care. Mr BEATTIE: There could have been. I I made it clear from the beginning that, as know about the Laverack Barracks. The far as I am concerned, this matter should be bottom line of all this, as I have said already, is fully and properly investigated. For four years that in my view the disputes tribunal got it or thereabouts the Federal Police investigated wrong. I cannot be more clear to the House it. There were three people who went through than that. Let me just stress that the disputes the system, and so they should have. Those tribunal is not an arm of the police service. It is are the standards that exist under my quite understandable why they got it wrong; it Government. Anyone else who has broken the was because they were not in possession of all law, whether they are a Liberal identity from the material that subsequently convicted down the Gold Coast—which we have heard a Karen Ehrmann. lot about this morning—or whether they are Let me be really clear about this. Karen any other Labor Party person, they should feel Ehrmann was convicted under my the full force of the law. Any matters that the Government and the bottom line— members opposite want to raise to improve Opposition members interjected. the Electoral Act, they should send them off to the parliamentary committee to have a look at Mr BEATTIE: Members opposite cannot them. I give this pledge: if anyone comes up have it both ways. I know what this is all about. with sensible and constructive ideas to improve In the electoral scheme of things those the Electoral Act, we will do it. opposite have to try to immerse me in it. I know what the story with all this is, but their problems are: one, I was not on the tribunal—I Queensland Economy understand the politics; two, this matter was Mrs ATTWOOD: My question is to the fully investigated by the Federal Police; three, Treasurer. I refer to the recent report on the she was charged and convicted under my Queensland economy by the international Government. There is nothing more we could ratings agency Standard and Poor's, and I do. ask: can the Treasurer inform the House of the I did not go out and encourage her to run latest assessment and its significance to in the election campaign, which is the standard Queensland? of the Opposition, and we saw that happen Mr HAMILL: Yesterday, the ratings with Denis Hinton. Denis Hinton was convicted agency Standard and Poor's released its most yet he was endorsed again by the National recent consideration of Queensland's Party. They did not see a problem with that. creditworthiness. Indeed, in that release There is nothing that I am aware of that has Standard and Poor's— not been investigated by the Federal Police. Mr Borbidge: Mike Reynolds is your "... affirmed the State of Queensland's parliamentary secretary. 'AAA' long-term local currency rating." Mr BEATTIE: That is not what he said; he That is the highest possible rating available was talking about another member. from that international ratings agency. I make this point to the member, as I did Mr Elder: Good Budget. to the member for Warwick, as I did to the Mr HAMILL: It was a good Budget. 5 Sep 2000 Questions Without Notice 2879

Opposition members interjected. "The tribunal intends to make a Mr HAMILL: Come on, steady on, this is number of recommendations to the good news. The members opposite should be party's rules committee for proposed happy. alterations to the rules of the ALP regarding the selection of candidates in According to Standard and Poor's, light of various difficulties in the Queensland's ratings outlook is stable. preselection process which have emerged Standard and Poor's release states— during the tribunal's hearings of evidence "The ratings reflect the State's low in the Thuringowa appeal and in other level of net financial liabilities, the sound disputes which have come before the position of its ongoing finances, low taxes, disputes tribunal in recent times." and the continued good performance of Given that the Premier has said he took its economy." immediate action just as soon as he learned of The Director of Public Finance Ratings, Mr Rick the allegation against Ms Ehrmann and that Shepherd stated— he has also said that he took these issues to "Queensland's balance sheet is the State conference in 1999, I ask: how can extraordinarily strong ... At 30 June, 2000, the Premier possibly describe a gap of over at the general government level, liquid two and a half years as immediate action? financial assets exceeded the combined Mr BEATTIE: As I have indicated on a gross debt and accrued superannuation number of occasions today, I believe the liabilities by an amount equivalent to 12% tribunal got it wrong. I have said that. Did I say of revenue." that? Yes, I said that. It may be of interest to some of our Mr Elder: More than once. visitors from overseas to learn that in the case Mr BEATTIE: My view is that the tribunal of the State of Queensland— got it wrong, and that is understandable, "All employee entitlement liabilities because they are not a policing agency. I have are fully funded by financial assets also said that as soon as I could, I took these specifically held for that purpose in the matters to the conference and insisted on the Public Account with Queensland being rules being changed. the only state with no unfunded The bottom line is that the conference superannuation and other employee does not meet every 10 minutes. I ask liabilities." members to think about what we did. Firstly, That is an enviable record—one that is we changed the rules. Secondly, I encouraged outstanding in Australia. I suggest that few Karen Ehrmann to resign. Thirdly, Karen other Governments, national or regional, can Ehrmann was convicted under my match our record. Government. That says it all. This assessment by Standard and Poor's Yet I contrast all of that with the National comes in the wake of this year's State Party re-endorsing Denis Hinton, a person Budget—a Budget that confirms Queensland's convicted of electoral fraud, to run again after strong economic position and confirms the he was convicted. strong fiscal leadership of this Government, a Budget that delivers jobs and economic Mrs Sheldon: Two and a half years— development for Queensland, and a Budget Mr BEATTIE: Let us look at what that delivers a strong balance sheet and happened under the leadership of the former makes Queensland's assets work for economic Liberal Leader in Mansfield. I refer to the growth and the welfare of the State. decision of Mr Justice Mackenzie in relation to Importantly, it gives investors from overseas the events that happened while the member certainty that Queensland is indeed a very opposite was the Liberal Leader. It states— safe and sound investment. "In conformity with s. 161 of the Act, the card"— Electoral Fraud; Ms K. Ehrmann and Mr Justice Mackenzie is referring to the Mrs SHELDON: My question is to the ALP card— Premier. I refer to the formal findings of the "bore the name and address of the ALP ALP disputes tribunal in relation to the appeal official who was its author in small print on by Terry Gillman against the endorsement of the bottom of the card, as well as the Ms Karen Ehrmann in 1996 as the Labor letters ALP. I note in passing that a Party's candidate for the seat of Thuringowa, Liberal second preference card contains which states— the name and address of the author in 2880 Questions Without Notice 5 Sep 2000

even smaller print, if the photocopy Strait Islander peoples, particularly through the tendered in evidence is life size, without Department of Employment, Training and any reference to his party affiliation." Industrial Relations. This very comprehensive So although there is all this hoo-ha about report, which I will table, sets out significant Mansfield and elsewhere, the Liberal Party issues. As I state in the report, by and National Party do not come to this debate documenting what my department is doing, with clean hands. The contrast is stark. The particularly what it has achieved over the past how-to-vote cards of the party, which I am 10 years in relation to employment and quite happy to table, state— training outcomes, we can establish benchmarks to measure what has now been "Authorised M Kaiser ALP Peel St achieved and what needs to be achieved in South Brisbane." the next 10 years. On the other hand, the Liberal Party cards This important report spells out that we state— are making progress. As we know, the "Authorised by G Goebel"— indigenous population of Queensland is less some mystery party; the Liberal Party has than 3% of our population. However, it been a mystery party for some time— represents some 4% of Queenslanders between the ages of 15 and 24 years. We "25 O'Connell Terrace Bowen Hills." have established that some 6% of our State's Unfortunately, that is in my electorate. vocational education and training curriculum is The bottom line in all of this is very simple: directed at the indigenous people of this State. the Liberal Party was up to shonks in It is important that they receive a share above Mansfield. their percentage in that 15 to 24 year old age group, because they have significantly more Mrs Sheldon: Two and a half years and unemployment problems than those in the rest you did nothing. of our society. Mr BEATTIE: When the member was the This report spells out what is occurring Leader of the Liberal Party, the party was up through the work of my department and also to all sorts of shonks; it was trying to hide its that of the private sector. At places such as second preference card. The Labor Party had Century Zinc we are working with Pasminco so "ALP" on theirs; the Liberal Party did not have that within a couple of years 50% of the their name on theirs. So the members workers at the Century Zinc mine will be opposite do not come to this debate with clean indigenous. Work is under way in both the hands. department and the private sector. A lot has I have to say that it took a Labor occurred. Some $25m of our budget goes to Government to clean up the second indigenous vocational education and training preference card issue, and it has. Any other programs and facilities. It is important that reforms that need to be made, we will make honourable members and the people of them. If there is ever any clear message out of Queensland know that this Government, this parliamentary session, it is that. through the Department of Aboriginal and Torres Strait Islander Policy and Development and my department, is working to significantly Training for Indigenous People improve an area where there was Ms NELSON-CARR: I ask the Minister for discrimination. Too few indigenous people in Employment, Training and Industrial Relations: Queensland and Australia were being involved how is the Department of Employment, in vocational education and training. We are Training and Industrial Relations acting on its now devoting a fair share of our resources, commitment to provide training for the State's and also working with the private sector, to indigenous people? make sure that it works. I table a copy of the Mr BRADDY: I thank the honourable report. member for that very important question. We have a very important responsibility and obligation in Queensland with our high Electoral Fraud; Ms K. Ehrmann indigenous population, and that is to ensure Mr CONNOR: I refer the Minister for Police that they share in the employment and training to revelations during the Karen Ehrmann trial opportunities that Queensland society can that she provided the names of AWU people generate. In order to establish what we were rorting postal votes during the Mundingburra doing, my department has issued a report by-election, which is a State offence, and I titled Kaulder Jibbijah, which is a report on the ask: have the Federal Police referred any working partnership with Aboriginal and Torres allegations associated with the Ehrmann case 5 Sep 2000 Questions Without Notice 2881 to the Queensland police and, if so, when and rehabilitation have resulted in a general were they referred? Are the Queensland police decline in the number of medical retirees. investigating this matter? In 1998-99 the turnover of staff due to Mr BARTON: I wonder about this medical retirement from the Queensland question. I am not aware of any matters Police Service was 0.69%—the lowest figure having been referred to the Queensland Police over the past six years. The rate for the period Service as a result of this matter. I understand up to 1 June this year was even lower, at that the Federal Police have had a long 0.63%. The Beattie Labor Government's involvement in terms of investigating this commitment to boosting the number of serving matter over a number of years. If in fact there police officers and increasing the number of are any State matters that require referral to civilian staff employed in the Queensland the Queensland Police Service, then I have no Police Service will undoubtedly help in this doubt that the appropriate people will refer area. The cost of stress related workers them there and the Queensland Police Service compensation claims has dropped, from will investigate them thoroughly and $2.7m in 1995-96 to $1.4m in 1998-99. As at independently. But I am not aware of any May this year only $400,000 had been matters having been referred by the Australian expended on stress related workers Federal Police to the Queensland Police compensation claims. Very importantly, the Service. If in fact they have, I certainly have average number of days lost per claim has not been briefed. I can assure the honourable reduced from 100 to 25—a 75% reduction in member that I get briefed very thoroughly on lost time attributable to work related stress most matters, so it would appear to me that injury. there have not been any referrals. In addition, I am proud to be able to inform the House that the Queensland Police Police Service Service has the lowest staff turnover rate of any Australian police jurisdiction. In 1998-99 Mr MUSGROVE: I refer the Minister for the rate in Queensland was less than 4% Police and Corrective Services to claims by the compared with the industry average of more member for Toowoomba South that there is a than 5%. In addition, the Queensland Police high number of Queensland police officers Service has the lowest rate of sick leave due to taking stress related leave. We all know that both work and non-Government related policing is a stressful job and, as a result of causes of any Australian police jurisdiction. In workplace related stress, a number of officers Queensland, the average number of hours lost leave the service each year due to stress per year was 50 compared with an industry related medical conditions. Can the Minister average of 65. These results can be attributed inform the House whether Queensland has to the effective management of absenteeism recorded any improvements in the number of and occupational health and safety issues officers taking such leave and how this State generally. The implementation of rehabilitation compares with the rest of Australia in areas programs and better integration of such as staff turnover? management and employee support facilities Mr BARTON: I thank the honourable have also contributed to these positive results. member for the question. The member always takes a very great interest in policing issues, particularly in the Logan area, where as a Queensland Nickel result of lobbying by him and other members Mr TURNER: I refer the Minister for Mines of the Labor Party in Logan we have made and Energy to Queensland Nickel's plant some very significant gains in policing numbers expansion, which would double its production, and facilities in the short two and a bit years making it one of Queensland's biggest that we have been in Government. potential customers for gas, and its need to Policing is an inherently stressful make a decision by the end of 2000 about occupation. When police officers start their using gas or expanding its coal-fired burners shifts each day they never know what dangers as an energy source, and I ask: with the or stress they might encounter. As the Government's Cleaner Energy Strategy in member said, each year a number of officers mind, will the Minister ensure that gas will be leave the service due to stress related medical available to QNI's operation to prevent an conditions, and that is understandable. About expansion of coal-fired burners in our region? 85% of medical retirement cases from the Mr McGRADY: I thank the honourable Queensland Police Service are in fact due to member for the question. It is one of the most psychological conditions, but in recent years interesting and sensible questions that we improved practices for managing absences have had today. I congratulate the member on 2882 Matters of Public Interest 5 Sep 2000 the calibre of the question. The whole object of more serious than allegations that led to the this Government's energy policy is to bring gas Fitzgerald commission of inquiry. Queensland to north Queensland. That is what this policy, State elections may have been rorted by amongst other things, is about. In this State Labor. Federal elections may have been rorted today we have a parliamentary delegation by Labor. Local government elections may from Papua New Guinea. I had the honour of have been rorted by Labor. The electoral meeting them last night. They come from right system of this country may have been across the political spectrum in New Guinea. fundamentally, repeatedly, systematically and Every single one of those members of corruptly rorted by this Labor Party—by this Parliament representing all of the parties in Labor Government. that country said to me, "We are all united in That is the real issue in the electoral our desire to get gas into Queensland." corruption scandal that now dogs the Labor Obviously, in Opposition days the Premier, the Party and the State of Queensland. It is a Deputy Premier and I were very keen to get point that needs to be made and made the gas pipeline from New Guinea into starkly, because there is a suggestion that Queensland, and we followed this up in what has been going on in Townsville in the Government. But if that does not Labor Party is simply about internal party happen—and I believe it will—there are other politics, a bit of internal hanky-panky that does resources from which we can get gas. We not really mean much to people outside the have the Timor Sea and we have our own gas party in that city. People who hold that attitude in Queensland. It is a priority of this could not be more wrong. The fact is that, Government to bring gas into Queensland and however much it may be taken for granted by to have a gas-fired power station in the north most of us, a safe and secure electoral system of this State so we can assist the people of the is one of the absolute cornerstones of our north to have the extensions which the democracy. If we do not have an honest member referred to. As we all know, industry electoral system, we do not have a true feeds on industry. We will leave no stone democracy. We do not and cannot have unturned until the gas comes to Townsville honest Government if we have a rorted and we can continue with our role of providing electoral system. We are basically one step jobs, jobs and more jobs. away from a banana republic because, taken Mr DEPUTY SPEAKER (Mr Fouras): to its logical conclusion, the people who will win Order! The time for questions has now expired. Government in those circumstances are going to be the people who are simply the best MATTERS OF PUBLIC INTEREST rorters. The courts have recognised that. They know that that is the issue. Electoral Fraud; Ms K. Ehrmann In sentencing Shane Foster, Karen Hon. R. E. BORBIDGE (Surfers Ehrmann's accomplice, in Townsville on 22 Paradise—NPA) (Leader of the Opposition) counts of electoral fraud last year, then District (11.30 a.m.): The House has heard some Court Chief Judge Shanahan said— interesting admissions from the Premier today in regard to the allegations of electoral "Most of us go through our day to corruption engulfing his Government. He has day life without giving any thought to the told the Parliament that he changed the rules, purity of the Australian electoral rolls, but but he changed the rules only after the upon mature reflection it is essential as far event—after the election and after he had as the community is concerned that we campaigned for the convicted electoral rorter, have clean electoral rolls, there are no who was the Labor Party candidate for forgeries lurking about undetected." Thuringowa. Yet we see from him today the Earlier he said— Sergeant Schultz defence: he saw nothing, he heard nothing, he knows nothing. The Premier "Shane John Foster, you have who involves himself in everything, the man pleaded guilty to 22 very serious offences. who is the compulsive meddler in everything They involved tampering with the that his party and his Government does, Australian electoral rolls. They strike at the expects us to believe that he knows nothing. system of electoral rolls which is part of our democratic tradition. Conduct like this The reality is that we saw action from the can undermine public confidence in our Labor Party only after the Australian Federal electoral roll system." Police were breathing down their necks, and the changes to the party rules took place only A similar judgment on the seriousness of this after the 1998 election. The fact is that these sort of behaviour was made by the current allegations now engulfing this Government are chief judge of the court, Judge Wolfe, when 5 Sep 2000 Matters of Public Interest 2883 she sentenced Karen Ehrmann last month. the obvious: some of the ghosts developed to She said— help Ehrmann in internal party ballots could "The crimes you committed affect the have been the source of rorted votes in the confidence of the citizens of Australia in State election. Jim Bunnell, the husband of their democratic process. It cannot be put the Deputy Mayor of Townsville, has publicly too highly. You, at the end of the day, made a similar observation. We have now had had interfered with the integrity of the allegations of similar rorting of the rolls in electoral roll. The integrity of the electoral relation to the Federal seat of Herbert. roll is sacrosanct." The initial intended use of these votes is Honourable members have only to briefly bad enough. This was not a bit of internal examine what it was that occurred in party hanky-panky because it involved the Townsville to understand why the judges were corruption of the Australian electoral rolls. Even so concerned about the behaviour of Foster if none of the ghosts developed by Kehoe, and Ehrmann. The forgeries they engaged in Foster, Ehrmann and others that may have were in two forms. In one format they totally been created elsewhere never voted illegally, forged enrolment forms that were to be the fact is that the corruption of the electoral presented to the Electoral Commission. In roll for whatever purpose made that possible. other words, the person whose name The other issue here is just how far up the appeared on the enrolment form, while a real chain in the Labor Party this activity or, at the person, had no idea that they were being very least, complicity in or knowledge of this registered on the electoral roll in the manner activity goes. Ms Ehrmann alleged that this that Foster and Ehrmann intended. sort of behaviour has been chronic conduct by The second category was of people who the AWU faction for years right around the had some degree of knowledge of, or State. The returning officer for the preselection complicity with or of undue trust in either Foster that led to the charges against Ms Ehrmann or Ehrmann by filling out part of the enrolment was a long-time employee in the office of the form but leaving the address and perhaps Deputy Premier, who also heads the AWU other details blank—but crucially the address. faction in this House. The Premier himself says More often than not the address that was then he took action on this issue immediately he dishonestly inserted into the enrolment learnt of the allegations. He knew of the application was a post office box in the name allegations in 1996. His immediate action took of either Foster or Ehrmann. Picking up the two and a half years—after the election. mail from the Electoral Commission when the Mr BEATTIE: I rise to a point of order. perpetrators had sent in false information was That is untrue. The reforms involving changes then quite easily done by going to the post to the rules of the party took place in 1997, office box or boxes and accepting the mail as 1998 and 1999. I seek for it to be withdrawn. if they were the person to whom it was addressed and, thus, Ehrmann and Foster Mr BORBIDGE: He took it to the Labor had control over how those people voted. Party State conference after the election. He knew about it. The intent of this operation was to help candidates for preselection in either local Mr BEATTIE: I rise to a point of order. government elections in Townsville or in That is untrue. The reforms started in 1997, Townsville-based State seats. But, of course, 1998 and 1999. I seek it to be withdrawn. once the roll is rorted, it is rorted for whatever Mr DEPUTY SPEAKER (Mr Fouras): purpose the rorter wants. If there is a false Order! I ask you to withdraw. name on a roll in an electorate, then they have a vote under their control. They can vote them Mr BORBIDGE: I accept the Premier's early; they can vote them often. There is now reassurance that it took him three years to fix evidence that this has occurred. it. He said 1997, 1998 and 1999. Judge Ambrose of the Supreme Court Mr DEPUTY SPEAKER: Order! I ask you sitting as the Court of Disputed Returns found to withdraw. that there were seven cases of multiple voting Mr BORBIDGE: I withdraw, but I am or voting by imposters on behalf of others in withdrawing by saying that I accept the the 1995 State election in the seat of Premier's assurance, admitted now in this Mundingburra, the seat that gave government House, that it took him three years to fix it. He to the Goss Government. Terry Gillman, the was telling people he fixed it immediately. He man beaten for preselection by Karen has just told the Parliament it took him three Ehrmann and her rorted votes in 1996 for years—three years to finalise the reforms of his preselection in Thuringowa, has publicly stated corrupt, rorting political party. 2884 Matters of Public Interest 5 Sep 2000

Mr BEATTIE: I rise to a point of order. I The reason for that is that he is the first indicated that the reform process took place in beneficiary of the crooked process. He is duty 1997, 1998 and 1999. It covered a wide range bound by factional loyalties to protect the of matters, the matters that I dealt with. I constitutional process which endorses and moved as quickly and as precisely as possible. backs branch stacking. The branch stacking in I ask for those comments to be withdrawn. He the Queensland Liberal Party is as bad or is misleading the House. even worse than has ever been seen in Mr BORBIDGE: It took three years to fix it. Queensland. The Liberal Party in Queensland presides over the most corrupt and crooked preselection processes in Australia. Senator Liberal Party Branch Stacking Brandis was appointed last year to look at the Mr MICKEL (Logan—ALP) (11.40 a.m.): I preselection process, and the report will not congratulate the Leader of the Opposition. He even come down until next year! read that old material better than Frank Tanti Dr WATSON: I rise to a point of order. ever could. Only three people have been found guilty of This Saturday the Queensland branch of electoral corruption. the Liberal Party will meet to select its Senate Mr DEPUTY SPEAKER (Mr Fouras): ticket. We have already seen from the rorted Order! There is no point of order. The member electoral process that the main beneficiary is will resume his seat. Senator George Brandis, whom this Parliament voted to send to the Senate earlier Mr MICKEL: I know that the Liberal Party this year despite the protestations from the Leader does not want to hear it. It is Leader of the Opposition. This Saturday the happening in his State seat, yet he has taken ticket will be headed by Senator John Herron, no action to clean up the processes that are a Minister in the Howard Government, and rorting the Liberal Party in Queensland. Also also Senator Ian Macdonald, another Minister on that committee is a Mr Steven Ciobo, who in the Howard Government. In third place on has been named as one of the people the ticket will be former Industrial involved in Liberal Party branch stacking in the Commissioner Di Baldwin, who threw away her Federal division of Moncrieff. They are not my lifelong appointment to the Industrial words; he has been identified by the current Commission to stand for preselection for the Federal member, Mrs Kathy Sullivan, for his Liberal Party. role in branch stacking the Liberal Party. As I understand it, last night the Liberal For barefaced cheek, however, one Party preselection delegates from the Ryan cannot beat the motion that the Queensland Federal Electorate Council met and, again with Young Liberals have put up for the conference the help of ethnic branch stackers whom to consider this weekend—to reform the Senator Brandis had refused to take any Queensland electoral system whereby identity action against, selected the 10 delegates for will be required for Queensland State the Ryan FEC. Also, the 10 delegates from the elections. In other words, reform the world but phantom branch in my own Federal division of do not reform the Liberal Party, because none Rankin will select delegates for that process. of those rules on State electoral processes Equally, there will be 10 delegates from the apply within the Queensland Liberal Party. In Federal division of Moncrieff, a preselection the Queensland Liberal Party, one does not that was so badly rorted by the Queensland have to be an Australian citizen. One does not Young Liberals that the Prime Minister had to have to have any residential requirements. intervene and postpone the preselection One does not even have to have proof of indefinitely. There will be 10 delegates from identity. In other words, one would have to the Federal division of Fisher, a preselection have no friends and no family before they lost that was so rorted by the sitting member when endorsement in today's Queensland Liberal he called and ran his own endorsement with Party. overnight notice to delegates. In a friendly aside yesterday, the Leader What it points to is this: that the Liberals of the Opposition asked me to produce some will not address the rorting and branch stacking documents. I am happy to oblige, because that is now rife throughout its organisation. It today in front of me I have a list supplied to put Senator George Brandis in charge of the me by some very good friends of my review of its constitution even though he is not candidate for the Liberal Party's nomination to on the State Executive, not on the party the Senate, the member for Clayfield. They Constitution and Rules Committee and holds have supplied me with a list of the Centenary public office. He is hanging on for grim death branch of the Liberal Party, and oh what a to this review of the Liberal Party constitution. compelling document it is! 5 Sep 2000 Matters of Public Interest 2885

Before I get into that, I want to make branch live in the Mount Ommaney electorate. mention of the preselection that includes the As I said, more than half of the entire Centenary branch with the recently concluded membership are of Asian background. elections for the Federal division of Ryan where the contest was carried out on 13 But it gets more interesting. Some 16 of August at St Joseph's Catholic School in them give their addresses as post office Clewley Street, Corinda. One of the candidates boxes. If people ever get the impression as was the former president of the Liberal Party, they wander around the western suburbs of Bob Tucker. By sheer chance I have a copy of Brisbane that some of the shopping centres the original documents. The Liberal Party goes have that "lived in" look, they are absolutely to a lot of expense; they are all colour. The right. Four of the branch members give their letter says— addresses as shopping centres in the western suburbs—Toowong Village, Indooroopilly "Before you cast your vote for the Shopping Town and the Mount Ommaney incoming Executive, you should ask Centre, and one fellow who was a bit lost gave yourself whether these people who his address as the Fairfield Gardens Shopping helped the Liberal Party to defeat in 1998 Centre at Fairfield. should now be rewarded by getting control of the Ryan FEC ... If the Liberal But it gets better than that. One might Party is to distance itself, once and for all, wonder why there has been bipartisan support from One Nation and its unacceptable for Impulse Airlines and the very cheap airfares policies, those people should not be that it has on offer at the present time. The supported." bipartisanship has nothing to do with the tourist industry and its promotion; it has As we have seen, in spite of the fact that Bob everything to do with making fly in, fly outs to Tucker stood on a platform of distancing Liberal Party preselection ballots. They fly on himself from the One Nation apologists in the Impulse and they vote on impulse! Two Liberal Party, his entire team was defeated members of the Centenary branch live in and he himself was elected by one vote. The Sydney. One lives in Pyrmont and the other votes that changed are now the subject of an lives in that highly sought after residential investigation within the Liberal Party. address in central Sydney called the Edmond Barton Building at Martin Place, right in the It is in that context that it is useful to have heart of the commercial centre. the Centenary branch list of the Liberal Party to see why it should totally distance itself from The extent of the ethnic branch-stacking One Nation. It is a real eye-opener to look at exercise can be seen when we look at the the Centenary branch of the Liberal Party, electorates these people come from. For because something like 70% of the people example, 100% of the eight delegates who who reside in the Mount Ommaney State give their addresses as being in the State seat electorate are of Asian background. In other of Sunnybank are of Asian background. It is words, what it says is this: those people had the same situation in the electorate of been corralled in an ethnic branch-stacking Chatsworth, where 100% of those delegates exercise without a clue as to who they were are of Asian background. It is the same in voting for or what they were voting for or Yeronga, Sydney, Redcliffe, Sandgate and against. Can anyone of Asian background in Cleveland. I am afraid my own electorate of the Liberal Party really back anyone who Logan also has one branch like that. In the backed the One Nation preference deal? Premier's electorate of Brisbane Central, seven of the 12 members who belong to the Let us look at the list. For a suburban Centenary branch are of Asian background. branch in Brisbane, it has representation from throughout Queensland. In fact, it has What we are saying—this happened members who reside or give addresses in 31 again last night in the Federal division of of the 89 State electorates in Queensland. Ryan—is that these people are picked up and This branch is represented to the north from driven there without any clue as to who they Mooloolaba, to the south from Southport, to will vote for. In that, they preside over the the east from Cleveland and to the west from preselection processes of the Liberal Party. Barambah. There is even one living in Proston. One of the beneficiaries is Bob Harper, who is Where people give their addresses as the ticket number 19683 in the Centenary branch. Mount Ommaney State seat, three-quarters of So impressed was George Brandis with his the members of the Centenary branch are of branch stacking that he made him chief of Asian background. Less than half of the staff as well as the Liberal Party candidate for people who are members of the Centenary Mount Ommaney. 2886 Matters of Public Interest 5 Sep 2000

Electronic Mail confirmed that it had. As my office refused to Mrs PRATT (Barambah—IND) divulge the name of the particular individual (11.50 a.m.): Electoral fraud and corruption whom we believed had been blocked, the have of late been of major concern to all person at IT began to read a list of names, political parties in Queensland, members of thereby indicating that there does exist an this Parliament and, most importantly, the unknown number of email senders who have media. As everyone is aware, the Federal been blocked. Government has begun an investigation into A block had been put on this individual's electoral fraud as claimed by jailed former email because of complaints and, we are told, Labor candidate Karen Ehrmann. There is no as a result of a request from other members of member of Parliament, no political party figure Parliament. I have no problem with any and no constituent who has not questioned member of Parliament deciding for themselves the political propriety of elections and what constitutes a nuisance email and wondered how this issue of fraud and subsequently having it blocked from being misrepresentation can be resolved, hopefully sent to them, but I do object to someone delivering honest Government to the people. blocking my email. To that end I would like to bring to the Parliament's attention a situation which could In discussions with the IT section—it has lend itself to another form of corruption. I been nothing but exceptional and efficient with believe the situation I am about to relate was any requests from my office for unintentional, but the House will see how assistance—and other sources, I was told that dangerous the situation could be in the hands it is customary for any message blocked to be of the unscrupulous—those who would think returned to the sender. I will quote research nothing of using any questionable means to forwarded to me. It states— win an election. "... if an ISP was deliberately and On returning home on the Friday following maliciously blocking e-mail messages the previous sittings of this Parliament I was from reaching their intended recipient, it is met by a very agitated constituent who was unlikely that the ISP would return the concerned that I had not responded to his message to the sender, thus alerting emails, which he had sent to my office while I them to the block. It would be a more was here in Parliament. I inform this likely scenario that if an ISP was acting Parliament that the emails were never maliciously in withholding a person's e- received. This Parliament has, unwittingly mail, they simply would intercept it and fail perhaps, perpetrated against the people of my to deliver it. The person who sent it would electorate one of the greatest betrayals of its assume that it had reached it's intended people any Parliament can carry out. This recipient as they would not have a Parliament has interfered with the transmission message from their own server saying it of email from a constituent to their was undeliverable; while the intended parliamentary representative. How many more recipient would be unaware that the of my constituents have had their emails not message even existed without receiving reach their intended destination? The question further communication from the sender." has to be asked: how many members in this I have a copy of a statutory declaration House have not received their constituents' signed by the sender stating that he did not email? have his email returned. Nor did I, the The particular individual I am speaking of recipient, receive any notification. But I do not is very prolific with his emails, and I dare say infer that any malicious intent exists in this that many members of this House would be or instance. have been the recipient of them. I also realise I do not know about anyone else in this that many members would object to and Chamber, but I would not accept the postman oppose his beliefs and possibly the manner or not delivering my letters, and I certainly do not the terminology that he may use. In saying accept or appreciate my email being blocked. I that, I must admit that I have not received any do not appreciate someone other than me correspondence from him which contain what deciding whom I can or cannot communicate would be termed offensive language. with. Mostly, I do not appreciate and am When my office rang the IT section of this offended on behalf of my constituents at their Parliament we asked not only whether it was not being able to communicate with me possible to put a block on a constituent's email through what is supposedly a private but also whether one had in fact been placed communication network. It is illegal to tamper on any person's email to my office. It was with the mail and is therefore conceivably 5 Sep 2000 Matters of Public Interest 2887 illegal to interfere with the private and corruption to occur. I will have my private communication of email. email address reinstalled and will no longer rely There may be, as I said before, many solely on the parliamentary email. I suggest members of this House who do not want to that every member of Parliament be aware receive this particular individual's that their emails are vulnerable. I ask that this emails—members who think he is radical; Parliament ensures that in future no emails to members who find what he has to say members of Parliament will be blocked without offensive—and there may be members of this their knowledge or their approval of such an House who have asked that his emails be action. blocked. That is their right—I do not dispute that—but I have not asked that these emails be blocked and I have not been asked if I Privacy Protection; RP Data want them blocked. They were blocked without Mrs LAVARCH (Kurwongbah—ALP) my knowledge and without any consent. (11.58 a.m.): In July next year Australia will When first elected to Parliament I had a have legislation which aims to provide a private email address set up so that I was framework for the way in which private accessible to my constituents via any means companies deal with personal information they chose to use. As far as I can tell, I have about individuals held on their databases. This had no trouble with it in any way, shape or means that, for the first time, there will be a form. Fairly recently it was suggested that I comprehensive scheme in place applying to avail myself of email which came through both the Federal Government and the private Parliament. Although I had reservations about sector. This is at least how the Federal it at the time, I eventually went ahead. I was Government describes its so-called co- dubious about the security of my constituents' regulatory approach to privacy concerns about emails but was assured that only a couple of information held by private companies. I do people would be involved and that email was not believe the pending Federal scheme will more secure through Parliament than through be adequate, as it does not provide a one of the providers that has hundreds of comprehensive scheme for the protection of staff. privacy. At best, it goes to only one area of I no longer believe that the worst kind of privacy, that is, personal information manipulation is not possible in this instance. regulation, and even then it is questionable Most members of this Parliament work whether the Federal approach will do the job. extremely hard in their electorates and make The protection of personal privacy has themselves available by any and every means been canvassed by this Parliament on a available. This service could be used by number of occasions over the past 20 years or unscrupulous individuals to have many emails so. Most recently, the member for Mansfield, blocked, making MPs appear ignorant Phil Reeves, has raised the activities of a because they have not answered those private property database company, namely, messages. With winning margins becoming RP Data. This company is on an Australiawide extremely narrow as people weary of the party quest to photograph every residential house in process, sometimes fewer than 100 votes are the country to create a superdatabase, the difference between winning and losing an ostensibly for use by the real estate industry. election. Mr Reeves: Eighty-three, actually. I will talk about the activities of this company shortly, but before I do, I want to Mrs PRATT: Exactly. A swing as small as canvass the area of privacy regulation in 1% or 2% is enough to change Government, general. In April 1998, this Parliament's Legal, and the blocking of half a dozen emails per Constitutional and Administrative Review week over a couple of years or over the full Committee, under the chairmanship of the parliamentary term could alter the course of member for Burleigh, Judy Gamin, handed voting in any marginal seat. This possibility is down a very comprehensive report on privacy not too unbelievable. in Queensland. To date, this report has not I have spoken of my concerns with a been acted upon. In part, this is because the member of the CJC, and it has been agreed Government has been awaiting the slow that the likelihood of corruption by this method development of the Federal laws. In other is a possibility. With the enormous effort and respects, however, I personally believe that cost that many efforts to corrupt the system privacy laws have little appeal to Governments, apparently take, it is not difficult to imagine as Government agencies are often the that there exists a vulnerability with the current beneficiaries of the freedom to deal with system regarding our emails for manipulation personal information of individual citizens. 2888 Matters of Public Interest 5 Sep 2000

