Questions without Notice 2 November 1984 ASSEMBLY 1781

Friday,2 November 1984 COSTIGAN ROYAL COMMISSION REPORT The SPEAKER (the Hon. C. T. Edmunds) Mr ROSS-EDWARDS (Leader of the took the chair at 10.35 a.m. and read the National Party)-I refer the Premier to the prayer. many recommendations made by Mr Cos­ tigan in his report regarding legislative changes, which are necessary and urgent, QUESTIONS WITHOUT NOTICE and the fact that ready acceptance of those recommendations was reached in principle by the Premier. In the light of those recom­ FEDERAL GOVERNMENT mendations, will the Premier give further PAMPHLET ON SCHOOLS consideration to this Parliament meeting in Mr JONA (Hawthorn)-On my last day's the first fortnight of December to bring sitting in Parliament, I raise with the Min­ about these legislative changes. I refer him ister of Education the 2015th issue I have to four particular areas where the need is raised in this Parliament, over the past 21 obvious: The Lotteries Gaming and Betting years. I ask the Minister whether he is aware Act, the Crimes Act, the Building Societies that the Federal Government pamphlet Act and the Bail Act. entitled "Improving Australian Schools" has Mr CAIN (Premier)-The Government been banned by the Western Australian responded quickly to the recommendations Labor Government for distribution within that were made. As I recollect, some 24 of Government schools in that State on the those recommendations affected Victoria ground that it is mere Federal election solely or in part, and the Government made propaganda, and that there have been moves decisions in respect of some eighteen of to ban the distribution of that booklet in them. As for the remainder of the recom­ other States. Will the Minister ban this mendations, consultation will take place. I highly political and offensive document am not prepared to reconsider the decision from distribution to Government schools that was made in regard to the sitting of this within Victoria? Parliament. I would not believe, even in Mr FORDHAM (Minister of Educa­ those areas where a decision has been made tion)-I thank the honourable member for by the Government with regard to the what I expect to be his final question after recommendations, that the consideration many, many years of service to the Vic­ and consultation as to the detail could prop­ erly be given within the time frame sug­ torian Parliament. I wish him well in his gested by the Leader of the National Party. retirement. I am sure his decision was a wise one. In relation to the matter the The matters dealt with in the recommen­ honourable member raises, I am not famil­ dations are complex in almost all regards. iar with the pamphlet to which he refers, or, The only one which I could say would indeed, with any decision being made by require a simplistic approach is in the area the Western Australian Government. of the penalties for starting-price bookmak­ ing offences. That is the only area in which However, I am conscious of the efforts there could be a seat-of-the-pants judgment being made by Governments throughout should the maximum fine be $5000 or Australia to keep very much in touch with $25 000. As for the remainder of the mat­ their communities to ensure that people are ters, they require proper consultation with aware and informed of initiatives and atti­ the agencies concerned. tudes of Governments so that they are bet­ ter informed when making judgments about Having heard numerous complaints from the present and future. I have no doubt that the opposition parties about supposed lack the document to which the honourable of consultation, if the Government were to member refers, as prepared by the Com­ do what is suggested, the opposition parties monwealth Government, is in that line. would complain about lack of time to con­ However, I shall examine the matter and, if sider the issues involved. I do not intend to there are any difficulties, I shall inform the rush into these matters. honourable member further. Mr Ross-Edwards-Do nothing! 1782 ASSEMBLY 2 November 1984 Questions without Notice

Mr CAIN-That is not a fair comment there shortly. This is good news for all Vic­ the Government has moved Quickly to put torians and it is good news for the people at in place a whole range of recommendations Portland. It emphasizes that the Govern­ that have been made already. It has acted ment's policy of moderation, conciliation, Quickly on prosecutions. There have been and following the processes, ensured that a ongoing prosecutions with spectacular suc­ successful conclusion was reached. cess. The Government has acted Quickly to indicate its response to the various and con­ HOSPITALS siderable recommendations that have been Mr LIEBERMAN (Benambra)-In view made. of the deepening industrial crisis in Vic­ toria's public hospitals, including the cur­ EMPLOYMENT rent strike at the Alfred Hospital, bans at Mr MILLER (Prahran)-The Premier other hospitals, a stopwork meeting being has shown himself to be the most outstand­ held this morning at the Royal Women's ing Premier in the history of the State. In Hospital, and the fact that the Premier view of the significant increases in employ­ intends closing down Parliament now, will ment in Victoria recently, will the Premier the Premier detail measures that the Gov­ inform the House of additional steps that ernment proposes to take to restore hospital have been taken to further improve patient services? employment in the State? Specifically, will he proclaim Victorian Mr CAIN (Premier)-I am very pleased hospitals as essential services under the to be able to say, at the end of the sitting of Act if there is nota total return to work by Parliament, that the Government has in its 2 p.m. today? first term Quite successfully turned the Mr CAIN (Premier)-The last day of the economy around from what it was when it session really is desperation day! Honour­ came to office. I acknowledge that the reces­ able members saw that last night when a sion did not bottom out until April 1983 or motion of want of confidence in the Gov­ thereabouts and, since that time, the Gov­ ernment was moved. The Government's life ernment has created 100 500 new jobs. The was on the line. Three Opposition speakers trend appears to be continuing. spoke, and the Opposition ran away from Money has been set aside in the Budget the motion! That is how seriously the specifically to create new jobs in the State. Opposition takes the Government of this State! Last night's performance was the most It is important that there are good signs of disgraceful performance in the history of expansion occurring throughout the private this State. For the Leader of the Opposition sector. The Government has a very impres­ to move a want of confidence motion and sive record on economic achievement. If walk away from it after two and half or members of the Opposition look out their three hours is nothing short of disgraceful. windows they will see the cranes now springing up around the skyline. Not a word that has been said by the Opposition would lead me to believe the l\tlr Kennett-Where? industrial record of the present Govern­ Mr CAIN-A whole range of projects is ment does not distinguish the present Gov­ under way, or approved to be under way. ernment above all its predecessors. The The record of building approvals over the honourable member should well know that past six months in the central business dis- the matter he raises is in hand. It is under trict alone speaks for itself. - consideration by the two Ministers con­ The most significant of those projects cerned-the Minister for Industrial Affairs singly is the Alcoa aluminium smelter at and the Minister of Health. The honourable Portland. I was pleased to learn that this member should also know that the Govern­ morning the Full Bench of the Conciliation ment has the track record in the resolution and Arbitration Commission handed down of industrial disputes. its decision on demarcation of the work for I ask honourable members to consider the smelter. The joint venturers are confi­ just one set of figures-the Government's dent that decision will be accepted without record as compared with that of the pre­ problems and that work will recommence vious Government, and the number of days Questions without Notice 2 November 1984 ASSEMBLY 1783 lost in the present Government's term of COMMONWEALTH-STATE office as compared with the days lost under FINANCIAL RELATIONSHIPS the former Government. I am confident that Mr ROWE (Essendon)-My question any industrial dispute in this State can and without notice is directed to the most out­ will be resolved in accordance with the standing Treasurer of this State. Can he practices followed by the Government. inform the House what progress is being made in improvin~ Commonwealth-State PROMOTION CAMPAIGN OF ROAD financial relationshIps? CONSTRUCTION AUTHORITY Mr JOLLY (Treasurer)-I thank the Mr HANN (Rodney)-Can the Minister honourable member for his question. He of Transport advise the House who author­ takes an active interest in economic matters ized the television promotion campaign by and is an asset to the Government. As honourable members are aware, Victoria has the Road Construction Authority? long been discriminated against in tax-shar­ Honourable members interjecting. ing arran~ements, as has been recognized The SPEAKER-Order! The House will by both LIberal and Labor Governments in come to order. I ask the honourable mem­ this State. The Government is pleased to report that the Hawke Federal Government ber to commence his question again. has agreed to a major review of taxation Mr HANN-Can the Minister of Trans­ powers between the State and Federal port advise the House whether he issued Governments. any instructions to the Road Construction I trust the Liberal Party will support the Authority urging it to carry out a television initiatives that have been undertaken by our promotion campaign; can he give the esti­ Government to implement that fundamen­ mated cost of that campaign, and how can tal review of taxation powers because we the Minister justify the carrying out of that have been forced to rely on regressive and type of promotion campaign by the inefficient taxes in this State. The re-election authority? of the Hawke Government in December­ which is a certainty and should be sup.­ Mr CRABB (Minister of Transport)­ ported by the Opposition as well-wIll The board of the authority authorized the ensure a radical change in the distribution campaign, as it authorizes everthing that of taxation powers. the authority does. The campaign is mod­ State Treasury officers around Australia est, costing approximately $150000. That have already produced a report that is cur­ figure, if honourable members would like to rently being considered by the Federal know, is one-third of what the former Gov­ Treasury. The Hawke Government has ernment spent on advertising weekly travel made a commitment that a special Premiers cards in the two months prior to the last Conference to review those taxation powers election. The former Liberal Government will be held before the regular Premiers spent $485 000 on that campaign. Conference in June. That should be wel­ The Road Construction Authority desired comed by all members in this House. to run a promotion because it was con­ A redistribution of the taxation share is cerned that the other new transport authori­ needed because Victoria is not getting a fair ties had all established a corporate image, deal. It receives only $491 per capita com­ as it were, with their names being visible on pared with $746 for Queensland and $946 for Tasmania. This is traced back to the trains and trams, whereas the Road Con­ coalition of conservative forces in Austra­ struction Authority had not had that same lia. I trust the Liberal Party will join with level of visibility. The authority's public the Labor Government in ensuing a better relations advisers advised it that a cam­ distribution of taxation powers in the future. paign or this type was appropriate. I express gratitude on behalf of the auth­ PRISON WORK CONTRACTS TO ority to the television stations for using their VICTORIAN FIRMS community service time to give the adver­ Mr SALTMARSH (Wantirna)-I ask the tisement rather more exposure than was Minister for Community Welfare Services originally anticipated. whether it is a fact that the Director-General 1784 ASSEMBLY 2 November 1984 Questions without Notice of Corrections who recently came to the job to expand its services to the Victorian from Western Australia has adopted a prac­ community? tice of appointing West Australians to Mr JOLLY (Treasurer)-I thank the undertake work in Victoria, an example honourable member for his question being the design work by Forbes Fitz­ because honourable members on all sides harding from Western Australia in relation of the House have shown a great deal of to the Lara prison. Will the Minister instruct interest in the State Insurance Office over the director-general to give preference to recent weeks. As honourable members will well-qualified and competent professional be aware, the Government extended the Victorians rather than using one or two local ability of the State Insurance Office to pro­ names as supports for West Australian vide a wide range of insurance services. firms? Recent decisions have been made to enter Mrs TONER (Minister for Community into competition with the private sector on Welfare Services)-Victorian building equal terms. That is the point raised by the companies are delighted with the work that Leader of the Opposition. It is a big step is being undertaken by the State Govern­ forward concerning the operations of the ment on the development of correctional State Insurance Office and will mean that it facilities. However, there was a dearth of will continue to operate at profitable levels expertise in this field in Victoria. in the area of commercial insurance. I hope Mr Saltmarsh-That is not true. the proposal will have the support of the Mrs TONER-The former Government Leader of the Opposition. built nothing for 100 years. This week, the State Insurance Office Honourable members interjecting. announced a special insurance policy for elderly citizens in respect of household items Mrs TONER-The Leader of the Oppo­ because that area has been identified as one sition refers to Jika Jika, now "K" division. where lower cost insurance could be pro­ That was a mistake. It would not have been vided because there is actuarial justification built by our Government. With reference to the Government's prison construction pro­ for a lower premium. gramme, and our choice of consultants, ~e I am taking steps to promote the State are using the best expertise in Australia, Insurance Office, and I hope the Leader of some of which is Victorian expertise and the Opposition will join me in this promo­ some of which is from Western Australia tion. I am pleased that the Leader of the and New South Wales. Opposition is impressed with the State The Government has been decisive in Insurance Office tie I am wearing today. respect of prison construction. I should like Mr Kennett-Did you pay for it? to know the Opposition's attitude to the MrJOLLY-It was complimentary, and new site at Barwon at which work is pres­ certainly in keeping with Cabinet regula­ ently proceeding, and on which subject the tions. The tie is part of the promotion. I am Leader of the Opposition has been strangely very concerned that the Leader of the quiet. Opposition may suffer withdrawal symp­ I am proud of the Government's en­ toms if he is not reminded of the State deavours in this field. A construction pro­ Insurance Office, so I take the opportunity gramme is in place and, in the years ahead, of presenting him with a State Insurance Victoria will see a correctional system of Office tie which will go with his decor today. which it can be proud. TOTALIZATOR AGENCY BOARD STATE INSURANCE OFFICE ANNUAL REPORT Mr McCUTCHEON (St Kilda)-My Mr REYNOLDS (Gisborne)-I ask the question is directed to the Treasurer. I am Minister for Youth, Sport and Recreation: sure all honourable members will acknow­ Why was the 1984 annual report of the ledge the outstanding record and achieve­ Totalizator Agency Board made available ments of the incumbent of that office. Can to race clubs and the general public, includ­ the Treasurer inform the House what steps ing myself, before it was tabled in Parlia­ the State Insurance Office has taken recently ment? Is this highly irregular practice by a Questions without Notice 2 November 1984 ASSEMBLY 1785 statutory authority permissible under the RELOCA TION OF QUEEN VICTORIA Act? Ifnot, why was it allowed to occur? HOSPITAL The SPEAKER-Order! I am advised that the honourable member for Gisborne Mr MICALLEF (Springvale)-My ques­ is seeking a legal opinion. I ask the honour­ tion is to that oustanding Minister of Health able member to repeat the latter part of his who actually put into effect the 1961 ine­ question for greater clarity before I call the briated promise of Sir Henry Bolte to build Minister. the Queen Victoria Hospital. Mr REYNOLDS-I ask the Minister for The SPEAKER-Order! Will the Youth, Sport and Recreation why this irreg­ honourable member for Springvale com­ ular practice of permitting the report to be mence the question again. I cannot hear made public prior to its being tabled in the what the question is. House was allowed to occur. Mr TREZISE (Minister for Youth, Sport Mr MICALLEF-Can the Minister of and Recreation)-I will have the matter Health inform the House what progress is checked and advise the honourable being made on the relocation of the Queen member. Victoria Hospital, particularly in relation to the cost of the hospital's relocation? HOUSE BUILDERS' LIABILITY Mr ROPER (Minister of Health)-I Mr JASPER (Murray Valley)-I refer to thank the honourable member for the ques­ the report of the committee investigating tion because of his interest and those other house builders' liability under section 49 of honourable members in the south-eastern the Local Government Act. Is the Minister suburbs who have been working for the for Local Government aware that there was relocation of the Queen Victoria Hospital a dissenting report by one member of the for a long time. committee which detailed 70 points of dif­ ference with the majority report? Will the Some honourable members will recall­ Minister elaborate on this minority report, and there is one member who is still in the and will he make the report available? Fur­ House-the 1961 promise by Sir Henry ther, what action is the honourable gentle­ Bolte, then Henry Bolte, that a major hos­ man taking on the reports that have been pital would be constructed in the south­ made on section 49 of the Act? eastern suburbs of Melbourne. In 1964 that Mr WILKES (Minister for Local Gov­ promise was repeated as it was in 1967, in ernment)-In answer to the honourable 1970, in 1972, in 1975 and in 1978, and we member's question, some months ago I made that promise in 1982. It was by then established a working party to examine the 21 years old. Many people who might have house builders' liability legislation. That thought they would be able to have their working party was representative of the children in that hospital in fact could well industry associations, the guarantor body, be having their grandchildren by this stage. the Law Institute of Victoria, the Australian Institute of Building Surveyors, the Local We took the view, both in opposition and Government Department, a representative in government, that the people of the south­ of the Ministry of Consumer Affairs, a law­ eastern suburbs had missed out for too long, yer appointed by my colleague the Minister that they had a real need for an adequate of Consumer Affairs, and Mr Andreas hospital service, and also that the problems Blums as an interested consumer. I have of the Dandenong hospital could be dealt received a report from the working party with only by the expansion of the number and that report was signed by Mr Blums of beds in that area. So, in 1982, on becom­ with some reservations. I am having the ing the Government we decided that in the report currently examined with the view of next election campaign this oldest promise introducing legislation next year with in the political book would not be repeated amendments to the house builders' liability because the hospital would be well under­ legislation. At the appropriate time I will way. The Government started on that pro­ make the report available to the honourable gramme and I am pleased to say the work member. on the top level has now started. The first 1786 ASSEMBLY 2 November 1984 Legal and Constitutional Committee concrete pour occurred only a matter of two been possible to do that because of the drop weeks ago. in inflation during the past few years. Mr ROPER-The honourable member for Benambra asks about the Common­ The honourable member for Benambra wealth contribution. The Government, has asked the Treasurer and me whether he through the Premier, has received an can have a briefing from Mr Michael undertaking by way of telex from Senator Fitzpatrick. Mr Fitzpatrick is currently Ryan indicating that the Commonwealth overseas. I have this morning told the Government will contribute its share honourable member that as soon as Mr towards the actual work being carried out. I Fitzpatrick returns and as soon as the am sure all honourable members are most honourable member for Benambra is in pleased, as I certainly am, with that under­ Melbourne again, Mr Fitzpatrick will be taking given so generously by the available to brief him on this most success­ Commonwealth. ful project. When the Government started the pro­ ject, it said the construction programme This promise was made originally in 1961. would proceed within budget parameters. It The three-quarters of a million people in is doing that. I have read reports by Liberal the south-eastern suburbs have been wait­ members in papers circulating in the area ing ever since for that hospital. They now that the cost of the project will be in the know it is being constructed. The carrying order of $400 million. Beattie Prowse Pty out of the project is demonstrable at the Ltd, the quantity surveyors, also saw these hospital site. People can see the cranes and reports. I know the honourable member for the 300 people currently working on the site. Benambra is not reflecting on the compe­ The project will be finished in late 1986. tence of Beattie Prowse Pty Ltd, but they The Government looks forward to the offi­ wrote to me on 16 October and said in part cial opening of the new Queen Victoria that the implications of these reports are Medical Centre at Clayton and it looks for­ that the cost of the project has escalated out ward to that hospital serving those three­ of control. Nothing could be further from the truth. They then went on to say that quarters of a million people who are repre­ with certain minor adjustments they were sented by such people as the honourable budgeting on $89 million for June 1982 member for Springvale. prices and after a recent review-- Mr MACLELLAN (Berwick)-On a LEGAL AND CONSTITUTIONAL point of order, Mr Speaker. The Minister of COMMITTEE Health is quoting from a document and I Overseas court delays and remedies ask that the document be made available to the House. Mr WHITING (Mildura) presented a Mr ROPER (Minister of Health)-I am report from the Legal and Constitutional most pleased to do that. Copies are avail­ Committee on overseas court delays and able in the Parliamentary Library attached remedies, together with appendices. to the press release that I issued and one would have thought that members of the I t was ordered that they be laid on the Opposition would have picked that up. table and be printed. The document went on to say that, pro­ viding there was a continuation of the MORTUARY INDUSTRY AND stable tender market that has marked the CEMETERIES ADMINISTRATION last couple of years, the continuation ofgood COMMITTEE industrial relations and consistent user briefs, the cost control exercises would Third report ensure that the actual Budget limits set by the Government are not exceeded. It then Mr KIRKWOOD (Preston) presented the said that the end cost of the building would third report from the Mortuary Industry and be $134·5 million. The Government has Cemeteries Administration Committee, done what it said it would do. It has· built a together with appendices and transcripts of hospital at the Budget that was set. It has evidence. Papers 2 November 1984 ASSEMBLY 1787

It was ordered that they be laid on the Victorian EconomiClDevelopment Corporation­ table and that the report and appendices be Report for the year 1983-84. printed. Water and Sewerage Authorities (Restructuring) Act 1983-Reasons of Minister of Water Resources for making a recommendation to the Governor in SALINITY COMMITTEE Council to make an Order constituting the Sheppar­ ton Water Board and abolishing the Shepparton Causes, effects and control of land and Urban Waterworks Trust, the Shepparton Sewerage river salinity in Victoria Authority, the Dookie Waterworks Trust and the Rural Water Commission (Tallygaroopna Urban Mr FOGARTY (Sunshine) presented a District). report from the Salinity Committee on the causes, effects and control ofland and river FILMS (CLASSIFICATION) BILL salinity in Victoria, together with append­ ices, extracts from the proceedings of the The debate (adjourned from October 24) committee and minutes of evidence. on the motion of Mr Cain (Premier) for the second reading of this Bill was resumed. It was ordered that they be laid on the table, and that the report, appendices and Mrs SIBREE (Kew)-The Bill has extracts from the proceedings be printed. already been dealt with extensively in another place and the Opposition is pleased Water allocations in northern Victoria to note that some of the amendments that were made in another place have been Mr FOGARTY (Sunshine) presented a incorporated in it. report from the Salinity Committee on water The classification of films and the right to allocations in northern Victoria, together see and hear what one wishes to see and with appendices and minutes of evidence. hear as an adult are most sensitive matters It was ordered that they be laid on the that we have a careful responsibility to exer­ table, and that the report and appendices be cise, because I believe no honourable mem­ printed. ber would want to cut across the private rights of adults to determine what they· want COMMAND PAPER to hear and see. Mr MATHEWS (Minister for Police and Therefore, legislators have to be careful Emergency Services) presented, by com­ to ensure that if there are competing rights mand of His Excellency the Governor, the and responsibilities in the area of censor­ report of the Police Department for the year ship, they treat them carefully and with a great deal of respect. The classification of 1983-84. films, and video films in particular, is a It was ordered that the report be laid on matter which needs to be carefully the table and be printed. considered. PAPERS In 1983, almost twelve months ago, the House considered proposals put forward by The following papers, pursuant to the dir­ the Government to catch up with changes ections of several Acts of Parliament, were in technology and the fact that video films laid on the table by the Clerk: were readily available in the community. Estate Agents Board-Report for the year 1983-84. On 1 December last year the Government introduced the Films (Amendment) Bill. It Greyhound Racing Control Board-Report for the year is interesting to read the debate on that Bill ended 31 July 1984. as reported in Hansard. At that time the Harness Racing Board-Report for the year ended 31 Deputy Leader of the Opposition raised with July 1984. the Government the concern of the Oppo­ Small Business Development Corporation-Report for sition that the proposal by the Government the year 1983-84. to restrict the sale and distribution of non­ Transport Act I 983-0rder for the transfer of assets classified films did not go far enough down and liabilities from the State Transport Authority to the track. The Opposition correctly envis­ the Metropolitan Transit Authority. aged that if the Government did not take Victorian Arts-Report of the council and the Minis­ firm steps then to restrict this material, the try for the year 1983-84. problem would continue in a number of 1788 ASSEMBLY 2 November 1984 Films (Classification) Bill areas; there would be a deterioration in uni­ not only required the compulsory classifi­ form classification between the States and a cation of films but also placed restrictions breakdown in controlling into whose hands on other matters contained in the Bill. the "X"-rated videos would fall. Ifthe Government had acted at that time, In the past twelve months there had been firstly, the problem would not have esca­ a considerable increase in those problems lated, and, secondly, the operators of video and in public awareness that, although one shops would not have purchased large stocks believes in the rights of adults to see what­ of "X"-rated videos and there would not be ever they wish to see, there is also a grave so much of this material in Victoria, and problem growing in the community that, the Government would not have been faced firstly, too many children-people under with such a difficult problem. eighteen years of age-are gaining access to It should also be remembered that some "X"-rated videos through the normal retail people's livelihoods are at stake. When I outlets and, secondly, that many children started talking to some of the video shop are viewing these films either in their retailers, I was told that approximately 16 parents' homes or in the homes of their per cent of their business is sustained by friends. ··X"-rated videos. It is disturbing phenomenon that people Since the Government indicated that it who are responsible for the sale and hire of will move in this direction, the percentage video films have not stuck to the letter of seems to have increased dramatically. I am the law in terms of determining who is able not sure which figure is correct, but I sus­ to walk out of their shops with the films. pect that 16 per cent may be right. It is There have been many recent instances difficult to judge what the effect will be on where newspapers both in Victoria and some of those businesses, albeit honourable throughout Australia have published pic­ members have a responsibility to take the tures of children walking out of video hire appropriate action. The House is aware of shops and other retail outlets with "X"-rated my personal concerns in this matter. I do videos in their hands. There has been a bla­ not like interfering with the rights of people tant disregard for who actually hires and/or on the one hand, but on the other hand, if purchases these videos. people are allowed to view ··X"-rated videos, the only way in which society can I have received a number of complaints ensure that people under the age of eighteen from parents who have claimed that their years do not see those videos is to have children can easily get hold of this material. policing of the home. None of us wants that, In many instances no requests for proof of and none of us will condone that. age have been made. There has been an enormous blossoming of video retail out­ There have been instances of irresponsi­ bility in this area. My children have seen lets not only through video shops, which are advertisements for "X"-rated videos on becoming nearly as popular as 7-Eleven videos classified as suitable for children. As shops, but also in the number of retail out­ a parent I resent that happening. According lets, for example, through petrol service sta­ to the Attorney-General in another place, tions and other similar places, which are this matter is covered under the Bill. I trust not strictly classified as video shops. that it will be so and that advertisements Between last year and now there has been for ··X" -rated material will not be placed in an enormous expansion in the number of the middle of innocuous material. I have video outlets and the availability of this expressed personal concern and the concern material. The Opposition believes the Gov­ of my party that the Government should ernment should have heeded the concerns have moved last year in this area. The that were expressed by the Deputy Leader Honourable Bruce Chamberlain in another of the Opposition in the House during place consistently asked questions of the debate on the Films (Amendment) Bill on 1 Attorney-General last year on what was December last year. At that time the happening in attempts by Attorneys-Gen­ honourable gentleman pointed out that the eral throughout Australia to develop uni­ South Australian Government had intro­ form classification with a uniform code and duced legislati~n similar to this Bill which uniform legislation. It was as a result of Films (Classification) Bill 2 November 1984 ASSEMBLY 1789 pressure by people such as Bruce Chamber­ of obscenity under that Act, the defence was lain, myself and the Deputy Leader of the able to be raised and maintained that the National Party, the honourable member for film would not be classified as obscene Rodney, that the Government has now material because it was generally available reacted. It has also had to react because Par­ throughout the "X"-rated video market. The liament has been confronted with petitions magistrate took account of the rules in other from approximately 100 000 people con­ areas in society and the video market and cerned about the effect of so-called video decided that it was not obscene because it "nasties" on children and some adults. was generally available in other areas. Honourable members should also be con­ cerned about those effects. One of my concerns is that that area is restricted by the proposed legislation. It Although I realize that the production of should not be restricted. It may restrict the those petitions came basically from mem­ ability to show films to adult audiences bers of the Australian Family Association, where the age of the people attending the with which honourable members may not cinema can be checked. That practice would always agree, they indicated a genuine con­ not interfere with the privacy of people as cern for the well-being of Victorian chil­ the police, who will be the prosecutors, will dren. The Opposition supports the proposed be able to check the theatres from time to legislation as it takes up the points that the time to ensure that people under the age of Opposition was raising twelve months ago. eighteen years are not being exposed to that I am worried that problems have been com­ material. That practice would avoid inva­ pounded for parents, children and busi­ sion of privacy by avoiding the need to nesses in this area, which will now have check people's loungerooms and bedrooms. stock that is useless to them. I wonder whether the Minister for Police The Government has not considered and Emergency Services is able to decide other issues in this area. In banning "X"­ whether the banning of "X"-rated videos rated videos from sale and hire, I believe will take away the properly raised defence access by adults to that type of material in a that was able to be maintained by "X"-rated mature and controlled way should be con­ cinema operators. Further amendments will sidered. I have no objection personally to people wanting to see "X"-rated and erotic probably need to be made to the legislation. material. They should be able to do so The other point that needs to be raised is within a controlled environment. that the promotion and exhibition of this The Bill does not deal with the problem material in restricted theatre environments of "hard top" cinemas. Honourable mem­ may be subject to restrictions placed on bers are aware of cinemas that make that advertising. There are certain restrictions in material available. I have taken the time to the proposed legislation which would touch discuss the matter with the Cinema Action on the advertising of the films. In trying to Group and the operators of some adult provide a proper balance between adult movie houses. They indicated to me that, interests and responsibilities for children, although "X"-rated videos' were available perhaps the House should carefully con­ on their premises for sale and hire, they sider the advertising of films because, were not being sold or hired in anything like apparently at this stage, not even the "X"· the quantities they believed there would rated material is allowed to be advertised in have been the market for them. A survey of the Sun, the Age or the Sunday Observer. I their clients viewing adult movies at lunch­ would like the Minister to indicate whether time and other times of the day, both male regulations can be made to change the legis­ and female, revealed that those people do lation to accommodate theatres that are not want to take the videos home because genuinely trying to meet sensibly the needs they do not want their children to have of certain groups in society. access to them or do not want to upset their There is a growing trend to support my wives, girlfriends or whatever. That was a proposition to allow viewing of this type of responsible and heartening attitude. material in restricted theatres. Only a few The Bill does not affect the operation of days ago a Morgan Gallup poll indicated "hard top" cinemas. That area is covered that 28 per cent of people questioned by the Police Offences Act. In a recent case believed none of that type of material should 1790 ASSEMBLY 2 November 1984 Films (Classification) Bill be available anyway. They were referring to until after the children have been to a neigh­ the "X"-rated ··nasties". bourhood video party. A reasonably minor 28 per cent said that I can quote several examples where chil­ there should not be any of this material any­ dren have come back from neighbourhood where, any time at any place; 80 per cent of video parties at their friends' houses where those surveyed said that there should be video films have been displayed. In one some availability; by far the great majority instance a child had nightmares for weeks said that they should be shown in a restricted because the violent material on the video theatre setting and not necessarily at home. upset the child so much. I suppose the There was a strong expression, as indicated parents were to blame because they had not in the Bill, that there should be restrictions supervised the actual film, but it is difficult on hire and sale because of effects on to know if the film depicts violence or por­ children. nography if there is no classification system. Therefore, the Opposition welcomes the One child in Echuca, because of peer pres­ measure, and it is pleased the Government sure, was not game to leave a video party, has already picked up some points made by although two or three other friends who had the Honourable J. V. C. Guest in the other been watching the film left. That child was place. I remind the Government that if it badly affected by the physical violence he had acted earlier, last year, perhaps there saw displayed on the video film. would not be such a problem as has existed The difficulties retailers experience when over the past twelve months. This first step they do or attempt to exercise some genuine to organize better the sale of this sort of restraints on the distribution of this material material in Victoria is welcomed. has been drawn to my attention by video Mr "ANN (Rodney)-The National retailers. When I first raised the matter in Party strongly supports the Bill. Members the press, video retailers pointed out that of the party, along with members of the on many video films the ratings are so small Opposition, have been pressing the Gov­ that it is difficult to determine the rating. ernment for many months now to bring in These retailers-one was a local milk bar stricter controls on the distribution, pro­ proprietor-wrote out the rating on a larger duction and sale of video material. I am piece of tape and stuck it on a video so that pleased the Government has responded, people were conscious whether it was "X", albeit perhaps a little slowly, on the issue. ··R", ··M", or general. On the Government's initial response to They drew attention to the fact that many requests for action on this matter, in an video films were freely available with no early reply to me on 16 August 1984, the indication whatsoever of the violence and Attorney-General advised that the Govern­ pornography depicted on the films. One film ment was intending to introduce compul­ I was given as an example, for which I was sory classification of videos in line with the provided with a recorder as I do not possess Australian Capital Territory Classification one, was Lonely Lady, which in the first 5 of Publications Ordinance, but gave no minutes displayed sexual violence and the indication that the Government was use of a garden hose against a schoolgirl. intending to outlaw the "X" rated videos Although one did not see the act, it was completely, which was requested at the time. obvious what was going on. The whole film In the letter of 16 August, the Attorney­ was based on this young schoolgirl graduat­ General said, inter alia: ing from school and making her way through The legislation attempts to balance the rights and Hollywood by simply hopping in and out of responsibilities of parents with the role of the Govern­ beds with movie producers, directors and ment in restricting the availability to children of inap­ writers. To all intents and purposes, the film propriate material. The responsibility for supervising was suitable for children because it carried children's viewing must ultimately rest with parents. no rating. It was a film that certainly should Fortunately, the Government has corrected have been restricted to adult viewing only. that situation. One of the dilemmas with Those persons who argue against these the video ··nasties" that are available in their sorts of controls on the rights of people, thousands is that many parents are not especially adults, to view what they wish, aware of the fact that their children have ignore the fact that if one continues to allow been or are likely to be subjected to them society to adopt those practices as the Films (Classification) Bill 2 November 1984 ASSEMBLY 1791 norm-in other words, if society continues constituents and people throughout Vic­ to promote and encourage people to watch toria expressing their alarm. violent videos and films depicting sadistic I pay a special tribute to one of my con­ and pornographic sexual acts rather than stituents, Mrs Jill Keele ofBamawm, a con­ acts in which there is some element of art, cerned mother, who has actively and all honourable members will agree that campaigned on the issue and contacted some material depicting sexual activities is many friends and associates urging them to art-and it is allowed to continue to any make their views known to the Govern­ extreme, it becomes the norm. ment and to me as the local member. Mrs Examples of that appear already with the Keele was thinking very much of the future increased tendency to violence in society, interests of her children and was concerned of which the Minister for the Arts will be about the likely impact of the material on well aware in his other capacity as Minister future generations. for Police and Emergency Services. Today, Another concern that was expressed by a prisons are filled with young, violent crimi­ constituent-it is probably rather unusual nals. Only ten years ago when I visited pris­ in that it was expressed by a primary school ons, prior to the early release schemes, they principal-was made by Mrs Pat Gardner were relatively empty of young, violent of Rochester Primary School. She placed a criminals. public statement in the local newspaper Statistics from the Children's Television warning parents about the impact of porn­ Foundation show that by the time the aver­ ographic, sadistic and violent videos on pri­ age child reaches eighteen years of age he or mary school children. she will have witnessed 18 000 television The retailers and manufacturers of video murders. If that amount of violence is being films consider they should have the right to inflicted constantly on young children, it produce the material. There is a vast differ­ will be seen by them as normal behaviour. ence between video films and the films They will start to adopt the attitude that shown in a cinema because there is a restric­ violence is a part of the natural lifestyle in tion on the age of cinema patrons. I admit society, when it is not. that sometimes, with the older children, it is difficult to apply the restriction. There are Surveys conducted in the United States many examples of youn~ people viewing of America on the same question have pornographic and sadistIc video movies. shown that children as young as the ages of There are also examples of adults unwit­ seven and eight years are showing a tend­ tingly hiring video films in the belief that ency towards violence. It appears that is they are family type films, only to discover related partly to the kind of material that they are unsuitable. This causes embar­ depicted, not only on videos but also on rassment to the parents in front of their television generally, some of which is very children. violent. An example of recent television It is not only the actual film that presents programmes depicting violence which is problems. Many video tapes show previews being heavily promoted is the A-Team. The of other video films at the beginning and whole thrust of that programme is violence. end of the films. In many cases the previews Although, in films, actors keep bouncing contain sadistic, pornographic and violent back again, there is a danger in society of material. I acknowledge that that situation creating a situation through film where will not occur in the future because "X"­ young people are given the impression that rated video films will be banned. However, this behaviour is normal and part of their one needs to monitor the situation. It is lifestyle. possible to hire "M"-rated or general rated Numerous people throughout Australia video films and then discover that children have been extremely alarmed at the grow­ are able to view previews of other films ing availability of pornographic and violent depicting violent, pornographic material. video films. A national petition was As I mentioned earlier, there is a vast arranged which culminated in Victoria with difference between viewing a film in a the presentation of a petition containing cinema and viewing a film on a home video. 