Prior to the LCARC report, there operated Secondly, privacy of space or territory is between 1984 and 1991 a Privacy Committee summed up by that old expression that a which delivered annual reports to this man's home is his castle. It means that we can Parliament. In its final report in 1991, the all expect to live life as we choose within the committee recommended that Queensland privacy of our own home without prying eyes of enact a privacy protection regime which went others looking into our windows. Again, this beyond data protection to areas of territorial should be limited only by the State having the privacy, personal privacy and communications power to intrude in order to properly carry out and surveillance privacy. In 1993, the Electoral functions of protecting the public good or and Administrative Review Commission, individual safety, such as investigating criminal EARC, in its report on the review of the activity or, say, checking a child's safety. preservation and enhancement of individual Thirdly, privacy of communications means rights and freedoms, proposed that a general being able to make a telephone call or send a right of privacy be included in a State Bill of letter without someone else listening in or Rights. This proposal for a Bill of Rights has opening your mail. Again, intrusion into this been rejected by LCARC, and it is not on the right is justified by the interests of the public, radar screen as far as I am aware. but should rarely be justified by the private This means that, as of today, interests of another individual. Lastly, privacy Queenslanders have their privacy protected by of information means that a person should, to a variety of measures. These are, firstly, the a large extent and as far as is reasonably Commonwealth Privacy Act, which applies to possible, be able to access and regulate personal information held by the Federal access to information others hold about them Government and its agencies and credit to ensure its accuracy and to be confident information held by banks and other credit about the use to which the information is put. providers. Secondly, there are some indirect In Queensland, our laws fail to provide an common law remedies, such as the law adequate protection of those elements of applying to trespass. Thirdly, there is limited privacy. The RP Data case clearly protection of territorial privacy provided in the demonstrates those failures. Firstly, the basic State Invasion of Privacy Act. Lastly, there is a information that RP Data relies upon is the hotchpotch of provisions found in the freedom Queensland property valuations and sales of information laws, various criminal law and database held by the Department of Natural police power laws, as well as administrative Resources. DNR responds to inquiries as to policies of some Government departments. why RP Data is supplied this information by saying that it is already publicly available, and As I mentioned earlier, the amendments all it is doing is providing it in electronic form. to the Commonwealth Privacy Act currently This is exactly the point. On what basis did before the Federal Parliament will apply to the DNR decide that the information should be private sector a regime for the protection of publicly available, and what criteria did it apply personal information. This regime, assuming it to make this decision? This information has is passed by the Senate, will commence in been publicly available probably since there July 2001. What this means taken as a whole, has been a property and valuation database, and even with the new Federal laws, is that the but there have never been any criteria by protection of Queenslanders' privacy rights which we can judge whether it is reasonable or remains manifestly inadequate. Let me explain not that that information remains on the public why, and I will illustrate this by using the register. example of RP Data's activities. I must say, from the experiences reported Privacy, as identified by the LCARC to me by some of my constituents, it is report, can be considered as consisting of four extremely difficult to have property information separate elements, that is, privacy of the suppressed by DNR, and this leads to the person, privacy of space or territory, privacy of question: what judgment is made for a communication and privacy of information. Let property owner to have information changed or me deal with each of those. Privacy of the withheld from release? Then again, the DNR person relates to an individual's own body. It is position may be perfectly reasonable. As I generally accepted that intrusions into a said, there are no rules against which the person's private space are justified only by judgment can be made, because Queensland reasons of safety or the investigation on Government departments are not subject to reasonable grounds of criminal behaviour. any comprehensive and coherent scheme. Hence, police powers about when a person There is no equivalent of the Federal Privacy can be searched are properly the subject of Act applying to Queensland Government express legislative provisions. departments. 5 Sep 2000 Matters of Public Interest 2889

Upon having the basic database, RP Data sets out, I think fairly clearly, the situation. The is then able to manipulate the information and letter states— add to it. It does this by photographing "Dear Mrs Sheldon, residential homes and matching them to the data it holds. Again, the company can do this You are perfectly right about the because there are no general privacy rorting being conducted within TAFE protections afforded to a person's home. Your Institutes in Queensland." home might be your castle, but your castle has The letter states that many of these institutions no moat, the drawbridge is down and the have been requiring their staff to enrol as guards are asleep as far as the Queensland students of the institute, and the one she was laws are concerned. There is no legal restraint referring to particularly was North Point, but I stopping homes being photographed. Indeed, understand from her and from a number of there is nothing stopping RP Data—or anyone other people who have contacted me—and I else, for that matter—photographing your car will mention where and what courses—that this and every member of your family and adding practice is quite widespread. The letter that to the database as well. No doubt this continues that they have been requiring their would help the real estate pitch. Just imagine staff to enrol as students of the institute— it: "Good home with happy family, two-year-old "... in many professional development car and attractive daughter. See photographs activities ... The practice has the effect of attached." increasing the overall SCHs (student The new Federal law might go some way contact hours) that the Institute delivers to limiting the use to which RP Data can put and is able to attract the same funding the information, but then again, it may not. from ANTA and other bodies as would a The law will not apply to small businesses, normal student's participation. A member which means businesses with a turnover of of the Staff and Client Services section of under $3m per annum. I do not know how well the Institute regularly ensures that staff RP Data is doing. Maybe it will be classed as a complete their enrolment form and enters small business, and even the modest set of details on the HRM Database 1. Staff are restraints proposed will not apply to it at all. allocated student numbers and receive The situation is quite intolerable. The official Result of Assessment certificates Government should, as a matter of priority, at the end of the semester." draft for discussion purposes a comprehensive The author of the letter is certainly happy to privacy regime. This regime should provide documentation to substantiate her complement the Federal laws and apply claim. information privacy principles to the "Further proof can be obtained by Queensland Government. The regime should cross checking enrolment and then go further and provide protection to examination information on CAP, staff personal and territorial privacy as well as details on AURION (the TAFE H.R. information privacy. database) and professional development The development of technology activities on the HRM Database 1 in the challenges us in most things we do. Privacy is Staff and Client Services section of the at the forefront of this challenge, and sadly, Institute. Queenslanders are being left behind. The You may also like to examine two decisions on privacy, or lack thereof, come other, more significant and common from a pre-computer age, and they are failing practices. us badly. Now is the time to act. ... many students at North Point Institute have deliberately been charged for hours TAFE Institutes of tuition that they have never received." Mrs SHELDON (Caloundra—LP) This was the same issue that I brought up in (12.08 p.m.): Continuing concerns have been the Estimates committee hearing regarding raised with me on various issues regarding the Brisbane Institute of TAFE. She says this various courses in a number of TAFE has come about— institutions in Queensland. Most of these "... as a result of senior management matters have been raised by teachers who are decision to reduce tuition time of all award concerned about the courses being conducted courses by 10%. Students, however, were or not being conducted and their effect on charged the full tuition fee calculated on students and the student hours involved. I the nominal hours of tuition as stated in want to quote fairly extensively from a letter the relevant curriculum document (the that has been sent to me by a teacher who syllabus). The rationale behind this 2890 Matters of Public Interest 5 Sep 2000

decision was that the syllabus could 5 modules and comprised a total of 50 legitimately be altered by 10% and hours of tuition—potentially $350 of State students would be happy to fast track funding to the Institute per student if they their studies if at all possible. However, were enrolled in all modules. students were not informed of the practice Students, who complained about the and were not given any option to disagree reduced tuition time in their courses or or have reduced course fees. As well, those at risk of not gaining competency, some students were at risk of failing their were enrolled in this course and provided course because of the reduced tuition with extra support. Because members of provided. the normal educational team usually Staff who refused to cheat their provided the support—often tutors (at half students in this manner were told by their the teacher salary), but sometimes Faculty Head, that the Director of the unqualified administrative officers— Institute had requested the names of students considered the extra tuition to be those unwilling to participate in the part of their normal course and often were practice and would request a personal not fully aware that they were receiving explanation of the reasons for their learning support. (Their enrolment in this decision. All staff in each teaching team Learning Support course forms part of were also directed to sign a document their academic history and can be acknowledging their agreement with the accessed, perhaps to their disadvantage, practice and accepting responsibility for its by employers or other relevant implementation." organizations—example, Universities The letter continues— selecting students for their courses.)" "... my teaching team refused to reduce This practice seems to be extensively used by the tuition time in the course we were the relevant TAFE institute, as the author running—The Certificate in Adult Tertiary states— Preparation (an important access course "... to mask its deliberate reduction of to University for students without formal tuition time to its students." educational qualifications) ... Even though we showed the course was not running at The letter continues— a financial loss, he threatened to withdraw "Potentially, the Institute was able to his bid for State funding and drop the gain double funding for every hour of course from the Institute profile ..." learning support that was provided to This actually did happen. I also have a copy of makeup the shortfall in tuition time of the the document that they were supposed to normal award course. Funding per sign. It was prepared by the office of the student could be claimed for the full faculty head and clearly shows the decrease in tuition time as documented in the syllabus tuition hours. The letter writer also says that and for the number of hours of Learning they have a tape-recording of the relevant Support provided through the course meetings. CNVOC008. This practice can be tracked through CAP, by cross checking syllabus "The practice was still being utilized documents with individual teacher contact when I left in September 1999 ... tuition hours." time had been reduced significantly more than 10%. One teacher of a 'tradey' type The letter writer states further— course at Caboolture campus, informed "Auditors usually require proof of me, during 1999, that he had reduced student enrolment and examination tuition time by more than 20% and had results to validate the authenticity of dropped an important practical course delivery. Obviously, The Short component from the course altogether." Course in Learning Support doesn't have This evidently related to a house building trade examinations. Consequently, auditors are and, as the writer of this letter says, I hope I usually satisfied with an enrolment form in never have a house built by his students. The a module of CNVOC008 and a piece of letter continues— work completed by the student to validate the authenticity of delivery of the "The other practice involves The module/course. Short Course in Learning Support— CNVOC008. This course is free, and open Effectively however, it is possible to to all enrolled TAFE students who have gain maximum funding per student for an difficulties with their learning. It was Institute input of only 1 or 2 hours of funded at $7.03 per SCH. The course had teacher/tutor contact time. It simply 5 Sep 2000 Matters of Public Interest 2891

requires an enrolment form and a Smoking judicious selection of student worksheets." Ms NELSON-CARR (Mundingburra—ALP) The writer states— (12.18 p.m.): Tobacco smoking is the largest single preventable cause of death and disease "I have been informed that Moreton in Australia today. In 1992 smoking was TAFE is another treasury of information estimated to have caused 18,920 deaths in about the operation of this practice." Australia—over nine times the number of road crash fatalities. Of drug-caused deaths, 82% My real concern here is that funds are are due to tobacco, 16% are due to alcohol, being obtained from ANTA for courses and for including road crash fatalities, and 2% are due student hours that are not being delivered. If to illicit drugs, including narcotics, cannabis, this is the case, it should be investigated hallucinogens, stimulants and non-prescribed properly and cleaned up, because there are tranquillisers. Tobacco usage is widespread in many students out there who would like to get the community, with about one quarter of the into TAFE and who would like to do courses adult population smoking regularly. While other that are essential for them to be able to forms of tobacco use, for example, pipes, continue on either into a job or other courses, cigars and chewing tobacco, certainly carry a and it would seem that this practice, if these burden of disease for their users, cigarettes, allegations are true, is stopping that process. because of their frequency of use and depth I was contacted further by staff at another of inhalation, produce far more disease. institute, the Brisbane Institute, and their letter Earlier research in the late 1950s and related to a course in panel beating. There are early 1960s gave clear evidence that smoking different rates of pay if a module is delivered was a cause of disease and death in western off campus or on campus. On campus, I think, society. In July 1957, the US Public Health had a 01 coding for normal delivery and that Service issued its first statement on cigarette would be paid at a certain number of hours. smoking, identifying it as a cause of lung Off campus, which I think has a code of 03, cancer. The major reports of the Royal College really is not funded, but the costs were being of Physicians of London in 1962 and the US fed through to ANTA as though all parts of this Surgeon General in 1964 hailed the module had been taught on campus, not off beginnings of the anti-smoking movement with campus. Hence, it was billed out at, say, the the recognition that smoking was a major 01 level. This is another example of the exact cause of disease. In the foreword to the 1964 issue that was raised by another person. There Report, the US Surgeon General commented are now a number of people who have that— contacted me on this issue. This further "Few medical questions have stirred practice that I have just described in the panel such public interest or created more beating course evidently happens in spray- scientific debate than the tobacco-health painting. The issue that I brought up during controversy". the Estimates committee related to the home decoration courses, so it would appear to be Cigarette use is, therefore, the result of a tragic pretty widespread and to affect a lot of people. accident of history. The true extent of tobacco's health dangers began to emerge I ask the Minister what he and his director- only well after its use was firmly entrenched in general have done about this, because one of the community. This fact, and the fact that these issues has previously been sent to the cigarettes are made by large and powerful CJC, but the CJC responded that it felt that it companies that have gone to great lengths to had been— protect their business interests, have given the introduction of responsible health policy a "... misapplication rather than measure of difficulty unparalleled in the history misappropriation by any individual. In the of public health. circumstances, this aspect of your complaint has been referred to the But far more threatening to the long-term Director-General of the Department of viability of the tobacco industry has been the Employment ..." emergence of the passive smoking issue, which has marked a major turning point in I gather that this was in approximately October public attitudes towards the industry and has last year. To my knowledge, nothing has been mobilised a far greater proportion of the done by either the Minister or his director- community than had previously been prepared general. I think it is important that we know to take a public stance about tobacco. what has occurred and what the Minister has Unequivocal evidence detailing the dangers of put in place to stop this. exposure to tobacco smoke to infants had 2892 Matters of Public Interest 5 Sep 2000 become apparent during the 1970s. For non- Townsville, says that it has been known for smoking adults, the first summary of the decades that smoking damages children. He dangers of passive smoking appeared in 1985 supports the research that gives evidence that and was confirmed the following year by three children's growth is retarded before birth and other independent, authoritative scientific they are prone to intra-uterine death, stillbirth, committees. However, the tobacco industry pre-term birth and sudden infant death. The had long been aware of the threat of passive damage is greater in twins. Exposed in utero, smoking. babies of smokers are admitted more In 1978, a survey had been frequently to hospital as infants and are prone commissioned by the US Tobacco Institute, to gastro-intestinal, respiratory and ear which is the lobbying arm of the US tobacco disease. Their blood pressure is higher in the manufacturers similar to the organisation of first six years of life. Later, they have a the same name in Australia, on future substantially increased risk of learning directions for the industry. Chief among the difficulties and behavioural problems. It is findings was the view in the community that possible that they are prone to cardiac defects, passive smoking might be dangerous. This facial dysplasia and certain forms of childhood meant that the health effects of smoking cancer. A final insult is that they appear more would be of considerable concern to everyone: prone to addiction to nicotine, adding the long- no longer could smokers be said to be established risks of active smoking to their harming only themselves. existing problems. The survey identified the passive smoking In many countries, the prevalence of issue as "the most dangerous development to smoking is much higher in indigenous the viability of the tobacco industry that has yet communities. Aborigines are the least healthy occurred" and went on to suggest— sub-population in Australia, suffering higher mortality and hospitalisation rates than other "The strategic and long run antidote groups and having a decreased life to the passive smoking issue was expectancy. Tobacco smoking is a major developing and widely publicising clear- contributor to death and disease rates among cut, credible, medical evidence that Aboriginal people. Studies in north passive smoking is not harmful to the Queensland, where about 8% of the non-smoker's health." population is Aboriginal and Islander, show Studies have estimated that between one that the rate of smoking in those communities quarter and one third of Australian women is at least twice that of other inhabitants. smoke during pregnancy. Pregnant teenagers In a recent survey of chemicals in are also more likely to be smokers, reflecting meconium, all Aboriginal babies were found to coinciding patterns of high-risk behaviour. have unacceptable levels of cotinine, which is Maternal smoking may predispose the child to the breakdown product of nicotine, in respiratory illness. Parental smoking has been meconium. Because of the prevalence of linked with decreased pulmonary function and smoking and overcrowding in houses, another asthma in children. Smoking during pregnancy survey revealed unborn babies and children to and in the infant's first year of life is considered be exposed passively to the smoke of up to one of the major risk factors for sudden infant sixty cigarettes a day. In our Townsville region, death syndrome. this is reflected in a higher rate of small for Research has suggested that smoking by gestational age babies, stillbirths, sudden either parent during pregnancy is associated infant death and admission for respiratory with a higher incidence of all childhood cancers disease. On the positive side, the Queensland combined, but especially acute lymphocytic Government has funded Australia's first leukaemia and lymphoma. There may be an comprehensive pilot project to help address association between paternal smoking and smoking issues for Aboriginal and Torres Strait brain cancer. Other reported long-term effects Islanders, the Indigenous Tobacco Control of maternal smoking on the infant include Project, which is to run for four years. impairment of behavioural, intellectual and There appear to be many reasons why physical characteristics, including the increased young people are taking up smoking. risk of having a child born with a cleft/lip palate Indigenous youth in Australia are prone to the or cleft palate. A recent study found a strong example of their families and societies in which and significant positive association between smoking is a cultural norm. There appears to cigarette smoking in mothers during pregnancy be no special advertising directed towards and ADD. them by the cigarette industry. In Western John Whitehall, the Director of societies, flagrant advertising towards youth is Neonatology at the Kirwan Hospital in illegal but the industry flouts the laws indirectly. 5 Sep 2000 Trans-Tasman Mutual Recognition (Queensland) Authorisation Bill 2893

Magazines known to be popular with youth fall far short of the labelling compulsorily bear a disproportionate volume of cigarette carried by other drugs and foodstuffs in advertising. Tobacco use is depicted in all but Australia. a small minority of contemporary motion Competing against a lot of anti-smoking pictures. Even movies for children carry measures are the influences orchestrated by inappropriate advertising: 56% of major tobacco companies that encourage smoking. animated feature films feature tobacco use These include their advertising and without any clear messages of any negative promotional activities and lobbying activities long-term effects on health. To give some designed to ensure that Governments take indication of the value that the cigarette minimal or no action that will lead to a industry puts on advertising, it is alleged Arnold reduction in consumption. The political Schwarzenegger received US$500,000 for leverage of the tobacco industry should not be smoking in five movies. underestimated and its lobbying powers have Appropriately, the Queensland State been well documented in Australia and Government is increasing its efforts to stop overseas. young people taking up smoking. On 28 June Of all of the factors that I have listed that 2000, the Health Minister launched a new are known to affect children's likelihood of hard-hitting cinema campaign aimed at smoking, only four are easily controlled. These discouraging young people from are the pricing and advertising of tobacco, the experimenting with tobacco. Queensland was availability of cigarettes, and the provision of also the first State to ban the sale of herbal appropriate education campaigns to target cigarettes to young people, and this was groups. It is good to see that this Government followed up with information kits to retailers. is committed to consulting about the proposed It has been easier for the cigarette plans that they have in place and are industry to court the youth of many developing considering the views and comments of all countries because of less restrictive laws or stakeholders. International research has less determination to apply those laws that confirmed that action in each of these areas is exist. In Asia, there has been prominent likely to contribute to a decline in smoking sponsorship of sport and social events and prevalence among teenagers. To include distribution of samples and logo-bearing youth as part of a comprehensive tobacco clothes. Huge amounts of money are being control program is more likely to have an spent. In 1996 alone, the giant international impact on their smoking behaviour than company Philip Morris is believed to have targeting youth in isolation. It would appear spent US$813m in overseas advertising. In necessary for individual doctors and their order to circumvent pending legislation, which societies throughout the world— might make it harder for the industry to Time expired. advertise in Asia, it has developed trademark diversification in which a brand name of TRANS-TASMAN MUTUAL RECOGNITION cigarettes is licensed to other products, for (QUEENSLAND) AUTHORISATION BILL example, Camel adventure gear clothing in Malaysia. Hon. P. D. BEATTIE (Brisbane Central— ALP) (Premier) (12.29 p.m.), by leave, without The matters about which Dr Whitehall has notice: I move— spoken may give the impression that the ill effects of smoking become evident only in old "That leave be granted to bring in a age. This is certainly not the case. Where are Bill for an Act to authorise the Governor in the major battlegrounds now? There is still Council to make a gazette notice much to be achieved. Removal of the endorsing particular Commonwealth remaining tobacco advertising from television regulations for the Trans-Tasman Mutual screens is an obvious priority, and this has Recognition (Queensland) Act 1999." been addressed by the Federal Government in Motion agreed to. the Tobacco Advertising Prohibition Act 1992. Although many organisations now have First Reading workplace smoking restrictions, many public Bill and Explanatory Notes presented and places, for example, restaurants, hotels and Bill, on motion of Mr Beattie, read a first time. some shopping malls and even the Parliamentary Annexe, still do not. Cigarettes remain relatively inexpensive and widely Second Reading available and despite the packets carrying Hon. P. D. BEATTIE (Brisbane Central— some health and contents information, they ALP) (Premier) (12.30 p.m.): I move— 2894 Trans-Tasman Mutual Recognition (Queensland) Authorisation Bill 5 Sep 2000

"That the Bill be now read a second electrical products. The South Australian time." Government has also requested a permanent Today I introduce a Bill which will allow exemption for sections 15 and 15A of the Queensland to endorse proposed South Australian Summary Offences Act 1953, amendments to the Commonwealth Trans- which prohibit the sale and possession of Tasman Mutual Recognition Act 1997. The Bill offensive weapons and body armour. The ensures that certain legislative amendments to permanent exemption of energy efficiency the Commonwealth Act are carefully labelling from the Trans-Tasman Mutual considered by the Queensland Parliament Recognition Arrangement will ensure that New before they apply in Queensland. In March Zealand manufacturers and importers are 1999, the Legislative Assembly passed the legally required under Queensland law to Trans-Tasman Mutual Recognition comply with Queensland's energy efficiency (Queensland) Act 1999, which made labelling program. Queensland a participating party in the Trans- Also, the permanent exemption of Tasman Mutual Recognition Arrangement. sections 15 and 15A of the South Australian The arrangement provides for the recognition Summary Offences Act 1953 will ensure that within Australia of regulatory standards New Zealand manufacturers and importers of adopted in New Zealand regarding goods and firearms and body armour will not be able to occupations. import these goods into South Australia, and In passing the Queensland Act, this subsequently into the rest of Australia, unless House scrutinised the ability of the provided for under relevant Australian Queensland Act to have sufficient regard to legislation. These permanent exemptions the principle of parliamentary sovereignty. That require the Commonwealth to amend the is, in accordance with the Legislative Permanent Exemption Schedule of the Standards Act 1992 all Queensland legislation Commonwealth Act. Section 45 of the must have sufficient regard to the institution of Commonwealth Act provides that a regulation Parliament. The Queensland Act was may not be made for the purposes of subsequently passed with section 5 clearly permanent exemptions unless all of the upholding the principle of parliamentary participating jurisdictions have endorsed the sovereignty. proposed regulation. Queensland is a participating jurisdiction. Under section 5(1) of the Queensland Act, the Governor in Council may make a gazette The Schedule of the Trans-Tasman notice endorsing a Commonwealth regulation Mutual Recognition (Queensland) before it is made. However, under section 5(2) Authorisation Bill 2000 contains the text of the the Governor in Council may only make a proposed Commonwealth regulations. particular gazette notice under subsection (1) Members should note that the Commonwealth by the express authority of an Act. This section regulations are not endorsed until the ensures that the Queensland Parliament can Schedule is gazetted by the Governor in scrutinise certain Commonwealth regulations Council. Each subsequent proposed before they are made and apply in Commonwealth regulation seeking permanent Queensland. exemptions will be endorsed only after the The Trans-Tasman Mutual Recognition assent of an amendment Act. Each (Queensland) Authorisation Bill 2000 will give amendment Act will amend the Schedule of authority to the Governor in Council to make a the Trans-Tasman Mutual Recognition gazette notice endorsing certain proposed (Queensland) Authorisation Act 2000 as Commonwealth regulations. That is, those passed. which seek to amend Schedule 2 of the The amendments will involve the inclusion Commonwealth Act to permanently exempt of the wording of future proposed energy efficiency labelling and sections 15 and Commonwealth regulations within the 15A of the South Australian Summary Schedule, thereby ensuring that any future Offences Act 1953. Energy efficiency labelling amendments in relation to permanent and sections 15 and 15A of the South exemptions are carefully considered by the Australian Summary Offences Act 1953 have Queensland Parliament before they apply in been exempted from the Trans-Tasman Queensland. Mutual Recognition Arrangement through I want to assure members that the Bill is temporary exemptions. technical in nature, is required under section 5 The Commonwealth has now proposed of the Queensland Act, and will ensure that the introduction of a permanent exemption in Queensland participates in permanently respect of energy efficiency labelling for exempting energy efficiency labelling and 5 Sep 2000 Native Title Resolution Bill 2895 firearms and body armour from the Trans- pastoral leases—the one point plan. In legal Tasman Mutual Recognition Arrangement. I terms, this was absolute lunacy, given the commend the Bill to the House. clear decision of the High Court. By seeking to Debate, on motion of Mr Borbidge, effectively acquire what was now a property adjourned. right recognised in common law the Borbidge Government threatened to expose Queensland taxpayers to billions of dollars of NATIVE TITLE RESOLUTION BILL compensation payments. After two years, four Hon. P. D. BEATTIE (Brisbane Central— months and one week in office, all the ALP) (Premier) (12.34 p.m.), by leave, without Borbidge Government could achieve was to notice: I move— put the mining industry in this State into deep freeze. "That leave be granted to bring in a Bill for an Act to amend the Mineral Prime Minister Howard also tried to get rid Resources Act 1989 and other Acts for of the right to negotiate in his 10-point plan. purposes related to native title." But when he realised he could not get that Motion agreed to. through the Senate, he devised a compromise with Senator Harradine to give States the option of a State-based regime. Immediately First Reading after being elected to Government, I initiated a Bill and Explanatory Notes presented and consultative process to develop better native Bill, on motion of Mr Beattie, read a first time. title procedures for this State and a Queensland State-based regime. We developed a State-based regime that Second Reading maintained rights of negotiation for mining Hon. P. D. BEATTIE (Brisbane Central— leases, but streamlined the process for ALP) (Premier) (12.35 p.m.): I move— exploration. We did not blindly follow the prescription laid down by Howard and "That the Bill be now read a second Harradine. At all times, we sought to deliver an time." outcome that was fair, balanced and in the The Bill I present today seeks to bring to interests of Queensland. final resolution the longstanding debate about Neither the mining industry and the native title in this State. For years there have indigenous representatives got what they been arguments in this House and elsewhere wanted. I was pleased to note this morning, over the appropriate legislative regime to however, that both Terry O'Shane and Michael manage native title processes as they relate to Pinnock have indicated that their respective approvals for mining and exploration activity in organisations—QIWG and the Mining Queensland. People have played politics with Council—are prepared to accept the final the issue at the expense of industry outcome if it is fully implemented. I thank both development and indigenous advancement. It Michael and Terry for their constructive is worth reminding the House of the path we responses to my call last week to work travelled to get to this point. together on this issue. The Wik decision of the High Court in 1996 vastly expanded the scope of native title As time went on, and the Commonwealth in this State well beyond what all advice up to Government dithered with their consideration that point had indicated. Right to negotiate of our legislation, the balance of power in the provisions that related to mining activity on Senate changed and opposition to the Howard perhaps 1% or 2% of the State now suddenly scheme re-emerged. The Howard could apply to more than 50% of the State. As Government, by differentiating between native a consequence, it was likely that most mining title rights which may exist on pastoral leases applications in Queensland would be subject and those which may exist on vacant Crown to a right to negotiate process. That made it land, introduced a new and arbitrary form of imperative to ensure that the right to negotiate discrimination based on tenure. which operated in Queensland was an efficient Queensland would prefer to see a and effective process which could protect consistent scheme applying to all relevant indigenous interests while still allowing tenures—a workable scheme. However, as a responsible mining activity to progress. result of the Howard approach we ended up The Borbidge Government did not take with a dual scheme—one set of standards for this sensible approach of managing the issue. vacant Crown land and one for pastoral lease- Instead, they sought to rid themselves of it by type tenures. Queensland initially applied the seeking the extinguishment of native title on section 43A provisions to make minor 2896 Native Title Resolution Bill 5 Sep 2000 modifications to the right to negotiate for motion to disallow was considered by the mining leases and, for high impact exploration, Senate on 30 August 2000. The Senate replace it with a right to object. By the time it allowed seven of the 13 determinations came to the Senate for consideration, the relating to sections 26A and 43 of the Native critique of Howard's approach was well Title Act. The six determinations that were developed, and the Federal Labor Party could disallowed related to sections 26B and 43A of not endorse a scheme which relied on Section the Native Title Act. The Queensland 43A. We attempted to explain that our alternative State provisions are currently approach was different to that of Howard. We defined by the remaining Act. consulted extensively with indigenous As a result of the disallowance it is representatives and the mining industry necessary to amend the alternative State throughout the development of the model and provisions to extend the section 43 scheme to its subsequent amendment. We retained the apply to all land where native title may exist. fundamental principle of the right to negotiate This will avoid the impractical situation where at the mineral exploitation stage. some land in Queensland is subject to the I notice that Western Australia and the section 43 ASP scheme and some subject to Northern Territory are now claiming that their the right to negotiate administered by the schemes should be passed now that National Native Title Tribunal. In discussions Queensland's is through the Senate. Those with Kim Beazley, I agreed to amend the low other State schemes were aimed directly at impact exploration scheme under section 26A removing the right to negotiate from all levels to bring it up to the standard agreed to of mining activity, something which between all parties in New South Wales. I Queensland never sought to do. Those States table a letter formalising that agreement. I rely almost totally on the provisions of section incorporated that in Hansard this morning. I 43A, which has the problems I have outlined table it as well so that there is a clear above. It is like chalk and cheese. I would now understanding of the agreement that exists like to apprise the House of the technical between Mr Beazley and me. This will require aspects of this Bill. amendments to provide substantive and On 31 May 2000, Queensland obtained procedural rights and acceptable definitions 13 determinations from the Commonwealth that are no less favourable to indigenous Attorney-General under the Commonwealth interests as those in a section 26A scheme Native Title Act 1993 approving the alternative recently agreed between parties in New South State provisions contained in the Mineral Wales. Resources Act 1989 and the Land and The Bill amends the Mineral Resources Resources Tribunal Act 1999. The original Act and the Land and Resources Tribunal Act alternative State provisions sought to modify or to— replace the Commonwealth right to negotiate process under the Native Title Act for the extend the application of the approved following mining tenements— section 43 scheme to apply to all land in Queensland where native title may exist; prospecting permits, low impact exploration permits and low impact incorporate into the section 26A scheme mineral development licences, approved additional substantive and procedural under section 26A of the Native Title Act; rights and acceptable definitions comparable to those proposed in New surface alluvium (gold or tin) mining claims South Wales, which I will describe shortly; and surface alluvium (gold or tin) mining and leases approved under section 26B of the Act; address some minor technical and other matters which have been identified since mining claims, exploration permits, the alternative State provisions were mineral development licences and mining passed. leases approved under section 43 of the Act; and The Bill also amends the Native Title (Queensland) Act 1993 to ensure that the mining claims, exploration permits, State has power to compulsorily acquire native mineral development licences and mining title rights and interests where it has the power leases approved under section 43A of the to acquire other interests in land. Act. New South Wales Provisions The Commonwealth Attorney-General's 13 determinations were subject to a The Carr Government has recently disallowance motion moved in the Senate by reached agreement with the New South Wales the Australian Democrats on 8 June 2000. The Land Council and the Mining Council in that 5 Sep 2000 Electoral and Other Acts Amendment Bill 2897