100 000 signatures to Parliament. On this In the cinema an act of violence or porno­ issue I have received nearly 200 letters from graphy is flashed on the screen for a few 1792 ASSEMBLY 2 November 1984 Films (Classification) Bill seconds and then it disappears. A video film I am concerned at the suggestion of the can be repeated many times by the viewer. Attorney-General that the Government will It can be held in place or played back in review the proposed legislation in June next slow motion to provide classic examples of year. If the inference is that the Govern­ the act of pornography or violence. That in ment may ease the restrictions now being itself is justification for taking stronger imposed, I ask it to review that course action on video films. urgently. It would be a matter of grave con­ A further concern is the lack of discretion cern to the hundreds of thousands of people by parents on the type of material they allow in this country who are worried about the their children to watch. I know of video introduction and distribution of this retailers who have not hired violent films to material. children, only to find that the parents have I ask the Minister for the Arts to indicate, approached them and given permission for in his response, that the Government will the children to hire the films. That is a totally not ease the restrictions on the material and, irresponsible attitude and completely if anything, will monitor the situation to ignores the likely impact on growing ensure that no further loopholes exist to children. allow the material to be produced. The Living Waters Assembly of God Pornographic, sadistic and violent video Church in Kyabram mounted a strong cam­ films-"video nasties", as they are some­ paign on the issue and expressed alarm at times termed-do nothing to enhance the the impact of these films on children and quality of life of Australian children and individuals. That church was responsible for adults. It is time Parliament restricted the urging the Government to change its views. sale and distribution of this material to The National Party supports the Bill and ensure that all video films are compulsorily it is interesting to note that the Shop, Dis­ classified rather than the current situation tributive and Allied Employees Association where that is not the case. has also expressed concern about the impact Mr MACLELLAN (Berwick)-I join of pornographic material, especially on with my colleagues, particularly the women. A report of the association pro­ honourable member for Kew, in supporting duced earlier this year points out "X"-rated the proposed legislation. I also wish to ack­ and "R"-rated video films often depict nowledge the public role of the honourable women as the objects of abuse and violence. met:nber for Noble Park in his campaign to The reason for the Government intro­ have the Government treat the problem ducing the Bill stems partly from the fact seriously. The Victorian Government has that Western Australia, Queensland and been guilty of a major dereliction of duty. Tasmania responded very early and Almost twelve months ago the subject was announced that they would ban the sale and debated in Parliament and the Government hiring of "X"-rated video films. After addi­ was placed firmly on notice, firstly because tional pressure, New South Wales subse­ the South Australian Government intro­ quently responded and finally the State duced legislation to provide that all video Labor Government in Victoria responded films be subject to classification. by introducing the proposed legislation, The Premier's response in December last which it intends to pass this sessional period. year left a lot to be desired, and on 1 I thank the Minister for the Arts and the December 1983, he is reported in Hansard Government for responding to the genuine as having said: concern of many people about the likely The case against mandatory classification is simply impact of the material on future generations. that it would be extremely cumbersome, costly and There is a dilemma in that the United unnecessarily intrusive to impose it. Kingdom and other European countries Twelve months later, the Government has have imposed tougher restrictions on this at least seen fit to require compulsory clas­ material and, when Mary Whitehouse vis­ sification. In the past few weeks we have ited Australia recently, she was concerned witnessed what can only be described as a that the material would be dumped in Aus­ giant clearing sale of video films depicting tralia unless Governments imposed severe the material that the Bill proposes to ban. restrictions. From that point of view it is Sale after sale of video films has taken place desirable for the Government to do so. throughout the community. Films (Classification) Bill 2 November 1984 ASSEMBLY 1793

I do not want to see the Bill delayed and As recently as two months ago these films I am happy for it to proceed at the earliest were available for hire but today these hire opportunity. However, while the Govern­ outlets have empty shelves because they ment has been fiddling and dithering about have sold off the material and it is now wondering what to do, sales of video films owned by members of the community. depicting violent, pornographic material It may have been better for Victoria if the have accelerated. It must be pointed out Government had bought the material rather that Victoria was the last State Government than it being distributed throughout thou­ to be dragged screaming into the adoption sands of homes around the State. It is all of a national approach. The New South very well for the Premier to make pious Wales Government willingly agreed to this comments on how it is up to parents to type of legislation and the South Australian control what their children see on videos. I Government introduced it twelve months am in favour of that principle, but it has ago. The Western Australian and other State little or nothing to do with whether a child Governments had no hesitation in saying, sees this type of material. All that is needed "We will require all video films to be sub­ is a cassette and the right match with a video mitted for classification". When the ball machine, and children can visit the home eventually got rolling, the other State Gov­ of another family and view one of these ernments had no hesitation in introducing the necessary legislation. movies after school. Honourable members should not be sur­ The Victorian Government is the last prised at this, because a survey conducted Government to make a decision and act on in the United Kingdom showed that a high that decision. percentage of children had already viewed Honourable members interjecting. these films. The DEPUTY SPEAKER (Mr WiI­ I raised this matter in the House almost ton)-Order! I ask the honourable member twelve months ago, so we were not innocent for Noble Park to cease interjecting. of the problem then. Saying that it is up to Mr MACLELLAN-I shall be delighted parents to control their children does not to hear the honourable member for Noble address the problem. The survey in the Park speak on this subject because I am United Kingdom included the names of aware of his sincere concern about this mat­ some of the films we are now moving to ter. If he wants to argue that the delay in prohibit-such as the film Killer Driller­ seeking uniformity was justified, I shall lis­ and it found that a number of children had ten to him with interest. already seen them. The matter was put fairly and squarely in The problem went beyond that; it went to this House, by the Opposition on 1 Decem­ the schoolyard conversations that took place ber 1983. The Government was told that between those children who had seen the action was necessary. Victoria could have films and those who had not. That can be as introduced uniform legislation with South offensive as anything else, because a child Australia. Nothing was done, and literally who has not seen the film and who hears it thousands of these films have been sold by discussed-who hears the details of Killer people who were offering them for hire until Driller or whatever-and is then invited to a couple of weeks ago. Those people have go to the next video party to see it, will do cleared their stock and, Heaven knows how so. Even children who had not seen these widely distributed and in how many homes movies were affected in a secondary sense. these films that are now to be banned are I repeat, this matter was brought to the available. attention of the Government almost twelve Honourable members interjecting. months ago. Surely the States and Territo­ The DEPUTY SPEAKER-The ries and the Commonwealth of Australia honourable member for Noble Park is could have got together on this matter more disorderly. Quickly than they did if there were sincere Mr MACLELLAN-I repeat, I shall lis­ in their desire to address the problem. ten with interest to anything the honourable I know the honourable member for Noble member for Noble Park wishes to put to the Park is sincere-I do not question that. House. Twelve months is too long a delay if people 1794 ASSEMBLY 2 November 1984 Films (Classification) Bill are really serious. Twelve weeks can be too the blessing of the Government, because it Ions. Advertisements appear in the Age has done nothing to stop it. No Budget allo­ invIting people to buy this material before cation has been made to buy back this the ban is imposed. This material is sold at material and get rid of it. Honourable mem­ $10 a film and can be distributed around bers on the other side may interject, but I the community ready to continue the dam­ believe that expenditure would be a lot more age it has been doing while Ministers and commendable than some of the other Governments are dithering. expenditures in the Budget. Today the Min­ The last Minister to recognize the prob­ ister of Transport mentioned the example lem was Victoria's Attorney-General. The of the expenditure of$150 000 for advertis­ last Government to recognize the problem ing the RCA logo of the Road Construction was the Victorian Government, and the last Authority. That money could have been Government to introduce proposed legisla­ spent on buying up these tapes and getting tion was the Victorian Government. rid of them. The Minister for the Arts says that such expenditure is insignificant by the Action should have been taken some time scale of the Government's expenditure. ago. The days of the 1950s when we used to There is no desire by the Government to do say, "Let adults read and see what they want more than appear to do something. The to read and see" have gone. We can no appearance, to the Government, seems to longer rely on people to have the maturity be all important. Ban them last, be the slow­ to make decisions in the matter because est, give the appearance of banning them, technology has overtaken us. Nowadays, but really do nothing about the problem. literally hundreds of cassettes and tapes are That is not good enough, given the Govern­ produced and distributed so that hundreds ment was put on notice and warned almost or thousands of children can view material twelve months ago about the matter. I was that no one in their right mind would con­ appalled at the Premier's response at that sider appropriate for young children. time when he said that the case against I urge the Minister to conduct a survey to mandatory classification simply is that it see what proportion of children have seen would be extremely cumbersome, unneces­ this material and what proportion may need sary, costly and obtrusive to impose. That special counselling. Parents can be urged to same Premier's Government then pro­ seek special counselling, but how many ceeded to do exactly what it said it could parents are unaware of what their children not do. It could have acted far better and have seen and of how much damage has have had the commendation of the Austral­ been done by it? If we are serious, banning ian community by moving Quicker and this material is a beginning, but the ban more consistently, setting clear directions. must be enforced and some remedial action If the Government had expressed what it and the enrichment of the programmes in wanted to do, then sought uniformity with schools to counterbalance the attitudes that other States for consistency and come back might have been affected is needed. from its own high standard, that would be a Some parents are concerned about what good argument, but the Government's has happened to their children but they are argument is "we are not sure what we want a small percentage of the population. There to do but whatever we do must be uni­ are many more parents who are concerned form". I shall be interested to hear the about what has gone unnoticed by and honourable member for Noble Park reply­ unconfessed to the family. ing to those comments and shall contain my Many children are too embarrassed to remarks until that stage. mention to their parents what they have Mr NORRIS (Noble Park)-I do not dis­ seen. They are not being sneaky about it, agree with what has been said in the debate but in their innocence would not wish to this morning. The Government can hardly raise with their parents what they saw at be blamed for the fire sale sell-off of video somebody else's video party. Unfortunately nasties that is apparently taking place. the damage has been done. These video People buying those tapes at so-called tapes are widespread in the community and giveaway prices because of the proposed no opportunity will exist in the future of legislation would have brought them any­ getting them back. The sell-off of the way if they are that way inclined, but to material is being conducted apparently with pretend that the people buying these video Films (Classification) Bill 2 November 1984 ASSEMBLY 1795 nasties would not normally have bought a fascination with couples copulating in a them if legislation had been introduced variety of ways and that is something we earlier is not a fair or honest argument, will have to live with. The difficulty is that because that is not happening. that sort of thing becomes terribly boring The proposed legislation clears up a con­ and, having cultivated the market, it has to fused situation. The Government has gen­ be titillated to hold that market by going uinely tried to stick to its guns regarding further and further. 1 was disturbed with the uniformity. There is no point in South Aus­ guidelines laid down by Janet Strickland, tralia bringing in legislation and other States the Chief Censor, that were set out in the not bringing In similar legislation. A person National Times. They indicated a range of can copy a video tape in the twinkling of an activities that would be permitted such as eye. Who could stop me from taking a case bestiality, coprophilia and necrophilia. The full of tapes across the border to Adelaide? censors did not know where they are going. The proposed legislation will not stop the The Bill clears up a confused area and 1 proliferation of video nasties. There is a support it. market for them. It represents 30 per cent Mr B. J. EVANS (Gippsland East)-I of the American market. The honourable support the view put forward by the Deputy member for Kew said that she believes it Leader of the National Party and the Leader was 16 per cent. People are profiting out of of the Opposition, who, 1 thought, made the sale of these tapes and will continue to pertinent comments regarding the failure of do so. the Government in the past to nip this evil The benefit of the proposed legislation is industry in the bud. that the Government will not put its impri­ matur on video nasties. 1 saw a compiled As a primary producer and dairy farmer, tape put together for New South Wales Par­ if my industry put out material that was liamentarians. Even Neville Wran said it poisonous to people in the community, 1 was beyond the pale. would expect something to be done. The entertainment industry has a lot to answer The honourable member for Kew men­ for because it started the rot in the first place. tioned a survey which indicated that 27 per The Labor Party, when in opposition many cent of people did not want video nasties. 1 years ago, criticized the then Government am sure if the whole community saw these over the famous controversy surrounding tapes the percentage against them would be the book called The Group. 98 per cent. It is a depressing situation. The video machine has brought with it ready By today's standards, the contents of that access to all sorts of material, and all the publication were mild indeed, but those Government can do is introduce the Bill honourable members who expressed sup­ and hope it stems in some way the tremen­ port for the then Attorney-General, the late dous thirst for lust and depravity. Sir Arthur Rylah-I suppose everyone has I share the concern of honourable mem­ a recollection of his mythical daughter­ bers opposite. Honourable members are would realize that that incident started the concerned particularly about children being rot that has allowed this evil industry to subjected to this sort of thing. 1 call upon all develop in this country. parents to be diligent as to what their chil­ The Deputy Leader of the Opposition dren are watching and where their children made the point plainly about the problems are going. This is difficult in today's society that are arising in endeavouring to control because children often go to friends' places this situation. In any family, even with the where they spend the night and have par­ highest ideals in the world, this sort of thing ties, and one hopes the standard one has cannot be stopped. drummed into one's children will hold fast I have recollections of some years ago under that sort of pressure. finding a television programme objectiona­ I am pessimistic about this matter, but 1 ble. I believe it was called The Box. I dis­ welcome the Bill. No Government could cussed the matter with my wife because I put its imprimatur to the absolute deprav­ thought there were objectionable scenes in ity and filth that is the subject of video nas­ the programme. However, my wife said that ties. No doubt there will be an "R+" when our children went to school they category of some sort as people seem to have would be told a more lurid version by the 1796 ASSEMBLY 2 November 1984 National Crime Authority Bill children who had seen it. How does one imperative to say, "I told you so", but the control what children see on television? aspirations, the fears and the concerns which Over the years the Labor Party has been she expressed were ones that I share, and foremost in advocating that people should which, I believe, will be shared throughout be allowed to see what they wish. The role the Government. of television is all-embracing. It is in I thank, too, the honourable member for people's homes and one cannot sit by one's Gippsland East for his contribution to the children at all times to ensure the pro­ debate because it had the useful effect of grammes they are watching are suitable. reminding the honourable member for Kew Children may turn the television on inno­ and others of the other pole in this contro­ cently not knowing that there is an unsuit­ versy. At some time in my remarks I able programme being shown. Television intended to indicate that those who cannot has a lot to answer for by titillating the feel­ remember the past are doomed to repeat ings of people and encouraging them to see the past. Fortunately, the honourable mem­ more of this type of material. ber for Gippsland East has reminded This issue is in the same category as that honourable members what the past was like. of drugs in the community. The more one It was a relatively short time ago in this gets of it the more one wants. The Govern­ State when the test of what people were ment and the previous Government have a allowed to see and read was the non-existent lot to answer for because they failed to take daughter of the Chief Secretary of the day. any action to stop the rot. This Bill shuts As the honourable member has reminded the door after the horse has bolted because the House, that led to Mary McCarthy's this material is widely spread throughout notable book The Group being banned at the community. It is in the same category the time. The task of dealing simultane­ as the growing of marijuana; once the seeds ously with those who abuse human freedom are in the community it is impossible to and those whose only interest in human stop people growing it. freedom is its negation, is never easy. It Offensive videos can be spread easily requires ingenuity and guts and that has around the community. As the honourable always been the case. I believe the Attorney­ member for Noble Park indicated, copies General deserves commendation for the can be made of these videos in a few care and the determination with which he moments. This situation is similar to has sorted his way through these difficult another drug; it will lower the standards of matters in order to arrive at a situation decency in the community, and it is a prob­ where the need for the protection of chil­ lem that will be with us for a long time. dren was taken seriously and effectively and, I do not see why the proposed legislation at the same time, the right of adults to freely should not go as far as drug legislation and see and hear material of their choice was prohibit the possession of this material by likewise respected. private individuals. If offensive material is I believe useful progress has been made. found in the homes, then people should be We are indebted to the Attorney-General liable for having possession of it. I believe for the shape of the Bill and for his continu­ it is necessary to go that far if we are to ing interest in ensuring that the matter is stamp out the evil that has been allowed to made right. develop in this country. The Government The motion was agreed to. should not take much credit for the Bill because, as has been indicated, it is the last The Bill was read a second time, and in a long line to do anything about it. I passed through its remaining stages. believe the whole community is worse off NATIONAL CRIME AUTHORITY as a result of these videos being available in (STATE PROVISIONS) BILL the community. Mr MATHEWS (Minister for the Arts)­ The debate (adjourned from October 26) I congratulate the honourable member for on the motion ofMr Cain (Premier) for the Kew for her contribution to the debate. It second reading of this Bill was resumed. was thoughtful, balanced and constructive. Mr MACLELLAN (Berwick)-The Bill It is true that she felt obliged to comply in a is complementary legislation which is perfunctory way with the Opposition's necessary to be introduced into Victoria for National Crime Authority Bill 2 November 1984 ASSEMBLY 1797 the operation of the National Crime Auth­ powers of the National Crime Authority, ority, which has been introduced by the the State vetoes and the opportunity for Federal Labor Government to replace the State Governments to withdraw references National Crimes Commission, which was and not to fully co-operate with investig­ legislated for by the previous Federal Lib­ tions are all weaknesses and open undesir­ eral Government. The difference between able opportunities. the National Crime Authority, supported The Costigan report, a significant inquiry by the Federal Labor Government, and this extending over four years, can reveal much State Labor Government, and the previous to the community. The seriously-held opin­ National Crimes Commission, is that the ion of Mr Costigan is that the transitions of present proposal has less power to deal his investigation to the National Crime effecti vely with organized crime and with Authority will not be successful. That was organized crime figures than the earlier indicated not only in his report but also in commission. his remarks made at the national confer­ As the Opposition's representative, I ences regarding the establishment of a crime attended a national conference which was commission. conducted in the Senate Chamber on the The Federal Government was trying to National Crimes Commission and I obtain consensus from various groups rep­ observed the difficulties of the Federal resented. However, there was no chance of Attorney-General as he endeavoured to steer that as those who stressed the civillibertar­ a course between the very firm views ian aspect claim that one cannot force people expressed by police commissioners, Royal to answer a question or incriminate them­ Commissioners, Mr Costigan and those selves and that one cannot empower the people who have been the front line troops authority to take taxation records and have in dealing with organized crime, investigat­ banking records made available to it. That ing drugs in Australia, and, on the other view is op~osed to those who state that the side, those civil libertarians who were rep­ situation IS so serious that concessions resented by disparate bodies but, neverthe­ should be made in those areas, as occurred less, very respectable groups within our with the Costigan Royal Commission where community, who indicated that civil liber­ Mr Costigan had access to taxation returns. ties were of such precious concern that the Heaven knows whether the commission work and powers of a crimes commission would have been successful in its work had should be restricted. it not had access to such records. Heaven Within the community, tension and dif­ knows whether, in the State sense, the ficulties exist. Those who have conducted National Crime Authority will be successful Royal Commissions, the Costigan inquiry in pursuing and exposing persons who ought and those who have law enforcement to be prosecuted and considering the sys­ responsibilities, including the Chief Com­ tems and legislation that ought to be missioner of Police, Mr Miller, who was changed to ensure that the community is one of the notable speakers at the confer­ seriously trying to roll back the influence ence held at Parliament House in Canberra, and impact of organized crime and crime in adopted the view that greater power was general. needed than the National Crime Authority It was a rerun for honourable members has been given by the Federal Government. to hear the importance of criminal activity The Bill is merely complementary legis­ in the starting-price bookmaking market. At lation to the authority decided upon by the the national conference, a senior judge indi­ Federal Government, and the Opposition cated that there was only one way to stop will not oppose it. However, I point out starting-price bookmaking and that was to strongly that it pulls out many of the teeth take the tax off it. If one is not keen to tap of the proposed crimes commission that was telephones, raid premises or force Telecom enacted by the previous Parliament and was Australia to give information or do all the ready to be put into operation. other things that are necessary to suppress If the community is serious about crime starting-price bookmaking, the only way of and if it takes the Costigan report and dealing with it is to take a tax offit. reports of Royal Commissioners seriously, The view of civil libertarians is that the it must be aware that the softening of the answer to prostitution is to decriminalize it. 1798 ASSEMBLY 2 November 1984 National Crime Authority Bill