State to provide a fast-track scheme dealing potential for future State Governments to with low impact exploration. The Federal erode the rights contained within the legislation Attorney-General has already spoken by subsequent amendment. This is often favourably about this scheme. I believe that referred to as the "security" issue. My there are clear advantages in having some Government has consistently stated that we degree of consistency between State-based do not intend to move beyond the scheme regimes that do exist. It seems unfair that a now agreed upon, and I reiterate that State-based scheme in one State provides commitment today. I cannot, of course, speak indigenous people with greater rights than for future State Governments however, and exist just across the border. That is why I that is the basis of QIWG's concern. believe the Northern Territory and Western The simplest way to fix this problem is to Australia should pick up the Queensland maintain the capacity of the Senate to model. I urge the Western Australian scrutinise future amendments to the State Government and Northern Territory schemes. Unfortunately, the Federal Act does Government to pick up the Queensland not currently provide that safeguard, and the model. That will give them a direction in which Federal Government has chosen not to fix that to head. drafting error. So there is that problem. The The main differences between the current possibility does exist for the determinations we Queensland scheme and the New South seek for the State scheme to be conditional Wales scheme are— upon the ongoing consistency of the a four-month period before access is legislation with the principles and standards allowed under a low impact exploration now confirmed in this Bill. In that way, if a tenement. This will allow sufficient time for future Government sought to erode the lodgment and registration of a native indigenous rights by amending this legislation title claim before any consultation about or erode mining rights, they would have the access begins; right to do so, but they would be subject to the same scrutiny of the Federal Parliament to the definition of low impact activities has which this current legislation has been been amended to reflect the New South subjected. Wales definition; My officers will be discussing these issues entry to land under a low impact with QIWG tomorrow. We will actively explore exploration tenement is conditional upon the opportunities to develop conditional an access agreement being negotiated determinations to replace the current between the holder and each native title determinations. These would be designed to body corporate or each registered native achieve security from unilateral amendment in title claimant; the future, while not inhibiting the operation of if an access agreement cannot be the Queensland State-based regime as soon negotiated after two months the matter as it has been proclaimed and gazetted. I may be referred to the Mining Registrar commend the Bill to the House. for mediation between the parties for one Debate, on motion of Mr Borbidge, month and, ultimately, to the Land and adjourned. Resources Tribunal for a decision if necessary; and if the access agreement proceeds to ELECTORAL AND OTHER ACTS arbitration, then the tribunal must also AMENDMENT BILL determine the compensation payable for Hon. M. J. FOLEY (Yeronga—ALP) the impact of the exploration tenement on (Attorney-General and Minister for Justice and native title. Minister for The Arts) (12.47 p.m.), by leave, This Bill implements changes which will without notice: I move— make the Queensland section 26A scheme "That leave be granted to bring in a fully consistent with the New South Wales Bill for an Act to amend the Electoral Act scheme. As I said, it has made our model a 1992, the Local Government Act 1993 model that should be followed by the rest of and the Referendums Act 1997." Australia. Motion agreed to. Security Throughout the debate about First Reading Queensland's State-based regime, one of the primary concerns of the Queensland Bill and Explanatory Notes presented and Indigenous Working Group has been the Bill, on motion of Mr Foley, read a first time. 2898 Electoral and Other Acts Amendment Bill 5 Sep 2000

Second Reading candidate in that group of candidates, the card Hon. M. J. FOLEY (Yeronga—ALP) must state the group's name and be (Attorney-General and Minister for Justice and authorised by a candidate in that group. These Minister for The Arts) (12.48 p.m.): I move— new identification requirements will be in addition to the present requirement that "That the Bill be now read a second electoral material, including how-to-vote cards, time." state the name and address of the person This Bill fulfils an undertaking that the who authorised it. They are designed to Government made to the Parliament earlier ensure that voters are left in no doubt as to this year. We promised then that we would the real source of a how-to-vote card. introduce reforms to how-to-vote cards to improve the quality of information that voters The Bill will also insert a new Division 4 in receive before they cast their vote at State and the Electoral Act which will establish a right of local government elections. We also undertook appeal from the Court of Disputed Returns to to amend the Electoral Act 1992 to allow the Court of Appeal. This will provide greater appeals on questions of law from decisions of procedural justice to the parties and enhance the Court of Disputed Returns. Both these public confidence in the outcome of electoral measures were recommended by the all-party disputes. It is recognised, however, that it is in Legal, Constitutional and Administrative the State's interest that, following a general Review Committee in its report Issues of election, Parliaments and Governments are electoral reform raised in the Mansfield able to get on with their business as quickly as decision: Regulating how-to-vote cards and possible. Queensland electors should not be providing for appeals from the Court of left without representation for longer than Disputed Returns. necessary. Accordingly, the Bill balances the need to provide procedural justice to the That report substantially endorsed parties with the need to provide a speedy suggestions made by Mr Justice Mackenzie resolution to electoral disputes. sitting as the Court of Disputed Returns in his decision on the challenge to the Mansfield The grounds of any appeal will be limited result following the last State election. In our to questions of law. In addition, a party which response to the report, the Minister for wishes to appeal a decision will have a time Communication and Information, Planning and limit of seven days within which to file a notice Local Government and Minister for Sport and I of appeal. The court will also be required to stated that legislation implementing three key deal with such appeals as expeditiously as recommendations of the report would be possible. In my response to the committee's introduced this year. This Bill gives effect to report, I foreshadowed that a mechanism those recommendations. would also be provided to allow the Court of It will amend the Electoral Act and the Disputed Returns to state a case for the Court Local Government Act by imposing new of Appeal. Following further consultation with party/candidate identification requirements on the judiciary, it was decided that such a how-to-vote cards distributed during the provision would not be useful in this context election period. The requirements will apply to and it has not been included. all State and local government elections. The The Bill contains an additional amendments substantially follow the draft amendment to the Electoral Act which does legislation recommended by the committee. If not arise from the report. This amendment will a card is authorised for a registered political allow an earlier date for the return of a writ for party or a candidate endorsed by a political an election to be substituted for the original party, the name of the party on whose behalf specified date. The purpose is to enable an or on whose candidate's behalf they are being early recall of the Legislative Assembly in distributed must now be stated on the card. If situations where this may be necessary or the cards are authorised for a candidate who is desirable. For example, if there is political not a party candidate, the card will have to uncertainty following an election, a new state the candidate's name and the word Government may wish to confirm it has the "candidate". confidence of Parliament by testing its position In relation to local government elections in the House. The Bill also amends the only, there are some additional requirements Referendums Act by providing an appeal to take account of local government election regime similar to the Electoral Act. This was practices. In local government elections, if the not specifically recommended by the card is issued on behalf of a group of committee's report, but it is necessary to candidates not endorsed by a political party maintain consistency between these two but which has a group name, or for a pieces of legislation. 5 Sep 2000 Health Practitioners Registration Bills 2899

There has been much said in this dental prosthetists, and for other Parliament in recent years about the need to purposes; raise the standards of election campaigning a Bill for an Act to amend certain Acts and protect Queensland voters from administered by the Minister for Health misleading electoral material. Until now, the relating to health practitioners, and for problem has been to develop workable other purposes; legislation that will achieve these goals. The new how-to-vote card requirements are simple a Bill for an Act to provide for the but practical reforms that will be certain in their registration of medical practitioners, and application and assure voters and candidates for other purposes; of fair play. Together with the new appeal a Bill for an Act to provide for the provisions, these measures will be a significant registration of medical imaging step forward in maintaining appropriate technologists, nuclear medicine standards of honesty in election campaigning technologists and radiation therapists, and enhance public confidence in the integrity and for other purposes; of the electoral process. I commend the Bill to a Bill for an Act to provide for the the House. registration of occupational therapists, Debate, on motion of Mr Springborg, and for other purposes; adjourned. a Bill for an Act to provide for the registration of optometrists, and for other purposes; CHIROPRACTORS REGISTRATION BILL a Bill for an Act to provide for the DENTAL PRACTITIONERS REGISTRATION registration of osteopaths, and for other BILL purposes; DENTAL TECHNICIANS AND DENTAL a Bill for an Act to provide for the PROSTHETISTS REGISTRATION BILL registration of pharmacists, and for other HEALTH PRACTITIONERS LEGISLATION purposes; AMENDMENT BILL a Bill for an Act to provide for the MEDICAL PRACTITIONERS REGISTRATION registration of physiotherapists, and for BILL other purposes; MEDICAL RADIATION TECHNOLOGISTS a Bill for an Act to provide for the REGISTRATION BILL registration of podiatrists, and for other OCCUPATIONAL THERAPISTS purposes; REGISTRATION BILL a Bill for an Act to provide for the OPTOMETRISTS REGISTRATION BILL registration of psychologists, and for other purposes; OSTEOPATHS REGISTRATION BILL and a Bill for an Act to provide for the PHARMACISTS REGISTRATION BILL registration of speech pathologists, and PHYSIOTHERAPISTS REGISTRATION BILL for other purposes." PODIATRISTS REGISTRATION BILL Motion agreed to. PSYCHOLOGISTS REGISTRATION BILL Mr DEPUTY SPEAKER (Mr Mickel) read 13 messages from His Excellency the SPEECH PATHOLOGISTS REGISTRATION Governor recommending the necessary BILL appropriations. Cognate Debate Hon. W. M. EDMOND (Mount Coot-tha— First Reading ALP) (Minister for Health) (12.53 p.m.), by leave, without notice: I move— Bills and Explanatory Notes presented and Bills, on motion of Mrs Edmond, read a "That leave be granted to bring in a first time. Bill for an Act to provide for the registration of chiropractors, and for other purposes; Second Reading a Bill for an Act to provide for the Hon. W. M. EDMOND (Mount Coot-tha— registration of dental practitioners, and for ALP) (Minister for Health) (12.58 p.m.): I other purposes; move— a Bill for an Act to provide for the "That the Bills be now read a second registration of dental technicians and time." 2900 Health Practitioners Registration Bills 5 Sep 2000

Sitting suspended from 12.59 p.m. to During the course of the review of health 2.30 p.m. practitioner legislation, four public consultation Mrs EDMOND: The legislation I have documents have been released, over 5,000 introduced today, comprising 13 profession copies of those documents have been specific Bills and a small amending Bill, disseminated throughout the community and represents the second stage in the over 450 public submissions have been comprehensive reform of the laws dealing with carefully considered. In addition, intensive the registration of health practitioners in consultation has occurred with registration Queensland. The Bills replace 11 health boards, peak professional associations, practitioner registration Acts and amend the unions, health consumer groups, the Health Health Practitioners (Professional Standards) Rights Commissioner and various expert Act 1999 and various other Acts. advisory bodies. The Bills provide for the ongoing Most recently, key stakeholders were regulation of all the health professions which provided with an opportunity to comment on are currently registered in Queensland. the workability of exposure drafts of these Bills. However, chiropractors and osteopaths will be The legislation being introduced today registered as separate professions for the first incorporates various refinements made to time. In addition, the Medical Radiation address issues raised during that process. As Technologists Bill provides for the registration a result of the comprehensive consultation of nuclear medicine technologists, radiation process undertaken, the Parliament is being therapists and medical imaging technologists presented with high-quality legislation for which for the first time in Queensland. The there is a high degree of support. Although registration of these practitioners will provide complete consensus across such a diverse for a higher degree of public protection and range of professions and issues is difficult to also implement a longstanding national achieve, I have been very encouraged by the agreement to facilitate the operation of mutual many positive comments made about this recognition for these professions. legislation. The Bills address, in a largely uniform The legislative review process has been way— very beneficial to the health care community. There is now a more sophisticated the constitution, functions and powers of understanding of the law in respect of registration boards; occupational regulation, and closer registration criteria, categories and relationships have been fostered between the processes; health professions and with consumer and business and commercial issues, such as community groups interested in health issues. advertising; Health practitioners have been regulated practice issues; under Queensland statute since 1861. Indeed, restrictions on the use of professional the first health related Bill to be debated in this titles and related matters; and place was concerned with the regulation of medical practitioners and pharmacists. As various miscellaneous issues, such as honourable members would be aware, the keeping registers. current Medical Act is over 60 years old and These Bills complete the establishment of there is no doubt that the Medical Act, along a new scheme of health practitioner legislation with the other health practitioner registration in Queensland. As honourable members Acts, requires a complete overhaul. Although would be aware, in 1999 the Parliament the health practitioner Acts have been enacted the first part of the scheme—the consolidated or amended on many occasions, Health Practitioners (Professional Standards) they nevertheless contain numerous Act 1999 and the Health Practitioner deficiencies of a technical and policy nature. Registration Boards (Administration) Act 1999. The current health practitioner registration That legislation broke new ground in the Acts have not kept up with changes in the regulation of health practitioners and these health professions, nor do they adequately Bills are further evidence of the Government's reflect contemporary expectations about the unequivocal commitment to the protection of regulation of the professions. In particular, in health consumers. these times of community concern about The Bills introduced today are the accountability, the current Acts are seriously outcome of an unparalleled public consultation inadequate in respect of the degree of public process, involving thousands of individuals and involvement in the operations of the organisations, over a seven-year period. registration boards. The Acts also fall down in 5 Sep 2000 Health Practitioners Registration Bills 2901 respect of the statutory reporting requirements is to protect the public, uphold standards of and the Minister's powers to direct the boards practice within the professions and maintain in the public interest. public confidence in the professions. These Further, the Government is concerned Bills have been introduced to advance and that the current Acts do not enable the boards protect the public interest. to fulfil their responsibilities to protect the In this place almost 70 years ago, one of public. For example, under the current Acts my predecessors, the Honourable E. M. there is little capacity to impose conditions on Hanlon, MLA, made the point that boards are registrants and registration is effectively "for established in the public interest to administer life". Also, the current legislation unreasonably a system of occupational regulation on behalf restricts business and commercial activities of the Government. This principle is preserved with no health benefit for the public. Of in the Bills I have introduced today. Each Bill particular concern to the Government is the establishes a board that will be responsible for fact that the provisions of the current Acts do administering the relevant Act. The boards' not conform with current drafting practice or functions are specified in the Bills and fundamental legislative principles, especially in include— respect of the matters dealt with by assessing applicants and registering subordinate legislation. persons under the Act; Finally, the Government considers that maintaining a register of registrants; there are a number of unnecessary differences between the Acts regulating the various promoting high standards of practice by professions and that these differences largely registrants; reflect the times at which the Acts were drafted encouraging continuing professional rather than any sound policy rationale. Each of education for registrants; these issues is effectively addressed by the conferring and cooperating with interstate Bills. registration authorities, educational To the greatest extent possible, these institutions and other relevant bodies; Bills adopt a uniform approach to matters informing registrants and the public about common to the registered professions—that is, the legislation; and the Bills are based on standard provisions that have been modified, where necessary, to advising the Minister about the operation address any profession specific issues. The of the legislation. attachment to the Explanatory Notes provides The Bills provide for the Governor in a comparative summary of the provisions of Council to appoint between seven and 11 each Bill. A uniform approach is in the interests members to each registration board. Also, of consumers and registrants alike. It will there is a requirement for each board to facilitate statutory interpretation and day-to-day contain a mix of registrant and public members administration of the legislation by the Office of and a lawyer. Health Practitioner Registration Boards. The Government acknowledges that for The power to make laws regulating the the regulatory system to be effective it must health professions is one of the most take into account the experience, values and important mechanisms available to the State views of the professions. In recognition of the to direct the health care system. Through this importance of the boards having a thorough legislation the Parliament effectively sets the understanding of the professions, the Bills ground rules about the nature and quality of require a majority of the members of each the professional services available to health board to be registrants. Also, the chairperson consumers. of each board must be a registrant. It is necessary to set the record straight Honourable members would be aware with respect to the purpose of occupational that health consumers are demanding an regulation legislation. If one reads the Hansard active voice in the regulatory process and that regarding the statutory regulation of health this trend will continue. People want to be practitioners in Queensland, one might involved in their health care choices, and erroneously conclude that laws have been public participation in regulatory matters is enacted in order to protect the interests of the seen as an integral part of the accountability professions, to confer status or to encourage process. However, experience has shown that or restrict the development of a particular a single public member can readily become professional group. The Government has no isolated on a board of health practitioners and such objectives for these Bills. As the objects can experience difficulties effectively clauses indicate, the purpose of this legislation communicating their understanding of the 2902 Health Practitioners Registration Bills 5 Sep 2000 broader community's perspective on issues. public interest and there is a requirement to The Government has responded to community publicly report on all directions given to the demands for greater involvement in the boards. regulation of the professions by requiring two I reiterate that all of the health professions members of the public on all registration that are currently regulated by the State will boards. The increase in public membership is continue to be regulated under these Bills. In one of the key reforms in the Bills. It will make addition, medical radiation technologists will be the boards more accessible, more credible, regulated for the first time. The decision to fairer adjudicators and impartial registration regulate these professions has been taken authorities. Public members will provide a wider having regard to the costs and benefits for the perspective in decision making, removing the community as a whole. The Government is potential for uncritical acceptance of the satisfied that the regulatory system established professional view of an issue. by these Bills yields a higher level of net Importantly, an increase in public benefits than alternative systems. membership is essential to ensuring the The legislation deals as directly as optimal workability of the Professional possible with the various regulatory issues Standards Act. Honourable members will recall considered by the review. For example, rather that the registration boards have significant than restricting the ownership of health responsibilities under that Act in respect of the practitioners' businesses to registrants, the Bills receipt, investigation and prosecution of create a major offence for persons directing or complaints regarding registrants. Given the inducing registrants to do something that grounds for disciplinary action under that Act, would constitute grounds for disciplinary action. and particularly the test for "unsatisfactory This could involve imposing an unreasonable professional conduct", the Government quota on the number of consultations to be considers it very important for the boards' undertaken, restricting the length of decisions in respect of these matters to be consultations, requiring the use of inferior informed by the views of the public members. equipment or products or encouraging The Government has maintained the overservicing. Under the Bills, a person found tradition of professional involvement in the guilty of this offence could be prohibited by a nomination of board members. However, I court from carrying on or managing a business stress that while professional associations, providing a health service. The Government is educational institutions and community confident that this offence will effectively organisations will be important sources of ensure that clinical decision making by nominees for board membership, all board registrants is not subject to unreasonable members must act only in the broader public pressures from business owners and interest. It is not appropriate for board managers. members to have regard to the interests of Where possible, the Bills also eliminate their nominating body, or individual members unnecessary red tape for health professionals. of that body, in undertaking their statutory For example, the requirement for business functions. Further, in order to maintain public names to be approved by the boards has confidence in the regulatory scheme, board been repealed. Also, the existing registration members must conduct themselves so as to categories have been simplified and the Bills ensure there is no potential for the role of the provide for provisional registration in order to board to be confused with that of a expedite the registration process. professional association. As the Bills make clear, the board must act in a way which is Although the total number of Acts dealing impartial, independent of the interests of the with the regulation of health practitioners has professions and in the public interest. increased overall, a reduced regulatory burden The board's accountability under the is achieved by the legislative scheme. This is legislation is also strengthened through revised achieved, in part, by the repeal of provisions meeting procedures, requirements for which are unjustifiably anti-competitive or declarations of interest by board members and otherwise impose unnecessary restrictions on more comprehensive annual reporting business. The restrictions on advertising have obligations. To further enhance accountability, been one of the first matters to come under the Minister has an explicit statutory power of attack in external reviews of the regulation of direction over the boards in relation to their the professions. There is no doubt that some activities. However, the Minister does not have regulations in this area have been anti- the power to give a direction in respect of the competitive and not in the public interest. registration of an individual. Importantly, the Honourable members would be aware Minister's powers may only be exercised in the that at the time the review of this legislation 5 Sep 2000 Health Practitioners Registration Bills 2903 commenced there were some excessive consumers, this approach substantially lowers restrictions on health practitioner advertising. costs for health consumers in finding For example, there were restrictions on the appropriately qualified practitioners. The Bills size of lettering on signs, telephone directory establish major offences for persons who are entries, the illumination of signs and, most not registered holding themselves out to be inappropriately, prohibitions on the advertising registered or using certain protected of prices. In more recent times, most of the professional titles. It will also be an offence for boards have liberalised the restrictions on a person who is not a registrant to claim to be advertising to a considerable degree. authorised or qualified to practise the relevant Nevertheless, the Government considers that profession. the Parliament, rather than the boards, should Appropriate enforcement and determine the nature and breadth of any investigation powers are essential to the limitations on health practitioner advertising, effectiveness of a regulatory scheme and, having regard to the objects of the legislation ultimately, provide a means of ensuring that and, in particular, the protection of the public. the policy objectives of the legislation are The Government has taken a sensible being achieved. Accordingly, the Bills provide and moderate approach to the regulation of conservative but appropriate investigation advertising. The Bills are focused on fair powers. With respect to enforcement, a trading principles, the provision of adequate regulatory scheme will not be effective unless it information to consumers and the protection of is enforced by appropriate sanctions. I draw the public. For example, advertising which is the attention of honourable members to the false, misleading or deceptive or which substantial penalties applicable to the major promotes a harmful or potentially harmful offences under the Bills. For example, the service is outlawed. These laws will prevent illegal use of professional titles and aiding and consumers being misled by false and abetting conduct that is a ground for spectacular claims of miracle cures and the disciplinary action both attract a maximum fine like. of 1,000 penalty units. In some cases this represents a one hundred fold increase in the I draw the attention of honourable current penalties for illegal use of professional members to the fact that the penalties for titles. The Government considers these illegal advertising have been significantly penalties are justified as they are pivotal to the increased under the Bills and will now be achievement of the objectives of the uniform for all professions. For example, there legislation. is a fifty-fold increase in the penalties for illegal advertising by pharmacists and a forty-fold A substantial portion of the Bills is increase for dentists. devoted to the eligibility criteria for registration, procedural matters regarding registration and The Government's approach to the issues regarding renewal of registration. The regulation of health practitioner advertising will effective operation of these provisions is vital put to rest the longstanding criticism that to achieving the objectives of the legislation. restrictions of this kind are primarily designed to serve the interests of the profession. The The Bills significantly enhance the existing restrictions in the Bills are the minimum registration model by simplifying the eligibility necessary to achieve the objectives of the criteria for registration, giving the boards legislation and are justified in the public appropriate powers to enable them to interest. thoroughly assess applications for registration and empowering them to impose and review On a related matter, consumers are conditions on registration. The power to entitled to adequate information to enable impose conditions will enable the boards to them to make informed decisions in respect of register practitioners to practise safely within their health care. The registration system their abilities and ensure compliance with anti- contributes substantially to consumer choice discrimination laws. through reserving for registrants the right to use certain professional titles, such as As a major goal of the regulatory system "medical practitioner" or "dentist". For the is to ensure that standards of practice within ordinary consumer, the regulation of the use of the professions are maintained on an ongoing these titles enables them to readily identify basis, the legislation also focuses upon the who is, or is not, a registrant. For example, processes for renewal of registration and only a person who is registered with the strategies to facilitate the ongoing competence Physiotherapists Board of Queensland is able of registrants. to lawfully call themselves a physiotherapist. In It is essential that regulatory systems addition to addressing information gaps for monitor the competence of existing 2904 Health Practitioners Registration Bills 5 Sep 2000 practitioners. This issue has been Acts. I draw the attention of honourable comprehensively dealt with under the members to an amendment that will be made Professional Standards Act in relation to to the Health Practitioners (Professional disciplinary and impairment matters. In Standards) Act 1999 by this Bill. Specifically, all addition, this legislation takes an innovative registrants will have a duty to advise their but incremental approach to this issue in two board if they are convicted of an indictable or important respects. Firstly, the Bills introduce practice related offence, or if they are the the concept of "recency of practice" for the subject of disciplinary or other action by a renewal of registration. If a registrant is unable regulatory body in another jurisdiction, or a to demonstrate "recency of practice", that is, party to a judgment or settlement of an ongoing connection with the profession, the proceedings involving negligence. This duty will board may impose conditions on the effectively increase the degree of public registrant's registration in order to address the protection afforded by the legislative scheme. issue. For these provisions to be triggered, As I indicated earlier, there is widespread regulations need to prescribe what, in effect, agreement that the existing health practitioner constitutes "an adequate connection with the legislation is inadequate and that new profession". The Government recognises that legislation is needed as soon as possible to there will need to be a comprehensive provide an appropriate level of consumer assessment of the issues in the development protection. of these regulations. In order to expedite the introduction of Secondly, the boards will have a these Bills, it has been necessary to defer new discretionary function to encourage registrants legislation for the ownership of pharmacies to undertake continuing professional and the restrictions on the scope of certain education. While the Government considers professional practices. Under the Bills, the CPE is a highly desirable strategy for current restrictions on pharmacy ownership maintaining standards within the professions, and restrictions on practice under a number of participation in CPE will not be mandatory for the current Acts are saved pending the registration at this time. However, the Bills completion of the National Competition Policy include strategies to encourage CPE. For reviews regarding these issues. example, a registrant who satisfies the requirements of a board-endorsed CPE These Bills represent a milestone in the program will be permitted to advertise this fact. reform of the regulation of health practitioners This innovation will give consumers additional in Queensland. The Bills enhance the information to assist them in choosing a health regulation of the professions for the benefit of practitioner. the community as a whole and affirm the State's responsibilities in this area. The This legislation directly affects over 30,000 Government wishes to acknowledge the efforts registered health practitioners, including of many individuals and organisations who specialists. These people will automatically have worked towards this important goal over continue to be registered under the new the last seven years. legislation and subject to the new scheme. As the most significant provider of health In concluding, I would also like to pay services in the State, the Government has a particular tribute to the individuals who have substantial interest in ensuring that this contributed their time and effort to board and legislation operates as efficiently as possible committee work. As the fees paid for this work and does not unnecessarily restrict the supply rarely fully compensate members for their lost of health practitioners. To this end, the earnings, a significant component of board educational qualifications for registration will, in work is altruistic. Many board members have the main, be prescribed by regulation on the been involved in the development of this advice of the relevant board. This approach will legislation and I am pleased to personally enable the Parliament to ensure that entry thank them and acknowledge their efforts. I level qualifications are limited to those that are would also like to place on record my essential to ensure competence in the relevant appreciation of the Queensland Health staff occupation. The Government does not who have worked on this project for so long consider it is in the public interest for entry and at times, I guess, have been frustrated at standards to be artificially raised for the the length of time it has taken to get into this purpose of limiting the numbers of persons House. entering into a profession or raising its status. I am delighted that the Bill is here now. I The Health Practitioners Legislation commend the Bills to the House. Amendment Bill makes a number of routine Debate, on motion of Miss Simpson, and consequential amendments to various adjourned. 5 Sep 2000 Water Bill 2905

WATER BILL blooms and so on in Queensland. We have all Second Reading seen the disputes that have developed in some areas over the allocation of water Resumed from 22 June (see p. 1895). amongst the various users. We have heard Hon. V. P. LESTER (Keppel—NPA) the warning bells in our own State. No-one (2.55 p.m.): I have to say at the very outset wants to go down that track. We need that members of the Opposition are somewhat sustainable water management. We need concerned and alarmed that we have been sustainable water infrastructure development. presented with some 63 pages of We need a fair and transparent method of amendments. The Minister was kind enough allocating water amongst the range of to give these to me this morning and I thank demands for it. We need a legislative him for that. However, trying to sort all of this framework that can deliver on those objectives. out and trying to see whether or not there is This Bill should have been it, but this Bill does some little hidden snag in there is quite a job. I not seem to be it. have to wonder about the efficiency of the department when, at the very last moment, so We are well ahead of the southern many of these sorts of amendments are States, and we have the opportunity to keep it placed before us. A number of them are that way and improve the management of our administrative, but quite a few have a bit of water resources and develop them further. sting in the tail. So we shall comment later on Although in recent times Queensland has that as we have more opportunity to have a borne a lot of criticism for its record on water look at the amendments. resources, it is fair to say that much of that criticism has focused on our involvement in the This Bill is one of the most significant Murray-Darling Basin and the wish of the pieces of legislation this sitting of Parliament southern States that we restrict our will debate. As the Minister pointed out in his development to somehow help compensate second-reading speech, it is the first overhaul the dramatic overallocation of their own of Queensland's water laws for 90 years. resources. That is not to say that we can Australia is one of the driest continents in continue development unabated. However, we the world and indeed Queensland experiences should not have to forgo the benefits to this perhaps the most variable climate in the State simply to ease another State's failures to country. So often our climate is dominated by take its own corrective actions. It is their extremes of drought or flooding rains. While problem and they should try to fix it; it really our State is blessed with enormous mineral was not our fault in the first place. deposits, rich soils and wide expanses of It is worth noting that, on the whole, our forest, it is water that is without a doubt our catchments are in far better shape than many most precious and most valuable resource. It of those in the southern States. It is also worth is water that supports our cities and towns, our pointing out that there are still enormous farms, our mines, our industries and the opportunities for the development of water environment we live in. It is, therefore, resources in this State—not only new water essential that we have a system of managing infrastructure but also schemes to use existing that water which provides for the host of water supplies better, to recycle water and to competing demands on what is, for all intents use it more efficiently. The former coalition and purposes, a finite resource, a system that Government recognised the potential of our ensures the sustainable management of the water resources and committed to one of the environment, a system that supports our most exciting development programs in this communities and industries and a system that country's history. The $1 billion Water will provide for the continued development of Infrastructure Development Strategy provided our State. a blueprint for Government to determine the The Minister laboured the importance of priorities for water infrastructure development sustainable water management in his second- and then provide the platform to set about reading speech and the fact that this Bill will, developing those projects. The Beattie Labor for the first time, enshrine a principle of Government inherited that work. However, it sustainable water management in statute. did not value it and has done nothing with it. It That is a principle which the Queensland was discarded in favour of endless review after coalition wholeheartedly supports and one endless review. In fact, since the election of which I think every responsible Queenslander the Beattie Government, not one new water supports. We have all seen the experience of infrastructure project has been initiated, the southern States. We do not want to planned or even contemplated. When it recreate the problems they have experienced comes to water infrastructure, the Beattie of over-allocation, of salinity, of regular algal Government is a can't do Government. 2906 Water Bill 5 Sep 2000