If that were done, it would no longer be a to be adopted. The other end of the argu­ crime and would no longer be part of disor­ ment is still coming. ganized or organized crime. The judge said, There must be a basic philosophical deci­ ··1 suppose that, if starting-price bookmak­ sion made by the Government that it is ing is decriminalized in the sense that taxes either serious about the matter and will are taken off it, you are saying that there is consistently support law enforcement-the no problem because there is no longer a investigation, prosecution and changing of crime". legislation and systems-or take the other If society moves in that direction, orga­ approach and say, ··Let the brakes off; let us nized crime can be dealt with quite neatly. legalize it so that it will no longer be a prob­ However, if we are to roll it back so that lem; lessen the penalties and accept the illegal bookmaking and drug distribution is community is changing". supressed, adequate measures must be taken to ensure that firm action occurs. Anyone who has seriously read the reports of Royal Commissioners, the published sec­ Arguments range between those who say tions of the reports ofMr Costigan and any­ that it is all right to have a little bit of heroin one who has had the privilege of attending for oneself or grow a few plants of mari­ a conference with Royal Commissioners and juana. Bills have come before this House Chief Commissioners of Police from around providing that if only small amouflts of Australia and those who have been engaged drugs are used, a lesser penalty will be in inquiries, regard the problem as too seri­ applied. With the operation of the early ous to allow the defence to be taken that release scheme, one can go through the one will not answer questions on the revolving door of Pentridge Prison and be grounds that it may incriminate oneself as out again in no time. It is almost a case of that is a "cop out" way of saying "You catch putting on the kettle for the welcome home me first, I will not give you any party at the end of the court case as one is information" . registered, goes through the process and is given an immediate seven days leave and The matter is too serious for the com­ goes home ready to prune the plants soon munity to maintain that taxation returns after conviction. are so privileged that they should not be The community must decide whether it made available to inquiries; it is too serious will be serious about the situation or to maintain that bank records are too pri­ whether it will decide that the situation is vate to ever be made available. getting hopeless, that certain crimes should I believe the matter is too serious for us be decriminalized and forget the whole ever to argue that, to allow law enforcement damn thing. The Bill purports to move in authorities to tap a telephone where they the direction of getting serious about the have reasonable grounds for suspecting that problem. Victoria will co-operate and back illegal activities are being conducted, the National Crime Authority even though encouraged, counselled or advised on that the authority lacks certain powers and the telephone, is not correct. That has also got advice of Royal Commissions is that it to be dinted and dinted very seriously. needs further powers. Mr Costigan indi­ We can no longer sustain the argument cated that the authority needs greater pow­ that the police have to be in uniform and ers. However, Victoria will go bravely ahead cannot be in plain clothes; we can no longer with an authority that has a serious lack of sustain the argument that entrapment, that power to perform its task. is, a policeman actually going out and offer­ The community is making a move in the ing to purchase drugs, is somehow dirty play; direction of the firm end of the argument. we can no longer sustain the argument that One would not want to wait too long before Telecom Australia has to have a confiden­ we see this Government making another tial relationship with its clients, and the move in the direction of the opposite end of information that it installs perhaps, 22, 44, the argument by going soft. Victoria has or even 100 telephone lines in a building legislation providing that brothels are all which is used as a starting-price bookmak­ right so long as they are in the right plan­ ing centre, is so precious it cannot be acted ning area. Apparently, that is one approach on. National Crime Authority Bill 2 November 1984 ASSEMBLY 1799

The view of the Opposition, and I offer it and all the rest of it." We used to say to to the Government for its consideration, is ourselves, "the innocent Australians"; that that we have to get firmer; we have to get that was a British or a European problem more serious. We have to take organized and that it would never happen here. crime seriously in our community before it However, here we are alive and well and so corrupts our society that it really gets out living in exactly the same era. The critics of control. That is the message that Mr Cos­ are gIven to saying, "What hypocrisy for the tigan is giving us after four years. What he Victorian era to have tolerated and allowed is saying is that he believes there is still this sort of thing!" They refer to the sort of time, but how long will it be before the cor­ hi~ propriety part of society where every­ rupting influence moves from those areas of thIng is prim and proper, cheek by jowl with law enforcement to the judiciary, and to the all the worst excesses of society. And yet, whole system of government? How long and we, Sir, are exactly the same as our great how many years do we have to fiddle with grandfathers, or even our ~eat great grand­ the subject and say, "The democratic val­ fathers-I shall give credIt to some of the ues of free speech, the democratic values of younger members of this place by saying privacy and the democratic values of not that it was as long ago as that. incriminating oneself are all too precious Honourable members interjecting. and we have fought bravely for the prin­ ciples", as we lose the battle? The ACTING SPEAKER (Mr Kirk­ wood)-Order! I ask the honourable mem­ I can assure honourable members that, ber for Springvale to at least have the when these figures get to hobble the judges courtesy in the Assembly to consider that it and the prosecutors, when they get to own is a serious subject that is now being the police and the law enforcement agen­ debated. cies, they will not be very sensitive or con­ cerned about our democratic rights; they will Mr MACLELLAN-We are legislating have no hesitation in listening to our tele­ for complementary legislation to set up a phone conversations or in getting a corrupt National Crime Authority, knowing that the clerk in the Taxation Office to obtain our best advice we have is that that National tax returns, or to make us fund drug distri­ Crime Authority will lack sufficient power bution and so on and make us fund the to do the job. We have received advice from children's habits, and fund and fund them Royal Commissioners of Royal Commis­ again, until the children or their families are sions into drugs and into every other aspect destroyed. of our society where the problem exists. It has been exposed, and we can no longer say We know it is going on, and you, Mr Act­ we do not know about it. The Costigan ing Speaker, know that it would be no prob­ Royal Commission that was conducted over lem to identify a suburb within four years resulted in Mr Costigan saying Melbourne-and I shall not name a suburb, that the transition will not work, the powers because why should one suburb get all the are wrong and the set-up is wrong. We are blame? Where you could go tonight and buy saying that we do not know that what we heroin, marijuana, a pornographic cassette are doing is a feint in the direction of law or anything else. In fact, one could have a enforcement and an attack on organized pornographic cassette made, and one could crime, while we, in our heart of hearts, know even hire the cast if one wished to go out that we have not really gone far enough to and do that. really do the job. We know all these things are happening, If we have not gone far enough to really and they are happening only a few miles do the job, we are really not doing the job from the diplomatic cocktail belt. One could for the people whom we are elected to rep­ go to a diplomatic reception and, a mile resent or for the children and future gener­ away, find these things occurring. We used ations of the people we are elected to to say to ourselves, of those terrible Vic­ represent. I do not want to hand over a torian novels, "It could never happen. What Victoria or an Australia that is riddled with a ridiculous thought that there was this life­ the influence of criminals through to the style of gluttony and all the money in the highest level of society. I do not want to see world, servants and everything else, cheek our law enforcement officers corrupted with by jowl with exploitation, prostitution, drugs the thousands of millions of dollars that are 1800 ASSEMBLY 2 November 1984 National Crime Authority Bill available from the drug industry, the por­ One can understand Mr Costigan being nography industry, and even, simply very disappointed with what has resulted in enough, from the illegal starting-price book­ regard to this proposed authority. There was making industry. Heaven knows, if the esti­ to be a National Crimes Commission, but mate is that it exceeds the turnover of the this new body has been proposed in its place. Victorian Totalizator Agency Board, we I believe it is ironic that honourable mem­ have a problem on our hands. If we are bers should be debating this measure after going to say that the money that is coming the report of the Costigan Royal Commis­ from the Totalizator Agency Board-for sion was tabled in Parliament and debated youth, sport and recreation, to provide in this House only 24 hours ago. The ques­ facilities for the young-is exceeded by the tion is asked: "Does this authority have suf­ income of the corrupt end of the business, ficient teeth?" which is there to subvert and destroy the It might have been a little mild to say in young; and there should be no member of our argument 24 hours ago that it has not. this Parliament who does not understand Now, having been acquainted with what is that we can go from here and buy heroin contained within the five volumes of the and all the products of organized crime­ Costigan report that have been tabled-let then we are not really treating the matter alone the seven that we have yet to see­ seriously in this proposed legislation. one might well say that its powers are pathetic. The Opposition does not oppose the measure. It is a step that has to be taken The Bill contains a sunset clause as a until there is a Commonwealth Govern­ result of which the legislation will expire on ment and some other State Governments 30 June 1989. The Bill is an interim with the guts to go far enough to do the job. measure, and it is as certain as night follows We know, on the best of advice of those day that a further Bill will be introduced who have had the responsibility of inquir­ and passed in 1985. ing-every judge, every Royal Commis­ It is ironic that the Government should sion, every Chief Commissioner of Police be rushing this Bill through by the end of and all those who are responsible for giving the session but is not takin$ notice of what advice to our community-that we are not Mr Costigan had to say. ThIS House should taking the real step that needs to be taken. be passing other measures that are very We are using all the precious arguments such much in line with matters being considered as, "You must not tap my telephone, you by the National Crime Authority and I refer must not see my bank account, you must to the State areas covered by the Lotteries not see my tax return, and you must not Gaming and Betting Act, the Crimes Act, allege anything against me until you can the Building Societies Act and the Bail Act. prove it", knowing that, while we are using Mr Costigan recommended that States enact legislation in respect of those areas. those protective mechanisms for ourselves, we are also offering those protective mech­ I put it to the Premier that Parliament anisms to those who will destroy our society should meet in December this year to pass unless we take this subject far more seri­ the necessary legislation. The answer I ously than it has been treated to date by this received was, in effect, "We will put it off Parliament. for six months". The Government is dith­ ering and is not facing up to its responsibil­ Mr ROSS-EDW ARDS (Leader of the ities. It is ridiculous for a good lawyer such National Party)-The National Party sup­ as the Premier to su~est that four weeks is ports the proposed legislation. As the Dep­ not sufficient time In which to prepare a uty Leader of the Opposition has explained, Bill. In any event, he could have eight weeks it is complementary legislation which needs and introduce a Bill in the first week of Jan­ to be passed in Victoria to ensure the estab­ uary, but the Government will not do that. lishment of the National Crime Authority. I remind the Premier that the present Gov­ The purpose of the measure, of course, is to ernment taunted the former Liberal Gov­ take over from the Costigan Royal Com­ ernment, saying that the then Government mission. However, it will not take over that was not game to sit and that it would not role, but that is how it is envisaged to work. The present Government will not operate. work; it will not sit; it will not face up to its National Crime Authority Bill 2 November 1984 ASSEMBLY 1801 responsibilities. It has received one of the crime. Increasingly, there was difficulty on '"gutsiest" Royal Commission reports ever the part of many in believing what was being to have been presented to this House, one portrayed and revealed through those that makes specific recommendations, but inquiries, but the evidence forced reluctant the Government has its head in the sand people to accept the reality of organized and will not take any notice of the Royal crime. Commission. When the present Government came to The Premier said yesterday that the mat­ office, the then Minister for Police and ter was urgent and must proceed quickly, Emergency Services and others were quick that time is not on our side. Today he says, to indicate that the Labor Government "We will defer action for another six would not support the types of measures months". The Government is not consis­ that were included in the then recently tent or fair dinkum in passing this Bill today. passed legislation of the Federal Govern­ It is doing so only because it is necessary for ment in relation to a national crimes com­ it to do so to set up this organization. mission. It was argued that there was a need The main thing the Government is being for increased ability for the States to veto asked to do is to enact legislation in the certain inquiries. Clearly, it was felt that areas I have mentioned, but it is not pre­ political parties and others may be embar­ pared to do that. The Premier says, "'We rassed because it was becoming increasingly will consider it in six months' time; there is clear that, for organized crime to exist, there not time to do it in December or January. must be an involvement of the criminal ele­ We will put it off until after the State elec­ ment not only with persons in the political tion". The real reason why the Government sphere but also with persons within the is not taking the necessary action is that it judiciary and the Police Force. Corruption is not game to sit and face the Opposition existed at all of those levels and the response and the public. The Government is putting of the Victorian Government in the initial its own political survival before the needs stages of its life was not consistent with some of Victoria and the needs of Australia. of the information that had come from vari­ Mr SALTMARSH (Wantirna)-Firstly, ous commissions of inquiry. I indicate disappointment at the form in I have commended the Cain Govern­ which the Bill is expressed. Some years ago I was probably the first member of the Vic­ ment for establishing the casino inquiry. In torian Parliament to raise seriously the issue debating the report of that inquiry, the of organized crime in this State and Premier, in response to an interjection by throughout this nation. At the time, it me, indicated that, as a result of that inquiry, caused a great deal of churlishness and he and many other members of his Govern­ disbelief, and I was subjected to abuse for ment were aware of the sorts of issues that I having raised the issue. Many people argued had sought to raise in previous years, and that there was no possibility of such a situa­ there was now increased awareness of the tion, that there could not be organized crime extent of the involvement of organized in Australia. crime. I recall that, at that time, the then Oppo­ I suggest that, had this Bill been prepared sition attempted to form a committee to after the report of the casino inquiry was investigate some of the claims in relation to released, the response from the Govern­ organized crime, but that committee was ment would have been different in relation advised not to proceed in the manner in to the preparation of this Bill. Now that the which it was proceeding and it fell by the Costigan report has been received, it is wayside. There was an awareness of con­ obvious that an enormous amount of evi­ tinuing instances of organized crime and dence indicates the very real strength that claims about the extent of it were surfacing must be applied to combat crime. It is a widely throughout the nation. Victorians matter of deep concern that these matters were aware of Royal Commissions in New are not being prosecuted more vigorously South Wales-in particular, the Moffitt and through an authority that has more power Stewart Royal Commissions-some of to call upon the appropriate persons to trace which made important findings calling for back and deal with the problems that are more resources to combat this form of related to organized crime. 1802 ASSEMBLY 2 November 1984 National Crime Authority Bill