For reasons unknown to many, the self- the assessment of future investment in water proclaimed jobs, jobs, jobs Government infrastructure, trading in water entitlements, refuses to commit to the enormous institutional reform and improved public opportunities available to create jobs and consultation. Of course, the then Goss and facilitate regional development through Keating Labor Governments' zealous pursuit developing water infrastructure. Projects that of National Competition Policy meant that the were being progressed under the former implementation of water industry reforms, Borbidge Government have now been axed, according to that agreement, were tied to NCP delayed or reviewed. The St Helens Creek payments. That meant that Queensland had dam, the Nathan dam, the Finch Hatton Creek to conform or it would potentially miss out on dam, the Flinders River dam, the St George NCP payments worth millions of dollars. So in off-stream storage and the raising of the many ways, it is fitting that it is another Labor Walla, Bucca and Jones Weirs on the Burnett Government that is now presiding over the River have all fallen victim to the Beattie offspring of this NCP commitment. Government. Aside from the COAG agreement, there Even the Premier's promise, made when has been growing awareness of the need for he was in Opposition, to construct the an improved system of managing our water Paradise dam in the Bundaberg region within resources. As development has continued and five years has been broken, as the Minister for the demand for water has increased, the Natural Resources and the Minister for State shortcomings of the existing water laws that Development have fumbled the ball. The have served the State for 90 years have member for Bundaberg knows all about that. become increasingly apparent to both the Indeed, I am sure that she is not too happy Government and the community. As such, with them. She will have to answer to her there have been calls from the farming sector, constituents as to why she has failed them by from the environmental sector and from the allowing the Beattie Government to break its general community for a better method of promises, just as every other member of the allocating water to the community and the Government—and particularly those who environment. Against that backdrop, the represent regional areas where water is Beattie Government had a unique opportunity desperately needed to establish new to undertake one of the most significant industries, to maintain existing industries and overhauls of water management in this State's to create new jobs—will have to answer to the history and to do it with the broad support of all people of their electorates. stakeholders. Unfortunately, in large part this Under the Beattie Government, the Bill represents a lost opportunity. Despite the development and improvement of our water broad acknowledgment by much of the resources has ground to a halt. As a result, the community that the existing water laws were development of new industries and the becoming inferior and the broad consensus for creation of thousands of new jobs has been an overhaul of those water laws, somewhere frozen. The Minister for Natural Resources has along the way in the drafting of this Bill the attempted to excuse his Government's Beattie Government has left much of the inaction by citing the need for thorough community behind to the point at which there environmental assessments and sound is now strong opposition in many quarters to planning. No-one can reasonably argue that this Water Bill or to particular elements of it. our water resources should not be managed Some people in the Government's circle, sustainably. As I said earlier, that is a principle including the Minister, have bragged that, that the Queensland coalition is committed to. through this Bill, Queensland has done in 18 However, the coalition, rural industry and months what it has taken up to five years to do regional communities object when the Beattie in the other States of Australia. However, in Government tries to hide behind the rushing the development of this Bill, some very environment or put up hurdles whenever the important issues have not been addressed management of our water resources or water fully, or even addressed at all. Some big short infrastructure is canvassed. All too often the cuts have been taken, the results of which are current Minister does that, and again we see only really starting to bite the Government that borne out in this Bill. now. Some of those problems can be traced The 1994 water reform policy agreed to back to the haste and manner in which this Bill by the Council of Australian Governments—or was developed. COAG—provided added impetus for the It is a point of some notoriety that we now overhaul of Queensland's water laws. That know that the Minister commissioned a former agreement adopted a new framework to cover public servant, now practising as a consultant, natural resource management, water pricing, to draft this Bill at a cost of $2.7m. We know 5 Sep 2000 Water Bill 2907 that the contract involved performance we have to remember that a system of water bonuses for the completion of the Bill by management has been in existence in this certain deadlines. I think that is an outrageous State for the past century. We have to precedent to be set for the development of remember that the system was introduced and any legislation, let alone for such wide-ranging reinforced by successive Governments of all and significant changes as are proposed in persuasions. We have to remember that there this Bill. In terms of all of these amendments, I has been a set of rules under which both have to ask why that occurred. That, together Government and the community have played with the fact that the Minister authorised the the game. We have to remember that the expenditure of $2.7m of taxpayers' money on stakes involved have been and remain very a job that his department should be more than high. Water does not come cheap. While there well equipped to do, demonstrates an almost has been a COAG inspired push towards what cavalier attitude to policy development which, is now being called "full cost recovery", we to my knowledge, has not been matched by cannot discount the fact that in many cases any Minister ever. developing a water licence requires a heavy In fact, a lot of public servants around investment. town must be thinking they are in the wrong All over the State industries have grown game when there are consultancies as around secure water supplies. Industries and lucrative as this one being bandied about by communities have played their part in that the Beattie Government. And it is not as if development as well. Water is life and there either of the Minister's departments is flush are myriad examples across the State of with financial resources. I am sure that there where a reliable water supply has led to the are plenty of good causes around to which the growth of vibrant communities. That Minister could have allocated that $2.7m. But development has not just happened; it has with this sort of approach to legislative reform it come at a cost and it has depended on one is little wonder that some issues and the thing—security. concerns of some people have apparently been glossed over. It is little wonder that the I imagine it would be so much more department has now been left to grapple with simple if the Government could, with the the implementation of a reform process which benefit of hindsight and the benefit of the it had little input into developing. knowledge and the technology available today, simply start from scratch and draw up a The Opposition has consulted widely in new way firstly to establish how big the pie is developing its response to the Bill. We have and then how best to cut it up so as to cater talked to a large range of stakeholders, for all of the competing demands for the including those who have a direct involvement resource. In many ways that seems to be the in the water industry as irrigators, to the people context under which this Bill has been in the communities that depend on water for developed. But whether the Minister or his their living, and to those who may not have a Government like it or not, that is not the case direct stake as such but who want to ensure and cannot be the case. that our rivers and waterways are managed in the most environmentally sustainable way. The biggest drawback with the Water Bill After all this consultation and after studying the as it has been presented is that it lacks the Bill and its background, one thing has become one crucial element—security. This Bill wants obvious. It seems that what the Bill has set out simply to write off the system that has been to achieve is the introduction almost overnight operating for the past century. It seems to be of the most all-encompassing reforms to the trying to forget that the State of Queensland way our water is managed. has issued water licences over many years and that many of those had a requirement What we have before us is a bells and imposed by Government that they be whistles piece of legislation which sets out to developed. It seems to try to discount the achieve COAG's objectives and the most resultant investment that has been made on sustainable method of managing our thousands of properties and communities all waterways. But in all its haste and with all of over the State. the deadlines in developing the Water Bill the Beattie Government has forgotten one very This Bill seeks to introduce a radical new important ingredient—the people. There method of managing our water resources. It seems to be an expectation that with the represents throwing out the old system and passage of this Bill we can suddenly drop virtually starting again. It seeks to discard everything and run off with this bold new previously issued water licences and replace model for water management. But, them with new water allocations, but with no unfortunately, we cannot. First and foremost guarantees that the new allocation will be the 2908 Water Bill 5 Sep 2000 same as the previous licence. It seeks to do so support. But it is certainly not beyond the without offering any form of assistance to realms of possibility and it could have been those who will be most affected by the achieved with this legislation, if only the changes, without any recourse for those Government had the will. people in the event that the changes have an Chapter 2 should have been about adverse effect on them and without any balancing the needs of the environment and compensation if that adverse effect cannot be the needs of the community. It should have dealt with. In a nutshell, what this Bill does is been about recognising existing water licences deny people security. and providing a transition for those licences to While the Opposition, in common with the new system which will ensure continued most of the community, acknowledges the water security and an appropriate adjustment need for change, the need to improve the way period for assistance measures to iron out any we manage our water resources and the many inconsistencies. Chapter 2 provides the provisions in this Bill, we do not accept that the platform for the undertaking of water resource Government can simply change the rules at plans so that the community and the half-time. As such, we cannot support the Bill Government can better plan the development in its current form and will be moving a series of each of Queensland's catchments to ensure of key amendments that will address the that each of the competing demands for water lacking ingredient in the Bill and provide the are met and that the system is managed on a necessary ongoing security to water users and sustainable basis. the community. The water resource plans will be According to the Explanatory Notes, the subordinate legislation and will be Bill has three broad objectives, namely, to implemented through resource operations establish, firstly, a sustainable management plans. Central to the planning process is the framework for the planning, allocation and use development of water allocation management of water and other resources; secondly, a plans, or WAMPs. In simple terms, that regulatory framework for service providers process is about working out how big the pie is covering asset management, customer and then how best to cut it up. The Opposition standards and dam safety; and, thirdly, a supports the development of water resource governance regime for the statutory authorities plans as an effective and sensible planning that provide water services. mechanism. These objectives are set out through While we support the concept of water Chapters 2, 3 and 4 in the Bill. The resource plans, I would emphasise that we do establishment of the regulatory framework for have a number of serious concerns with the service providers and the governance regime manner in which this planning process will be for statutory water authorities are important applied. The Opposition is particularly issues, but it is the issues raised in Chapter 2 concerned with the two-stage process for of the Bill that will arguably have the most converting existing water licences to water impact on the lives of hardworking allocations under this Bill which, as it stands, Queenslanders. Chapter 2 paves the way for provides no certainty to water users, investors the most significant reforms to the or the community. In the development of management of water in this State by WAMPs, it is essential that the very best establishing an entirely new management scientific information available be used. If the framework for the planning, allocation and use system is not based on the best data, it will not of water. work and it will only cause widespread We can spend all day debating corporate uncertainty. governance and statutory authorities and the Across Queensland the development of a like, but at the end of the day the issue is the number of WAMPs is already under way and Bill's ability to provide a fair and sustainable we have already seen what can happen if the system for allocating water to the community most rigorous system is not used. One has and the environment. That is really what this only to look at the Condamine/Balonne to see Bill is all about. It is Chapter 2 that presents that, where investment is fast drying up as a the most pressing issues and the most result of the uncertainty caused by the release concerns to water users and the community. of the draft WAMP and its projections of cuts Across industries, different regions of the State to individual water allocations of up to 70%. and catchments, there are widely divergent Widespread doubts have been cast about the views on the use of water. For that reason it is data used, and local water users have now always going to be difficult for any Government been forced to commission their own to develop a system that enjoys widespread independent scientific assessment at great 5 Sep 2000 Water Bill 2909 expense in the absence of any confidence in when approval is notified in the Gazette. That the DNR's document. is too late for any water user who may be left Alarmingly, that independent analysis of with a significant reduction in their water the technical reports, which supported the allocation. preparation of the Condamine/Balonne If the Condamine/Balonne experience is WAMP, has identified the possibility of a anything to go by, there could well be some significant error in the hydrology studies whose farms are rendered non-viable. That is undertaken by the Department of Natural going to reduce not only the productivity of the Resources. The independent analysis seriously farm but also the farm's value. That is a questions the methodology used to derive serious situation. Honourable members should environmental flows and to assess economic imagine being on a farm and finding that that and social impact. Already, Queensland has happened to them. As if farmers have not Cotton and Namoi Cotton have been forced to got enough problems! shelve new multimillion-dollar cotton gin In fact, the Queensland Irrigators Council projects because of the massive uncertainty has drawn to our attention, as I know it has associated with that WAMP and this Bill's drawn to the Government's attention, by way introduction. of example the situation in the Fitzroy Basin Jobs are at risk and the community is in where the WAMP has been completed and will absolute turmoil. Even the Minister and his have statutory effect once this Bill is enacted. department appear to have acknowledged It reported that irrigators in the Emerald area that there are inherent flaws in the draft obtained independent assessments of the WAMP and have now offered more time for WAMP on two occasions in an attempt to "consultation". In fact, I read one newspaper determine the impact of the plan on their report in which Chris Robson, DNR's general entitlements. Each assessment was manager of water allocation and inconclusive so they now have no option but to management, described the situation as work through the operational planning process "disturbing". While the community has the in their catchments. ability to question such a WAMP, once this Bill They hope there will not be a significant has been passed the Condamine/Balonne reduction in their entitlements because they community and dozens of others like them will know that if this Bill is passed in its current form have very little recourse to defend their water they can only appeal to the Land Court for entitlements. They will have little recourse adjustments to their converted entitlements because the Bill denies them the right to within the constraints of the WAMP. Sure, they appeal their allocation under a WAMP. can make a submission to the referrals panel The Minister may well retort that there is set up by the Minister, but the best that that an appeal provision in the Bill, but it is not a could offer them is up to five years to adjust to genuine appeal right, a fact confirmed by the plan, which is not going to ward off the Mr Robson himself, who conceded that the bank manager if the conditions of the WAMP final catchment plans will be unappealable slash the viability of their farm. I think that this when they become law. Previously under is something that the Government does not section 51 of the Water Resources Act 1989, really understand. People do not make any licence holders were able to appeal a decision money or employ people if they are not viable. of the chief executive with respect to "an I return to the Condamine/Balonne as application for, renewal of or transfer of a another example. If in fact those independent licence; any amendment, variation, assessments of the DNR's technical reports cancellation, revocation or suspension of a find errors after this Bill is passed, any water licence." However, under this Bill, water users user who has been adversely impacted as a will be granted a water allocation as opposed result of those errors can make only a to a water licence and as a result have been submission to the Minister. There is no right of denied the ability to appeal that allocation. appeal. Sure, the Minister must address the Implementation of an effective appeal report in finalising the plan, but the opportunity process is made even more difficult because for water users to properly test the basis for the water resource plans, or WAMPs, will decisions taken under the WAMP is denied. become law before water users know what This Bill has generated this sort of massive their entitlements are under these plans. The uncertainty all over the State. conversion of entitlements will only be The Opposition is extremely concerned determined when operational planning in their with the Beattie Government's failure to area is completed. So the first that a water provide an effective appeals mechanism for user will know of their final allocation will be water users whose new water allocation is 2910 Water Bill 5 Sep 2000 varied from their previous water licence. Water Bill sought to establish a planning Compounding this issue is the lack of any framework for making decisions about water provision for compensation for any adverse allocation and use. The Minister cited the 1910 impact in the transfer of existing water licences Bill, particularly the expert's report attached to to the new water allocations under this Bill. I that Bill, which concluded, and I think it is worth find that abhorrent. I cannot work out why we quoting again— are not helping these people who, through no "... nothing will contribute more to the fault of their own, lose some entitlements. industrial development of Queensland— They are affected and we should be trying to or to social well-being of the people of the help them. At present there is only very limited State— than a law which will establish provision for compensation for any adverse effective public control over water, and alteration of a water allocation during the term provide for its orderly and just distribution." of a WAMP. But there is no provision at the commencement of a WAMP or at its 10-year The Minister must have known a thing or two. review, when it is far more likely that that He said that those words rang true today and assistance will be necessary. that an "orderly and just distribution" of water The previous Water Resources Act was a key concept in Chapter 2 of the Bill. actually required the holders of water licences However, it is on that basis that this Bill has to develop the irrigation works for which the failed water users and has failed the State. licence has been issued. In most cases, that Whilst it could be argued that it provides for a involves spending a lot of money. It is not system of orderly distribution, it certainly does unusual for some farmers to have borrowed not provide for the just distribution of water. It and spent millions on associated earthworks does not provide for the just distribution of and property development. Under this Bill, water because it fails to recognise the existing such a person could be issued with a reduced water allocations that have been made by the water allocation which reduces the amount of State of Queensland to the people in the crop they can grow, reducing their income, community. It does not protect the existing potentially rendering their farm non-viable and rights that have been issued by the State to reducing the value of their farm—all because water users. they did as they were required under the The Minister stated that the challenge has State's previous water laws. That is changing been to develop a modern water law aimed at the rules at half-time but with far more serious improving the security of supply for future consequences. It is little wonder that users and ensuring that future water communities such as those in the developments are sustainable whilst also Condamine/Balonne, in the Fitzroy and so on protecting the health of our rivers and are up in arms over this Government's catchments. The security of the environment handling of water reforms and this legislation. has been protected. I ask the Minister: what It is these central issues which have been about the security of supply for existing water glossed over in the Government's haste to users? Why has that security been discounted commission its million-dollar man to develop in this Bill? Why are those existing water users this Bill—deadlines rather than deliberation. now forced to use whatever means they can to The Opposition is firmly of the view that, if the protect their entitlements? Government has seen fit to change the rules As I alluded to earlier, in large part this Bill to reduce an existing water licence, there has arisen from the 1994 water reform policy should be a full right of appeal provided. We agreed to by the Council of Australian do not accept the argument put forward in the Governments. That agreement sought a Explanatory Notes that to allow such an number of key objectives, including achieving appeal against the conversion would mean greater ecological sustainability and every user in the resource operations plan may developing a more commercial approach to be party to an appeal. That is not a legitimate water pricing. However, the COAG agreement excuse for denying people the right to justice. also provided for the States to recognise water The Minister stated in his second-reading property rights. As such, Queensland should speech that there is evidence that a number of be recognising water property rights with this river systems across the State have limited or Bill. At the very least there is a moral obligation no capacity to provide further allocations of to ensure that, where these rights are water over and above the level of current use. removed, compensation or adjustment He said that we had an opportunity to put assistance is provided. However, as this Bill Queensland and its primary industries on a has been presented, there is no such sustainable footing and avoid the huge cost of recognition of the existing water entitlements, repairing degraded rivers. He said that the the property rights attached to those or the 5 Sep 2000 Water Bill 2911 right of water users who are denied some or all The Minister could not have said it much of their allocation to an appeals process or clearer than that. I ask the Minister: what compensation if the decision is indeed upheld. happened to that commitment? Where is it? Recently, the Deputy Prime Minister Did he change his mind, or was he again rolled lamented the abuse of the COAG agreement in Cabinet? Either way, his promise to rural by certain States and called for an overhaul of industry and that Estimates committee has the policy. That is a call that the Opposition been broken. strongly supports, because there is no more No allocation has been made or even guilty party to that crime than Queensland's foreshadowed in this year's State Budget. No Beattie Labor Government. What we have reference has been made to the adjustment seen in the Government's handling of water costs for water users in the Bill or the infrastructure issues is the systematic abuse of Explanatory Notes that accompany it. Those its National Competition Policy agreement to Explanatory Notes make reference to the further the Government's own campaign of setting aside of $2m for the implementation of inactivity. There is no more striking example of the Bill, but the funding is to be used for the this than the recent decision by the Beattie development of water resource plans, Government not to proceed with the administrative costs and support for the Local construction of the second cell of the Government Association of Queensland to Beardmore Dam at St George. The theatrics assist local governments to comply with the did not fool the local irrigators, who took the requirements of the new Act. There is no time to meet with the NCC and discovered the acknowledgment of the need to support water truth—that it was the Beattie Government that users or the Minister's commitment to the did not want to build the dam and that NCP Estimates committee. Where is the support for was the scapegoat for its decision. organisations which represent water users What we are seeing in this Bill is the such as Agforce, the Queensland Irrigators abuse of the COAG agreement so that the Council or the Queensland Farmers Beattie Government can force its reform Federation? agenda through without proffering any While the Explanatory Notes go on to say assistance to those who must adjust or without that a review of the financial implications of the protecting the property rights which previously Bill will take place within 12 months of existed. Once again, the Beattie Government commencement, I fear that will be too late for is demanding that one part of the community many water users who will be adversely shoulder the cost of the State's environmental affected by this legislation. On behalf of the expectations, and of course there will be a Opposition and water users, I call on the cost. One of the biggest failings of this Bill is its Minister to honour his commitment and on the failure to recognise the potentially significant Beattie Government to recognise its adjustment costs for water users. The Minister responsibilities to the community. himself has previously acknowledged that There are a range of other issues I will these impacts will not be insignificant and that briefly touch on which herald significant water users were entitled to receive assistance change for water users and the community. and would in fact receive assistance from the One of the most significant is that of the new Beattie Government. head of power which vests control of overland At the Estimates committee hearings in flows in the State. There are widespread views 1999, I asked the Minister to outline his on the management of overland flows and the position on this issue. The Minister replied— measures proposed to control it. It is "As I have done in my discussions acknowledged that in some areas regulation is with rural industry in relation to water necessary to ensure the equitable distribution resource issues and the outcome of the of overland flows and the maintenance of catchment planning and water allocation environmental flows. management planning process, we intend The provisions proposed in this Bill favour to put together a substantial industry a stepped approach which will allow the package in consultation with industry to regulation of overland flows in those ensure that any adjustments under any catchments where there is a high demand for changed guidelines that impact on the water. However, some serious concerns were business viability of rural primary raised in very strong terms by the Scrutiny of producers will be addressed. We Legislation Committee in its Alert Digest acknowledge that a decent incentives No. 10. The Opposition shares the package is required and our State will play committee's concerns and requests that the its part." Minister address these. Until such time, we will 2912 Water Bill 5 Sep 2000 reserve judgment on whether the provisions of on this Bill, I will quote a letter sent by the the Act relating to the vesting of overland flows Queensland Irrigators Council to a number of in the State are satisfactory. Government Ministers. This letter succinctly The separation of water allocations from outlines industry's position. The chairman, Mr land title allows the open transfer of water Kropp, said in his letter dated 22 May— allocations between water users and is a "QIC has worked with the provision that the Opposition supports. With Government from the outset to prepare the necessary controls to ensure that trading water legislation that addresses cannot proceed to the detriment of particular environmental and development needs in schemes or the public interest, this provision this State. We are very appreciative of the will allow greater diversification opportunities level of consultation there has been in the and an efficient and fair system of transfer. development of the legislation. There are These controls should hopefully allay fears in many key features of the Bill that we some areas that large corporations could buy support, including the vesting of overland up all the water in a scheme and hold other flow to provide a comprehensive planning users to ransom or that too much water may framework for water allocation and be traded out of a particular scheme, management. However, we cannot threatening the viability of those who remain in support legislation that gives no effective the scheme. I urge the Minister to maintain a protection to irrigators' existing water watching brief on this issue to ensure that the entitlements." provision for water trading rules is effective and Mr Kropp goes on— prevents these types of undesirable practices. "We still believe that through a I also urge the Minister to maintain a meaningful negotiation process our major watching brief over the administrative concerns regarding effective appeal rights requirements imposed on water users through and adjustment arrangements can be the requirement for land and water plans. addressed relatively easily by changes to While the intent of these plans may be sound, the proposed legislation. We are prepared they must not become another burden on the to support the legislation if this can be efficient operation of primary producers. achieved." In his second-reading speech, the Mr Kropp went on to highlight the undue haste Minister talked about the consultation process with which this legislation has been developed, that was undertaken during the development which has not allowed stakeholders to fully of this Bill. He made the claim that this was assess its complexities. In fact, the "one of the most comprehensive consultation Queensland Farmers Federation drew the processes ever undertaken in Queensland to attention of the Minister to the need to provide support the introduction of new legislation". adequate opportunities to consider such While the consultation process was reportedly legislation in October last year. It is still waiting under way for 18 months and myriad draft for a reply. papers and draft exposure Bills were issued, it The Opposition checked this morning with seems that some of the most important the QFF, and I can report that the farming messages failed to get through to the Beattie sector remains opposed to this Water Bill in its Government. All these messages revolve current form. The position outlined by around the central issues I have outlined Mr Kropp stands. The Opposition shares these today: the need to recognise existing water concerns and, on that basis, will be moving a entitlements in the transfer to the new system, number of key amendments aimed at the right of appeal for any water user whose addressing these to the satisfaction of all new allocation varies from their current stakeholders. entitlement, the right to compensation for anyone whose viability or investment is I urge the Minister to hear the message adversely affected or threatened by the that the community keeps trying to get through introduction of a water resource plan, and the to the Government and to accept our need for adjustment assistance for those water amendments. We believe these amendments users who will have to implement these are for the benefit of all people in our State of reforms. Queensland. They are very important amendments that will correct the deficiencies It is these failings that have led to the fact identified in this Bill and that will allow the that rural industry does not support this Parliament to take the opportunity that was legislation, contrary to the Minister's claims. By presented to introduce water reforms with the way of indication to those members who may broad support of all stakeholders. Unless these not have been privy to much of the dealings amendments are accepted, the Opposition 5 Sep 2000 Water Bill 2913 cannot accept what in its current form is an industry itself or with the general community. I unfair and unjust Bill. say to the Minister: as an educated man, as a Mr JOHNSON (Gregory—NPA) Minister who has been across this issue now (3.48 p.m.): I rise to speak to the Water Bill. In for some two years, this is one of the biggest introducing this Bill, the Beattie Labor issues confronting rural and regional Government is once again taking the Queensland today. It is not just the farmers, opportunity to try to establish green credentials the graziers and the mining companies that with the chardonnay set at the expense of need water. It is required to sustain life in the rural land-holders throughout the State. It is big cities in the south-east, along the coast pushing its own green agenda, not a natural and everywhere else. We all agree that we resource agenda. have to have a proper management plan in place, but at the end of the day this legislation There is no doubt that there is a need for will send many graziers and farmers to the reform to water resources legislation in wall. In reality, many financial institutions will be Queensland. From the outset I say that the reviewing their accounts with some of these coalition strongly supports the concept of people as a result of this legislation passing sustainable water management. We have through this Parliament today. heard that this afternoon from the Opposition spokesman, the member for Keppel. The On the very morning that this legislation impetus for this reform was the 1994 Council was scheduled to be debated in the House, of Australian Governments' water reform the Minister arrived with 63 pages of policy, which Labor at both the Federal and amendments to it. He is an absolute disgrace. State levels tied to the National Competition It is an insult to the people in the industry. It is Policy. This attachment to national competition an insult to the pastoral and mining industries payments helps explain the undue haste with and everybody else. which this Government is pursuing water Mr Welford: The industry wanted some of allocation reform. that. The principal objection the coalition has to Mr JOHNSON: I know that there is a lot of this legislation is the total contempt it displays it they do not want. But how much consultation for the existing land-holders who have made has the Minister undertaken with all the lifetime decisions based upon their existing stakeholders in relation to this? I have spoken legal positions, which have been established today with some very successful farmers in my under successive Governments and which own area, in the Emerald area and in other have been the basis for their investment parts of this State. I can assure the Minister decisions. The legislation before the House that they do not support totally the body of the today establishes a statutory planning process legislation as it stands. Again and again, we using a water allocation management plan, or see this as a part of the policy of this WAMP. This Bill proposes that when this Government. We witness it with land clearing, legislation becomes law the existing water with the vegetation management legislation licences will be converted to water allocations. that was guillotined through this House in late The problem is that when this Bill December last year. I hope that does not becomes law, these WAMPs will become law, become the case with this legislation. I am not and there will be no effective appeal in cases saying that this legislation is more important, where an existing allocation is reduced by the but it is just as important as the vegetation new plan. There is no compensation and no management legislation. I ask every man and right of appeal provided for in this legislation. woman who is a member of this Parliament to The Government has put forward an appeal take a particular interest in this legislation and tribunal which in reality is only a toothless tiger. make sure that we get it right. The failure to make ground is something that It is all very well to say that we have to the Minister has not considered. The Minister look after the ecology of these systems and does not have to take notice, and the Minister consider how we will dam rivers, streams and is the sole person to whom an appeal is made. the overland flows. At the end of the day, this There should still be an appeal mechanism is about the survival of all and sundry. The through the Land Court. country we live in has a population of I believe it is an insult to the general 19 million people. We could feed a population public that this Government is running with this five times larger than that. The population is legislation. The whole issue is a heartless exploding in places like the south-east corner. implementation of a socially, environmentally What sort of plan does the Minister have in and economically flawed policy, one that has place to implement other water infrastructure no rapport whatsoever with land-holders, with programs that will sustain the domestic needs 2914 Water Bill 5 Sep 2000 of the population of south-east Queensland as entitlements, can now have their whole life we progress into the new century? The real thrown into chaos. issue today is how we do that in an Not only is there no appeal if a farmer's economically sustainable way. water allocation has been reduced, making I believe that all members are their operation unviable, but also, in the best environmentalists; we are all conservationists. tradition of the Beattie Labor Government, We live in one of the harshest lands in the compensation has been ruled out. This is the world. If we were not environmentalists and sad fact of the matter. conservationists, many of us whose families have for generations lived in the western parts Mr Lester: Do you think it is they just of this State would have perished a long, long don't understand economics, that businesses time ago. The adoption of responsible have to make a profit to employ people? management practices such as stocking rates, Mr JOHNSON: Absolutely! I take that which we have witnessed in some of our arid interjection. The member for Keppel is a areas, is the reason we have seen the survival businessman himself, and a very successful of the fittest. That is why we have seen a one. He knows that income minus cost equals progressive and successful pastoral industry. profit. If we are to have income, we must make That is why we have the best agricultural absolutely certain that the people about whom industry in the world. We have the best quality we are speaking today are placed in a position products. We have one of the best and most where they can run a viable operation, one sustainable mining industries in the world. At that will render a surplus for the advantage of the same time, we have primary industries that many people. There will be advantages not are at the forefront of providing for the majority just for their own families, not just for their own of the population, not only in this State and corporations, not just for other businesses this country but also internationally. around the State but there will be flow-on Under this legislation, there is no appeal if benefits, value-added effects—the whole bit— there are errors. All that is provided for is that to the eastern seaboard. This applies not just the Minister is required to address any to the pastoral industry and the mining industry technical reports in finalising the plan. This but all rural industries in Queensland today. Labor Government, which heralds its alleged This State has always relied on its rural social justice credentials, is denying an appeal industries and I doubt that there is one woman process to land-holders. As I said a moment or man in this Chamber today who does not ago, the financial institutions will certainly take have some relationship with rural Queensland a dim view of that aspect of this legislation. or rural Australia. There are countless farmers at this very We all need rural Australia and we need moment who are gravely concerned about rural Queensland but, more importantly, we their prospects of remaining viable in terms of need a viable farming and mining community. their irrigation aggregations and their Without a sustainable water program in place, operations into the foreseeable future. This is we certainly cannot have that. If we are to no laughing matter. It is a very, very serious sustain a population in the future that will give issue. I do not paint this picture easily, and it development, growth and prosperity to this causes me great concern to raise this issue. great nation that we live in and, more In the past few years, especially in the importantly, to this great State that we live in, Emerald irrigation area, around the Fairbairn we have to be responsible about the Dam and under the Fitzroy WAMP there have legislation and the consultation programs been some very, very successful farming associated with legislation passed by this operations. No doubt some of those people Chamber. When I talk about consultation have had significant input into this legislation programs, I mean to consult, not to insult. I or have been consulted. I have spoken with believe that many people in industry today some of those people today. The real concern have been insulted because some of their is that many of them have been treated with input has certainly not been cemented into this contempt. They are the very people of whom I legislation. believe we should be taking notice. As the old Once again, it is the land-holder who cops adage goes, we take advice from and notice it in the neck. This is the tradition that was set of those with practical experience. I do not say by the Minister in the land clearing legislation. this lightly: the greatest injustice of this We witnessed that debate late last year. We legislation is that it does not provide for any saw the dramas and protests at places such compensation. A land-holder, after years of as Aramac, Emerald, Winton and Roma, and abiding by the law of this State and making then the Premier came back and said, "We investment decisions based upon their legal had best have a look at this." However, the 5 Sep 2000 Water Bill 2915 real issues have still not been resolved. This is water programs in this State. This Bill is the sad fact of the matter. The real problem in treachery and I can assure the Minister that, the land clearing issue has not been resolved, like so many other initiatives, it will not go and I have to say that it will take a coalition unpunished by the people of Queensland. I Government to resolve both the vegetation suggest that this legislation, if it is passed, will legislation and the Water Bill. be an important milestone in the demise of Mr Sullivan: You put it on the long finger this Beattie Labor Government. for two years when you were in Government. The Opposition will be proposing a Mr JOHNSON: I am pleased to take the number of amendments to this Bill. I hope and interjection from the member for Chermside, pray that the Government supports the because he is one of the most negative amendments put forward by the member for members on the other side of the House. Keppel. To provide an appeal mechanism and Some of his colleagues shake their heads compensation provisions are some of the most when they hear him say something because important aspects of this legislation. They are they know it will not be positive. He is a man important for the ongoing viability and the who I would have thought would have some ongoing sustainability of one of the best water responsibility as far as this legislation is programs anywhere in this nation. concerned. He represents a city electorate in My time is running out, but the one thing Brisbane and he must wonder from time to that I do want to emphasise is the importance time how some of those people in the of a viable industry wherever we are. We know manufacturing industries who work within his how important the mining industry is to this own electorate will retain their jobs or how their State. For too long we have witnessed the jobs will be kept viable. Again I say to the man on the land being confronted with member for Chermside: if we do not have a ongoing droughts. We have some very viable and prosperous rural industry, we will successful farming operations in rural certainly not have a prosperous and viable Queensland. We have many, many other manufacturing industry and a value-adding farmers who have borrowed countless industry here on the coast. hundreds of thousands of dollars to upgrade Mr Sullivan: Don't worry about that! You irrigation programs and put in place a strategy had two years in Government to do something that will drought-proof and create a productive about vegetation, about the land, and you did operation for their own farms. They are nothing. shaking their heads at this legislation. Mr JOHNSON: I do not think that we did Have members heard the old adage: nothing at all. We did plenty about it; we put in when you go to see the bank manager you place some very good programs and we were are that damned terrified you chuck your hat in on the threshold of the implementation of the door to see if the bloody thing is going to those programs. We had a magnificent dams come back? I can tell the Minister if he chucks program—a $2 billion water infrastructure his hat in the door with this legislation it will program—to implement. What happened to it? probably come out because a lot of banks and This Government opposite decimated the financial institutions will not be happy with it. project. That was another negative. There will be a lot of farmers who will certainly be very anxious about the outcome of this This legislation is yet another stab in the legislation. back of the hard-working people of regional and remote Queensland. How on earth can I appeal to the Minister not to proclaim this Minister stand up in this House with a this legislation until it has been properly straight face and proclaim the Labor jobs scrutinised, because I believe that this will be agenda when legislation such as this is kicking one of the most important pieces of legislation the guts out of the primary production sector that will go through this Parliament in the past which for so long has been the backbone of 10 years. Queensland's economy? Water is the essence of life. It is the Again, the rural sector has been the prime essence to providing development, opportunity mover in creating jobs across this State. The and quality of life. If we do not get this one Government talks about its "jobs, jobs, jobs" right, there will certainly be a lot of failures. program. I simply say that I hope that the Every day in this Chamber we hear about Premier will again take notice of the industry the problems confronting people with the and revisit this legislation before it is introduction of the GST. The Government has proclaimed. In its current form, it will create an raised the negatives there. Let us look at the absolute disaster for the ongoing viability and positives. Have the members opposite come the ongoing implementation of sustainable up with the positives of anything? We have 2916 Water Bill 5 Sep 2000 gone through this legislation and we have tried how much is collected by the various systems to come up with the positives in it. However, of ring tanks. we can only make it positive when we For some 30 years the water has been eliminate the negatives, and at the moment allocated from the Condamine under a there are too many negatives in the legislation system. The present system of water that erode what we stand for. The Opposition harvesting has been based on the diversion stands for providing quality of operation to the rate and the starting height at which they can farmers, to the mining industry and to the start pumping from the river. The storage itself future development needs of this State. has not been part of that formula because the Mr HORAN (Toowoomba South—NPA) farmers can decide on the size of the storage (4.07 p.m.): I want to say at the outset that this that they will put in—whether it is a storage Water Bill has the potential to financially and that will be filled seven years in 10, five years socially absolutely devastate the Darling in 10 or whatever—depending on the amount Downs, particularly the Upper Condamine from of land that they have available on which to north of Warwick down to the Cecil Weir. build their blacksoil ring tank. The whole basis of this Bill is to provide a Now that we have moved to COAG, we head of power to implement the WAMP have to have WAMPS and we have to process. That WAMP process will be so introduce Bills such as this to Parliament. The complicated and so different from place to COAG principles are leading to permanent place that it really has to be very accurate if it transferability. Therefore, we have to add to is going to provide in any shape or form justice the diversion rate, the starting height or the to people considering what their farming flow in the river factors, such as the maximum practices are now, what their irrigation practices volume that can be extracted and also, under are, what they have developed over the the COAG requirements, a performance preceding 30 years and what their needs are indicator. That performance indicator is shown for future development. in the draft WAMP. The DNR has done a number of We have seen the deregulation of the hydrological studies of the river system—how it dairy industry take $25m right off the top of the was in its natural state and later, throughout income of dairy farmers on the Darling Downs. the 1990s, in its various stages of Some 490 farms in the area are all losing an development. That seems to be where the average of $50,000. That was the spending WAMP has changed from a science to a money off the top. They have tightened their philosophy. As I said, the needs and the belts and all they have left is their survival requirements of the Upper Condamine are money. That spending money is not being different from those of the Balonne area and spent in the towns of the downs or in the Lower Condamine towards the Dirranbandi Toowoomba. It has a devastating effect. We area. Certainly, in the Upper Condamine, have only to think of how hard we would about 44,000 megalitres of water has been scramble to get a $25m a year industry in allocated from the system on an annual basis. Queensland, but we have lost that in one stroke of the pen with the dairy industry. Under As I said, what makes it so complicated is this particular Bill, that is what we are going to that, as well as the existing licences, there are see with the vast irrigation areas on the sleeper licences—people who have licences Condamine plains west of Toowoomba where but have not yet developed their water allocations are likely and will be cut from infrastructure—and people have different sized somewhere between 50% up to a maximum of storages. Compared to the availability and 93% of those irrigation farmers who have price of land in the lower parts of the massive capital investments in their farms as a Condamine River system out around result of the formulas that are being used in Dirranbandi, the land in the Upper Condamine the WAMP process. This Bill provides the head is more expensive and there is less land of power to deliver that. available. So the ring tanks in that area cannot be built as big or as vast as the ones that are When this Bill becomes law the WAMP built further down the river system. The ones becomes law, and the regulations and the that are located further down the Condamine various formulas for water allocations for those River system might be filled completely only who are relying on river water, overland flows once in 10 years, whereas in the upper part of or bores will all be changed. I know that the the Condamine River system the ring tanks bores are currently subject to a system, and could be filled somewhere between five or they have been for some time. There is very seven years out of 10 years. So the first little information about the overland flows or problem is the different sizes of the tanks and 5 Sep 2000 Water Bill 2917 the fact that these formulas, when they are system. During a good season the ring tanks applied, will not take cognisance of that. are full, so the water flows past them and The country that I am talking about is a down to other parts of the system. It is not a pioneering area for broad-scale irrigation in simple system; it is a very, very complicated Australia. That area pioneered the tillage system. equipment that could farm the heavy blacksoil That area is one of the highest-producing because conventional implements could not till areas of Australia. The farmers have a right to the heavy wacke soils on the Condamine water; they have been operating on the same Plain. That area pioneered laser levelling, the basis for 30 years. They pioneered this building of ring tanks with D8s, D9s and so particular development. The Government just forth, and the system of catching all the tail cannot cut people's water allocation—which is water from irrigation using the overland flows in their lifeblood, their income, their equity—by storms and the flow from the river when it 50% to 93%. It is just not right. It cannot reached certain heights. All of that activity was happen. The water allocation system has to be pioneered in that part of the Darling Downs. arrived at in a far better and fairer way. The farmers and the farming techniques in The irrigators from the Upper Condamine that area are the best in the world. Their are prepared to work with DNR to bring about a results are comparable with the best irrigation realistic system. I think that farmers and crop results in Kansas and other parts of everywhere realise that there are only so many the United States. I used to be involved in crop buckets of water and they have to be shared competitions in that area and I can say that around, otherwise they will run out of the stuff. the tonnages per hectare that are farmed However, that water has to be shared in a fair there are as good as they are anywhere in the way. The Government has to be aware of what world. It is a highly efficient area. It is one of has been happening. It cannot take away from the cornerstones of the whole economy of the people systems that they have had for 20 Darling Downs—of towns such as Pittsworth, years or 30 years—systems that they Millmerran, Dalby, Cecil Plains, Toowoomba, developed and were the first to put in place. Oakey and Clifton. I would recommend to the Minister that All of those areas rely on a good water he get his department to work with these supply. The new method of allocations under people and get the formula right. The the WAMP will absolutely decimate one of the departmental officers have to sit down with most important agricultural areas of Australia. these farmers, who know and understand We often hear about job creation and how water, who know and understand their farms, exports are the key to creating jobs, to bringing who know the vagaries of the river and the in money from overseas into our economy. seasons. Some farmers have paid $500,000 Unless the formulas can be changed and the to put in a ring tank and associated equipment allocations and the regulations can be and they have waited three years before they adjusted to cater for the different systems in could put any water into that ring tank. That the different parts of the Condamine River tank, paid for by a $500,000 loan at 8%, 9% or system, this Bill will lead to the absolute 10% interest, just sits there for three years devastation of that area. doing nothing. At other times, a farmer could One of the real problems with the whole finish building a ring tank and then get a good WAMP system has been the introduction of season within months. All of those factors performance indicators and the changing of have to be taken into consideration. various figures. I will not go through it in detail I want to mention some of the things that but, in summary, the number of days is I have been told will happen to some of the multiplied by the extraction rate to give the towns on the downs as a result of this Bill. It amount that farmers are able to receive, and should be borne in mind that all of these towns whereas before the WAMP it was 70%, it now are important to the whole Darling Downs and becomes 10%. The bottom line is that there is to the City of Toowoomba. About 50% of the a 50% cut in the bulk amount of water that rates of Millmerran are derived from the these individual farms will be able to get. I irrigation farms. What is going to happen when have seen examples where that cut will be those farms lose their capital value? The 93%. valuations of these properties are based not The 45,000 megalitres that I spoke about just on their land value but on their entitlement that is currently able to be taken from the river to a water allocation. Sometimes that water system has been calculated scientifically. entitlement has added up to 80% of the value However, we have to bear in mind that at of the land. Machinery businesses in times water cannot be taken from the river Toowoomba and other towns are already 2918 Water Bill 5 Sep 2000 saying that they have lost somewhere in the carefully managing it. I believe we have a order of 20% of their sales purely because of responsibility to those people who have taken the WAMP process and its impending results. out loans to develop their properties. If we can There is also a concern that some of the help young farmers and new farmers wanting schools in the area will lose students and to establish irrigation properties by supplying teachers. water to them that is well and good, but the Many of those businesses owe first responsibility is to those people who have substantial amounts of money to the banks. existing properties and debts. The properties of the farmers in the area will If ever there were a window of opportunity lose value—the value being used to finance for the Government to pipe recycled water bank loans—and farmers will also lose the from south-eastern Queensland to the Lockyer cashflow from the irrigated crops, which covers and the Darling Downs it is now. We can see the repayments of principal and interest. This the problems of trying to maintain the water on will create a completely different scenario the downs and of trying to maintain water across the Darling Downs, which is probably further down in the Balonne area and the one of the most important and efficient areas Lower Balonne. We can see the problems of of Australia economically and which brings so water harvesting from the storm flows across many export dollars to this country. There is the flat blacksoil plains. The bores on the now a great risk that it will be lost. There is now downs are becoming a mining operation; all very little, if any, interest in purchasing the time the water is being pulled from deeper properties coming onto the market; potential and deeper. purchasers do not know whether the water A secure supply is needed that can cater allocation with a property will be retained, cut in for the existing irrigation farms on the Upper half or reduced by 90%. There is doubt and Condamine system and the Darling Downs uncertainty everywhere and no-one is and which can also provide for a greater flow prepared to put their hands in their pockets to downstream and provide environmental borrow to buy a property, even though it might benefits through not having some 160,000 be the case that some people are selling their megalitres of water—a mountain of water; an properties because they are old and wish to unbelievable amount of water—pumped into move on. Moreton Bay. Some 44,000 megalitres is now I have one other point to make in relation taken from the Condamine for the Upper to the productivity in the Upper Condamine Condamine farming areas. Recycling water area. As a ballpark figure, it takes three would be an environmental win for south- megalitres of water on the heavy black soils of eastern Queensland. It would require good the Upper Condamine to grow a hectare of engineering and scientific technology to pump cotton. Further downstream towards it up to the Lockyer Valley, where some Dirranbandi it takes 12 megalitres of water to 50,000 megalitres could be siphoned off, with grow a hectare of cotton. That illustrates the the remaining 90,000 to 100,000 megalitres quality of the country and the farming systems. being taken over the Toowoomba Range. The climate upstream is slightly less harsh At the moment, the domestic water for than it is further down the river system. Toowoomba is lifted 400 metres from the Those farmers have to be taken notice of. Cressbrook Dam. This proposal would involve I urge the Minister to pay close attention to simply lifting the water 600 metres from the those people, who know so much about water, bottom of the range to the top. It is possible to farming this heavy blacksoil area, producing, lift Toowoomba's domestic water 400 metres, exporting and employing people. If this and this proposal would require a lift of 600 legislation is not fixed, we will have one of the metres. This would be like the Snowy greatest economic and social disasters in rural Mountains scheme in that it would be of industry that we have ever seen. So great will enormous environmental benefit to south- be the effect of this legislation that it will make eastern Queensland and the Darling Downs. It the deregulation of the dairy industry and the would have enormous benefits in terms of the massive financial disasters that occurred there sustainability and security of irrigation water for look small by comparison. Those farmers must the Darling Downs. retain the water allocations that they have had At the moment there are between 150 for some 30 years. and 200 ring tanks across the central Darling I have spoken about WAMPs and the Downs. Within six months of water flowing over acknowledgment by farming communities that the top of the Great Dividing Range, and with there is only so much water to go around. In the existing infrastructure and some additional the future, we will have to look at a way of infrastructure, there would be an immediate 5 Sep 2000 Water Bill 2919 economic benefit of $150m per year. That is mentioned the need for an appeal process how important this project would be to the and compensation. But as some have said, Darling Downs and south-eastern Queensland. farmers do not want compensation. We have If ever there were a chance for a Government seen that in the dairy industry. We see that to do something about it and make this now with respect to vegetation management. happen it is right now. Alderman Jim Soorley We have been through that. People out there has said there is an 18 to 24 month window of are scared, and they are scared for very good opportunity for this to happen; otherwise the reason: they have seen Government slowly total amount of water may be lost and could take over and grab what used to be rightfully go to other areas. It is important that this theirs. happen. We heard the honourable member for On 23 September the Deputy Prime Keppel speaking about the problems in the Minister is coming to Toowoomba to speak Murray-Darling Basin. In respect of the water about this issue with local members. It is time allocation that we have in Queensland, the to get some coordination among Federal, southern States are making us pay for the State and local governments and the irrigators. mistakes they made. Hence there is a need for This is financially feasible. The feasibility someone to look at exactly how we handle our studies have shown that. With a mixture of water and how it is allocated. bore water, overland flow, river water and this I agree with the previous member, who water it will be financially feasible for irrigation spoke about the reluctance of this Labor farmers to purchase water. In other words, it Government to go into major dam building could be purchased at a modest price. programs, which would perhaps provide a In conclusion, this Water Bill will have a better and more equitable way to allocate disastrous effect upon irrigation farmers, being water to irrigation farmers. It is sad that there is a head of power that puts the WAMP in place. a reluctance on the part of this Labor Unless we can get the formulas right and get Government to increase the availability of people to work through with the farmers how to water. allocate this water fairly so we do not ruin Water is not just a major resource, but it is people who have put their life savings into their a basic resource—the most basic resource for properties, this will be a disaster. This Bill offers the man on the land and for industry. I think it no compensation rights. The farmers do not is a shame that this Bill does not really address want compensation. They would just as soon a way to allocate water equitably and keep farming the way they are. Let us try to especially in relation to an appeal process for make this fair and just for those people who those who are going to be adversely—and have borrowed hundreds of thousands of grossly adversely—affected by the way this Bill dollars. has been drafted. There are no appeal rights in this Bill. It is I would firstly like to pay a compliment to unjust. It is fraught with social injustice, the Minister for his willingness to recognise and economic disaster and danger. All that is acknowledge the work done by others in this required is to work with these groups and place. His acknowledgment of the work that come up with a formula that is fair, just and was undertaken previously by the Honourable starts to think about families, because it is the Don Neal in initiating change to the water laws families that will have to walk off these is a breath of fresh air. I can only hope that the properties. If the Government cuts the water practice of recognising the work and initiatives allocation to these properties by 50% to 93%, of others in this place is continued. they will revert to dryland farming. It would change their whole system. Their properties In his second-reading speech on this Bill, would probably get cut up into hobby farms or the Minister stated that it took less than two something else. This heavy blacksoil country is hours to read the second-reading speech, potentially the best irrigation area in the world. adjourn, resume debate and pass the original Why would we want to bypass that? We are Bill. Perhaps this is a positive reflection on the talking about an area just a few miles out from people responsible for drafting the original Bill Toowoomba. It is not far from the Fisherman or perhaps it was guillotined and rammed Islands. I urge the Minister to listen to what I through the Parliament with indecent haste, have said and make sure he gets it right, just as has happened in the past with so much particularly in the Upper Condamine area. important legislation at the hands of this morally and financially bankrupt Government. Time expired. Let me suggest to the Minister that to merely Mr FELDMAN (Caboolture—CCAQ) read the present Bill in two hours, let alone do (4.27 p.m.): Some of the previous speakers anything else, would be quite an achievement. 2920 Water Bill 5 Sep 2000