Some time ago, a journalist who inter­ corruption of our society, because of the viewed me in relation to my claims at the way it is produced and purified, has a THC9 time asked me what I regarded as the most strength of 16 per cent-an increase of 900 serious problem confronting our nation, per cent on the original content of THC9 other than its economic problems, and my within the marijuana plant. The social atti­ response was that Australia~s most serious tude towards marijuana is that it is OK. It problem was the clear movement of corrup­ is fun to be able to smoke it. One gets a bit tion into our society as a result of sophisti­ of a 44high". The real effects of marijuana cated operators using extremely are that although a novice requires only a sophisticated schemes, operators who were few puffs to experience this 44high", after able to use even the names of other persons continual use, the need is for more and more of good standing to gain further credibility marijuana until eventually no uhigh" is for themselves on their way to promoting produced and the user who is in search of a some nefarious activity. further 44high" then graduates to other sub­ Clearly, in response to some of the argu­ stances whether cocaine, amphetamines or ments that have been presented by a num­ heroin. It is mistakenly believed by those ber of lawyers in relation to civil liberties, who are persuaded to use marijuana that it unless the law enforcement agencies are able is acceptable in small amounts and one can­ to overcome those sophisticated and not become 44hooked" on it. The process is intransigent problems in the early stages, a steady progression and many drug addicts corruption will become so widespread that would not be in the situation they are in if all of us will lose our civil liberties because they had not started on marijuana. These it is clear that one pattern of organized crime addicts feed and support the activities of is that different woups operate within soci­ organized crime. ety through then own enforcers and their Information from the Royal Commission own intelligence, as a separate power within shows that some of the crops from the Grif­ a nation, and are able to intimidate people fith area have produced marijuana to the and impose their will on others. value of $250 million a year. The amounts The Costigan inquiry has shown that the that are involved in this area of crime are financial gains achieved through intimida­ monstrous. This situation cannot be dealt tion, corruption and fraud are able to be with by good intentions; it must be dealt used in the buying into and running of with by proper resources to combat the legitimate companies and corporate activi­ sophistication and seriousness with which ties, the profits from which, in turn, flow persons involved in organized crime cur­ back to more fraud and corruption. Unless rently run their activities. a proper authority is set up and given It is important that we gain some insight. appropriate powers, there is no way to effec­ into the activities of people who at one stage tively stem the tide of these activities. Per­ had no money and, within a short period of sons with special skills need to work closely time, are able to talk about expenditure of with investigators and intelligence within tens of millions of dollars. These people can the police area to effectively contain the present themselves as upright citizens and spread of this malicious and malignant can­ gain support from agencies and organiza­ cer within our society. tions in society and then pull their tricks A vast number of problems exist in rela­ and implement criminal means to achieve tion to changing society's attitudes towards their goals. Those goals are to be master­ marijuana. I was recently provided with minds and operators of sophisticated research which indicated that a few years organized crime. We are so afraid to under­ ago the Berkeley University in California stand the possibility of these things that we identified THC9 as the component which are not prepared to investigate. produces an intoxicating effect from the I am concerned that the National Crime plant cannabis-or Indian Hemp, as it is Authority may not have the adequate auth­ known. In that research it was discovered ority to do proper investigations. The Gov­ that this material THC9 was only 0·02 per ernment should review its response to this cent, or one fifteenth of 1 per cent, of that Bill, not the response that was made when particular plant. However, marijuana, which the Government was first elected in Vic­ is available on the streets for the use and toria, but the response which has grown out National Crime Authority Bill 2 November 1984 ASSEMBLY 1803 of the Governmenfs understanding of the I am most disappointed that this man's nature and extent of sophisticated, organ­ real name is nowhere published in the Cos­ ized crime. The findings of the Government tigan report. His name fills voluminous files are clearly a result of the work of the casino of the New South Wales Crime Intelligence inquiry and the Costigan inquiry allied with U nit and the Victorian Bureau of Criminal all the other inquiries that have taken place. Intelligence. In those files is an enormous The Government should now be able to see list of illegal activities, taped conversations, the need for more strength and resources to everything indicating that this man is a seri­ overcome this cancer in our society which ous syndicated crime leader. This man has is likely to destroy our civil liberties. had a charmed life for half a century. Apart from a minor betting conviction in 1938 The sitting was suspended at 1 p.m. until and a minor conviction for receiving stolen 2.4 p.m. car radios in 1940, there is so little against Mr WILLIAMS (Doncaster)-The Aus­ this man in court files that he once won a tralian community has known about organ­ damages case against a Sydney newspaper ized crime in this country for a long time. It for calling him "Mr Sin". has taken a succession of Royal Commis­ At the 1950 Royal Commission into sions into organized crime commencing liquor licences in New South Wales Mr Jus­ with the Maxwell Royal Commission in tice Maxwell noted that "Gomorrah's" sis­ 1950, the Moffitt Commission in 1974 and ter, Beryl Flack-she was later named in recent years the Stewart and Williams Cunningham-and one Eddie Komhauser, Royal Commissions into Drugs, the Casino who is today a multi-million-dollar prop­ Board of Inquiry conducted by Mr Xavier erty developer and a close friend of some of Con nor and now we have had the four-year the highest political figures in this land, had investigation conducted by Mr Frank misled the Licensing Court to disguise Costigan. "Gomorrah's" hotel interests for which they I am absolutely appalled that all we do is were dummies. It is interesting that only talk about organized crime. It does not seem once does the name Eddie Komhauser that anybody is prepared to strike at this appear in the report now before Parliament. cancer in our midst. So far as I am con­ He is mentioned once in relation to an cerned, the Bill presents another toothless appearance before the Royal Commission wonder and, in my opinion, will do very when he was represented by one of his bar­ little to trap the "Mr Bigs" of organized risters. But the really interesting point about crime in this country. Until the National Eddie Kornhauser appears in the evidence Crime Authority puts behind bars people of the Costigan inquiry on 2 February 1983, such as the notorious Sydney crime czar, where Donald Brooke Lockyer appeared to ·'Gomorrah"-that is the code name given be questioned and was actually questioned to him in the papers apparently leaked from about his $48 million acquisition of Hano­ the Costigan inquiry to the National ver Holdings and the possible tax evasion Times-it will all be a waste of time. involved in a related $60 million loan to a company called Oceanic Finance. Curi­ "Gomorrah" is heavily involved in vice ously, the Melbourne media completely in virtually all capital cities in Australia, missed the story. I quote from an extract of including Melbourne. He was involved in the minutes of evidence before Mr Costigan. large activities in the Philippines for perv­ erted Australians who go there. He uses vice, Mr Miller-Where are you quoting from? blackmail and gambling debts to control Mr WILLIAMS-I am quoting from bank managers, financiers, police, politi­ notes. cians, magistrates and others in positions of The SPEAKER-Order! I know the influence. He finances, imports and dis­ honourable member for Doncaster believes tributes drugs. "Gomorrah" hides behind a that relevance is if he is on his feet and the myriad of dummies and underlings. He uses House is meeting, but I ask him to try to the best brains in the land to plan and exe­ contain his remarks to the Bill, which really cute his nefarious schemes, not the least of does not allow him to cover the broad areas which is the disposing of companies at the of the Costigan report and/or other matters bottom of Sydney harbour. that he is attempting to introduce. I ask the 1804 ASSEMBLY 2 November 1984 National Crime Authority Bill honourable member to restrain, to some Mr Meagher is a very experienced cross­ extent, his remarks. examiner and he did not drop that name Mr WILLIAMS-I ask you, Mr Speaker, very lightly. The article continues: to be patient with me. The quote is vital to Lockyer: I do not know. establish that the Bill is a waste of public An interesting thing is that one of the major money unless men like this are brought to shareholders in Hanover Holdings was Paul justice. Fayman, who was also a substantial share­ holder in Protean Holdings of Richmond, The SPEAKER-Order! I will hear the which I have mentioned on many occasions honourable member for Doncaster. and I hope helped to bring down because I Mr WILLIAMS-The extract states: owe it no brief and naturally the sharehold­ Costigan: The real difficulty-- ers lost their money. Mr Fordham-What is the extract from? Mr FORDHAM (Minister of Educa­ tion)-On a point of order, Mr Speaker, I Mr WILLIAMS-It is a photostat copy am not trying to distract the honourable of a document, if that is what the Minister member's train of thought, but he has now wants to know. The article is headed "The finished reading his quotation so I ask him King of Surfers Paradise". The article states: to name the newspaper and the date on Costigan: The real difficulty is that the Tax Depart­ which it was published. If he answers that I ment might take a different view of tax liability to you? shall not raise any more queries. Lockyer-No. The SPEAKER-Order! That is the Mr CATHIE (Minister of Housing)-On second point of order on the same subject. a point of order, Mr Speaker, I ask the I uphold the point of order and I again ask honourable member for Doncaster to iden­ the honourable member for Doncaster to identify the document from which he tify the document from which he is quoting. quoted. The SPEAKER-Order! I must uphold Mr WILLIAMS (Doncaster)-The the point of order and ask the honourable document was a photostat copy of notes member to identify the document. that were prepared for the Toorak Times. Mr WILLIAMS (Doncaster)-The Mr Cathie-You're joking! extract is a photostat document and is an Mr WILLIAMS-Despite all the rau­ extract prepared for a newspaper. cous laughter, I challenge any member of The SPEAKER-Order! It is not suffi­ the Australian Labor Party to check the cient for the honourable member to say in original material in the Costigan Royal response that the document is a photostat Commission transcript. He or she would copy. The honourable member was asked then see that same exchange included. to identify the document, if he can. "Gomorrah's" solicitor-the famous lit­ Mr WILLIAMS-It is a photostat copy tle mate, Morgan Ryan-once made repre­ of an article being prepared for a newspaper. sentations to the then Federal Attorney­ General, the Honourable Lionel Murphy. Mr Cathie-What newspaper? As a result of those representations The SPEAKER-Order! The honourable "Gomorrah" was exempted from normal member for Doncaster is in order. He has customs baggage searches that any other cit­ attempted to explain from where he got the izen, particularly one who had the notoriety document. of "Gomorrah" , could be subjected to. Early in 1978 the South Australian Attomey­ Mr WILLIAMS-The article continues: General, Peter Duncan, named "Gomor­ Meagher (Counsel assisting the Royal rah" as a principal character in organized Commissioner): crime in South Australia. In April 1982 Mr Who did you acquire Hanover Holdings from? Justice Perrignon, the chairman of the police Lockyer: Whoever the shareholders were. tribunal's inquiry into the activities of the Deputy Police Commissioner, W. A. R. Meagher: Who were the shareholders? Allan, stated: Lockyer: I do not really remember. It is clearly established on the evidence that A. G. Meagher: Mr Kornhauser? Saffron was a person of ill-repute. The effect of repeated National Crime Authority Bill 2 November 1984 ASSEMBLY 1805 visits by Mr Saffron to Mr Allan is such as to disturb with the wretched video playing machines the confidence of the community in the police force which have only about a 30 per cent pay­ and sustained a finding that Mr Allan had brought ment. The mugs who play on these machines discredit to the New South Wales Police Force by the in the little shops have only a 30 per cent constant visits of Mr Saffron to the Police chance of winning compared with about 85 Commissioner. per cent in legitimate poker machine outlets. I wait with interest for when and where charges will be laid against Abraham Gil­ This is the real structure of organized bert Saffron and the wrath ofGod is wreaked crime. If the proposed legislation does not put these people behind bars, it will be a on this man whom I believe to be ""Gomor­ waste of time. There is a photograph in the rah". Until the National Crime Authority book of the "Godfather" of organized crime is given the teeth and the ability to compel in Australia-all honourable members have answers to questions and the ability to heard of him-Karl Bonnette, one of the obtain taxation documents, and all the rest, most dangerous men in this country. Here I believe it will be nothing but a sham and nothing more than a toothless tiger. Its ulti­ we are, the ""Gomorrah" himself. mate test will be whether the ""Mr Bigs" of There is a full-page photograph of Abe organized crime in Victoria, New South Saffron, who has been repeatedly named in Wales and elsewhere are put behind bars the South Australian and New South Wales where they properly belong. Parliaments; "Mr Sin" himself. There is also a picture of George Freeman, who was I quote to honourable members an article named in Parliament as an organized crime in the Age of 29 August 1984 written by Mr fi~ure at the Randwick races in Sydney. Also Michael Gawenda who interviewed the pIctured is an acquaintance, Nick Paltos, crime reporter, Bob Bottoms. The article the mastermind of the multi-million dollar states, inter alia: SP gamblin~ network outlined in the report For Mr Bottoms. the fight against organized crime is of the Costlgan Royal Commission; Free­ of paramount importance and if. to fight it success­ man aids and abets him. fully. certain civil liberties have to be infringed. it is a price worth paying. Also present is Murray Farquhar, who has since retired as Chief Stipendiary Mag­ This book, written by Mr Bob Bottoms, is istrate of New South Wales and who has the equal of any report by a Royal Commis­ been the subject of many inquiries in recent sion into organized crime in this State or times. Pictured below is Danny Stein, one the Commonwealth of Australia since the of the big crime bosses of the United States, unfortunate menace of organized crime hit with George Freeman in Sydney. The book this country in all its severity. According to also contains a photograph of Al Grassby, a the summary on the back of the book: former Federal member of Parliament for This book shows beyond doubt the connection Riverina and formerly Federal Commis­ between America's top crime bosses and their Austral­ sioner for Community Relations. We have ian equivalents. T ony Sergi, a top man in th~ N'D~aghita Organized crime is a frightening fact of life in Aus­ which is an honoured Calabnan socIety of tralia. The petty. backstreet racketeering of Australia's about 5000 members in Wade County cities has become a sophisticated business of enor­ around Griffith. mous proportions where drugs. prostitution, gambling and pornography are the products for which an unwit­ The SPEAKER-Order! The honourable ting and unconscionable public pay untold millions of member gave the Chair an assurance that it dollars annually. This is a business run by common was essential for him to establish some rele­ crooks-with the assistance of big names in politics. vance to the Bill by naming a variety of business and the police. individuals. The honourable member is now This book sets out to reveal as much as is legally halfway through the time allotted for him possible about this ugly state of affairs, describing how to speak on the Bill, to which I ask him to it began. where it is today and what it is likely to return. become ifsomething radical isn't done soon. Mr WILLIAMS-Mr Speaker, I am The inserts of this book are a veritable pleased that you believe I have established rogues' gallery of photographs. One sees my case. There are a number of organize~ Sydney's "Mr Big", Lennie McPherson­ crime figures in this country. At long last It this Parliament has recently passed a Bill to vindicates the memory of Donald Mackay, stop Lennie McPherson taking down people who really set the cat among the pigeons 1806 ASSEMBLY 2 November 1984 National Crime Authority Bill when he informed the New South Wales Bill. The fact is that whenever there is a police drug squad about a massive mari­ public discussion of crime, especially crime juana growing exercise in Coleambally in on a large and spectacular scale in this the Riverina district of New South Wales country, it is unfortunate that frequently where something like $250 million a year members of the Italian community are marijuana crop was being grown. As a result mentioned in relation to the publicity which of that exercise, Donald Mackay lost his life surrounds various incidents. because the presiding judge forced the pro­ It is important that the National Crime secuting witnesses to hand over a diary con­ Authority, when it comes into operation, taining MackaY.'s name. That is why Donald takes account of the grave injustice which is Mackay was kIlled. done to the Italian community as a whole, Donald Mackay virtually smashed the by the undoubted activities of a small num­ marijuana trade in New South Wales ber of people from that community, but who because, as a result of that exercise, a land­ gain notoriety. The reality is that periodic­ scat surveillance communications satellite ally the Italian community is discriminated was instituted in co-operation with the against, certainly in terms of public opin­ United States of America, and thereafter we ion, whenever there is publicity surround­ could pinpoint where marijuana growing ing the sorts of activities which have been was taking place. That was substantially the discussed by previous speakers and which end of that trade in New South Wales. invariably receive considerable publicity. From becoming a major exporter of As the House will be aware, I spend a marijuana by some other Mr Big, who shall great deal of my time with various ethnic remain nameless, knights of the realm who communities within Victoria, and that were transporting marijuana to the United includes the Italian community. I should States, Australia became an importer of like to place on record the concern which marijuana, and then the shrewdies decided the Opposition has to ensure that there is to get into heroin, and that is where the real no stigma attached either currently or con­ problem of organized crime lies today. The tinuing to the Italian community simply marij uana trade has been replaced by the because of the notoriety which is given to a vicious heroin trade. few identifiable people of Italian origin. Unless and until we get the people who It must be remembered that, among those are behind the heroin trade, through a who operate in a criminal atmosphere crimes commission, we will not get very far. within the community, a minority are of These people are so shrewd; they hide Italian extraction. The vast majority ofthose behind the best lawyers-one was scream­ who gain some public exposure because of ing his head off in the press this morning­ their activities are in fact not members of easily the best accountants, and easily the the Italian community. best experts in every aspect of criminal The Opposition is conscious of the sub­ intelligence in this country. I regret to say stantial contribution which has been made they are able to corrupt even the Police over many years to this community by the Force itself or at least get access to inside Italian community. It is the hope of the information and be tipped off in the same Opposition that the operation of the instru­ way that Robert Trimbole was. That man mentality to be formed as a result of the Bill should never have been allowed to leave the will ensure that no unjust notoriety is per­ country, but he was tipped off. petrated against the Italian community in I regret to say that, so far as I am con­ Victoria. cerned, the fight against organized crime has Mr CATHIE (Minister of Housing)-I not got very far in the past 30 years and I thank the House for its support of the pro­ see no great optimism that the measures in posed legislation which will complement the Bill will get us any further in the fight Commonwealth legislation in the establish­ against organized crime. As I see the situa­ ment of a National Crime Authority. While tion, within five years we might as well give it is true, as the Deputy Leader of the Oppo­ this country away. The crime czars will run sition indicated, that there is tension the very Parliament itself. between civil liberties and rights on the one Mr RICHARDSON (Forest Hill)-I wish hand and stronger law enforcement on the to make a brief remark in support of the other, the Victorian Government has clearly Infertility (Medical Procedures) Bill 2 November 1984 ASSEMBLY 1807 decided to support much stronger action in Government, six people associated with that the future in the form of the proposed society are now facing criminal charges. National Crime Authority. The only people who criticized that action over the Athena Permanent Building Soci­ The Government has decided to support ety were members of the Liberal Party that strong action because it wants to ensure Opposition. I was criticized by the shadow that the law enforcement agencies in Aus­ Minister of Housing, when my party under­ tralia are armed with much better informa­ took investigations into the building soci­ tion and intelligence. The Government ety. The honourable member for Doncaster wants more vigorous investigation of crim­ made representations and contacted the inal activities throughout Australia, includ­ Attorney-General on behalf ofthose pe~ple. ing the use of joint Commonwealth-State They alleged that there was a consl?lracy task forces to achieve that result and the between the law enforcement agencIes of Government wants the better assembly of this State, officers of the Corporate Affairs evidence. Office and officers of the Ministry of Hous­ ing, for which I am responsible. There is no The Government shares the concern that conspiracy. has been expressed by the Deputy Leader of the Opposition on the extent of criminal Mr WILLIAMS (Doncaster)-On the organizations and criminal activities in point of order, I think the honourable Australia. However, the attitude of the gentleman is out of order. He knows th~s case will shortly be before the court. He IS Government is that it ought to be getting trying to prejudice a fair trial for those on with the job, which it is through the involved. introduction of the Bill. Despite what the Leader of the National Party said, the Gov­ The SPEAKER-Order! Before I rule on ernment has done much more than any of the point of order, will the Minister advise its predecessors in clamping down on crime. me whether the matter he is discussing is The Leader of the National Party referred listed for hearing? to the need to tighten up State legislation on Mr CATHIE (Minister of Housing)-My building societies. understanding is that criminal charges have been laid, but no date has yet been set down Long before the Costigan report was for hearing. tabled, the Government took severe action The SPEAKER-Order! There is no wherever maladministration in building point of order. societies was involved. In the past eighteen months the Government has taken legal Mr CA THIE-The Government has a action to liquidate two building societies as ~ood record in its approach and in exercis­ mg its responsibilities in government to a result of maladministration; one was the protect Victorian people. The proposed Castle Permanent Building Society and the legislation is only one step further towards other was the Athena Permanent Building ensuring that Victoria has not only the Society. Let me say. of the latter that the structure of the National Crime Authority, concerns of the Government are exactly but also the ability to take positive action those of the Costigan report. against people who are corrupting Austral­ Mr Costigan recommended that the Gov­ ian society. ernment should act to prevent dishonest The motion was agreed to. people from hiding behind the corporate veil The Bill was read a second time, and of a building society. That is what the Gov­ passed through its remaining stages. ernment believed was happening in the case of the Athena Permanent Building Society INFERTILITY (MEDICAL and that is why the Government took PROCEDURES) BILL prompt action to liquidate that building The debate (adjourned from October 25) society immediately it became aware of on the motion of Mr Cain (Premier) for the those activities. second reading of this Bill was resumed. I t is with some satisfaction that I note Mr LIEBERMAN (Benambra)-The that, as a result of the action taken by the proposed legislation is perhaps the most 1808 ASSEMBLY 2 November 1984 Infertility (Medical Procedures) Bill important measure Parliament has had to continue to be developed and conducted in consider as it will affect the lives of many an atmosphere of goodwill between all people and deals with issues that have never people. been dealt with by law, certainly statute law, The Liberal Party was not happy with the in the world. As the proposed legislation is original measure put forward by the the first of its kind in the world, the Vic­ Attorney-General earlier this year. That was torian Parliament is the first Parliament that because it was lacking in some areas. It did has had to debate and consider the issue. not deal with some of the vital issues of The Liberal Party Opposition has been will­ freezing, fertilization, experimentation and ing to accept the responsiblity and challenge disposal. Furthermore, the Law Reform that is involved in being required to con­ Commissioner, Professor Wailer, had not sider and "bite the bullet" on these issues. completed his report, which was expected The Parliamentary Liberal Party has been in Mayor June this year. The Attorney­ assisted by many people of goodwill who General, to his credit, has adopted a respon­ have taken the trouble to contact it with sible attitude since the report became avail­ their views on the proposed legislation, the able. He has my admiration for his programmes and their effects on society. willingness to listen to other people and to The policy my party has adopted has not accept most of the amendments that my been met with entire approval by everyone colleagues in another place moved on behalf to whom we have spoken, but from the of the Liberal Party. I commend the messages of goodwill we have received since Attorney-General for the contribution he announcing our policy on the measure, it has made to the proposed legislation. The seems to be generally accepted that the Lib­ Opposition still does not agree with him on eral Party has made a major contribution some issues and no doubt will discuss those towards the proposed legislation. My col­ matters in the Committee stage. leagues and I have the highest regard for the The Opposition was determined to make people and organizations to whom we have absolutely sure that the community would spoken who may consider that the measure, have the benefit of the Wailer report. even with the amendments my party pro­ Debating the proposed legislation now that posed in the other place, does not meet their the report is available has assisted many own objections or comply with their own honourable members in making the judg­ views. My party has no ill-feeling towards ments that we have a responsibility to make. those organizations and I am sure they have I notice also that the Attorney-General no ill-feeling towards my colleagues. regarded the report as being of such signifi­ It is well known that some organizations, cance that he has announced that he wants such as the Right to Life Association, fought the report to be the subject of community a strong and vigorous campaign of persua­ evaluation and consultation between the sion on this issue. Discussions I have had time when it became available in Septem­ with representatives of the association indi­ ber and 1 December. That means that cate they have accepted the goodwill of my honourable members are being required to colleagues in this matter. The organization debate the measure before we know the out­ accepts that this is not an issue on which come of community consultation. As the individual members of any political party shadow Minister responsible for the Bill, I should be subjected to any unnecessary was somewhat troubled that, as Parliament pressure. Once members of a party have would be rising early this year, the House evaluated the position carefully, like every­ would be required to deal with the Bill one else, they are entitled and obliged to before the outcome of the community con­ adopt a viewpoint. It is a heavy responsi­ sultation was fully available for members of bility that we have exercised in good faith. Parliament of all parties. I have been pleased to hear expressions The dilemma for all honourable mem­ of goodwill towards my party from repre­ bers is that if the proposed legislation is not sentatives of the Right to Life Association proceeded with, the programme will not be and the pro-life organization, despite the covered by laws to assist it and those fact that they are a little disappointed in involved in it. With the problem of Parlia­ some areas. The ongoing dialogue about in­ ments, Governments and elections, it would vitro fertilization and infertility laws can be many months before Parliament could Infertility (Medical Procedures) Bill 2 November 1984 ASSEMBLY 1809 deal with the issue. Therefore, the Opposi­ The Liberal Party is appreciative of their tion decided that it would simply make the contributions and of the way in which their amendments that it considered appropriate work has led the world. In many cases, now, and did so with a great sense ofhumil­ breakthroughs in science and technology ity. I do not believe anyone has all the will assist many of the 250 000 couples esti­ answers. The community has had inade­ mated in Australia to suffer problems of quate time in which to fully evaluate all the infertility. As honourable members know, issues. about 10 per cent of married couples in It will be absolutely imperative for all in Australia have infertility problems to vary­ Parliament next year-some, unfortu­ ing degrees. The programme envisaged by nately, will not be here, but I am optimistic the proposed legislation gives hope to many that I shall be-and the Kennett Liberal of those couples. Party Government, and some may say the It provides hope after careful counselling, Cain Labor Party Government-which­ which is appropriate, because it is an emo­ ever-should undertake to the community tional and traumatic experience for those that the legislation will be re-examined people to enter the programme. The Bill without fear or favour following the oppor­ ensures that counselling will be a significant tunity all honourable members will have factor in participation. The Opposition will had of examining the community input as give the programme and the people in it a result of the Wailer report. every support. The Liberal Party will not hesitate to pro­ The Opposition recognizes the need for a pose changes next year if, in the light of legal framework within which scientists, experience and through consultation, it doctors and staff can work. The Opposition believes something has gone wrong some­ has insisted, and the amendments made in where and that had Parliament had that the other place have achieved this, that the knowledge earlier the decision of Parlia­ programme should be governed by sound ment may have been influenced differently. and ethical rules that must be part of the The Liberal Party makes that commitment. legislation and not left to vagary which could It is one of the great political parties in Aus­ be abused by some people. tralia which has made an enormous contri­ The Opposition is determined to ensure bution to the development of law in our that the proposed legislation has mecha­ society. The Liberal Party will continue to nisms in it for a compulsory review of the keep a very effective ear to the ground on programme to take place in the light of community wishes and will energetically, exp~rience and when the community has without any fear, review the law when it is become more fully aware of the vital issues needed. involved. The continuing review that is In proposing amendments in the other essential is a review that will bring much place, which were carried and which now more knowledge to the Parliament of the form part of the Bill, the first and most future and to scientists, community work­ obvious position the Liberal Party has taken ers and families involved in the problem of is to support the in vitro fertilization pro­ infertility. gramme provided that safeguards and The Liberal Party strongly considered that restrictions are contained in legislation to the programme should be confined to legally meet community concern, as the Liberal married couples and should not be extended Party honestly determines and believes the to couples in de facto relationship. The community wants. amendment passed in the other place, which The contribution made by the team in is now part of the Bill, is not a reflection Victoria to the problem of infertility have against the worthiness of people who are been tremendously important. The Liberal living in de facto relationships, and makes Party is proud of the teams at the Monash no judgment about them. University, the Queen Victoria Medical The Liberal Party believes, without apol­ Centre, the Royal Women's Hospital and ogy, ifpeople have the strong desire to have the Epworth Hospital, headed by Professor children between themselves, the institu­ Carl Wood, Mr Ian Johnston and their tion of marriage, an institution on which colleagues. society has been built, should be paramount Session 1984-66 181 0 ASSEMBLY 2 November 1984 Infertility (Medical Procedures) Bill in the programme. The Liberal Party is for­ Recently I was pleased to hear that tech­ tified by the knowledge that in Australia nology and research have progressed so well now there is no law that would act as a that many in the programme are confident serious impediment to people getting mar­ that embryos will not need to be frozen in ried. the not-too-distant future. New advances The Family Law Act has done away with with sperm and ovum freezing mean that the bad old days where someone had to the embryo can be created at the appropri­ prove fault and cause and virtually destroy ate time for implantation without the need a partner to get a divorce. That does not for embryo freezing. That will be a major pertain now. To establish the fact that a breakthrough and that is why research must marriage has irretrievably broken down, be carried out. If that can be achieved many partners simply have to be separated for of the uncertainties and fears people have more than twelve months. It is an eviden­ about freezing will be allayed. That devel­ tiary matter, and not difficult to prove. The opment will be watched with interest. new procedures for divorce are such that The Opposition was determined to ensure the divorce itself, apart from contested that the passing of the Bill would not mean property and custody issues, is dealt with that Parliament would close its door to the almost by mail and by affidavit, rather than issue-as Parliaments often do-until years by any formal hearing by the court. later. The Opposition considered there was The fertilization of ova outside the womb a need for a permanent Standing Commit­ should be permitted only for the purposes tee to review and monitor the programme of implantation into the womb. Concern for the purposes of establishing a sounding has been expressed by people that, without board for discussion, examination, moni­ control and without a law, the creation of toring and·reporting on every aspect of in embryos outside the womb will result in vitro fertilization as we know it now and in em bryos being stockpiled and used for the future. The Bill now contains a provi­ research, improper research and other pur­ sion that a widely-based committee be poses. The Liberal Party's amendments established and that one of its responsibili­ have achieved a very important principle. ties will be to report each year to the Min­ Once the Bill is proclaimed, no in vitro ister. It will be the responsibility of the fertilization programme which involves the Minister to lay the report on the table of the creation of an embryo outside the womb House each year. can take place legally in Victoria unless the Mr Acting Speaker, you would know from creation of the embryo is solely for the pur­ your substantial experience of Parliament, poses of implantation. In itself, that means that the availability of such a report will a very strict discipline is placed on the sci­ mean that contemporary Parliaments will entific activities of creation of embryos. always have up-to-date information about The Liberal Party realizes the genuine the programme and its strengths and weak­ concern of people on the freezing of nesses. The information will permeate into embryos. The amendments mean that the the community and the Right to Life Asso­ freezing of an embryo should not be permit­ ciation Victoria, Pro-life Victoria, Institute ted simply because people want to freeze of Family Studies and church organizations embryos, but permitted only if the freezing will have a contemporary report available. is essential to save the embryo from People will be able to have the ear of their destruction. local member of Parliament to suggest any A simple case would be when the embryo changes that might be needed to the legisla­ cannot be implanted immediately because tion and advise when matters need to be a woman has developed peritonitis or some reviewed. Parliamentarians will take on other problem, and if it were feasible and board those matters and act accordingly by safe to do so, freezing processes would be reviewing the legislation, suggesting available to save the embryo for implanta­ amendments, expanding the programme tion at a later date. It is for that reason that and by other appropriate means. the amendment was moved in another place The Opposition was concerned that, to provide that embryo freezing can take although Professor Wailer considered a place only with a view to implantation of Standing Committee to be worth while, he the embryo at a later date. did not suggest what its composition should Infertility (Medical Procedures) Bill 2 November 1984 ASSEMBLY 1811 be. The Opposition did its best and the can work. In so doing, the Opposition was Attorney-General accepted that the com­ anxious to ensure that research people mittee should comprise two religious rep­ would not work in a vacuum. Their work resentatives-this was deliberately done and will be subject to review by the Standing I shall leave it to honourable members to Committee and cannot be embarked upon examine why-a medical practitioner, a at all unless it has approval. Through the lawyer, a socIal worker, a representative of report to Parliament, the committee will the teaching profession and a philosopher. advise the Minister of the research it has It is up to the Minister to decide who the approved. People would be cut off at the chairperson will be. socks Quickly if the approval for research Suggestions have been made that a con­ and experimentation were not, in the view sumer-if honourable members like-who of the contemporary Parliament and the has expetienced infertility, should be community~ morally, ethically and legally included on the Standing Committee. That supportable. is probably so, but rather than disturb the The amendments in the Bill, which have Bill, I intend, when Parliament receives the been accepted by the Attorney-General, first review of the legislation next year, to prohibit experimental procedures where suggest that the composition of the commit­ they would cause damage to the embryo, tee be changed to allow that to take place. make it unfit for implantation, or reduce In the meantime, I suggest to the the prospects of a pregnancy from implan­ Attorney-General that, in the first year of tation except to the extent that the research operation, the committee be encouraged to procedures are approved by the Standing co-opt advisory groups to meet with it regu­ Committee. The Bill now lays down prin­ larly and to include in those advisory: groups ciples to which the Standing Committee people who have experienced infertIlity and should have regard when considering these who may have been or still are in the matters. The Standing Committee must, at programme. all times, have regard to the principle that Embryo experimentation has caused childless couples should be assisted in ful­ much heartache to many people. The filling their desire to have children. It must Opposition was determined to ensure that ensure that the highest regard is given to the the law had constraints because the Liberal principle that human life should be pre­ Party was not prepared to accept embryo served and protected at all times and have experimentation without controls, for rea­ regard to the spirit and intent of the sons obvious to all. The Government legislation. obviously shares that belief and accepted . If honourable members imagine for a the amendments proposed by the minute that they will have the responsi­ Opposition. bility of being part of the Standing Commit­ The Opposition wanted the parameters tee in August 1985, and of receiving a for experimentation spelt out in the pro­ submission from Professor Wood on behalf posed legislation as best that could be done. ofMonash University about a research pro­ However, there is a problem with drafting ~ramme, they will have to put themselves the words. If one says, "There will be no 10 a state of mind of remembering that experimentation at all", problems will arise experimentation research is prohibited with microscopic examination of embryos. unless certain things are done. It is prohib­ The dictionary meanings of the words ited if it damages the embryo and inhibits "experimentation" and "research" are much successful implantation, unless the com­ the same, although the colloquial connota­ mittee approves. tion is different. In considering whether it should be done, If one were overly restrictive and closed the highest regard is to be given to the prin­ the gate totally, one could be doing a dis­ ciple that human life should be preserved at service to the programme and causing suf­ all times. fering to couples now and in the future. One Not that Professor Wood would make would be denying mankind the opportunity such a suggetion, but I give the hypothetical of acquiring knowledge. Therefore, the example that a scientist could put forward Opposition tried to establish a moral, ethi­ a research programme involving the cutting cal and legal framework within which people up and destruction of embryos. It is obvious 1812 ASSEMBLY' 2 November 1984 Infertility (Medical Procedures) Bill that the Standing Committee would have disallowed by Parliament so that honour­ no difficulty in recommending against the able members do not necessarily have to approval. The Standing Committee must wait for the annual report of the Standing have regard to the spirit and intent of the Committee to come through the Minister of Act. Health. A further safeguard provided by the Bill Once gazetted, re~ulations can be the is that the ethical committees in each of the subject of a motion dIsallowing them, if the hospitals-which will also oversee these Parliament of the day believes they should programmes-will not be able to give be disallowed. That factor should be taken approval because that is left to the inde­ into account. pendent Standing Committee which is sub­ The Liberal Party amendments which are ject to Parliamentary and community now embodied in the Bill meet a wide range scrutiny. of genuine concerns in the community. Per­ My colleagues in the Liberal Party have haps the most important feature of those done their honest best to provide a respon­ amendments is that embryos will be pro­ sible basis for some continuing dialogue in duced only with cl view of implantation in a relation to research and experimentation. mother and the prospect of building up a Obviously microscopic examination would large bank of human embryos for experi­ have to be one of the procedures for which mentation and genetic engineering will be it would not be difficult to get the approval averted. That is a major contribution. of the Standing Committee. Some people Members of the Opposition have been might say that would leave the embryo open successful in persuading members of the to risk, because some experimentation other place to accept absolute prohibition might involve potential damage to the of cloning, hybrid engineering and embryo. All I can say is that the provisions surrogacy. dealing with the reports of the Standing The Bill is the result of all honourable Committee to Parliament each year, and members doing their very best and trying to the opportunity for the community and reach consensus on a non-political basis Parliament to evaluate decisions, provide a with their colleagues on all sides of the very strong protective mechanism to those House who are listening carefully to people moral and ethical principles set out in the in the community, from whatever stand, Act. and respecting their views, despite the fact Above all, we have not blinded ourselves that not all views have been accepted. unduly by including prohibition that may It is the intention of the Opposition to well work against the interests of the com­ make some positive contribution to the law munity. Because we were very concerned and to mankind and to help people who are that the number of embryos that have been married but who cannot have children in frozen have accumulated-honourable the normal way to have the chance to expe­ members all know about the Rios rience the joy of parenthood. embryos-the Bill provides that where an I have received a number of messages of embryo cannot be implanted in the woman goodwill but I do not intend to read them. who was to receive it, the embryo may be It has been particularly satisfying for me made available for donation, subject to and my colleagues who have worked on the proper counselling and approval. Bill for the Liberal Party to receive mes­ A provision has also been inserted in the sages such as the one from the Mission of St Bill supporting research and development James and St John of the Anglican Church, techniques for the freezing or storing of ova which commended my colleagues in the by other means. That provision was a Liberal Party for their efforts in making recommendation of the Waller committee. amendments to the Bill and helping to make The Minister envisages that regulations an Act which the people in that worth-while will be made from time to time. Most of organization believe might serve the com­ those regulations will set out certain pro­ munity very well indeed. cedures to be followed by the approved hos­ Mr WHITING (Mildura)-This import­ pitals. An amendment has been inserted in ant but very difficult Bill has already cre­ the Bill providing that regulations may be ated a great deal of debate throughout Infertility (Medical Procedures) Bill 2 November 1984 ASSEMBLY 1813