Of course, in this case the Bill has many to satisfy the ravenous hunger of a couple of similarities to the trashy TV soap operas in single interest groups to whom this front of which we can fall asleep throughout Government owes some favours? After all, large sections of them and miss nothing—a why else would a Premier in his right fact that many longer serving members of this mind—and I assume for a moment that this House would no doubt appreciate. one is—force such a divisive piece of I would like to point to a small excerpt legislation on the voters of Queensland so from the Explanatory Notes accompanying the close to an election if it was not to satisfy the Bill. It states— demands of a noisy minority to whom he owes his position? Whatever the case, there is no "Much of the legislation regulating doubt in my mind that it is written by the the water industry in Queensland bureaucracy for the bureaucracy and that the predates the significant changes and people who use the water, apply for licences institutional reform now occurring." and permits and pay for the water are just a While the City Country Alliance supports and few to fetter the process. will support positive and non-detrimental water In clause 40 of Part 2 of Chapter 2, the allocation reforms, we cannot support this Bill. Bill states that "the Minister must publish a While I do not oppose the positive institutional notice of the Minister's intention to prepare a reform and I recognise and appreciate draft water resource plan for the proposed plan progress as distinct from change, I must say area." The next several pages of the Bill are that if this Bill represents institutional reform, it devoted to giving hapless members of the bears precious little relationship to progress or public the feeling that they actually have some improvement. Perhaps I am being a little unfair say in the outcome of the plan, but instead it on the Minister. If the Minister defines progress actually results in those who have objections as moving in a predetermined direction and if becoming worn out and frustrated long before his idea of improvement is more to do with the bureaucratic nightmare has ended. improving his Government's chances of avoiding bankruptcy than improving the lot of The present Bill draws together a number the community in general, I suppose it is fair to of pieces of legislation that have water as a say that the Bill is making significant progress common element, but in doing so there has and improvement. been developed legislation that is so convoluted as to be almost meaningless to the It is certainly improving the Government's general public and to the industry sectors that position in relation to getting ready for the old are to comply with it. In addition, the process one step, two step, three step routine that has involved in applying the requirements are so been so much a feature of both the Labor and protracted and at the end of the day so coalition Governments of this State and at the pointless that eventually the price of water for Federal level for many years. They all know everyone, both city and country alike, will what I am talking about, or at least they increase for no better reason than to cover the should. I am talking about step one, which is cost of the administration of this bureaucrats' to claim that there are all sorts of problems dream. with the current system in whatever area they are attacking. Step two is to pretend to sort out I am aware, as is every single person the problem by turning the entity and present in this Chamber, that skyrocketing institution upside down and reinventing it as a administrative costs have a high correlation corporation. Step three is to privatise the whole with Labor Governments. Historically, Labor thing, thereby making a quick buck for the Governments—and this one is no Government of the day with nary a thought for exception—have great difficulty in hanging on the people who will pay the price for the to the Treasury purse strings. They have corruption and the greed for decades to come. always been known as big spenders in Government. Unfortunately, their big spending Apart from that type of achievement, this is seldom well directed as it is mainly directed Bill is lacking in solutions. In fact, in a number to those areas that are of major concern to the of places the Bill could be very accurately vocal minorities to whom modern-day Labor described as representing movement and Governments owe their allegiance and their colour rather than achievement. One has to tenuous grip on the reins of power. question just who the target audience of this piece of long-winded legislation is. Is it the Mr Reynolds: What about a AAA rating? people who are expected to comply with it, is it Mr FELDMAN: That is why Labor written for the bureaucracy who are to Governments seldom last long and cannot administer it, or perhaps—and I hardly dare balance the books. That is right, Labor utter these words—could it have been written Treasurers are notorious for not being able to 5 Sep 2000 Water Bill 2921 add or subtract. In fact, in some informed New York. The summit is, in fact, another step circles numerical ineptitude is considered to be towards that one world Government. We sit a mandatory qualification for the appointment here discussing the Water Bill and our Prime of Labor Treasurers. Minister is in New York making some token Mr Reynolds: I don't think you noises to the United Nations about understand this Bill. interference in Australia's internal affairs while preparing to sign away further slices of our Mr FELDMAN: It is either that, or they are sovereignty to globalists and the United not strong enough to guard the gates of the Nations. Treasury against raids by marauding Ministers desperately trying to suck up to the fringe For the person who is simply trying to run elements to whom they owe their power. a farm or a business, the process set out in this legislation will be an excellent example of Mr Reynolds: Who wrote this stuff? participant fatigue. The first step in this Mr FELDMAN: That is right. I can hear my participant fatigue exercise is to produce a Bill colleagues over there bleating about how that is 384 pages long; in other words, a Bill much the truth hurts, but they cannot have it that is so longwinded and repetitive that only both ways. Either the Treasury is numerically the most dedicated and legally literate challenged or it is a moral weakling and, of members of the public would be able to look course, I have heard many suggest that it is through the morass of gobbledygook that is both. Who am I to argue with such obviously contained therein. Next, the participant has to wise people? We know what is happening deal with the incredibly complex workings of financially here in this State and it is only a the numerous plans and licences that are matter of time before it hits the wall. required if one is to have a hope of complying Getting back to the Bill, it introduces or, with the onerous requirements of the rather, further entrenches another highly legislation. This could be a wonderful Bill but undesirable trend and that is the process of only for those who wish to become involved taking the responsibility for decision making and who have little else to do with their life. away from elected members and transferring it They could turn it into a lifelong hobby. The to the bureaucrats. As I said, it is a most unfortunate thing is that a lot of farmers will be undesirable trend. This type of decision- affected by this and a lot of farmers will be making process leaves the public with no driven to the wall by it and they are going to recourse. The result of this direction in have to make a lifelong hobby of delving into it legislative drafting is a situation in which the to find exactly how all these things are going to Minister and, therefore, the Parliament are cut work, especially the WAMPs. out of the decision-making loop. The real There is certainly enough detail and power and authority is being diverted to the doubletalk in the Bill to keep the most ardent bureaucracy, to career public servants who to bush lawyers arguing for years. Of course, the a greater and greater extent are being given bureaucrats and lawyers will be rubbing their the power of life and death over whole industry hands together with glee as they prepare to sectors in this State. One is led inexorably to reap the monetary benefits, turning this into the conclusion that this developing situation is yet another industry in its own right. Similarly, no mere accident. anyone who has a single-issue barrow to push Honourable members interjected. will be overjoyed at the potential for obstructionism and litigation contained in this Mr FELDMAN: I hear the members over Bill. However, for the average businessperson there. They may call me a conspiracy theorist if or farmer who has enough on their plate they wish, but I firmly believe there is a plan to already, the process established in this Bill will slowly devolve State powers to the simply be a nightmare. bureaucracy and to regional boards with the The precedent for this has already been long-term aim of emasculating State established. The Australian taxation legislation Governments. This simply cannot be allowed has become so complicated that people now to happen. The only protection most have to employ experts to have any hope of Australians have from the excesses of the complying, so much so that many of our Federal Government and the United Nations is taxation experts are dropping out of the the constitutional powers that individual State system because they cannot interpret the Act Governments possess. Once those powers are with any degree of certainty. And so it will be lost or significantly eroded they will never be with this legislation as well. It will result in replaced. grossly increased costs for all water users, Even as we speak the United Nations is farmers, industries and householders alike with holding what it calls a Millennium Summit in absolutely no prospect of any benefits, except 2922 Water Bill 5 Sep 2000 to those multinational companies poised to around three key reforms: a new system for exploit tradability components of this Bill. To allocating, managing and trading water which boot, this Bill should be titled the Water and balances competing user demand while Taxation Bill 2000, because it has as much to ensuring its sustainable use for future do with taking away rights and increasing generations; a new arrangement for regulating charges as it does with water. This Bill is typical water service providers, both public and of the type of anti-bush, anti-community and private, which covers asset maintenance, pro-fringe lobby group legislation that this customer service standards and safety; and a Government has become infamous for new process of governing and accounting for Australiawide. statutory authorities which provide water In closing, I wish to record my personal services such as irrigation and drainage abhorrence of the direction in which this Bill is boards. taking the water consumers of Queensland Australia is the driest continent in the and condemn the misguided Minister who world. Indeed, the long-term future of introduced it to this House. We await with Australian agriculture and our rural some trepidation the amendments to be communities is utterly dependent on reforming moved to this Bill. I have not had an our water management. If we do not have opportunity to go through them as yet, and I reform, more and more productive land will will look at the amendments that the coalition become unusable and the water needed for introduces as well. Of course, that will occur in crops will become more expensive. It will also the Committee stage of the Bill. I will look at be saltier and more polluted. Industries such what changes can be made to try to make this as the fishing and tourism industries will also Bill a little better than it is, because it is no become unsustainable. So it is about more good the way it is. than just the bush. As I said earlier, the Mr NUTTALL (Sandgate—ALP) responsibility that we have as a Government is (4.42 p.m.): It gives me great pleasure to to look at the broader picture. contribute to the debate on the Water Bill and I want to give a history of the other States to support the Minister and the Bill that is and try to paint a picture of the reason that we before the House. It was disappointing to hear have proposed the Water Bill that is before the the honourable member for Caboolture's House. The overuse and mismanagement of contribution and the negativity that came our water supply has left much previously across from his comments. I certainly productive land and many of our rivers, understand the concerns of members of the streams and groundwater aquifers in a National Party in relation to some issues that damaged and precarious state. Dryland they have to raise, but as a Government we salinity, which is caused by rising water tables, have a broader responsibility than to look at comes about as a result of land clearing and single issues. Indeed, this legislation provides excessive irrigation. I will come to land clearing the first overhaul of Queensland's water laws later. Salty water in rivers and streams harms for more than 90 years. Having said that, native fish and wildlife. It will eventually make obviously this legislation will not make the water unsafe for drinking and useless for everybody happy. crop irrigation. Salinity in the Murray-Darling The Bill brings the laws up to date with Basin has affected over two million hectares of modern-day practices and ensures the long- productive land and threatens regional towns, term, ecological and sustainable management roads and bridges. of water throughout this State. The previous In Western Australia, salinity has affected legislation provided no security for farmers. It 1.8 million hectares of land and has degraded contained no provisions to protect our rivers 80% of rivers and streams in the south-west of from overuse. It failed to deal with water wars, that State, with half the waterbird species that is, the increasing number of disputes having disappeared from its wetlands. In between neighbours over a scarce and South Australia, water flows struggle to keep valuable resource. We believe that this Bill the mouth of the Murray River open, and the creates more certainty for industry and the safety of Adelaide's drinking water is community and provides the protection that threatened. In New South Wales, parts of the our catchments must have to remain healthy Snowy River have been reduced to a trickle. In for future generations of this State. Victoria, fish stocks have declined drastically as a result of poor water quality. The Water Bill repeals the Water Resources Act 1989 and a number of other Mr Seeney: Tell us some good stories. Acts and creates a new legislative framework Mr NUTTALL: We have been waiting for for the Queensland water industry. It is built the honourable member for Callide, because 5 Sep 2000 Water Bill 2923 he will stand up here and bellow and rant and The main objectives of the WAMP are to rave for 20 minutes without making a positive protect river health by establishing contribution to the debate. I look forward to the environmental flows, to specify existing water contribution by the honourable member for allocations, to identify any future allocations Callide. without compromising existing users or the Mr Knuth: And you are? environment, and to involve the community in planning and management decisions. The Mr NUTTALL: If the member would be basin-wide model used in Queensland's water quiet and listen, he might learn something. I resource planning is acknowledged by some of did not hear the CCA foreshadow any Australia's leading scientists, including the amendments that it might want to make to the Cooperative Research Centre for Freshwater Bill in its contribution to the debate today. Ecology, as the best of its type. It simulates Mr Knuth: We've only had one speaker river flows and water use across an entire so far. catchment, taking into account existing Mr NUTTALL: Yes, but he was the leader infrastructure, allocations and rainfall. The of the party. If the party was to move model can indicate an impact of future amendments to the Bill, surely its leader would allocations on existing water supplies and have foreshadowed them in his contribution to environmental flows. the debate. WAMPs provide a much better I turn now to the WAMPs. One of the understanding of a catchment area. WAMPs most important aspects of this Bill is that it enable us to make informed decisions about gives legal standing to the water resource how water should be allocated and managed plans that are currently under way in in the long term. Unfortunately, because the Queensland. As I said, these water resource previous coalition Government was in no hurry plans are known as water allocation and to fast-track the WAMPs, some of our rivers management plans, or water management are starting to show signs of overdevelopment. plans. For the first time in our State's history, But this Government is working to put in place we will have a planning framework for our sensible and practical planning as quickly as catchments. For the first time, there will be possible. Last year we streamlined the WAMP fairness and equity in the allocation of water in process and it should now take only a catchment for all users, whether they be approximately 18 months to produce a full farmers or whether they be townspeople. draft plan. This early assessment will provide Gone will be the bad old days when the an assessment of the available water in any National Party handed out licences to its catchment. mates without any idea of the impact on the The other benefit of this planning process catchment. is that it is inclusive. Scientists, water users, An honourable member interjected. Government and community representatives Mr NUTTALL: That is the reality of life. all work together to develop the draft plan, There will now be certainty as to what will which is then published for community happen. With that certainty comes security, comment and input. Community consultation because people will know from the outset of a is an integral part of the planning process. A water resource plan what will happen during diverse range of people make up the the life of that plan and that it is for 10 years. community reference panel for a WAMP to By utilising the best science available, our ensure that all local issues are considered in water resource plans can help us make an the plan. A technical panel is also formed to assessment of the total water available in a provide information on the environmental and catchment. We can then make decisions that ecological implications of water use. Once a strike a fair balance between water users, the WAMP has been finalised, it provides certainty environment and the health of the river itself. for water users over a 10-year period. It also This will ensure that Queensland avoids the introduces transferable water allocations which land and water degradation problems can be traded on the water market. occurring in other States, as I have previously This Bill is being introduced to reflect the outlined. It will ensure that water is not current state of Queensland's water industry overallocated, placing our rivers at risk of and to ensure a safe supply for future degradation. A WAMP considers all the generations. The Bill will ensure that existing implications—hydrological, environmental, water users do have a secure supply, that social and economic—when determining future water development is sustainable and volumes of water needed for urban, industrial, that the health of our rivers and our agricultural and environmental requirements. catchments is protected. 2924 Water Bill 5 Sep 2000

In a mainly dry State such as aims to provide environmental flows to ensure Queensland, water is our most valuable healthy rivers, plants and animals. It aims to natural resource, especially as our population allow trading in water so that people can buy expands and as our industries grow. It or sell water, separate to their land title. It aims provides us with drinking water, it irrigates to separate the water industry roles of crops, it generates electricity and it is vital for management, development, regulation and heavy industry. It supports tourism and it service provision. It aims to allow private sector supports fishing. We know that a regular flow is participation in the water industry for projects essential to sustained plant and animal such as the Nathan dam. It aims to ensure population throughout the environment. Water greater public consultation and input in water also has strong recreational and cultural management to achieve a fair outcome for all importance within our own diverse society. water users. Queensland has never had a lot of water. In this debate we should also look at what The little we did have has often come from is wrong with the old laws and why they will not irregular flows and shallow rivers, but we never work properly. The principles of Queensland's had a lot of people either, so our fragile water laws were written back in 1910, when environment is relatively intact. However, our there was little competing demand for water, recent population growth means there is when there was little evidence or knowledge of greater competition for water. Our urban water environmental impacts and when there was no supply needs are growing. Our irrigated way to model river flows to ensure that water agriculture— was shared fairly between all users. In short, Mr Knuth: We need more dams. they are out of date. Mr NUTTALL: That is a great solution! We There are many problems with the current just build more dams. That is really going to laws. There is no power to allocate a flow of help! water specifically to sustain the environment. Water licences have been issued with no Our urban water supply needs are knowledge of the total amount of water growing, our irrigated agriculture is expanding available, so every new licence can effectively and our factories are getting bigger. With all dilute the reliability of existing licences. these demands, our limited supplies of water Licences can be cancelled by the Government need to be allocated carefully and used wisely. at any time without compensation. Licences The environmental problems experienced in also have a limited life and are difficult to other States—salinity, blue-green algae, transfer. Irrigation water cannot be bought and pollution and water shortages—are not as sold, except as part of a land package. There severe in this State, but we know that could is no process for catchment-wide water use change. Already the first stages of salinity are and environmental planning. Private enterprise appearing in parts of Queensland and the cannot participate in developing water storage tragedy of the Murray and Darling Rivers' and distribution systems. There is no process degradation is a clear warning of what could for the fair sharing of overland flow water. happen here in Queensland. Some water regulations are tied up in other The community and the people of this legislation. The water regulator is not State are looking to the Government to independent of the supplier, which thus limits address all these issues now to avoid appeals. There is no safety regulation that problems in future years. Many water users applies to both the public and private service have already started doing their bit to manage providers. Lastly, there are no recognised water. We have trickle irrigation, we have customer service standards. There are a recycling, we have efficiency programs—and number of difficulties and problems with the the list goes on. But now it is time for us to legislation as it currently stands. enact some laws. I will also touch on the public consultation Queensland is also party to a 1994 process. I think one of the problems with agreement from the Council of Australian consultation is that some people believe Governments which recognised the urgency of consultation is only effective when they get modernising Australia's water use. In line with what they want. That is not what consultation the COAG agreement, this Bill aims to halt is about. Consultation is about talking to degradation caused by water use, such as the people, explaining to them what we want to do problems in the Murray-Darling Basin. It aims and getting their input to see if we can do it to implement a modern water management better. For nearly two years this Government system—one that is efficient and sustainable. has consulted continuously to ensure that all It aims to clearly specify water entitlements for water users and other major stakeholders had users so that their supply is a secure one. It input into the drafting of the Water Bill 2000. 5 Sep 2000 Water Bill 2925

This began with regular monthly meetings of and members who have spoken during this the Water Industry Peak Consultation debate have stressed that point. Its Committee. Committee members included importance is emphasised very clearly by the representatives from the Queensland Farmers drought that has been and is still causing Federation, the Local Government Association enormous problems for the Brisbane Valley, of Queensland, the Queensland Irrigators the Lockyer Valley and the Darling Downs on Council, the Environmental Defenders Office, and off for about nine years. There has been a the Queensland Conservation Council, Cotton bit of relief here and there. That drought Australia, the Australian Conservation epitomises the need to ensure the proper use Foundation, the Brisbane City Council, of water and the necessity to regard it as an Canegrowers, Agforce and Queensland Fruit extremely precious commodity. and Vegetable Growers. One can see from Most members have said that there is a that exhaustive list that, in terms of very limited water supply in this country. A lot consultation and in terms of having input from of water has been misused over the years, a wide range of organisations within the State, and a lot of people have learned the lessons the Minister has done very well indeed. of that misuse. I want to commend the speech The Government also met with local by the member for Toowoomba South, farming groups, and it has done that through because I believe he hit the nail on the head interim local management committees and in terms of the causes and effects on the water advisory committees. It has also met Darling Downs of the lack of water. I echo his with local governments at the regional forums. comments about the Lockyer Valley and the It has met with statutory water authorities at Brisbane Valley, which encompass a fair bit of water board meetings and, of course, all other the electorate of Crows Nest. In all of those industry stakeholders. It seems I have worn areas a need for security of supply has existed down the member for Callide with logic and for many years. Security of supply is the point commonsense! I would like to think so, that has been missed by Government anyway. From November 1998, the members. I think that is tragic. Government released a number of discussion The member for Toowoomba South spelt papers and five draft water policy papers that out clearly the very real effects of lack of water were circulated for public discussion and security on the productive sector in comment. Comments received in relation to Toowoomba. He mentioned the effect of those papers were incorporated into the deregulation of the dairy industry, brought preparation of a number of exposure draft Bills about by National Competition Policy. Now we last year. Those separate Bills were later have another change brought about by amalgamated into the single Water Bill 2000. National Competition Policy that is being We have heard from a number of proceeded with regardless, rather than the Opposition speakers a fair bit of doom and Government listening to those who will be gloom. It is not dissimilar to the gun debate affected: the users and the people who will that we had in this Parliament: it was doom have that security taken away. That is where and gloom and all things terrible would the legislation is wrong. No-one denies the happen. But we got through the gun debate, need for proper controls over a very limited the laws are in place, and in general we find supply of water, but those controls have to be that they are working. The same must be said, fair and equitable. I think, for the Water Bill. If we give it an Dirranbandi was mentioned. It is an opportunity to work, if we are committed to it, if interesting place to visit. Not so many years all those parties that I have spoken of are ago, the people in the area relied on wool genuine in terms of trying to have a production, and they were, in the main, going sustainable water supply in this State, if we broke. I knew some people out there who were work together, we can protect our environment on their uppers. It was quite surprising when I and ensure a water supply, and all the parties went there last year to see how they had involved will benefit. It is not an easy process. transformed their country and their productivity. It is a process that has taken quite a long They had gone from despair to hope. The period. I want to particularly congratulate the wool industry, as I said, was finished, and they Minister and officers of his department on the were finished. I said to one of them in work that they have put into this legislation. I particular, "You were broke three years ago. support the Bill. How on earth would you get the money— Hon. T. R. COOPER (Crows Nest—NPA) nearly $1m—to put into your water (5.02 p.m.): I, too, wish to make a contribution conservation plan, your irrigation plan, to now to the debate on the Water Bill. Most people in grow cotton?" He said, "I was totally finished. I this House realise the importance of water, was about to walk off." The bank financed him 2926 Water Bill 5 Sep 2000 totally into the water conservation program and water flowing from Luggage Point into the bay. system that he has installed on his place. It is A lot has been said about it, a lot of planning a brilliant scheme. His first crop of cotton was has been done and a lot of work has been put in the ground and he was ready to rock and into it, certainly by the potential users of that roll. He has been going well in only one or two 160,000 megalitres of water. The aim is to years, which illustrates the difference if one change that position, based on two factors. can make that change. Two enterprises will The first is the damage it is doing to Moreton lose under this legislation. The producer to Bay. The second is the fact that that water is whom I referred will lose, because under this being wasted when it could be turned into a legislation he will lose 80% of his water productive supply for the Lockyer. While it will security. So that finishes him off. The second be expensive to take that water up to the loser is the bank, which put up the money. Darling Downs, we have to do a full feasibility It is great to witness the productivity of the study with everyone involved: State, Federal, people of the Dirranbandi area. Their numbers local government and the users themselves. are multiplying tremendously. If you go out We are not looking at one year and saying, there now you cannot get accommodation, "Well, it will be terribly expensive; therefore, we which is great. Once upon a time you could can't do it." We are looking at a supply for the buy any house in town. Now houses are at a next 50 or 100 years. We have to have a bit of premium, and the number of employees out vision about this in order to provide water to there is incredible. Last year I travelled there people who will need it, not just for their own with the shadow Minister. We witnessed a use but for the productivity that goes with it. massive transformation, not just in cotton but Being a dry continent as we are, we have to in grape growing and melons and every other look at ways and means of solving those thing you can grow with sufficient water. Those problems. If we have an asset that is running people are using it very effectively and out into Moreton Bay and being wasted, why efficiently. When those people tell their stories not do the sums to see just how much it would and you know what they have been through cost per megalitre to redirect it for use on the and you realise the levels of productivity that Darling Downs or in the Lockyer Valley? We will be lost and the employment opportunities need some leadership on that issue. As I said, that will be lost, it is a great shame, and all for a lot of work has been done, but it needs to be what? progressed. We are letting this so-called excess Lord Mayor Soorley and Mayor Dianne water—the water that is being removed for the Thorley in Toowoomba have recognised that a Darling Downs, the Upper Condamine and window of opportunity exists in this respect Dirranbandi—run down to New South Wales over the next 12 or 18 months. We would be and South Australia, just because they have very neglectful if we did not take advantage of been belly-aching about a shortage of supply, that opportunity and use that water just because they have made an utter mess of productively. Earlier, the member for Sandgate their irrigation programs over many, many was wondering where the water is to come years. They got started first, and they are the from. Here is one area from which it can come. ones who made a mess of it. They are the We need a positive attitude, not negative ones who have created adverse salinity knocking of a proposal such as this. effects. They are the ones who cleared the I also mention the Richmond Shire. It has timber and everything else long, long ago. a plan to follow Dirranbandi's example. Once Why should we have to suffer for their the EIS has been done and the necessary mistakes? Are we suckers enough to listen to approvals obtained, that would transform that those people down there, who should put their particular part of the north-west of the State. own house in order? I think they are starting to Again, it takes some vision and a bit of do so, but nevertheless, for our own leadership to be able to make sure that those people—who have legitimately gone about proposals, having passed all the necessary implementing irrigation schemes and water tests, proceed. That is something that we conservation schemes—to have their water should not be knocking and being negative allocations taken away is wrong. It is wrong about. We should be making sure that those morally and wrong in law. That is the sort of things actually happen. issue that the Minister will have to address, I endorse the comments of those who and we will certainly address it, because that is have said that there is a need for a smarter something we cannot allow to happen. It is too use of water. We should learn from the frightening for words. mistakes we have made over the past 50 or The member for Toowoomba South also 80 years. In many respects there has been a mentioned the attempts to recycle the waste wastage of water. Once the cost of that 5 Sep 2000 Water Bill 2927 wastage is tallied, people tend to realise it is is the salad bowl of south-east Queensland. It far better to get smart and use smarter must have a supply of water and that is one techniques. Those techniques are around. way of doing it. What is required is not legislation to force As far as the issue of future water people into using smarter techniques but allocation is concerned, I notice that the QFF, education to prove that those smarter the Queensland Farmers Federation, and the techniques can result in increased production Queensland Irrigators Council are very at less cost. As an example of such water concerned. There has been insufficient wastage, in some rural areas at midday or 1 consideration given to future allocations in the o'clock in conditions of howling winds I have water allocation and management planning seen some irrigation systems blowing water process to date. They would not say that anywhere but onto the soil. We know that that without cause. They are very responsible happens in certain cases. There is not a lot of people and are obviously very concerned. If wastage, but we have to recognise that every they say that, then there is a problem. little drop is precious. Therefore, every little drop should be used as productively as We see that this Bill now provides scope possible. It is a case of using less to produce for further water allocation for development more. That would also lower irrigation costs. identified in a water resources plan. The plan should also address needs, priorities and I again reiterate my concern regarding the mechanisms for the use of that water. I ask consultation process. I know a lot of the Minister to take these things into account consultation has taken place. The member for during the course of the implementation of this Sandgate mentioned that delays occurred legislation, because if we are to pass this Bill when the Borbidge Government was in power we have to make an enormous effort to get for two and a quarter years. Those problems the detail and the workings right. The issue of have existed for something approximating 50 compensation has been mentioned and we years, so I do not think he can blame any know that there is no provision for particular Government at any particular time. compensation. It is only when a problem arises The fact is that there is a problem and it is a during the formation of a particular WAMP that problem that we all recognise has to be fixed. compensation will be considered. We also recognise how difficult it is to fix such a problem. We all knew that one day we would I note that there is not much detail of the somehow have to come to grips with this trading rules. They will be spelt out in the issue. In the process of coming to grips with regulations. I believe that they will create this issue, as we now are, it is very timely to extensive interest. As far as the tradable water recognise the people who will be adversely entitlements are concerned, the Minister has affected by it. Those people are the users, the informed me that they will be reflective of the people who have the knowledge and expertise local catchment areas. We will wait with to be able to give advice. We must be able to interest to see how those regulations work. secure the supplies for those people who have In relation to the right of appeal, we notice their systems in place. That is absolutely vital. that there is virtually no right of appeal. That I notice that there are approximately 148 has also concerned the QIC and the QFF and amendments to this Bill and they will take they have spelled that out very clearly. A some working through. It is a massive number provision giving people the right of appeal will of amendments. The Minister should have not create enormous problems. In most considered withdrawing this Bill and presenting legislative situations the right of appeal exists. a new one. If he had done so, we would People have an appeal right about the probably have a better chance of valuation of land. So these people, too, should understanding what those amendments are have an effective right of appeal, because about. grievances may arise that need to be sorted I want to deal with some of the other out. matters contained in the Bill. Before I do that, I The issue of water can cause wars, so it reiterate that security of supply is necessary. can certainly cause severe grievances The Buaraba Landcare group in the Brisbane between neighbours. Solving those problems Valley has for years tried to get water via a often requires the wisdom of Solomon, but pipeline from the Wivenhoe Dam to supply the once we know the problems are there, we 150 irrigators in that area with a secure supply must have mechanisms by which we can of water. Atkinsons Dam is not really of good achieve fairness and equity. That is really what construction and with a pipeline from we are looking at. We have the issue of Wivenhoe would result in increased overland flows. The industry groups that I have productivity. We must remember that that area mentioned have not advocated the regulation 2928 Water Bill 5 Sep 2000 of overland flow but have generally accepted Governments and the users should try to get the fact that they have to go along with the the artesian system back to at least a level at proposal at this stage. What the QFF has which it will not be depleted. Once upon a time sought, and I reiterate this on its behalf, is to when that scheme first came into play, the aim ensure that regulation would take place only in was that, by the year 2000, the artesian defined areas where there is a risk that system would be levelled off. However, that overland flow development will impact on the has not come to pass. It all comes back to use of water for pastoral and agricultural funding—whether the State Government or purposes and it is confident that this is the the Federal Government decides to fund it or case under the Bill. not to fund it—as to whether or not that A three-stage approach is proposed: no scheme can be implemented on a continuing controls of overland flows, which would be basis. It has got off to a good start. The focus across the majority of the State; voluntary has been on the main large bores, and that is guidelines, where the community indicates good. However, because of the water wastage there is a problem that needs to be addressed and the need to get that artesian basin back on a self-regulatory basis; and regulation in to where it was the scheme has to be those areas where there is a serious problem, continued right across-the-board to all of those where there is real concern about the growth in bores that are not controlled at present. I demand for access to overland flows. believe that we are on the right tram as long as Governments recognise the need for and I appeal to the Government on behalf of the importance of that particular scheme. those people who, as usual, will be the bunnies or the guineapigs—I hope that they We are about the conservation of water; are not—because this is such a serious matter. we are about the sensible and efficient use of We have heard about the detrimental effect water. We are against the wastage of water. on productivity, the detrimental effect on the We need to make sure that we use every livelihoods of business people and their weapon at our disposal to guard against the employees and the detrimental effect on wastage of water. As we know, water is productivity. The member for Sandgate made paramount to this State and this nation. some fairly valid points. He was advocating an Mr SEENEY (Callide—NPA) (5.22 p.m.): I ability to come to grips with major problems rise to join this debate on the Water Bill well such as this. It is once he gets on to that type aware of the deep sense of suspicion and of rhetoric that we hear from people such as doubt that exists throughout Queensland Imogen Zethoven who do not know the concerning this legislation. It is a deep sense practicalities of what they are talking about. It of suspicion at what this Labor Government is is all very well in theory to make those really proposing for the management of statements, but when we get to the practical natural resources—natural resources that are end and see the effect of this legislation on becoming increasingly precious. the people who will be affected by this, we In common with so many other natural must listen to those people just as much as we resources, water is increasingly the target of do to the theorists, because the theorists can the glittery eyed ideologists who know end up having an enormously detrimental everything and understand nothing. They effect on this State, its people and their make sweeping judgments from the safe livelihoods. That is totally unacceptable, and I distance of isolation. They know everything definitely feel for those people. and understand nothing. It is no wonder that The Opposition and other people from all there is a deep sense of suspicion in rural walks of life who have an interest in water—its Queensland, especially in the irrigation usage and the vision that we need to have for industry, given that this Bill was introduced into water provision—will follow this Bill very closely this Parliament by a Minister who has proven all the way through its implementation and himself, by his management of the Natural beyond. The coalition will have a lot of work to Resources portfolio, to be a servant of those do in finetuning this legislation when it is ideologists and totally incapable of taking a implemented. As I say, it is our duty and balanced view. responsibility to those people who are going to Minister Welford has failed consistently to be severely and adversely affected by this give any credit to the people in the community legislation to do that. who have the practical knowledge of natural I will mention just briefly the artesian resource management. He has failed totally to system, which is something that is very dear to give any credit to the many practical natural my heart, having had a lot to do with it over resource managers within his own department. the years. The State and Federal Instead, he has chosen to pursue his own 5 Sep 2000 Water Bill 2929 agenda and the angst that he has caused has is a pivotal provision of the Bill and an issue of been unparalleled in Queensland's history. great concern for land-holders generally. The contempt in which this Minister is held Clause 19 defines that ownership right when it among the people who know and understand states— natural resource issues is impossible to "All rights to the use, flow and control overstate. This Bill is the latest in a series that of all water in Queensland are vested in has become known in rural and regional the State." Queensland as Welford's agenda. It can be regarded only with the utmost suspicion by the That is a very significant change to what stakeholders who are most affected by it, and generations of land-holders have understood so it has been. as their property rights, and such a change is fraught with danger in its many different I am one of those stakeholders. I own an possible interpretations and applications in a irrigation business and I hold a water practical sense. At common law and in general allocation. I appreciate more than most the acceptance, the land-holder had an absolute emotiveness of this issue and the importance right to impound and to use rainfall and water of getting it right. My contribution to this occurring on the land that they owned. It has debate will necessarily be from the point of been generally accepted as a given, an view of a long-term participant in the irrigation unchallenged right, that landowners owned the industry. It is not an overstatement to say that water on their land and that they had a right to for many rural communities, water, the future use the water that fell on their land. Indeed, of water management and the future provision that water was part of their property right. That of water infrastructure is a matter of life and has been accepted for generations. death. Without access to irrigation water, many of those communities face a slow and For many years the current Queensland inexorable decline. If that water infrastructure legislation has vested in the State the right to can be provided and managed properly, the water in watercourses, lakes and springs, future can be a bright one, just as it is for except those that are wholly within the land of communities such as Emerald and one land-holder. That has long been Mundubbera, where irrigated agriculture is considered necessary to allow the regulation of successfully underpinning the local economy. water extraction from those major water bodies. The very significant effect that clause Emerald and Mundubbera are the 19 has is to extend the rights that the State success stories that we never hear about from now has in respect of those major water the Government in this House. They are the sources to all water, no matter where it occurs. success stories that it never talks about. They It extends the control and the rights that the are the success stories that the Minister Government has to every drop of water on refuses to acknowledge and of which his every piece of land in Queensland. That lackeys such as the member for Nudgee, who provision is very dangerous in the hands of a read a prepared speech, have no concept. Minister who has proven himself to be an They speak ad infinitum about the Murray- ideologist and who to date has shown no Darling and the obvious problems that exist understanding of the practical reality of natural there, but we never hear the good stories resource management. It is no wonder that about successful Queensland irrigation people are concerned. This clause will impact schemes. on every land-holder and it will take away long- Some parts of this Bill are positive and are held property rights. needed by the industry and some parts are just totally unacceptable and quite simply an The danger that this proposition affront to the values that the irrigators across encompasses is somewhat mitigated in the Bill Queensland have long held dear. The by clause 20, which confers on land-holders proposal to vest all water in the State, the right to take and use the water on their supposedly to allow for planning and land for domestic purposes and for stock allocation, has perhaps aroused the greatest watering. It is further mitigated by subclause 6, degree of suspicion in rural Queensland, and which says basically that the land-holder can quite understandably so. Given the use the water like he has always been able to emotiveness of the issue and the record of do unless there is a moratorium notice or a Minister Welford, to which I referred earlier, it is water resource plan in place for the area within understandable that that proposal has which his property lies. generated a great degree of suspicion and In his second-reading speech, the angst. This Bill sets in law the concept that the Minister said that this Bill has in large part State or the Government legally owns all the arisen from the 1994 COAG agreement. While water in the State of Queensland. Indeed, that that is true in many respects, it is also true that 2930 Water Bill 5 Sep 2000 the COAG agreement of 1994 has been this legislation to some new form of water interpreted in many different ways to suit many allocation. I first raised in this House over 18 different agendas. The COAG agreement has months ago the issue of the integrity of water been used to justify massive price rises for licences and the allocations that the water water even though the agreement required users currently hold. Many times since then I only the establishment of the full costing of have listened with interest to the explanations irrigation schemes. It has been twisted to of the Minister as he has set out to justify how justify the charging of higher water charges these licences and allocations can be taken even though whole communities benefit from away without compensation to the holder and irrigation schemes. without any right of appeal. Today I say again The thrust of the Water Reform Unit's in this House that I reject the Minister's pricing is to charge the first beneficiary of the arguments categorically. The water licences water—the one who pumps it—the full cost of and the attached allocations that I and other the water even though the benefit flows to the Queensland irrigators hold were granted by the whole community. I believe also that the role State with the full force of the law behind of the NCC in its use of the COAG agreement them. They were recognised as legal has gone far beyond the original intent. The entitlements. Any transgression was vigorously use of the national competition payments as and inevitably pursued by the Government of some form of bludgeoning tool to force this the day, and heaven help anybody who did State into some position decreed by an not abide by the onerous conditions that those unelected group is totally unacceptable and it licences and allocations had attached to them. needs to be reversed immediately. The full force of the law was brought to bear upon them. The Minister said also in his second- Those water allocations were very much reading speech that this concept of vesting all part of property values. They have for many water in the State was to allow for the control years constituted the major part of an irrigator's of overland flows. It is a fact that there are capital base. To suggest, as the Minister is areas where the need exists to regulate doing in his ignorance, that those water overland flows and to control what is allocations and the rights they encompass can unsustainable development, but the rather now be significantly curtailed with the obvious question to me and to anybody else consequential decrease in property values is with an ounce of practical knowledge is: why totally unacceptable and simply not logical. It is not restrict this concept of vesting ownership of quite simply absurd to suggest, as Minister all water in the State to those areas where Welford has done, that a water allocation can those controls are needed? There is no need be varied without the holder of that allocation to extend the concept Statewide and then put having the right of appeal or, quite incredibly, provisions in place in this legislation to restore without the holder of that allocation having any the rights that land-holders have always taken claim to compensation. That attack on for granted. To restore those rights at the whim property rights is completely unjustifiable. It is of a Minister who is currently highly distrusted against the concept of natural justice. It is will meet with very understandable levels of against the concept of fair play that we all hold suspicion and rejection amongst land-holders. so dear and it should be totally repugnant to There is simply no need for this Statewide any fair-minded honourable member. vesting of ownership. It is not difficult to understand the I will be moving an amendment to limit catastrophic effect that such a change to water the vesting of ownership of water in the State allocations will have on irrigators and their to those areas where the problems exist. That businesses. It could destroy their ability to would seem to be the sensible approach. achieve viability and destroy the capital value There can be no justification for imposing on of their assets. Indeed, it is the arbitrary all Queensland land-holders a concept which removal of an asset—the arbitrary removal of a removes their property right—that takes away property right—without the right of appeal or a right that they have always had—and then the right to compensation. That is and should returns it to them at the whim of the Minister of be repugnant to our concept of common law the day. I will move that amendment at the and private property rights, yet that is what this Committee stage of this Bill, and I will have Minister is proposing to do in this Bill. He has more to say about the concept then. tried for over a year to destroy the integrity of The other area that must be amended in the existing water licences and water this legislation relates to existing entitlements allocations. He has been singularly or existing water allocations and the proposed unsuccessful in that regard. Unless the conversion of those licences and allocations in amendments that will be introduced by the 5 Sep 2000 Water Bill 2931 shadow Minister are successful, on this issue any fair observer they are far out of proportion alone I will be voting against this legislation, to penalties for other offences, including even though it does contain some other serious criminal offences. In this Bill there are provisions that have been long awaited by the offences involving the misuse of water that irrigation industry. carry fines of up to $124,800. There are The industry generally would support the offences involving the misuse of water that creation of a separate water title, for example, carry a jail sentence of five years. There are which would allow water rights to be traded powers granted to officials to enter, search and separately from land titles. That would be to take possession and carry out all sorts of the benefit of many operators who wish to actions that are quite extreme. We are talking expand and allow others to realise the value of about water users. some of their assets without selling out These penalties should be compared with completely. It would also allow the transfer of penalties imposed on violent criminals. What water to high-value crops as market forces do we have to do to get five years in jail in begin to come into play. However, caution terms of misusing drugs, breaking and needs to be exercised in respect of the ability entering or assaulting people? Yet the Minister of particular schemes to accommodate the is proposing to put water users in jail for five transfer of water between areas and the social years. Irrigation farmers are not criminals. justice issues involved in ensuring a fair and These suggested punishments are absurd and equitable distribution of a limited resource. But they reflect an attitude on the part of the that tradability will be welcomed—indeed, it is Minister and on the part of the extreme badly needed—by a couple of major projects, greenies in his department who set out to one of which is the Nathan dam project within demonise irrigation farmers as some sort of my electorate of Callide. The proponents of environmental vandals. That attitude is further the Nathan dam project badly need this reflected in the Minister's complete lack of particular part of the legislation to allow them progress in building any new infrastructure or to sell their water entitlements and to allow that providing for any expansion of any irrigation project to proceed. Because of the other parts scheme in this State. in this legislation I, regrettably, will not be able On many occasions we have raised in this to support that unless the amendments that I House the need for water infrastructure have referred to are successful. development throughout regional Queensland The industry generally would support the for the sake of developing industries and rural range of catchment-based water planning communities. Yet in spite of the work of the resource processes that are given effect by water industries task force which the Minister this Bill as part of a comprehensive planning inherited—the work was all done by the management and allocation framework. The previous Government—the Minister has done Minister and his support base in the nothing except attack the industry and environmental movement do not have a demonise its participants. No work has been mortgage on concerns about sustainable done. Many studies and reviews have been development. Everyone in the irrigation undertaken, but the very integrity of those industry supports that concept. Everyone in studies has been threatened by their use as a the irrigation industry has supported that political delaying tactic. There was, and concept for many years. Everyone in the probably still is, a great deal of support for the industry is keen to see that the obvious WAMP process, yet this process has fallen mistakes that have led to the regrettable victim to the Minister's political interference. degradation seen in some southern States are The level of environmental flows has been set never repeated again. Everyone is keen to see for political reasons. The critical levels have that the things that the Minister and his been set at ridiculously high levels to ensure lackeys refer to ad infinitum in this place never that the resultant WAMP is in accordance with happen in Queensland. However, I reject the Minister's wishes. entirely the demonisation of irrigation farmers The Burnett River WAMP is a classic that appears to be the approach of those who example. For purely political reasons the live in comfortable isolation from the realities of environmental flow at the mouth of the Burnett the industry and that appears to be reflected in River has been set at 80% of the natural flow. this piece of legislation in a number of ways. How ridiculous is that? No-one denies that As well as attacking the basic and long- there has to be some water flow out to sea, held rights of land-holders, the Bill creates a but to set the level at 80% with only 20% substantial number of offences. These available for use for urban, industrial and offences are punishable by punishments that irrigation industry is quite simply absurd. It is an are very substantial indeed. I suggest that to absurd restriction on the industry that has the 2932 Water Bill 5 Sep 2000 potential to add much to the economic contained in the clauses. It will be gagged development of what could be one of the most before we get an opportunity to debate the productive areas of Queensland. 148 amendments that the Minister so The development of the Burnett Valley contemptuously walks into this House and has been restricted by this Government's drops on the table. That in itself is an example refusal to advance the water infrastructure that of the Minister's incompetence and the is so badly needed, just as the lack of similar contempt that he has for the very real people development has restricted growth in so many who depend on the services of the other areas of Queensland. This Minister's department— stubborn attitude is an absurd restriction on Mr DEPUTY SPEAKER (Mr Reeves): the Government's own rhetoric about Order! The member's time has expired. achieving jobs and it clearly undermines the Mr Seeney interjected. support for the whole WAMP process, because many people involved are forced to Mr DEPUTY SPEAKER: Order! The the conclusion that the Minister has turned it member for Callide will respect the Chair. I into a politically based process. Support for the warn the member for Callide. WAMP process that is so important to this Mr Seeney: What for? legislation is also severely undermined by the Mr DEPUTY SPEAKER: Order! Withdraw lack of emphasis on people. your statement. The WAMP study process looked at Mr Seeney: Mr Speaker— everything in the Burnett River. It studied the frogs, the fish, the trees and the weeds on the Mr Johnson: Mr Speaker— banks, but the effects on the people of the Mr DEPUTY SPEAKER: Order! The Burnett Valley and the socioeconomic effects members for Gregory and Callide will resume on the communities were not even considered. their seats. I warn the member for Callide The whole thing was designed to achieve a under 123A and I now ask him to withdraw preconceived outcome. The WAMP process that statement. was used to justify a position developed for Mr Seeney: I did not make a statement political reasons and was used to delay the to withdraw. decision making process to try to protect the member for Bundaberg, who made some Mr DEPUTY SPEAKER: Order! I clearly promises before the last election which she heard you reflecting adversely on the Chair. I cannot deliver. ask you to withdraw. You have been warned under 123A and I ask you to withdraw. I would support a review of the water legislation in this place. Everyone would Mr Johnson: It was me who made the support a sustainable management process statement, not the member for Callide. I was that provides for ecologically and sitting over there. I will stand up and make that environmentally sustainable development. But apology to the Chair if you find it a slur on the even though this Bill states that it has an Chair. It was not the member for Callide. objective similar to that, it includes provisions Mr DEPUTY SPEAKER: Order! It was not which cannot be supported by any fair-minded that statement. It was a statement from the member of this House. It cannot be supported member for Callide. when we have introduced into this House on Mr Johnson: He never said anything. the day that debate begins some 148 amendments—almost a Bill in itself. It is Mr DEPUTY SPEAKER: Order! I do not almost impossible for those of us who have an want to repeat the statement that the member interest in the area to fully understand what for Callide made to me. The member for those amendments are going to mean to this Callide will withdraw. He has been warned already huge piece of legislation. under 123A. It is a huge piece of legislation. It is Mr Seeney: Mr Speaker, in deference to almost impossible for the average stakeholder the Chair rather than the occupant, I will to digest. It is certainly impossible to digest withdraw. quickly. It has been brought forward for debate Mr DEPUTY SPEAKER: Order! I warn the with an amazing number of amendments. I member under 123A. I give you a final warning suspect that, in common with every other under 123A and I now ask you to withdraw piece of legislation that deals with natural unequivocally. resources issues or primary industries issues, it Mr Seeney: Mr Speaker, I withdraw will be gagged in this House before we get an unequivocally whatever it was that you found opportunity to fully debate the detail which is offensive. I repeat that I did not say anything. 5 Sep 2000 Water Bill 2933