Victoria. I suppose in one way honourable that takes place during in vitro fertilization members were fortunate to have had a rea­ procedures. The National Party is con­ sonable amount of time to discuss the issues cerned that the Bill is too wide in some that arose, partly because the Liberal and respects and I foreshadow some amend­ National parties combined in another place ments during the Committee stage to cover to hold the proposed legislation over until those points. the spring sessional period. This is the fourth The honourable member for Benambra revision of the Bill, which indicates the evo­ mentioned the fact that a large number of lution that took place in regard to the pro­ people of goodwill have endeavoured to posed legislation. ascertain the best possible answer to the The IVF programme is unique. It is problem of people who are infertile and that interesting to examine the figures quoted by their views should be taken into full con­ Profe~sor Carl Wood of the Department of sideration before the Bill becomes law. With Obstetrics and Gynaecology and Chairman that thought in mind, I would be surprised of the Monash-Queen Victoria-Epworth if the honourable member for Benambra infertility programme who indicates that did not support the amendments I shall 300 babies in Australia have been born move at a later stage. It is interesting to through in vitro fertilization, and 140 of note, in discussing the various ethical points those were born at the Queen Victoria Med­ of view concerning in vitro fertilization, the ical Centre and Epworth Hospital clinics. wide cross-section of views that have been The other important figure, so far as this expressed. I have an article from the British Bill is concerned, is that the number on the Medical Journal provided to me by Or waiting list for in vitro fertilization in the McCaughey that refers to Professor G. R. two Melbourne clinics is 2834. I presume Dunstan, Professor of Moral and Social that refers to females. That backs up the Theology, University of London. He points statement I find hard to believe, that 10 to out during the article that this is an histori­ 15 per cent of couples in the community are cal situation and dates back to the days of infertile and, therefore, are potential users the Hittites, who had a code oflaws govern­ of the programme. ing unborn children. They were graded in relation to their gestational age. One of the Given that factor, and given the trauma problems that has arisen in the past regard­ that must be experienced by those couples ing the in vitro fertilization programme is who are infertile and are not interested or that no decision has been made about the have not taken the opportunity of adopting period of time when experimentation should a child or several children, I believe the in take place. Professor Dunstan pointed out vitro fertilization programme can be that the Warnock committee put a limit of supported. fourteen days on the period and said it Considerable restrictions are needed, should be a criminal offence to handle or because at the moment genetic engineering use the embryos beyond that limited period. is taking place. One example in the United Of course, Dame Mary Warnock herself States of America received publicity last said that the committee had deliberately week and again this week. chosen fourteen days, the time when the Because of the complexity of the Bill, and primitive streak appears, to strike a balance because it is breaking new ground, the between those who desire to protect the National Party had discussions with a num­ embryo and those who desire to experiment ber of people, including the Rev. Or J. D. on it. McCaughey, a theologian who is interested I have selected a wide cross-section of in this project; Mr Joe Santamaria, lecturer material that has been available from time in law at the University of Melbourne; Mrs to time during the period this question has J. Hay, a member of the Wailer Committee been before members of Parliament. In the and, of course, Professor Carl Wood from Anglican weekly newspaper Church Scene, the Queen Victoria Medical Centre. an article headed ""Rethink Call on Embryo Members of the National Party also paid Research" on 7 September 1984 referred to a visit to the Epworth Hospital to look at the fact that the Anglican Social Responsi­ the programme that is conducted there and bilities Commission has been asked to to hear in more detail the type of activity rethink its opposition to research on spare 1814 ASSEMBLY 2 November 1984 Infertility (Medical Procedures) Bill embryos. That relates to one of the amend­ experimentation and everything else that ments to which I referred earlier. The Mel­ goes with it. bourne Anglican spokesman on in vitro In Nazi Germany in the second world fertilization, the Rev. Alan Nichols, a mem­ war the very beginnin~s ~f this type of pro­ ber of the commission, pointed out that the ject did take place. It IS IntereStIng to no~e Waller committee recommended fourteen that in today's Australian a letter to the edI­ days for experimentation and the reason tor by Ronald S. Lowe from Kangaroo given was: Point, New South Wales, stat~s: ... which is we understand before the embryo could To my mind such experiments compare to reported be said to have any senses operating or any organs medical work conducted by Nazi scientists under Hitler. forming. The Rev. Alan Nichols went on to say that He is talking of the transplant ofa baboon's internal hospital ethics committees were not heart into a child. He goes on to say: an adequate safeguard of the public in~erest. The ethical considerations of saving human life must He was referring there to the questIon of have certain limits to prevent mankind interferring examination and experimentation. with other living species. That matter will come up during the Com­ Archbishop Peter Carnley of Perth mittee stage. believed that Rev. Nichols is ~~on the right track". He stated: The Right to Life Association Victoria, Restricted and controlled research up until the 14th Pro-Life Victoria, and a number of other day was thinkable. groups which are opposed to the pro­ gramme generally, have ~ad discussIOns That is open to debate and it can be argued with members of the Natlonal Party and by many people that fourteen days is too those matters will be discussed in more long for any kind of experimentation to take detail by the honourable member for place. Benalla. The National Party is prepared to agree The National Party takes the view that a to microscopic examinations of the 2, 4 or limitation should be placed on the number 8 cell stage of an embryo so that the re~ar~h of embryos that are created in anyone pro­ team can decide whether an embryo IS via­ cedure because of the fact that the ultra­ ble or otherwise, but it would restrict the sonic equipment that was expected to be experimentation to that level. available at the Epworth Hospital at the end Professor Donald Macleod, Professor of of October is able to take ova from a woman Theology of the Free Church of Scotland ~n without the need of a surgical operation for Edinburgh, pointed out that the first chd­ that purpose. The Natio~al P~rty believ~s dren born by artificial insemination are now that once the equipment IS avadable an~ In mature adults. The first test tube baby is six proper operation, it will be reasonably SIm­ years old, and according to Professor ple to take a number of ova from a woman Macleod, the world's first embryo orphans to create one implantation. The figure that lie in the Queen Victoria Medical Centre as was quoted by the research teams for a result of the Rios accident. He pointed out implantations is three; this is so that the that Christian criticism of the sensational problems of multiple births will not occur. new research has been strangely muted. In the early stages of discussion on in vitro The National Party believes it will be fertilization programmes, that would have possible to limit the number. of embryos been the case, although many people in the that are created in anyone Implantatlon community are not so strangely muted, as and still make allowance for the freezing of lie termed it, with regard to the continued those embryos if it is impossible, for medi­ serious research into embryos, with embryos cal reasons, to carry out a~ i~p~antation and with human transplants of animal immediately. With thos~ hmltatlons, t~e organs into huma~ bod.ie~. In ~he not-too­ National Party believes thiS programme Will distant future pubhc oplDlon wdl gradually be successful and is the least objectionable increase as the research divisions of the to any person in the community. medical profession seek to traverse greater There are people who believe there should distances into the unknown, to what can not be any experimentation. The Right to only be described as genetic engineering, Life Association Victoria has forwarded to Infertility (Medical Procedures) Bill 2 November 1984 ASSEMBLY 1815 me a translation of a telegram from the Vat­ on the way to covering the situation ican City Post Office dated 31 October 1984. adequately. That, in part, indicates that the professors The only other question I raise is the one of the Pontifical Institute of John Paul 11 for of donor ova and donor sperm and where Study on Marriage and the Family express the true parental background of the child a negative ethical opinion on in vitro fertil­ will not be known to anyone. The House ization for a number of reasons, one of had enormous difficulty in considering the which is: Adoption Bill to allow for an adopted child No human being. not even an embrionic human to gain knowledge of its background and being should be used as an object for experiments. there is not adequate provision in this Bill Many people in the community would agree to cover that situation with regard to the with that point of view. On balance, and offspring of an in vitro fertilization weighing up the situation of a compara­ programme. tively large group of people in the commun­ Although the Bill endeavours to cover that ity who are infertile, for one reason or question in part, it does not go far enough another, and who wish to have a child of and that is a matter that may cause the legis­ their own, there would appear to be a rea­ lation to come back to Parliament for fur­ sonable cause for the proposed legislation ther clarification and qualification. At the to go ahead provided that the restrictions Committee stage I shall raise a number of that are placed on the experimental teams matters, especially on clause 6, wherein the are carried out and that there is some 44 method of policing those provisions that definitions of regulations of procedures" is may eventually be included in the Bill. contained. In discussions with Professor Carl Wood, Mr SHELL (Geelong West)-I support he pointed out that there are a number of this Bill but not without reservation. This restrictions on widespread experimenta­ Bill has caused me more personal concern tion, among them being the hospitals' ethi­ and consideration than any other legisla­ cal committees and also the National Health tion that has come before the House. I rec­ and Medical Research Council. That is all ognize that the in vitro fertilization well and good, and the normal ethics of the programme has been in existence for some medical profession do come into both those time and that public debate, even though it organizations, but it is possible that experi­ was encouraged by science some years ago, mentation or the desire for further experi­ did not take it up. Now that is ongoing and mentation will be accelerated in the test tube babies are a reality, the public con­ university where people are seeking, per· science has been aroused. The Waller com­ haps, for honour or glory, to come up with mittee did a great deal to encourage public a new procedure. debate. The National Party believes that the pro­ The Bill provides that the fertilization visions of the proposed legislation can be procedures should be regulated and that breached in some way without an efficient experimental work can be done only in policing system. The whole of the debate accordance with the agreement of the stand­ then will have been useless because any ing review and advisory committee. It is member of the community could experi­ this committee that bears the brunt of the ment with embryos or carry out in vitro legislation. It has an enormous responsi­ fertilization programmes without restric­ bility and it behoves the Minister, in tion, apart from the normal ethical position appointing the various personnel to the of the medical profession. committee to take into account all points of I believe the Bill is moving towards con­ view. I especially emphasize that the ethical trolling in vitro fertilization programmes in and moral standards in the community must Victoria and will have sufficient safeguards be well represented. for the majority of the community to accept Clause 29 of the Bill indicates that the that, in future, these procedures will be con­ composition of the committee shall be a trolled to the extent that the end result will person holding a qualificaton in the study be for the benefit of the child of that pro­ of philosophy; two medical practitioners; cedure. When that occurs, we will be well two persons representing religious bodies; a 1816 ASSEMBLY 2 November 1984 Infertility (Medical Procedures) Bill person qualified in social work~ a legal prac­ child has and be subject to the same condi­ titioner~ and a person qualified as a teacher tions provided in the adoption legislation. with an interest in community affairs. The Bill depends on the will of the Gov­ I have spoken to many people about the ernment so far as the endorsement of the proposed legislation, including a represent­ provisions contained in the Bill are con­ ative of the Catholic Church, Monsignor cerned. The Standing Review and Advisory Murray, and a Rev. Jim Minchin of St Committee must take note not only of the John's Anglican Church in Geelong West, proposed legislation but also of the debate as well as a person involved in the in vitro surrounding the Bill so its spirit can be taken fertilization programme. up by the committee. The position of the Catholic Church is When the Bill is considered by Parlia­ that it rejects the programme and does not ment twelve months after its implementa­ condone its actions. The Anglican Church tion, it is not good enough for the legislation believes the programme should continue, to be simply tabled; Parliament must take but that experimentation should be done into account what has occurred so that cautiously and slowly and should not pre­ proper controls may be undertaken. I call empt public debate. It does not agree with for the Government to take note of the de facto couples being included in the points I have made. Although I support the programme. BiII, I have reservations about it. I align myself with the position taken by Mr McNAMARA (Benalla)-The Bill the Anglican Church. I am concerned that addresses the problem of infertility, which the community condones abortion but also currently, according to estimates, affects condones the programme. Both those approximately 10 per cent of couples throughout Australia. It also deals with extremes are adopted by the community. I recent advances in medical science which understand the joy and sense of fulfillment have attempted to find solutions to the that a couple can have when they are admit­ problems of infertility. ted to the in vitro fertilization programme. I a~so ~ecognize t~at adopting or fostering a One method that has been developed and chIld IS no substItute for a child from the pioneered in Melbourne in recent years is programme. the in vitro fertilization programme. Teams currently exist at the Royal Women's Hos­ I am concerned about whether the coun­ pital and the Monash University jQueen selling measures provided in the Bill will be Victoria Medical Centre. effective. It is all very well to have a coun­ selling session, but an intelligent couple who The in vitro fertilization programme raises really want to be admitted to the pro­ obvious social, ethical and legal questions. gramme may put up a screen to enable them It was as a result of the questions that it to be admitted. raised that the Waller committee was estab­ lish~d i~ 1982. By agreement, last year a I am concerned that the Minister of montonum was placed on the use of donor Health has the power to appoint the coun­ gametes, but since December 1983, the use sellors. I am sure that the advice he will of donor ova has recommenced. receive will come from the Health Commis­ The Bill allows in vitro fertilization sion. However, I am not certain whether including the use of donor gametes. The the Health Commission is the right body to Wailer committee is still examining a num­ make recommendations and whether the ber of is~ues in this area including freezing Minister is the right person to make the and stonng of embryos, in vitro fertiliza­ appointments. Both those issues should be tion-the process of fertilization of a donor within the ambit of the responsibility of the ova taking place outside the body which is Standing Review and Advisory Committee. still in the experilnental stage-'surrogate I certainly agree with the clause concern­ motherhood, an~ ~mbryo flushing-the ing surrogacy. There is no place for that in removal of a fertIlIzed egg from a fertile our society. A child born through the in woman and the implanting of that into an vitrC! fertilization programme should, on the infertile woman. attamment of adulthood. have the same The issues that the Waller committee access to information as what an adopted raised and is still considering bring forward Infertility (Medical Procedures) Bill 2 November 1984 ASSEMBLY 1817

many questions that have yet to be of human life. That is an issue of which all answered. There is undoubted sympathy for honourable members are aware. the problems of infertile couples. When the Those three groups-and they are from a first child was born as a result of the in vitro wide range of the political spectrum, from fertilization programme in Victoria, my the far left to the right wing of politics and reaction was one of great enthusiasm. I those in between-have all expressed their picked up the daily newspaper and saw concerns for various reasons. However, plastered across the front page a photograph there are also a number of points on which of a mother with a child. What could touch they have a common concern. The first anyone more than that? I have great sym­ relates to the issue of genetic engineering pathy for infertile couples, and I am pleased and the second is the origin of the embryo. that, through this scheme, they have found I believe honourable members should dis­ a method for having a child. However, there cuss the value of the in vitro fertilization are·a number of issues that must be programme for overcoming infertility. The considered. Minister stated that 10 per cent of couples were infertile. Wider community discuss·ion should take place about what has occurred to this date. Mr Lieberman-To various degrees. Even members of Parliament are still catch­ Mr McNAMARA-Yes, to various ing up· with the details of the programme degrees. Figures have been presented that and there are many people in the commun­ indicate that the in vitro fertilization pro­ ity who still have no real understanding of gramme is running at about a 10 per cent the full implications of going down the in success rate. Therefore, when one considers vitro fertilization programme street holus­ that only 10 per cent of the population bolus. would be affected by the programme, and It is interesting to note that a number of only 10 per cent would be successful, that would result in only 1 per cent of the com­ women's groups ranging from the right side munity benefiting from the programme. The of politics through to the far left have all evidence on donor gametes is that no more expressed concerns, albeit for various rea­ than 20 per cent of couples would require sons. In the book, Test-Tube Women, Dr their use. Therefore, one comes back to 0·2 Robyn Rowland discussed the feminists' percent. Only 0·2 percent of the population point of view. Her main concern was the would receive benefit from the in vitro fer­ effect on the role of women. Dr Rowland tilization programme and would require the was the former Chairwoman of the Research use of donor gametes. Co-ordinating Committee of the Queen Victoria Medical Centre, which now leads I have personal concern about a number of issues that the programme raises. I sup­ the world in the in vitro fertilization tech­ port the operation of the programme as an nique. She has called for a halt to the pro­ aid to fertility for a married couple with the gramme. I have had the opportunity of use of their own sperm and ova, but I have speaking to Sue White who, during the past grave reservations about supporting it any two years, has been the State President of further than that. Very few people will the Women's Action Alliance. She has stood benefit from the programme ifit is extended down from that position because she is cur­ any further. As I said, 0·2 per cent of the rently having a child of her own. I have also population will benefit. spoken to Nance Cotter, who is also involved with that group. One of its major Along with other members of the National Party, I had the opportunity of visiting the concerns is the problem of the identity of Epworth Hospital and discussing the pro­ the children. gramme with the doctors and staff who are Honourable members have recently dealt pioneering the programme in this State. I with the adoption issue and the identity also had the opportunity of talking to problems of adopted children who do not patients. One woman to whom I spoke made know who their natural parents are. The in it clear that she would not be prepared to vitro fertilization programme will raise the accept genetic material that was not her own same types of issues. The Right to Life or her husband's. Therefore, that 0·2 per Association is concerned about the sanctity cent could be cut in half, and the accurate 1818 ASSEMBLY 2 November 1984 Infertility (Medical Procedures) Bill figure relating to those who would benefit human entity and to then propose experi­ would be 0-1 per cent of the population. mentation on that human entity is, at any One really needs to ask what is the main stage of its life, to place every human being purpose of the in vitro fertilization pro­ at risk. ~ramme. Is it a programme of research, or Some people say that experimentation IS it a pro~ramme for solving the problems under some types of conditions is accept­ of infertilIty? I believe the scientists have able. The honourable member for Mildura said that research is justified on a number will move an amendment that will have the of grounds; for example, it may help to dis­ effect of totally outlawing experimentation cover causes and cures for infertility; it may on embryos at any stage. Concern has been enlarge the knowledge of genetic abnormal­ expressed in all quarters on this issue. In ity; and it may even assist in the develop­ fact, honourable members may have read ment of a remedy for cancer. an article in the Herald of 15 October this The doctors and scientists involved in the year in which Mr George Gale, who was field seem to be as concerned about Britain's Columnist of the Year, wrote in pioneering in the area of research as they quite detailed form of his very real concerns are in actually trying to solve some of the about scientists getting into the area of problems of infertility. That is one area that genetic research and experimentation. He honourable members also should address, correctly made the point that the world is because too little effort and too little not short