Mr DEPUTY SPEAKER: Order! Resume using a natural resource that is under review your seat. for many years and, in some cases, many Mr JOHNSON: I rise to a point of order. I generations. would just like to make reference to what has This Bill before the House today looks to occurred here in the past couple of minutes. I establish a sustainable management was sitting over there. It was me who said to framework for the planning allocation and use give the member for Callide the extension. The of water and other resources; to establish a member for Callide did not say anything and I regulatory framework for service providers find— covering asset management, customer Mr DEPUTY SPEAKER: Order! That was standards and dam safety; and establish a not the statement. governance regime for statutory authorities that provide water services. I look forward to Mr JOHNSON: The member for Callide the Committee stage of this debate as these did not say anything and I stand by that. issues are debated thoroughly and in depth, Mr DEPUTY SPEAKER: Order! That was because that is where I believe we will get not the statement reflected adversely on the down to trying to point out the difficulties that Chair. I am not going to repeat the statements this legislation has for the people on the that came out of the mouth of the member for ground and the ones who are going to be Callide. As you said, you were sitting over impacted on mostly. there, so you did not actually hear what the A number of issues have already been member for Callide said. canvassed in relation to the problems with this Mr HOBBS (Warrego—NPA) (5.45 p.m.): I legislation. I do not want to go over all of them am pleased to speak on the Water Bill 2000. again, but we will deal with them in the As time goes by every democracy takes stock Committee stage. I think it is important that we of their position at various times and changes talk in principle of what those issues are. occur. Major historical events such as the Obviously there is no effective right of appeal signing of the Magna Carta, the industrial for current entitlements. It is obviously an revolution, the deregulation of the Australian erosion of the common law rights that are dollar and the banking system and, more available to all other citizens throughout this recently, tax reform in Australia have all State. If those opposite tried to do to the changed the way in which society goes about people in the Brisbane suburbs what they are its business. Lesser events such as the COAG doing to the people in the water reform have required all Australians to Condamine/Balonne basin— audit their water resources, project future use Mr Rowell: There would be an uproar, an and implement a management process. absolute uproar. Managing change is not always easy and Mr HOBBS: Yes, there would be absolute does sometimes require the wisdom of uproar, as the member for Hinchinbrook says. Solomon. In viewing this legislation, it is obvious that there are no Solomons on the Mr Rowell: There would be anarchy. Labor side, because even Solomon would not Mr HOBBS: Yes. If those opposite tried to have placed the solution so far out of reach do this to a major highway or in a populated that it should not have been put there in the area, there would be rioting. Those opposite first place. are taking this out on people in those areas Mr Welford: Did you write this? under the guise of sustainable development Mr HOBBS: Absolutely! The Minister and management. They are using all sorts of ought to listen; he might learn something from political arguments to try to build their case. it. What those opposite are doing is not fair and reasonable in anyone's language. In managing change today many local, State, Federal and worldwide concerns are Mr Rowell: It is utter rubbish. taken into consideration when reforms are Mr HOBBS: Absolutely. It is well worth undertaken, along with scientific data and talking about the right of appeal. The political implications. In Queensland, both implementation of an effective appeal process Labor and conservative Governments have has been made more difficult because the had involvement in the difficult task of water water resource plans will become law under reform. There is one basic fundamental this Bill before water users know their difference between the two Governments, and entitlements. The conversion of entitlements that is the absolute inability of the Labor will only be determined when operational Government to recognise fair and equitable planning in each area is completed. Those treatment of stakeholders who have been opposite have put the cart before the horse 2934 Water Bill 5 Sep 2000 and will erode people's entitlements. That is Wales does not have environmental water and not reasonable or fair for those concerned. because New South Wales has not yet put in The Government has no compensation place its reforms, all the Government is doing principles in place. Again, if it tried to do this in is sending that water over the border to go into the metropolitan regions of the State, there irrigators' pumps. would be a riot. Mr Barton: They'll send you over the The Minister may say that some people border. only have a water licence. In many instances, Mr HOBBS: The Minister for Police is those people have been using that resource contributing to this debate. So far, he has not for many years and, in some cases, said a great deal apart from his mumbling. generations. They have invested hundreds of However, I wish he would listen and tell some thousands of dollars into those projects. The of his Cabinet colleagues of the damage it is Minister has said that it is tied to a licence and doing to those communities. therefore there are no compensation principles at all. Mr Barton: I have been there; you haven't. Mrs Lavarch: What happens now? Mr HOBBS: At the present moment, there Mr HOBBS: How often has the Minister has not been a case where compensation has been there? The Minister is known as to be provided because the licence has not "seagull", because the only time he goes out been taken away. This is the first time— there means he must be lost. Mrs Lavarch: You only get a licence for a Mr Barton: I was there. They were looking certain period of time. for you in St George and Dirranbandi because they wanted to run you out of town. Mr HOBBS: No, those licences are ongoing. As a result, those people had this Mr HOBBS: They do not have to go very water to use and now it has been taken away far to find me, because I am there on a regular with no compensation. Nevertheless, basis. It is part of my electorate. The Minister infrastructure has been set up under that might not realise this, but I actually have an licence. In some cases, it can be worth a few electorate office in St George as well. hundred thousand dollars. However, in other However, we have to work our way through this cases it might be worth millions of dollars. It is problem to find the best solution. The not just those who hold the licence who have Government's proposal will not work. to be taken into account but all the other I now turn to the issue of compensation. people involved. As an example, I refer to the There is no compensation. The compensation community of Dirranbandi. Its population has principles that we put together after working risen from 400 people to 1,200 people. A our way through with industry are something whole community has been set up. Emerald is that the Government should have pursued, another example, and there are heaps of but it has not. It has thrown them out. The others. However, we have to remember that Government should go back to the drawing we are dealing with more people than just the board to look at that issue. farmers and the irrigators. We have to remember the people who go to those I now turn to issues raised by the Scrutiny communities and provide the contract work of Legislation Committee in its Alert Digest. It and the subcontract work. asked: does the legislation have sufficient regard for the rights and liberties of In fact, recently a meeting was held in individuals? Of course, the answer is no. I use Dirranbandi and the people at that meeting the example of somebody who has an existing were asked to indicate if they were under 45. dam that was built many years ago and which More than three-quarters of those attending is sufficient for their purposes today. If the put their hands up. When it was asked how Government decides that it can only be used many people attending that meeting were for stock and domestic purposes, that person irrigators, about 20 people put their hands up. may be required to let the water out of that The issue is this: the amount of human activity dam or reduce the size of the bank so that the and work being created around the use of this water can run further downstream. That is natural resource is enormous. What the possible. The Minister has admitted that. He Government is trying to do will devastate a lot said, in response to the committee's query as of those communities in many instances. to whether water in existing dams surplus to However, there is no need for it. The domestic or stock could be required to be Government does not need to do it. It is more redistributed, that such a decision could be interested in trying to send environmental made. He went on to talk about the values water over the border. Because New South and outcomes of a statutory planning process 5 Sep 2000 Electoral Fraud 2935 and so on. I refer those interested in the right here in Brisbane. They went on in some debate to that fact, because I believe it is detail about the vote rigging shenanigans particularly important. within the ALP through indiscriminate issuing Debate, on motion of Mr Hobbs, of multiple ballot papers and letterbox pilfering. adjourned. They also raised serious concerns about the incorrect and untenable decisions of the ALP disputes tribunal in dealing with their SUB JUDICE CONVENTION complaints. This is the same tribunal that Mr SPEAKER: Order! I refer to the point claimed Karen Ehrmann was as pure as the of order raised earlier in question time at which driven snow. But the complaint was not about time it was alleged that a matter raised was Townsville; it was about our own backyard in sub judice. Inquiries have revealed that the Brisbane. matter is a civil matter. The relevant sub judice In 1997, senior members of the Labor convention currently followed by the House Left and the Socialist Left told the Sunday Mail arising out of the 1976 Privileges Committee that branch stacking, vote rigging and ballot report is as follows. Civil cases in courts of law paper fraud were rife throughout the ALP. shall not be referred to in motions, debate or They claimed there was a floating population questions within the period of four weeks of people who could be put into any electorate preceding the date fixed for the determination in Queensland—their words, not ours. They of the substantive issues in the case and while said there was a lack of willingness within the those issues are being determined, not from executive to tackle the problem. The member the time a writ is issued. Therefore, because it for Woodridge would know all about that from is a civil matter not yet set down for his time as State secretary. He was the bloke determination of the substantive issues, it is who was running the show with a very large not sub judice according to the practice and broom and carpet. procedure of this House. Four weeks ago Karen Ehrmann claimed she was just a bit player in a much bigger ELECTORAL FRAUD game orchestrated by the AWU throughout Dr WATSON (Moggill—LP) (Leader of the Queensland. She said she was pressured and Liberal Party) (5.58 p.m.): I move— bullied by people in positions of power. She said branch stacking and electoral fraud were "That, in view of the conviction of common practice throughout Queensland. three ALP identities for electoral She said it was known and encouraged within corruption by rorting the electoral rolls for some factions of the Labor Party at the Federal, State and Local Government highest level, although of course she never elections, this House calls upon the named the Deputy Premier. These are not our Queensland Government to amend the allegations; they are hers—Labor's former Electoral Act to require proof of identity candidate for Thuringowa, the candidate for and address from all voters before ballots whom the Premier campaigned until she was are cast, and calls upon the nailed by the Federal police. That is what she Commonwealth to amend the said. Commonwealth Electoral Act to require proof of identity and address before a Ms Ehrmann claimed she had actually person may be registered on the electoral witnessed the forging of electoral enrolment roll." forms in Mundingburra and Thuringowa. She The ALP stands accused of electoral said some of those involved were directly corruption from within its own ranks. linked to a prominent ALP figure, although she never named the member for Townsville. A Government member interjected. Mr Reynolds: What are you saying? Dr WATSON: I will talk about Brisbane and about the member opposite in a moment, Dr WATSON: I said "she never named too. In 1994 the Socialist Left claimed that the member for Townsville". Does the forging enrolment cards, false address honourable member want to take objection to enrolments and alteration of ballot papers that? If he wants to stand up, that is fine. clearly demonstrated there were elements in Mr Dalgleish: You said "prominent" the party who were prepared to commit anyway. criminal offences in an effort to win ballots—their words, not ours. They claimed Dr WATSON: I said "a prominent ALP that electoral fraud had corrupted local figure". In sentencing Ehrmann to three years' preselections for council wards and State seats jail, Chief Judge Patsy Wolfe said— 2936 Electoral Fraud 5 Sep 2000

"The crimes you committed affect the or whatever. That can hardly be classified as confidence of the citizens of Australia in onerous. their democratic processes. It cannot be In fact, we believe the Commonwealth put too highly. You, at the end of the day, should go further. The proposed reforms relate had interfered with the integrity of the only to the point of enrolment, but the level of electoral roll. The integrity of the electoral corruption highlighted by the Karen Ehrmann roll is sacrosanct." case provides a compelling argument for proof This is the bottom line: the integrity of the of identity and address at the ballot box. electoral roll is sacrosanct. The Labor Party Anything less is second best. The integrity of has violated that trust, year in and year out, for the electoral roll is sacrosanct and so is the at least a decade. integrity of the ballot box. Both are essential to the proper administration of democracy. Both The Premier wants us to believe that this are essential to the integrity of the next was an isolated case. He wants us to believe election. that the ALP is just a little bit corrupt, but in truth it is rotten to the core. It is rotten in That brings me to my next point, that is, Townsville and it is rotten in Brisbane. It is the Premier's promise to go full term. That rotten from top to bottom. Ms Ehrmann was promise was not contingent on exceptional the third of three ALP members convicted on circumstances or any external influence. It 79 counts of electoral fraud. I have not the simply relied on the confidence of this House. slightest doubt that others will follow. The Premier's letter to the member for Nicklin states— We cannot undo the past. We cannot go back and change the results of every council, "I note your strong support for stable State and Federal election corrupted by the Government. I also restate my own ALP over the past 10 years—that is ancient commitment to stable Government, intent history—but we can fix the future. We can take on serving a full term so it can tackle steps to ensure that it does not happen again. unemployment. Accordingly, I indicate my The first and most logical step is to tighten up support for a resolution to be moved by the enrolment and polling requirements. That you to the effect that outside the fall of means proof of identity and address to register the Government through a successful and to vote. motion of no confidence the Government will continue in office for its full term. There The Beattie Government does not have a would be no election held before May good record in that regard. The Premier and 2001." Attorney-General have been stonewalling Commonwealth plans to stiffen identification The Premier's promise that there would requirements since December 1998. It is be no election before May next year unless easier to file a fraudulent electoral form than to this Government lost the confidence of the hire a video, but the Beattie Government House was made to secure Government. I call would rather set up its own electoral roll than on the Premier to reaffirm that promise tonight. agree to Federal reforms. It is not fair dinkum. I call on him to rule out any early election on any other basis. I am calling for a cast-iron The Premier has tried to justify Labor's guarantee that he will not run off to the ballot recalcitrance by quoting the initial reservations box before we know the full extent of electoral expressed by the Legal, Constitutional and corruption throughout the ALP. Administrative Review Committee. The The Courier-Mail thinks the Premier is problem is that they are no longer valid. They kidding, but we know better. He has had his are no longer valid because they were based finger on the panic button since Karen on the official assurances that electoral fraud Ehrmann went to jail four weeks ago. He has was not a major problem and a preliminary put the team on red alert. He does not care concern that the Commonwealth's about breaking his promise, because the requirements were unduly onerous. alternative could be even worse. He is already Since then it has become apparent that gearing up for a pre-emptive poll, which would electoral fraud is rife in the ALP, and the deny voters a chance to make an informed Federal Government has refined its proposal judgment about the full extent of corruption to ensure no-one is disfranchised. In other within his Government. An early election would words, there is now a clear need for these be an admission of guilt. It would be an reforms and no valid objection. All that is admission that Labor could not win once all required is a witness and some kind of the facts were known. The Premier claims he identification. Nearly anything would do—a has nothing to hide, so there is no excuse for drivers licence, a student ID, a Medicare card going to the polls early. Queensland voters are 5 Sep 2000 Electoral Fraud 2937 entitled to know before they cast their vote adopted in reviewing and overseeing whether whether the ALP is just a little bit corrupt or there was any corruption in the electoral rolls in rotten to the core. Townsville. Not surprisingly, those two This House has already called on the members indicated that there was not. They Legal, Constitutional and Administrative are the member for Woodridge and the Review Committee to investigate the best way member for Kurwongbah. to minimise electoral fraud. The Premier How can the people of Queensland have supported that motion and he is morally any confidence in this Government? How can obliged to implement its recommendation the people of Queensland have any before the next election. The committee will confidence in its ability to put the important report on 14 November, so there is no excuse mechanisms in place to ensure that we have for going to the polls early. An election now some integrity in the electoral enrolment would be a total waste of taxpayers' money, process in this State? What we have seen because no-one could have any confidence in from the Labor Party over the last couple of the result. What we are doing tonight is weeks is abject panic as it has thrashed about pushing for greater confidence in the result of trying to come up with a mechanism to ensure the next election. some degree of community faith, to restore Karen Ehrmann has already admitted that some degree of the credibility, something she and her Labor colleagues had no which it has been losing so much. compunction about rorting the roll, and there is The people of Queensland are very no guarantee that anything much has concerned about any political party which changed. The next election is likely to be won cheats in the electoral system. They are very by a handful of votes in a handful of seats, concerned about a political party which rorts including those in Townsville and Brisbane, the electoral roll. People may laugh with a bit where the stench of corruption is of hilarity at the indications of branch stacking, overwhelming. The people of Queensland are but when it goes further than that, when it entitled to know the facts. They are also goes as far as doctoring the electoral roll by entitled to know that the next election is fair systematically and endemically placing people and square. I commend the motion to the on the roll who do not even exist or do not live House. in a certain part of the world, there is Time expired. something wrong, and that leads people to believe that they have been cheated. Mr SPRINGBORG (Warwick—NPA) (Deputy Leader of the Opposition) (6.08 p.m.): The very important point for us to I second the motion moved by the Leader of remember is that, over the last few years in the Liberal Party. It is quite apparent that the this State, Governments have either come to Parliament has no choice tonight but to pass office or lost office based on one or two seats. the motion moved by the member for Moggill. So if one or two electorates are deciding the It is also quite apparent that the Labor Party outcome of a State election, and if people are has been cheating the people of Queensland enrolled falsely in either of those State for a long time now—election after election. It electorates and they are voting in those State has been boasting about it. Even in his electorates and determining the outcome autobiography, In the Arena, published in the because they are there in such significant early 1990s, the Premier was talking about numbers, then the people of Queensland are doorknocking as a hopeful candidate in the being cheated out of a just outcome. Redlands by-election in 1986. He spoke of Over the last few years Townsville has turning up to places and not finding the person been important to the political make-up of this there. State. Much of the cheating has been This is not only folklore; it is fact. It is fact occurring in that electorate. Who knows what which the Labor Party boasted about and was effect that has had on determining the happy to cover up for so long. But the Government of Queensland? What about the chickens have come home to roost, and the other allegations which have come to the fore people of Queensland are finally finding out over the last couple of weeks in some of the what the Labor Party has been up to in this suburbs of Brisbane? Those allegations have State. Three convictions in Townsville—which I also been referred to the CJC, which I understand the Labor Party is now describing understand will make an announcement as its own little Balkans—have proven that it is tomorrow. now finally being caught out. We have two It is very important that we put in place members of this Parliament who were part of mechanisms which prevent this type of the process the Labor Party engaged in and cheating from occurring. That is why this 2938 Electoral Fraud 5 Sep 2000

Parliament needs to establish some very clear our total support to the motion by the member principles which it can enunciate for the for Nicklin to request the all-party Legal, direction of the Legal, Constitutional and Constitutional and Administrative Review Administrative Review Committee and also for Committee to investigate and report back to the people of Queensland. With the Parliament on the best way to minimise information we have about the endemic rorting electoral fraud in State elections. The all-party and corruption of the electoral roll by the Labor committee is the appropriate body to examine Party, which has been going on for a long time the options included in Dr Watson's motion. in this State, it is quite apparent that we need to put in place some form of identification at When the motion was moved, Dr Watson the time of enrolment to ensure that people was enthusiastic in his support, but it appears who do not exist are not put on the electoral he has now changed his mind. In his motion roll and to ensure that people who do not live tonight, he is seeking to frustrate the in a certain electorate are not put on the roll. committee's full and proper investigation of We need to be emphasising that point to the these extremely significant issues. That is why Commonwealth Government as well. the Government is moving a motion to refer Dr Watson's motion for the consideration of that Further to that, it is now time to put in committee in its investigation and report. place a mechanism which ensures some form of legitimate and real identification for people The resolution of this problem involves the casting a ballot on election day, that is, proof consideration of conflicting public interests of identity. If we have a position in which intrinsic to democracy. It requires thorough Governments are being determined by such examination by a body such as the all-party small margins in this State and we have such parliamentary committee to ensure that any a high number of false enrolments, it is only proposal for reform will not be tainted by fair that we have some sort of system which perceptions of political expediency. Two guarantees some integrity in our process. proposals contained in Dr Watson's motion Time expired. have been previously considered and reported on in Queensland. The first is the proposal to Hon. M. J. FOLEY (Yeronga—ALP) require proof of identity and address by all (Attorney-General and Minister for Justice and voters before ballots are cast. In 1991 the Minister for The Arts) (6.13 p.m.): I move the Electoral and Administrative Review following amendment to the motion— Commission considered such a measure in its "Insert the following words before 'In report on the review of the Elections Act and view'— related matters. The report highlights the '1. The House notes the conclusion in tension between two fundamental principles. Report No. 19 of March 2000 by the On the one hand, there is the need to all-party Legal, Constitutional and maintain the integrity of the electoral process Administrative Review Committee by making malpractice more difficult. On the that the Commonwealth's "new other, there is the need to protect an elector's enrolment requirements have the right to vote. potential to effectively disenfranchise The commission concluded that requiring a significant number of voters"; voters to positively identify themselves when 2. The House further notes that on 22 voting would only alienate the electorate and August 2000 it requested the Legal, further reduce participation in the electoral Constitutional and Administrative process. I table the relevant extract from that Review Committee to "investigate EARC report. In addition, the report highlighted and report back to State Parliament the potential for significant delays in voting and by 14 November 2000 on the best the problems that could be experienced on way to minimise electoral fraud at polling day with electors arriving at polling elections where the Queensland booths without satisfactory identification but State electoral roll is used."; and demanding to vote. This in turn could only lead 3. The House requests that Committee to increasing disenchantment with the electoral to include in the said investigation process and the effective disfranchisement of and report consideration of Dr many voters. Watson's motion that:'." The need to stamp out corruption and At the outset I place on record this fraudulent voting has rightly been the focus of Government's unequivocal commitment to the considerable attention. However, it is important elimination of electoral fraud. That is why, on not to lose sight of the equally important 22 August this year, we welcomed and gave principle of protecting the right of all 5 Sep 2000 Electoral Fraud 2939

Queenslanders to participate in choosing their Dr Watson. We should refer that motion, which representative Government. includes certain policy options, to that Dr Watson's second proposal, to require committee for that committee's consideration. proof of identity and address before a person Time expired. may be registered on the electoral roll, raises similar issues of potential disfranchisement. In Ms STRUTHERS (Archerfield—ALP) March this year, LCARC—including the Liberal (6.18 p.m.): I am very pleased to second the member for Indooroopilly, Denver Beanland, amendment moved by the Attorney-General and the National Party member for Burleigh, and support the measures he has introduced Judy Gamin—examined and reported on the to date to minimise electoral fraud in this implications of the new Commonwealth State. Being a member of Parliament is a enrolment requirements in its Report No. 19. tremendous honour. Hand in hand with this The committee concluded— honour is the expectation that members of Parliament will uphold high standards of "The new enrolment requirements accountability and responsibility and adhere to have the potential to effectively high standards of ethical behaviour. Our peers disenfranchise a significant number of and the public do not expect us to be flawless, eligible voters." but they have a right to expect honesty. This was because the inconvenience and Mistakes can be forgiven, but any efforts to potential cost of meeting the requirements gain advantage by tampering with electoral could create a significant deterrent to enrolment procedures are intolerable. enrolment and re-enrolment of voters. In Queensland, where recent elections have In fact, it is important to affirm to the seen one seat determine the fate of public that the Australian democratic electoral Government, the implications for the system and our own State system are model democratic process could be particularly systems. They work and they work well. There significant. The committee concluded that a has been no substantive evidence of electoral better approach to combating electoral fraud fraud in Australia. In fact, the Joint Standing was for the Commonwealth and the States to Committee on Electoral Matters reported in cooperate in putting other measures in place 1997 that— to improve the quality of the electoral roll, such "The Committee has not been as enhanced, continuous roll updating. In presented with any substantive material Report No. 23, tabled in May this year, the indicating the existence of electoral fraud. committee revisited this issue and again It has been limited to anecdote and recommended continuous roll updating— hearsay." Denver Beanland again recommended it—as a means of ensuring that electoral rolls are of In Queensland, the Legal, Constitutional the highest accuracy and integrity. But of and Administrative Review Committee, course they come in here and change their LCARC, has reported the Queensland tune as it suits their convenience. Electoral Commissioner's views that evidence shows that allegations of multiple voting and Mr BEANLAND: I rise to a point of order. "cemetery" voting are more about speculation It does not suit my convenience at all. The fact than reality. The fact that electoral fraud is not is that there are now three lots of evidence of endemic in our electoral system is reassuring conviction for Labor electoral corruption. but is not an excuse for complacency. We Mr SPEAKER: There is no point of order. need to maintain an electoral system that the Mr FOLEY: Last week the Government public has confidence in—a system that forwarded its response to that report to the delivers fair outcomes. Clerk of the Parliament, and it appears in the As the Attorney-General has said, LCARC list of tabled papers circulated in the House is currently investigating ways of minimising today. It contains a commitment by this electoral fraud and will report to Parliament in Government to adopt the committee's November. The work of that committee has recommendation and to amend the Electoral this Government's full support. Dr Watson Act to allow the Electoral Commission of supported this brief to LCARC but he is now Queensland to access data held by other muscling in on the committee's work by Government agencies, subject to appropriate throwing up a spray-on solution that is proven privacy safeguards. not to work. Dr Watson's own Opposition A fortnight ago, this House asked the all- colleagues, again as the Attorney-General party committee to investigate and report in pointed out, the member for Indooroopilly and this area. We should let it get on with the job. the member for Burleigh, as members of the We should not support the motion moved by all-party LCARC reported that— 2940 Electoral Fraud 5 Sep 2000

"Proof of identity enrolment since learned how to deal with non-AWU requirements have the potential to faction hopefuls. Years of practice had made effectively disenfranchise a significant the two accomplished masters in the art of number of eligible voters." ballot rigging. Even the ALP by-laws designed On the face of it, producing proof of ID to counter rorting were a mere inconvenience. and address before voting makes sense. It All delegates to a plebiscite were required to might be all right if voters in Moggill forget their be registered on the Commonwealth electoral ID and pop out to the car to get it, but imagine roll in the electorate being contested. the case of an itinerant worker in western The addresses and details of friends, Queensland living hundreds of kilometres from relatives and mere acquaintances were the closest polling booth who hitches a lift into changed and their signatures were forged. town to cast a vote. It is 4.30 p.m.; the voter Ehrmann and Foster simply registered them has no ID and is turned away. That person is on the electoral roll with or without their not likely to drive back to get the ID. Hundreds knowledge in the electorate required—real of rural people will find themselves in this people with fake addresses. According to court frustrating position and many presiding officers records, people were shuffled from one will wear a tirade of abuse from voters who are electorate to another, according to the demanding their democratic rights. Consider numbers that were required. Even people also the hundreds of indigenous people living living interstate or overseas were used. Fake or in remote areas, many of whom have few real residential addresses were combined with possessions, and proof of ID is not likely to be selected postal addresses on the one of them. Are we going to deny them their Commonwealth enrolment applications. The hard-fought right to vote? Consider also the Electoral Commission and the ALP would many hundreds of people with disabilities and always conveniently send electoral and party mental health problems who may not documents to the postal address. She understand the rules and do not front up with certainly had numerous to choose from. ID. According to the court records— The member for Moggill, the Leader of "There were three post office boxes the infamous Liberal Party, the party for which in her name, one in her mother's name, one can reside in the heart of the Olympic City three in the name of Shane Foster and of Sydney but still vote in Brisbane to choose one in the name of Foster's wife." Liberal candidates, considers that he has the Ehrmann alone controlled literally dozens of answer to a tamper-proof electoral system. fake enrolments—far more than she needed The quick, spray-on solution often sounds for her own political agendas. According to her good, but in this case I suggest that the affidavit to the court, prior to her conviction— member for Moggill provide a submission to LCARC. Let this properly constituted "The only advantage was to the committee do its job and report on strategies AWU. The extra votes were used to elect to restrict electoral fraud in Queensland. their other candidates." Any further measures to minimise However, according to Ehrmann, at the electoral corruption must not act as a barrier to Mundingburra re-election it got serious. The voting for the thousands of people who have a Government was at stake. They could not risk democratic right to vote in this State. people fronting at the polling booths on the day. Ehrmann and her people's enrolments Mr CONNOR (Nerang—LP) (6.23 p.m.): were mostly real people from the Townsville By 1996 AWU Councillor Karen Ehrmann had area. Locals working at the polling booths were been preparing for the preselection battle for likely to know these people. If they bussed in the nearby seat of Thuringowa for years. The some of their people, they were likely to be long-term incumbent, Ken McElligott, was recognised as not being the people they said years past his intended retirement date. There they were. had already been a false start in 1993, when he was expected to retire after his being The conspiracy was risky but the stakes dropped from the Health portfolio and the were high. The Mundingburra re-election was Goss Cabinet following the 1992 State not a normal State election. There were two election. significant factors. Firstly, it was feasible to shuffle people around from other Townsville- Ehrmann was next in line. She had based electorates into Mundingburra. In a diligently worked her way up the political general election, these votes would be needed greasy pole. Only Terry Gillman, a local union and wanted by the ALP in their real organiser, stood in her way. Ms Ehrmann and electorates. Secondly, there was the issue of a council colleague, Shane Foster, had long absentee voting. Except for a few voters in 5 Sep 2000 Electoral Fraud 2941

Brisbane, people would not be able to cast Mr NUTTALL (Sandgate—ALP) absentee votes. Because it was a one-off (6.28 p.m.): The motion moved by the election confined to only Mundingburra, polling honourable member for Moggill in this booths in other electorates would not be evening's debate really does put the operating. Many of the voters who would be honourable member for Indooroopilly and the out of town on the day would be forced to honourable member for Burleigh in an lodge a postal vote. Many times the usual 2% awkward position, given that they are or 3% of voters, or the 564 who had cast members of the Legal, Constitutional and postal votes in the 1995 general election in Administrative Review Committee, which has Mundingburra, would cast postal votes in the been asked by this House to investigate and re-election. In fact, over 1,400 postal votes report back to this Parliament by 14 were recorded in the 1996 re-election. November. I notice that the honourable This election was different. The Electoral member for Indooroopilly is on the speaking Commission would not be able to do a list, so I presume that he will be supporting the statistical comparison. There would be many amendment that has been put forward by the more postal votes than usual because the Attorney-General! people could not vote absentee. Karen The requirements that the honourable Ehrmann and her crew had been forging member for Moggill is asking for in his motion electoral enrolment forms on behalf of the do not just talk about proof of identity; they talk AWU for years. But, as I said, this time it was about proof of address to get enrolled and different. I quote from the court records, which proof of identity and address before a voter state— even gets to cast a vote at a polling booth. In my view, and in the view of both the "When I was asked to take part in a Queensland Electoral Commissioner and the situation, in the Mundingburra by-election, Legal, Constitutional and Administrative where people voted, using forged Review Committee, those requirements are enrolments, I refused." certainly far too stringent. As we have heard According to the affidavit of her solicitor, Mark the honourable member for Archerfield say, Dyer, she had even— they certainly will go a long way to disfranchising voters. "... provided the names of certain people whom she had actually witnessed forge I believe that this motion is really a bit of documents ... false enrolments, which political opportunism. As the Attorney-General were undertaken with respect to the has said, we should be sitting down and Mundingburra by-election in 1996 and allowing LCARC to get on with the review that false Applications for Postal Votes." it has been asked to undertake by this Parliament. This motion is nothing but The anti-Labor swing at the Mundingburra re- grandstanding. If honourable members had election, however, was too great even for the read the report from LCARC, they would have masters of electoral fraud to counter. Frank seen a number of recommendations that were Tanti, the giant killer, became the sweetheart made on a bipartisan basis. It is in the best of the coalition, not only bringing interests of the Parliament and the citizens of Mundingburra into the fold but also delivering Queensland for us to sit down and take politics the Government of Queensland. out of the way so that we can make voting in With a coalition win the results of the this State as proper as we possibly can. 1996 re-election were never questioned. Why Mr Horan: You don't sound very would they be? The ALP certainly could not convincing, Gordon. Put a bit of heart into it. risk it and, besides, the margin was too great, Mr NUTTALL: The honourable member anyway. Who would have thought to look that for Toowoomba South says that I do not have closely at the postal votes, especially to a lot of heart in what I am saying. Although consider that these people actually existed. none of us may be squeaky clean, people in The scam was virtually fool proof. The wheels glass houses should not necessarily throw only started falling off the wagon when internal stones. I have lived in this State for some 47 factional feuding erupted other the Thuringowa years, 32 of which was under a gerrymander preselection. Ehrmann won the ballot in a that disfranchised hundreds of thousands of landslide but her defeated rival was not voters in this State—a gerrymander supported convinced. Terry Gillman appealed to the by the National Party and the Liberal Party. So internal ALP disputes tribunal only to have it the member should not tell me that I am not papered over. fair dinkum. Time expired. Opposition members interjected. 2942 Electoral Fraud 5 Sep 2000

Mr NUTTALL: One of the things that I do at the time. I bet he knew what was going on. want to raise— Here he goes! Opposition members interjected. Mr FOLEY: I rise to a point of order. The Mr SPEAKER: Order! remark is untrue and offensive and I ask that it be withdrawn. Mr NUTTALL: I have stirred them up now. I looked at the Electoral Commission's annual Mr HORAN: I withdraw. Then we have the report to this Parliament for the 1997-98 year, Premier, who today admitted that he had which was released after the last State taken Karen Ehrmann aside to whisper to her election. In that report I can find no adverse that maybe she should not stand for election. comment from the Electoral Commissioner How much did the Premier know to force him about the conduct of the election in relation to to take Karen Ehrmann aside to have a little the state of the electoral rolls. Indeed, the quiet chat to her to tell her not to stand? The Electoral Commissioner made a number of Premier would not have done that unless he comments about what happened in the State knew something substantive. election—and I will not go into percentages or Then we have the Deputy Premier, for figures—such as it had the highest voter whom Joan Budd had been his electorate turnout, it had the lowest number of informal secretary and then worked in his ministerial votes, there was the quick return of the writ, office. She also worked as the returning officer and there was a 140% increase in the number for that preselection ballot. of telephone inquiries, a record number of postal votes and a reduction in the cost of Then we have the member for information, resulting in the highest number of Kurwongbah, who was on that bodgie tribunal electors and the highest number of that the Labor Party set up. Although at the candidates. In that report, the Electoral time she was not the member for Commissioner was not saying that the election Kurwongbah, she was a member of the Labor that was conducted in 1998 was done in an Party. That bodgie tribunal was set up just to adverse way. whitewash the whole thing as a PR exercise. Indeed, I acknowledge that the Electoral Then we have the member for Commissioner has written to the Legal, Woodridge, who had his secretary sitting in on Constitutional and Administrative Review that tribunal so that he had a pipeline of Committee, but that was in response to what information the whole time. He knew what was the coalition Commonwealth Government has happening. Why did he want to know what done in terms of trying to make the States was happening? Because he had been the change the way in which people are to be campaign manager for that particular by- enrolled on electoral rolls. Indeed, a number of election and if that tribunal had proved that the other States are not happy with what the anything untoward occurred then the member Commonwealth is doing. for Woodridge would have had to be sacked. So he wanted to make sure and certain that it Time expired. was a bodgie tribunal and that it cleared Mr HORAN (Toowoomba South—NPA) everybody. (6.33 p.m.): It was almost pitiful to hear the preceding speaker talk about political The tribunal had to be bodgie, because opportunism. That honourable member only a few months later we see all the charges belongs to the party of which three of its that have been prosecuted successfully. How members have been convicted of about 90 could that tribunal have possibly not seen that separate charges. We are about getting rid of something untoward occurred? Then we have the stench of corruption and fraud that exists the member for Townsville, who has benefited within the Labor Party, which is affecting not from the stacking for his preselection— only the way in which it selects candidates but Mr Seeney: Up to his whiskers. also the ballot box. All of those good, honest Mr HORAN: He was up to his whiskers in people, particularly up in Townsville, went out it. How much did he know? of their way to vote, thinking that the system was honest. Yet Labor duped them. It does Mr REYNOLDS: I rise to a point of order. I not deserve to be in Government. It should be find those comments unfair, untrue and thrown out. offensive and I ask for them to be withdrawn. On the Labor side of this House there are Mr HORAN: The member is on his pogo probably six members who had their hands in stick again. I will withdraw. The member for the honey pot in Townsville and who knew Townsville did benefit. It is public knowledge. It what was happening. Minister Foley, who is was in the papers. The member has said it leading this debate, was the Attorney-General himself. He stood here one morning and said 5 Sep 2000 Electoral Fraud 2943 that he got only three, so three balances Hon. P. J. BRADDY (Kedron—ALP) three— (Minister for Employment, Training and Mr REYNOLDS: I rise to a point of order. Industrial Relations) (6.38 p.m.): I rise to oppose the motion and support the Mr HORAN: Mr Speaker, I will withdraw. amendment. One of the most extraordinary However, I remember the member— aspects of this debate is the fact that this motion was moved by the immediate heirs of Mr REYNOLDS: Mr Speaker, I would like the most corrupt political system that this to record the point of order. I find those further country ever saw. They are not only the comments untrue and offensive and I ask for immediate heirs; some of them participated in them to be withdrawn. that Government. The Leader of the Mr HORAN: I will withdraw whatever the Opposition was a Cabinet Minister in the time member likes. Last week in Parliament, we all of that Parliament, when the electoral system heard him enumerate how many votes he got was so corrupt that the people of Queensland in the stacking and how many his opponent had no confidence that the Government could got. He said that it balanced out, so it really ever be changed by the normal voting system. was not dishonest. The member reckons that, We had 32 years of electoral rorting because because it squared off, it was all right. the system itself was basically corrupt. So there we have a whole range of Dr WATSON: I rise to a point of order. I members—the Premier, the Deputy Premier, would like to point out to the Minister that each Ministers and backbenchers—who were all in it and every speaker on this side of the House and who all knew what was happening. Then was not in the Parliament. at the end of the scenario we get this little PR Mr SPEAKER: Order! We are not having stunt of the Premier saying that he was going a debate. The honourable member has had to fix it up. He did not fix it up. About 12 his opportunity. The member will resume his months ago, Kim Beazley declared that he seat. was going to clear up the rorting, corruption Mr BRADDY: Is that not extraordinary? and dirty tactics in the Labor Party in South They make the point that each and every Australia. He had already done some of that speaker on that side was not in the cleaning up in New South Wales and in Parliament. Mr Speaker, do you know why that Queensland. So it was not Peter Beattie at all; is? That is because they have deliberately it was Kim Beazley who forced and directed avoided putting up anyone tonight who was him, and he had to do it. Of course, then we part of that system. They have not put up the get the usual little PR stunt. Leader of the Opposition. They are smirking, The people of Queensland are sick of this because the Leader of the Opposition, who corrupt Labor Party. They want to get up on a was a Minister in those Governments under Saturday and make the effort of going to the the gerrymander, is not speaking to this ballot boxes to vote honestly. They want to motion. know that the preselection process has been Mr JOHNSON: I rise to a point of order. honest, fair and accountable so that they have The Leader of the Opposition had an the right person to consider for office. The engagement tonight. That is the reason he is people want to know that, in their effort in not participating in this debate. going to the ballot box, they are voting through Mr SPEAKER: Order! The honourable an honest system and that their one, honest member cannot take a point of order on behalf vote is not going to be negated by the votes of of the Leader of the Opposition. 10 ghosts or fictional people. For their vote to be negated by even one fictional person is Mr BRADDY: The member for one of the worst things that could happen, and Beaudesert, who was here, is not speaking. we have to get rid of this practice. The member for Western Downs is not speaking. The Leader of the Liberal Party This Parliament should have the courage interjected and said that none of their to fix that up. The Government keeps talking speakers was in the Parliament then. That is a about palming the issue off to this committee shoddy and shonky trick, and it is typical of and palming it off to that committee. The members opposite. They had the most corrupt Government should do something about the electoral system. issue itself, instead of hiding behind the skirts of any committee that it can find. The In this Parliament we are putting up a Government should do something itself and situation, which we support, whereby a get rid of the stench in the Labor Party. competent committee of this Parliament will look at the need to balance the need for Time expired. universal voting to continue and the need for 2944 Electoral Fraud 5 Sep 2000 fair voting to continue at the same time. That That candidate, Karen Ehrmann, is what is most important, as was pointed out admitted that such practices of which she was by the Attorney-General. We need a system convicted were endemic within the AWU where we can continue to have real universal faction of the ALP. The bottom line in all of this voting, and we will not get that if we rush into a is that it has been the ALP that has shown us system to fix up a situation whereby a few how easy it is to corrupt the electoral roll in people are rorting the system. Queensland. It has been the ALP that has shown how systemic and endemic that fraud is What we had under the National and and how, if controlled properly, it can achieve Liberal Party Governments was a totally the desired result—rorting an election. It did it corrupt system. People such as Don Lane and systematically and in a planned and malicious Russ Hinze sat down with maps and drew up way to get the desired result. That is the the whole of the Queensland electoral system. aspect of the Ehrmann ALP scandal in That was corruption on a grand scale. It was Townsville that is really worrying and the Labor Party that was entrusted in sinister—the rorting of elections. Her admission Government with changing that system and that a similar organised scheme was used in protecting it. We have even heard the member the Mundingburra by-election to corrupt the for Western Downs saying that he wants to result casts a shadow right across every other bring back the gerrymander. He has talked in election held since then. If they can do it in this Parliament about bringing back a system one, they can do it in any election. of weightage again. They are totally unreconstructed in their desire to corrupt the That is the real shadow, black mark and whole system again by a system of stain that the ALP has cast on every election gerrymandering. since Mundingburra. After all, if a political party can corrupt an individual election, on a What do we say? We say, "Look at the Statewide basis the popular will of the people system, protect the right to universal voting can be subverted through the organisation of and protect the right of the person who does similar schemes in other electorates. Such not carry around documents, but make sure practices strike at the very heart of democracy. that it is as fair and honest as possible. But They undermine public confidence that above all you must have a fair system." elections have been conducted in a free and As the Attorney-General said, members fair manner. That is the legacy left to us by the opposite supported this proposal only a matter ALP. That is why the coalition has brought this of a few weeks ago, but for narrow political motion into the House tonight. We know that advantage in this place today these people, one way to help stop the fraudulent practices who are the direct inheritors and associates of that led to the conviction of the ALP members the people who ran the corrupt gerrymander, in Townsville is to require proof of identity and are saying, "We are now pure and holy. Trust residence before enrolling on the electoral roll. us." The people of Queensland do not and will That is one way. We know that one way to never trust them to bring in a fair electoral help prevent corruption of an election as system. They are showing that they have Ehrmann indicated occurred in Mundingburra learnt nothing—that they are about narrow is to require similar proof before a ballot paper political advantage and not about an honest is issued to an elector. system. Neither the National Party nor the Rejection of the motion tonight gives the Liberal Party can ever be trusted. green light for these corrupt practices to continue. It says, "Go ahead." And I will Time expired. address some of the comments by members Mr QUINN (Merrimac—LP) (Deputy opposite in a minute. It says that the ALP is Leader of the Liberal Party) (6.43 p.m.): There happy to use an electoral system that cannot are some undeniable facts underpinning this be trusted to produce an honest result. They debate tonight. One is that there is only one are happy and content to proceed as usual party in this Parliament that has three because they are the beneficiary of the members convicted of electoral fraud—only system. They are manipulating it for their own one party. ALP members were convicted of 87 good. That is why they do not want any charges of electoral fraud. One of the other changes. undeniable facts is that there is only one party When we have a suspect electoral system that has a past State election candidate in jail we have a suspect Government, particularly if for electoral fraud, and that is an albatross that that Government refuses to move the ALP will carry around its neck for some expeditiously to plug the loopholes that permit time in this House—87 charges, three the electoral system to be abused. This is a convictions, one in jail. charge that can be rightfully levelled against 5 Sep 2000 Electoral Fraud 2945 any Government that refuses, as I said, to certificate on the spot, it costs $37.50. So if it respond in any substantial way to the corrupt is the last day to enrol to vote in an election, practices that have been uncovered. young people will have to cough up $37.50 Let us get on to a few comments by the and then fill out the enrolment card. Most members for Yeronga and Sandgate. They young people, particularly in my electorate of seem to think that, trotting out old reports Bundamba, live day to day and $37.50 is a lot written before the ALP rorting in Townsville was of money for them to find. This money uncovered, will be good enough to remedy the represents their rent or grocery money. They situation we have at the moment. That is not simply will not vote and they then become true. That simply says that they want to ignore disfranchised. Australian Electoral Commission what happened in Townsville and proceed on research shows that only 69% of eligible 18 their merry way. Tonight's motion says that year olds are actually enrolled, and this figure that is not good enough. We want a will dramatically worsen. It is absolutely absurd substantial change. We know what is in the old that this pre-poll tax of the Howard tax- reports. That has proven to be not good grabbing Government effectively disfranchises enough; people have been able to get around a significant group in our democracy. it. What we have had is a three blind mice Furthermore, there are other significant scenario. The member for Logan, the member groups who would find these new enrolment for Capalaba and the member for Brisbane procedures extremely difficult. These are Central— people with literacy and language problems Time expired. and people from multicultural backgrounds in Mrs MILLER (Bundamba—ALP) the community who may throw up their hands (6.48 p.m.): As a new member to the in angst at the new system. In the electorate Legislative Assembly I have only recently of Bundamba, there are about 149 different experienced the electoral process but am in no nationalities, many of whom speak and read doubt that fraud and corrupt practices have no their traditional languages. These people could place in Queensland and in our democracy be disfranchised. Aboriginal people would be and are anathema to every decent man and further disfranchised. Those people living woman in the community. I am pleased that itinerant lifestyles may become a class of the Beattie Labor Government has committed people who never, ever vote in an election. itself to stamping out electoral fraud in any There are three caravan parks in or near shape, manner or form. the Bundamba electorate and in the recent by- The Legal, Constitutional and election many tried to vote at the polling Administrative Review Committee of this booths but could not because they were not Parliament reported in March this year on the on the roll. It was a shame—a real implication of the new Commonwealth shame—because they were going to vote for electoral enrolment requirements. The me as the Labor Party candidate because committee reported on the October 1999 they know that I look after them. All of these amendments to the Commonwealth Electoral people are citizens like the rest of us and Act 1918 concerning proof of identity for first- should not be disfranchised because they are time electors and the witnessing of claims for young, because they are poor, because they enrolment. come from a different country or because they live in a caravan. I have several concerns about the Commonwealth amending legislation. Firstly, It is ludicrous that under these the Act requires persons seeking to enrol for Commonwealth amendments it is easier to the first time to produce proof of identity. I rent a house from the Department of Housing believe that this new requirement will result in than it would be to enrol to vote. On checking many young people simply not bothering to with the department this afternoon, I found enrol to vote. Young people are already highly that for a person of 18 years or older the cynical about the political and Government production of a photo ID is required—that is all. process, and this new requirement will simply The person does not need a birth certificate mean that many will shrug their shoulders and and does not need a passport. And, by the not be bothered. way, a passport costs $132. To provide proof of identity, a young Last month, this Parliament referred to person will have to, depending on the the Legal, Constitutional and Administrative regulations, provide a birth certificate. This Review Committee a request to "investigate afternoon I rang the Ipswich Magistrates Court and report back to State Parliament by 14 and found that it costs $21.50 for a birth November 2000 on the best way to minimise certificate. If a person requires the birth electoral fraud at elections where the 2946 Adjournment 5 Sep 2000

Queensland State electoral roll is used". The Labor identities, a pub and people who have member for Moggill and his mates are trying to been described, unfortunately, as "mad". If it pre-empt the committee's work. They are trying were not for the suggestion that people with a to nobble the work of a parliamentary disability were being taken advantage of in all committee. This shows their disrespect for this of this, I would have dismissed this as a bit of House and its committees, and they have the a joke and more Labor branch hide and cheek to stand in this Chamber day stacking—something for which Labor and, in after day making scurrilous accusations about particular, the AWU have now become famous the ALP! and for which they have now entered the As a former public servant, I feel that Guinness Book of Records. there is no need for these amendments to the As the shadow Minister for Disability Commonwealth Electoral Act. There are many Services, I take very seriously any suggestions other ways that the electoral roll can be kept that people with a disability are being updated and free of fraud by the sharing and exploited. Not only do I find this behaviour collation of information across departments. In offensive; I think it is one of the lowest of low Queensland the Department of Housing has acts by Labor. The question is: have the tens of thousands of names on its databases, electoral rolls in Charleville also been not only for public housing but also for housing corrupted? Charleville is not a big community loans. The Transport Department has licensing by any means. It is a small, homely town that records, but without doubt the most scrutinised has played an important role in the history of group are the justices of the peace, particularly this State and in the development of our vast those moving between categories of JPs. If rural resources. I am quite sure that many they are not on the electoral roll for the correct people in Charleville would be appalled to address, the applicant is simply not appointed know what has been going on at the local as a justice of the peace. So the JP register Labor branch. could also be used for this purpose. The suggestion that this branch is made I support the move for the Electoral up of members with psychiatric problems is of Commission to obtain names, addresses and great concern. It is of concern because it dates of birth from State departments for raises the speculation that some unscrupulous continuous roll update purposes, providing that operators have been taking advantage of reasonable privacy provisions are in place, that people to further their own political interests. It the transfer of data is secure and that the is also of concern because this particular costs of the data are fair and reasonable and branch is the home of AWU supremo Bill not a commercial activity of the departments. Ludwig, the organisational head of the AWU, Time expired. which fondly calls this branch one of its own. It Amendment agreed to. is the same faction that Deputy Premier Elder and so many Labor members opposite belong Motion, as amended, agreed to. to. We all know that Mr Ludwig has very little ADJOURNMENT to do with Charleville these days. He has long Hon. T. M. MACKENROTH (Chatsworth— shed the country roots that helped him climb ALP) (Leader of the House) (6.54 p.m.): I his way to the top of the union ladder. move— However, I am sure that Mr Ludwig is as concerned as I am about the possibility of "That the House do now adjourn." exploitation in his very own branch of the Labor Party. It is not acceptable that this kind Electoral Fraud of exploitation is allowed to occur. The community has an obligation to protect the Mr BEANLAND (Indooroopilly—LP) interests of those who are not quite able to (6.54 p.m.): The allegations in the weekend look after themselves. media about the membership of the Labor Party branch in Charleville made for interesting Unfortunately, the Charleville community reading. Those reading the article in the would not have known what was happening in Courier-Mail could have been excused for the local Labor branch and specifically within thinking that they were reading the plot of a the confines of Corones Hotel. The Courier- new Monty Python movie rather than a saga Mail reported that one third of the 47 branch involving one of the largest political parties in members of the Charleville branch of the ALP the country. This story has all the elements of lived at Corones Hotel. This means that more a first-rate comedy and, of course, political than 15 people lived at the hotel, an unusual intrigue. It purportedly involves well-known fact in itself. It also means that more than 15 5 Sep 2000 Adjournment 2947 people living at the hotel were coincidentally all wisdom they sent Jai to the cold of Europe to members of the Australian Labor Party. That prepare for the heat of Atlanta. He came within no doubt leaves itself open for more electoral one centimetre of that qualifying A standard corruption. when he placed second in an event in Ireland. There is either something special in the Jai caught the predictable cold in Europe and beer at Charleville or it may be that perhaps went to Atlanta a bit underdone. When he got these people just like fishing. I note from some to Atlanta, he tried to make up for lost time promotional material that Corones Hotel offers and pushed himself too far, which caused a modern ground floor units, ensuite hotel rooms slight hamstring strain. and heritage hotel rooms with original The pressure of being selected for the bathrooms. It has a spacious marble tiled Olympics and then being told he must qualify foyer, a log burning fire in winter and deep, again was intense. Not to be perturbed, Jai comfy chairs for all year round relaxation which went to great lengths to achieve the qualifying obviously attract a lot of the Labor Party. By all standard again. He missed the standard by a accounts this is a very nice place and it is quite mere three centimetres at a wet athletics possible to understand how people could just carnival in Atlanta a few days before the settle in and call this place home, as the Labor athletics competition was due to start. Party has done, and have their addresses at Therefore, due to officialdom, Australia missed Corones. out on having anyone represent it in the men's As we have seen a lot in the media of long jump at the Atlanta Olympics. More late, many people with disabilities live in hostel- importantly, four years later, we do not have type accommodation. We have also seen the an Australian men's long jumper with Olympic kinds of abuses that have occurred at these experience at our own Sydney Olympics. It facilities, and now obviously we have electoral should also be said that Jai's jump at the abuse as well. I am not suggesting in any way Atlanta athletics meet would have qualified whatsoever that there has been abuse by the him for the final at the Olympics. management of Corones itself; however, I do I was at the Brisbane Airport at about raise concern about the way that management midnight when Jai arrived, shattered that his appears to have abused the trust placed in it Olympic dream had been taken away from by vulnerable residents. Caring for people with him. Jai could have quite easily spat the disabilities is a serious responsibility; it is not an dummy, and I think many a lesser person easy job and at times it can be quite would have done that. Instead, Jai took it all in frustrating. However, it is no excuse for his stride. If anything, it made him re-evaluate abusing confidences and exploiting the trust of his career and become more committed to innocent people. I trust that the Beattie Labor success. Jai made the hard decision to Government will do everything within its power relocate away from his family and friends to to step in and protect those who have been Canberra to accept an AIS scholarship. Jai has mistreated in this manner and that we do not been more focused on performance, without have another repeat of the Townsville doubt having the Atlanta experience firmly in performance of more electoral corruption. his mind. Jai gained a silver medal at the last Commonwealth Games by jumping the same Mr J. Taurima distance as the winner but lost it on a count- back after injuring himself in his first jump. Mr REEVES (Mansfield—ALP) (6.59 p.m.): After publicity in the last week, Jai In the recent world championships, Jai Taurima has become a widely-known jumped out of his skin. Up against the world's Australian athlete. I wish not to dwell on the best, Jai jumped his personal best on his last controversy, only to say that the media has not attempt and missed out by just one centimetre been totally truthful in selectively quoting Jai's in gaining a bronze medal. All this words. Today I want to inform the House of the heartbreak—being given an Olympic berth only real Jai. Jai Taurima has been selected to to have it taken away, tying for a represent Australia in the men's long jump. Commonwealth Games gold medal and losing This in itself should be a major achievement it in a count-back, and being so close to but, when one considers Jai's career, it shows gaining a medal at the worlds—would be the true character of this highly-skilled athlete. enough to make a grown man cry. Instead of crying over spilt milk, Jai has used it as a Jai was selected in the Atlanta Olympics motivation to get into the Sydney Olympic team. Prior to entering the Games Village, the team and perform better than ever. so-called experts in Athletics Australia decided that he would have to reach the A standard Jai will have a special person looking over again. If that was not bad enough, in their him—his mother, who unfortunately has not 2948 Adjournment 5 Sep 2000 been alive to witness his triumphs and Mr NELSON: I can guarantee the disappointments over the past few years. I am member that a lot of people who come to me sure that when Jai needs that special help in from the Kuranda area—and there are a lot of Sydney on Monday, 25 September and them—say that they definitely do not want a Thursday, 28 September she will be doing her widening of the Kuranda Range corridor. They bit for him. I also want to pay tribute to Jai's want to see an alternative route so that they dad and all his family and friends, particularly can maintain their village lifestyle, which is his brothers, Stacey and Corey, who have something they are very proud of. However, been there to give him the encouragement, that is under threat and has been under threat love and support to make it to the Olympics. for quite some time under the previous Mr Roberts: It was a great performance Mareeba Shire Council, which was led by a last Sunday at Nudgee College as well. Labor Party stalwart in north Queensland. I know that the people of Kuranda are not too Mr REEVES: As the member for Nudgee happy with the current plans. Most of them says, it was a great performance last Sunday. have come to me to say that they would like to All athletes such as Jai would not achieve see an alternative route. without the sacrifices of and support from their families. An athlete's achievement is their The alternative route being proposed is family's as well, and they should all be very the only sensible route. It is the only route that proud of it. This is Jai's moment. He firmly has the support of most of the thinking people believes that with 110,000 Australians in Kuranda. It is funny that the member for cheering him on he will achieve greatness—if Barron River should say something, because he has not already. I am proud and honoured the people who brought the petition to me said that I know Jai. He is an athlete with a that they had received a favourable response difference. He likes to have a smoke, loves from the member for Barron River when they pizzas, beer and staying up late conquering went to see her. They will be quite interested his Playstation and rides a motorcycle, but that to read her remarks tomorrow morning. I can matches his personality. guarantee the House of that. I wish Jai all the best in Sydney. I am sure The simple fact is that there are two other he will achieve his best, but above all else he options. The widening of the Kuranda Range will enjoy the experience. We are all very proud road is not an option because it goes through of his achievements. I know everyone in this a World Heritage corridor. If that occurs, I do Chamber supports my words on Jai and all the not think it will meet with a favourable other Australian athletes taking part in the response from conservation groups, and rightly Sydney Olympics. so. We set aside World Heritage areas for special protection. That area is particularly beautiful and I believe it should be left as it is. Kuranda Range Corridor Also, the tunnel is not an option. One cannot Mr NELSON (Tablelands—IND) dig a huge tunnel and then not use it. The (7.04 p.m.): I endorse the comments made by simple fact is that we would want to move the member for Mansfield. I went to school petrol and dangerous goods through the with Jai Taurima, and I too wish him luck. It tunnel. It cannot be done. The tunnel is not an was a class of pretty high achievers, I must option. If nothing else, it would cost far too say. much. Tomorrow morning I will bring to this The only sensible option is to build a new Parliament a petition which contains around route. This proposed new route is good for a 3,600 signatures. That petition is to build a few reasons. Firstly, it will provide a third route road from Cairns to the tablelands along the which will be scenically beautiful. It will give route commonly known as the Lake tourists another drive in the area. Driving Morris/Davies Creek route. I hope this petition around the tablelands, the Cairns region and will be met with some response from the other northern areas is something that I, a lot Minister. People in the tablelands, Cairns and of people from the area and many tourists the area of Barron River—certainly, a lot of the enjoy doing. It will provide a scenic route. signatures contained in the petition are from Secondly, it will provide a route over which people living in the area around Kuranda—are dangerous goods can be moved. Thirdly, it will dubious of Government plans to build a tunnel cut transit time between Cairns and Mareeba or to widen the road over the Kuranda Range. markedly. These are things that the people in those The growth corridor—I call it COA, and areas do not want. other people have a few different names for Dr Clark interjected. it—is a long-term proposition. I am a bit 5 Sep 2000 Adjournment 2949 sceptical about it. I think growth should go strong employment growth and lower rates of where growth is. I personally believe that, unemployment. given the limitations in the Kuranda area, the The key pillars of the US-style reforms growth there has gone too far. I think Mareeba involve a weakening of the union movement, a would be a sensible choice for further growth. major shift away from centralised wage fixing The people of Mareeba agree with that. Given and the encouragement of individual contract the reduction of primary industries in the area, negotiations between employers and their it could do with a population boost. This road employees, with a lesser role for arbitrated would certainly provide that. It would also adjustments to wages and conditions by provide a better and quicker access for the industrial tribunals. southern tablelands. Something forgotten in the Kuranda project is that people in Atherton, It is well accepted amongst labour market Walkamin and areas such as those would like researchers that there is a relationship a secondary route to Cairns in times of between unemployment and the prevailing cyclones. The Kuranda Range options do not industrial relations system. Countries with provide that alternative at all. All they provide is highly deregulated systems, such as the massive growth for the Kuranda area and United States, have produced low linking it as an outer suburb of Cairns— unemployment rates. However so, too, have something that the people in Kuranda do not several western European countries with highly want. regulated systems. I think that fact has been forgotten. In There is always a requirement to finetune fact, I do not think it has been forgotten; I think and adjust our industrial laws to meet there is a trick being played by the ALP in community expectations and needs. However, north Queensland. That trick is to try to say, the call for more deregulation, based in most "Yes, we're going to build this corridor", but instances on the apparent success of then not do it because it costs too much. It is a economies such as the United States, is little trick I am playing with. I might be right or I fraught with danger. There is clear evidence might be wrong, but I know that the people of that wage inequality is greatest in countries north Queensland have made their point of with highly deregulated industrial relations view clear with over 3,600 signatures, which is systems. over 10% of my electorate. A lot of the In the United States, which does boast a signatures come from Barron River, Cairns and low unemployment rate, an emerging Mulgrave. The people have spoken. phenomenon is beginning to dominate the Tomorrow I will bring the petition to the industrial and social landscape. It is called the House. The Minister should respond to it. He growth of the working poor—people with jobs should take a serious look at what is being but insufficient income to sustain a decent suggested by these people. It is the only standard of living for themselves or their sensible alternative. It is time for the families. Characteristics of the system, as I Government to start thinking about the people have pointed out, include low or non-existent who will be using these facilities instead of minimum wages, a weak or non-existent role thinking about political expediency. The for industrial tribunals and low rates of member for Barron River should support it, unionisation. because it would be about the only option that The phenomenon of the working poor is would guarantee her re-election. now embedded in the social fabric of several Time expired. countries that have ventured far down the deregulation path, the United States and Britain being more prominent examples. A $3 Unemployment per hour wage rate may solve an Mr ROBERTS (Nudgee—ALP) unemployment problem, but at what cost to (7.09 p.m.): At the annual conference of society as a whole and to the individuals and economists held on the Gold Coast in July of families caught in the resulting poverty traps? this year, Commonwealth Treasury head, Ted Impressive employment growth and Evans, is reported as arguing that Australia's unemployment statistics from the United unemployment rate would not drop without States are deceptive and disguise the real further industrial relations reform. Mr Evans is outcomes and costs of heavily deregulated not alone in his argument. Many Australian industrial relations systems. Over the past 20 economists and business leaders argue for years the income of families in the lowest 20% further deregulation of our labour market so of income levels fell significantly. Average that it reflects the conditions applicable in the hourly wages of poorly educated workers fell United States, a country which does boast more than for other workers. The proportion of 2950 Adjournment 5 Sep 2000 employees covered by health insurance Goods and Services Tax schemes and retirement schemes has fallen. Mr ELLIOTT (Cunningham—NPA) Women working part time earn significantly (7.14 p.m.): I wish to set out an interesting less per hour than their full-time equivalents, phenomenon. The Executive arm of unlike in Australia where legislation and awards Government is telling us one thing in relation ensure that they receive the same conditions, to the GST and is practising something entirely pro rata, as full-time employees. different. It indicates by its actions that it sees Additionally, much of the spectacular some sort of cost saving in the GST. employment growth in the United States has I refer to a category 4 school bus operator also been at the bottom end of the earnings in my electorate. The operator received a letter distribution—low-paid, unskilled jobs created from this administration indicating that, due to more because of their cheapness than any the GST and due to the savings the operator desire to provide meaningful employment would make from the GST in regard to opportunities. The United States' record is fuel—that is rather interesting in light of the certainly one of employment growth and lower various utterances from those occupying the unemployment, but it is a record that has been Government benches during the last week or funded by sacrifices in the wages and so—and other areas, the bus operation's conditions of those in the community who can income would be cut by $65 a week. That is least afford it. Just across the Tasman, in New interesting because Ministers get up in this Zealand, similar experiences have been House time after time and tell us how the GST recorded following deregulatory reforms which has increased the price of fuel and everything were first introduced by the Lange Labour else. According to them the world is coming to Government in the mid 1980s but then refined an end, yet the Government is sending out even further by subsequent conservative letters to bus operators to the effect that, due Governments in the 1990s. to savings from the GST, it will pay them less. Mr Beanland: Savings? In Queensland, the coalition Government that came to power in 1996 introduced reforms Mr ELLIOTT: Savings. As far as I am which further deregulated the industrial concerned, those opposite are the greatest relations system. A key pillar of those reforms load of hypocrites who ever walked. They was Queensland workplace agreements, which should hang their heads in shame. endeavoured to raise the profile of individual, Mrs Edmond interjected. one-on-one contracts. The unfairness of the Mr ELLIOTT: The Minister, as a member outcomes of QWAs was self-evident, and of the Executive, should do likewise. reforms introduced by the new Labor Government members are proven to be a Government provided more protection for bunch of hypocrites. I just cannot believe they workers working under these arrangements. would do such a thing. These small businesspeople are amongst the lowest paid Since the election of the Beattie groups. This particular operator travels over Government, further reforms have been some of the worst roads, out into the bush. introduced via the new Industrial Relations Act. What is the Government doing to him? It has They put a halt to the uncompromising list of taken $65 a week away from him, saying it is reforms proposed by both Federal and State due to savings resulting from the GST. That is coalition Governments which would further bad enough, but for members of the deregulate the industrial relations landscape Government to get up here day after day and along the lines of the United States. bleat about how the GST has forced up the price of fuel and everything around the place— The Labor Government reforms reintroduce some balance to the industrial Mr Sullivan: It is absolutely true. relations equation. This was achieved by, Mr ELLIOTT: The member for Chermside amongst other things, provisions which enable is always talking about hypocrites in this place. a more direct role of the independent umpire He is very strong on the subject. He should in settling disputes or in setting fair wages and take this matter back to his reasonable conditions and by re-establishing colleagues—particularly the Premier and the awards as a relevant safety net. By all means Deputy Premier, who have been telling us let us talk about appropriate industrial relations these things over the last day of so. I find it reforms, but not at the cost of deepening amazing. social disadvantage in our communities. To do This is penny pinching. It is diabolically otherwise would be un-Australian and simply unfair to small business operators who are just not fair. desperately trying to eke out a living in very 5 Sep 2000 Adjournment 2951 tough conditions. I cannot believe the agreed to. Amended plans, signed by the post Government has done this to them. Worse office licensee on 23 April, were then the still, its members get up here in this House and subject of a development permit granted by try to tell the people of Queensland that the the Pine Rivers Shire Council on 11 May. GST is the root of all evil and that it is causing On 18 May, one week later, Mrs Aitken, problems and increasing costs. Members of the landlord, mortgaged her home for $70,000 the Government just do not have a feather to and borrowed another $20,000 to pay for the fly with. Other businesspeople are being extensive refurbishment. The building work similarly attacked. was officially completed on 20 September. Mr Sullivan: Are you going to table it? After all of this, Australia Post advised the Mr ELLIOTT: I do not have it with me, but licensee on 4 October that it would block her I will table it. I will get examples and table them decision to move across the road. here in this House. I think it is terribly important Understandably, Mrs Aitken insisted the that the people of Queensland know what a licensee move in. However, the licensee, bunch of hypocrites members of the through her solicitors, now says that the Government really are. They have gone on agreement for lease was signed subject to and on. It has been sickening to listen to Australia Post approval. Mrs Aitken has them. If the increasing price of fuel in country considered legal action for specific Queensland were not so serious, it would be a performance but cannot afford the extensive joke. Unfortunately, it is no joke. It is an legal costs involved. Nor is there any practical absolute disaster. These people in particular reason to pursue the licensee for damages and all of us who live in the bush are finding because she has no assets. the cost increases in fuel absolutely prohibitive. Australia Post should abandon its To see that I only have to look at my Diners decision to close the Ferny Hills post office, Club card, which shows the cost of travelling in and there is an urgent need for a thorough my electorate. One part of my bill alone has investigation into a number of matters. Why gone to $444 for the last month, and there are did Australia Post force the licensee to about three other areas I get fuel from. abandon her own business decision to move Government members should tell me what it is across the road and thereby expose her to all about! legal action for breach of contract? Why, while the licensee and the new landlord completed Australia Post Office, Ferny Hills detailed arrangements to move across the road, did Australia Post secretly do a rental Mr WILSON (Ferny Grove—ALP) and lease deal with the Great Western Super (7.19 p.m.): On 23 August I informed the Centre at Settlement Road, Keperra—two House of Australia Post's arrogant decision to suburbs away—to house the Ferny Hills Post close the post office at Ferny Hills. Since then, Office? Why did Australia Post want to avoid I have been provided with documents and calling public tenders for the new licence at information which show that Australia Post has Settlement Road by dishonestly and deliberately forced a breach of contract misleadingly describing the opening of a post between the post office licensee and a local office at that new location as merely a business person and engaged in deceptive relocation of the Ferny Hills Post Office? and misleading behaviour toward the local community and its elected representatives. Why did Australia Post, in a letter to Cheryl Kernot, Federal member for Dickson, Over a period of 18 months, Australia dated 7 December 1999, falsely claim that the Post has engaged in an utterly deceitful licensee's move across the road had been exercise to ride roughshod over the local post blocked because of a dispute between the office licensee, small businesses and the local licensee and Mrs Aitken, when Australia Post community. The background is this. In knew full well that Australia Post's decision on December 1998, Mrs Juckes, the post office 4 October 1999 blocking the move was what licensee, through her company, and a created the legal dispute and not the other Mrs Aitken, who owns business premises way around? Why is Australia Post avoiding its across the road, signed an unconditional offer community responsibility by hiding behind the for a five-year lease so that the post office veil of a privately owned business, over which it could move to a far better premises nearby. has the power of life and death, by dishonestly On 26 March 1999, the parties signed the advising me in a letter dated 29 August 2000 initial plans for a major refurbishment of the that— new premises, to be completed by 25 October. The proposed lease was confirmed on 12 April "... the situation is that a privately owned when a number of small amendments were business wishes to move (to Settlement 2952 Adjournment 5 Sep 2000

Road) and we don't wish to confuse the immediately overturn the decision to close the rights of a small business with the Ferny Hills Post Office; pay Mrs Aitken responsibilities of Australia Post to the compensation for the financial and personal community." damage suffered by her; and properly Why, when Mrs Aitken approached the investigate in an open and accountable way Business Complaints Centre of Australia Post, the serious issues raised in this matter. was she advised that Australia Post could not look at her case but that she would just have to sue the licensee, when Australia Post itself Non-conforming Petitions had induced the breach of contract by the Mr SULLIVAN (Chermside—ALP) licensee? Why did Australia Post go through a (7.24 p.m.): Two petitions addressed to State shallow, deceitful charade of public and Federal Parliaments from Mr Dick consultation in the last month when it knew full Copeman on behalf of Queensland residents well—but did not inform the public, who had a were received at this parliamentary complex. right to know—that it had blocked the move They are non-conforming petitions and have across the road in October last year? Why did not been presented, in accordance with it not genuinely consult the Hills Chamber of Standing Order 230. On behalf of the 1,995 Commerce, for example, and others in the signatories, I seek leave to table the two local community? Why did Australia Post, in a documents. letter to me dated 1 March 2000, falsely claim that "no decision has been yet made about Leave granted. the location of the post office", when it knew Mr SULLIVAN: I thank the Leader of full well that, by a letter to its licensee dated 4 Opposition Business for his cooperation in October 1999, it had blocked the move across presenting these non-conforming petitions. the road? Motion agreed to. I call upon Mr Bill Mitchell, Queensland General Manager of Australia Post, to The House adjourned at 7.24 p.m.