of infants and that the human race Government funding seem to have been is in no dan~er of dying out for want of directed towards solving infertility. reproducing Itself. He said that we could The Government has conducted reviews probably blow ourselves to bits, but that, in the area of tobacco, alcohol and other certainly, we would not disappear as a result areas where it perceives certain health risks. of infertility. However, the Government does not seem The Government should set up a system to be prepared to bite the bullet-and Gov­ of public education on the causes of infertil­ ernments of all political persuasions have ity to ensure that some of the problems that been guilty of this-and address the issue of are now being faced are overcome in the solving the problems of infertility. future. Alongside that programme, research People in today's society have been di­ should also be immediately undertaken into rected towards contraception. Various the causes of infertility which are not yet methods of contraception have been pushed fully understood and, in particular, the rela­ in society, the assumption being that it is tionship between infertility in men and extremely easy to have children-one slip, women and the following issues: The use of the woman misses the pill on one night, or the contraceptive pill; the use of IUDs; whatever, and suddenly she is pregnant. The abortion; venereal disease; undiagnosed or fact is that it is a lot harder for women to improperly dia~nosed medical conditions become pregnant than people seem to such as appendIcitis or other pelvic infec­ believe. Consideration ought to be given to tions; psychological factors such as warning women of the dangers of the use of anorexia nervosa; hormonal factors; mumps some ofthe contraceptive measures that are in men; alcohol; and general physical prob­ available. Some are safer than others. In lems such as diet. many cases, the cause of infertility in some I believe the in vitro fertilization pro­ women has been the use of contraceptive gramme should be limited to cases where measures, such as the Dalkon shield or the gametes are obtained from the husband Depro-provera, which could cause pelvic and wife and where the embryos are trans­ infection. The Government ou~t to con­ ferred to the uterus of the wife. Further sider developing an educatIonal pro­ research should be devoted to the studies of gramme in that area. these issues which relate to the future of The National Party is totally opposed to children already born as a result of this pro­ embryo research. The Women's Action cess. One of the real concerns will be the Alliance (Victoria) made the point-and I effect on children born under this pro­ believe that organization would be some­ gramme. It has been recognized that adopted where in the middle of the .political spec­ children and relinquishing mothers have trum-that to state that an embryo is a had some severe psychological problems as Infertility (Medical Procedures) Bill 2 November 1984 ASSEMBLY 1819 a result of the child discovering that it is babies. That harks back to the types of com­ adopted or the relinquishing mother having ments that one heard from Nazi Germany second thoughts about having relinquished in the 1930s and 1940s-that the German the child .. race was better than other races. This is a In the same fashion, problems will occur terrible step that we are taking for the future. with the in vitro fertilization programme and The honourable member for Springvale people who donate gametes. In fact, most interjects. He should express concern. The of the eggs donated to the programme come extreme feminist ~oups are deeply con­ from people who are currently in it. When cerned with these issues. Dr Robyn Row­ one notes that approximately only 10 per land has expressed her concern. She referred cent of women who enter the programme to women in the future being regarded as are successful, one realizes that cases could egg producers or egg layers, fertile fields to occur where women who have donated eggs be farmed for the benefit of scientists for are unable to conceive and their eggs would experimental tissue. The feminist move­ be fertilized by implanting them into the ment has voiced very real concern about uterus of another woman. experimentation in this area. In fact, those groups have been more vocal on the issue How will such a woman feel? Some severe than any other sector of the community. problems have not been addressed. If the programme were limited to a couple's own The Bill has implications that Parliament genetic material, that would overcome many has not addressed, and a number of prob­ of the problems that can be caused in the lems appear to have been inadequately future. resolved. I shall briefly raise some of them and the Minister may care to answer them. The programme was pioneered in animal For instance, how effective will counselling husbandry or, as the honourable member be in the programme? Should the consent for Mildura said, even earlier with the of parents to the use of donor gametes pro­ pioneering work in Nazi Germany in the tect the medical profession from civilliabil­ 1930s and 1940s. I point out that what is ity to the children produced? What acceptable in dealing with an animal is not especially equips hospital staff to be the filial necessarily acceptable in dealing with arbiters of who should be on the pro­ human beings. For a start, we do not eat gramme and who should not? What legisla­ human beings-at least, not yet. A practice tion is suggested to prevent trafficking in that is accepted in the animal husbandry human tissue, and how will that legislation area should not necessarily be carried into be enforced? the human area. Honourable members no doubt read in The community is deeply concerned with the press in the past week that the heart of many aspects of the issue. The women's an ape had been transferred into a human movement, for instance, feels that not being, and the comment was made that a enough consultation with women has human heart was available but that scien­ occurred on the question of in vitro fertiliz­ tists wanted to ascertain whether an ape's ation and that women and children are sub­ heart could successfully be transplanted into jected to major physical discomfort and a human. In fact, it was stated that it had inconvenience in the process. This matter been tried unsuccessfully three times and its implications ought to be given the already. fullest attention. I have real reservations about the whole All that the public has seen to date have issue. Will the donors of genetic material be been the touching photographs of mother told that they have no legal relationship to and child on the front page of the daily press. the children to whom they are the biological We, as a Parliament, must address these parents? Will that prevent biological parents major social problems for the future. If we from wanting to claim the child at a future accept and allow wholesale genetic engi­ time? Organizations such as Jigsaw are neering, God help us for the future! Already deeply concerned about that issue. Professor Carl Wood-who as a profes­ The fact that there can be no guarantee of sional should be commended-has made anonymity to donors only further compli­ comments indicating that the babies born cates the issue for parents and children. from his programme are better than normal What sort of legal action is available to a 1820 ASSEMBLY 2 November 1984 Infertility (Medical Procedures) Bill donor ifhe or she wishes his or her gametes All members of this Parliament would be to be withdrawn after they have already been supportive of efforts to treat human infertil­ used? What action can be taken if sperm ity and would have personal experience, becomes mixed, and should not the hospi­ either directly or indirectly, of the heart­ tal be liable? break that infertility can cause to a couple. The enormous issue of known donors is In my time in this Parliament, no Bill has raised. How can it be lightly suggested that caused me more personal concern and I use of known donors is acceptable when the know that a degree of concern on many impact on children may well be horren­ aspects of the in vitro fertilization pro­ dous? Thought has obviously been given to gramme is widely held among honourable informing the donors of a successful preg­ members. nancy. Far less thought seems to have been It is about time the Victorian Parliament given to the welfare of the child and how he addressed the issues that arise from in vitro or she is to be informed. Parents and chil­ fertilization. Experimentation and devel­ dren are allowed some information. What . opment in this area has been continuing in will that information be? What information this State for eleven years-since 1973. It is to be kept on the register? Will everyone has taken eleven years for Parliament to set have access to it, just in case he or she was about legislating on the matter. conceived on the programme but has not One early decision of the Cain Govern­ been told so by his or her parents? ment was to establish a committee to con­ How much more research should be car­ sider the social, ethical and legal issues ried out among adopted children about their arising from in vitro fertilization. That com­ attitudes to their identity and the possible mittee, chaired by Professor WaIler, started relationship between their attitudes and its work in May 1982. those of children born from donor gametes? I commend Professor WaIler and the What would be the likely impact on the members of his committee on the way in choice of programme participants if the which they went about their difficult task. It Victorian Equal Opportunity Act came into was a task that could never be completed in effect? Would it be illegal to specify married full. However, they addressed the issues in couples or even those living in a suitable a competent manner. The areas in which relationship as being the only persons to they were not unanimous in their findings whom the programmes were available? they have flagged for the community to It appears to be an understatement to consider. The fact that they could not reach claim that a child may find it difficult in a consensus has helped stimulate debate in later life to come to terms with the fact that the community. his or her genetic parents were unknown to I hope in vitro fertilization is a passing one another. Surely far more work ought to fad, an ephemeral phenomenon. I should be carried out in the whole area before the like to see medical researchers address other community proceeds down this track. treatments for human infertility. I want to see microsurgery pursued further. Perhaps The honourable member for Mildura has prosthetic developments may be a solution. indicated that the National Party will move I am aware that other areas of medical a number of amendments relating to research into treating human infertility research and to limiting the number of fer­ allow less acclaim for the scientific com­ tilized ova to a single implantation. I shall munity and from those for whom that work also move an amendment to limit the scope is done. Perhaps more human benefit can of the programme to the genetic material of be achieved by addressing other avenues of the husband and wife concerned. research. I look forward to that happening I shall reserve the remainder of my com­ and I hope that in vitro fertilization with all ments until the Committee stage of the its question marks is an ephemeral phe­ debate. nomenon in the treatment offertility. How­ Dr V AUGHAN (Glenhuntly)-The Bill ever, I give my support to the Bill, as has been extensively debated in another imperfect and contradictory as it is. place, and I am mindful of that in making I shall comment on the Standing Review my remarks. and Advisory Committee which has been Infertility (Medical Procedures) Bill 2 November 1984 ASSEMBLY 1821 set up under this Bill. The functions of the For many years, I served overseas in committee include giving advice to the Papua New Guinea. In that primitive Minister in relation to IVF and other pro­ country, I saw what limited health facilities cedures for alleviating infertility. I hope the were available and how the introduction of committee addresses itself to those matters wonderful drugs like penicillin saved lives. in the broadest way. With that in mind, I ask how much in vitro In the exercise of its functions, the com­ fertilization costs our society and whether mittee is directed to ensuring that the high­ that money would not be better spent in est regard is given to the principle that sending drugs to Third World countries. human life be preserved and protected at all That money would assist people who are times. I regard that as one of the first and suffering from hunger and starvation in simplest truths, that human life be pre­ countries like Ethiopia. served and protected at all times, and that We are also mindful that in our commun­ truth should not be qualified. I trust that the ity hundreds of thousands of children are committee, in discharging its functions aborted each year because people find abor­ under the proposed legislation, is mindful tion a cheap form of contraception. I of that as its primary principle. recently attended a dinner in Geelong hosted I have not fully formulated my personal by the pro-life group. Or Nathanson spoke views on a number of issues that arise with at that dinner and told us that in the United IVF. As an individual I find that difficult to States of America abortion is a multi-mil­ do. lion dollar industry. Ethics seems to have I remain concerned with the questions gone out the door and people are able to that arise from the practice of IVF, even as have abortions cheaply and quickly. He put a treatment for infertility and I look foward the figure at something like $500 million a to this Bill being further amended in the year. Many abortion clinics are, unfortu­ next Parliament. nately, in the hands of the underworld and Mr DICKINSON (South Barwon)-This it is not the doctors who are making the Bill addresses the question of infertility and money but Mafia and illegal groups. honourable members have heard that it will When debating this Bill, honourable assist the 10 per cent of couples for whom members should take a positive line in we have considerable sympathy about their assisting the medical profession who want problems in trying to have children. An to do the right thing, who are ethical practi­ urgent need exists in our community for tioners and high-minded Christians. Or Carl thorough and ongoing public education Wood is an outstanding man in this field. because of the deep concern of people, who, He was educated at Wesley College, a school for religious or other reasons, are locked which has turned out some of Australia's into a personal stance on the matter. I am greatest scholars and leaders, including Sir sure all Parliamentarians have received Robert Menzies, Sir Harold Holt, Sir Percy emotional and heated letters about what is Joske and Sir William Upjohn, a highly right for us to do as Christians and mem­ respected surgeon and member of the med­ bers of this Parliament. ical profession in Melbourne. I am sure Or Many of us have ancestors who may be Carl Wood will go down in history as a Irish, Scottish, English, Maltese or what­ medical giant. ever. I am proud that I can claim to have I have received letters expressing the con­ forebears who were Irish, Scottish and Eng­ cern that people in the street raise. One lish. Regardless of who our ancestors were, question is about the millions of dollars that we m ust all weigh up the ethical concerns are being spent on creating what may be in dealing with this Bill. happiness for a few people. I have also An ongoing report by the Wailer commis­ received letters reminding us of what can sion inquiry has been the result of dedicated happen to us as politicians if we do not research into the views of people from all abide by the thinking of certain groups. I walks oflife. Or Robyn Rowland ofOeakin found it distressing to receive a cartoon in University has been outspoken on this mat­ the mail of what happened to Mr Borth­ ter and has directed the community's con­ wick, an outstanding member of this Parlia­ cern to many aspects of the Bill. ment who served his community well. It 1822 ASSEMBLY 2 November 1984 Infertility (Medical Procedures) Bill does not help debate on the Bill to box pol­ aborted each year. However, nothing is done iticians into a corner and say: Do this, or and it is put into the "too hard" basket. else! Two ladies from East Brunswick, Miss I hold my head high and I try with the Joan Titcher and Miss Mary Price, have best will to represent the people of South expressed their views to members ofParlia­ Barwon. I have received several letters from ment that Professor Carl Wood and his constituents in the electorate I represent and associates should be stopped and should use I mention just a few of those. Mrs Campion their talents elsewhere. I cannot support that of Queenscliff said she is shocked and hor­ contention because I believe these doctors rified that the Government has introduced have carried out research with the best of the IVF Bill with power for the Minister of intentions, guided by ethics, to assist unfor­ Health to approve any kind of experimen­ tunate people who may not be able to have tation on human embryos and human children. genetic material. Parliamentarians have to make a moral Another letter was received from Mr and judgment whether this programme should Mrs John Walz of Ocean Grove who are be extended to people who are not man and totally against the idea of the Bill because wife. I cannot accept that de factos should they believe it offers no protection to human be included in this scheme. Parliamentari­ embryos which they see as living beings on ans must also make a moral judgment on a laboratory bench. Anne Curry from whether a committee should be given the Hampton wrote that her objection to the power to make decisions and to advise the Bill is that it permits the freezing ofembryos. Minister of Health at a later date. If Parlia­ She believes that from the time of fertiliza­ mentarians take a negative response, the tion the human embryo is a person and situation can get completely out of hand as should be afforded the same rights as other occurred in Nazi Germany during the persons, including the right to his or her second world war when experiments car­ existence. ried out on the health of people were totally This is the type of correspondence that destructive to their lives. This is the fright­ honourable members from both sides of the ening thing that concerns many people. House have received. I had much pleasure The President of the Catholic Women's in sending copies of the Bill and the second­ League of Victoria, Mrs Elaine Hannebery, reading speech to people who had written has also written letters to members of Par­ to me and I invited their response. Only one liament. She states: of my constituents replied saying he was Since it began, the programme-whilst providing grateful for that information. Mr Brian only about 15 per cent of the women who enter it with McMahon from Belmont expressed his a 'viable' pregnancy-has been associated with gross concerns which centre on the scientific fact abuses of the embryos over which it has control. that life begins at fertilization and as a result Catholics and other Christians are con­ embryos are said to be alive, in the com­ cerned because they believe destruction of mon sense of the word. The Bill does not human life is equivalent to abortion. She contain any formal definition that an also states: embryo is a normal human life and that it Other abuses that can be carried out include clon­ allows experimental procedures involving ing-already being done to animal embryos-and research on embryos to be carried out. genetic engineering. Mr McMahon believes that is abhorrent A recent programme on television had a to many people in the community. My con­ segment dealing with the remarkable stituent is concerned that the Bill allows for achievements of Professor Carl Wood, and the disposal of embryos, as indicated in the next segment dealt with a baboon's heart clause 19 (2) (f). Furthermore, he believes, being transplanted into a child in America. along with many other people, it is import­ Dr Carl Wood also wrote to members of ant to realize that a number of alternative Parliament on 15 October stating: methods are available. One of those is that Infertility is a distressing disorder which affects about people should be encouraged to adopt chil­ one Australian couple in ten. In vitro fertilisation offers dren. The community ought to be more the last possible hope of achieving a pregnancy to conscious of those thousands of babies couples who have been through exhaustive tests and Infertility (Medical Procedures) Bill 2 November 1984 ASSEMBLY 1823

procedures. It is only when other treatments fail. that He also stated: couples are referred for IVF. Serious moral problems arise once the procedure (of He stated: in vitro fertilisation) is used for anything other than If the woman does not become pregnant with the solving problems of infertility in married couples. fresh embryos, she can return in a month or two for Other documents have been produced by transfer of the frozen-thawed em bryos. If a pregnancy the Anglican Social Questions Committee does result from the fresh embryos, the women can which has made a study of the Wailer report return some time after her baby is born, for transfer of and indicated its finding not only to th.e the frozen-thawed embryos. Minister of Health, but also to the OPPOSI­ Embryo freezing therefore, has two major benefits: tion shadow Minister. It stated: (i) it enables additional embryos to be stored In particular, we see no ground for property ri.ghts or (ii) it allows the woman to have a second attempt. obligations to exist as between a donor, the child and the social parents. He also stated: The Women's Action Alliance of Victoria Infertility, while not a life threatening disorder, does has produced a report on the disposal of cause a great deal of distress to those affected by it. Moral and ethical considerations ofIVF treatment can embryos and stresses that it believes the low only be addressed in an atmosphere of reasoned debate success rate and the high cost of in vitro and a sympathetic understanding of infertility. fertilization impose significant limitations on its value as a cure for infertility. It would I do not kn'ow whether the Minister of appear to establish machinery for resea~ch Health can inform the House exactly what which had no approval by the commumty. cost is imposed on the community because Its experience of consul~t~on ~th w~mt:n's of the in vitro fertilization scheme. I have groups in local commun~tIe.s IS that In vl!rO grave doubts whether the community fertilization should be lImIted to mamed should allow all doctors to carry out research couples where sperm and ova belong to unhindered by some restraints. I have been those people. advised by some of the best p~ysicia.ns and doctors in Melbourne that If ParlIament The stance that I have to take as a Chris­ does not intervene, doctors will carry out tian is that embryo research should not be their research and work just as they did in allowed. It is not right that a committee the Renaissance period when Leonardo da should advise the Minister because he may Vinci defied the church and dissected be just passing the buck. human bodies. All Parliamentarians must address them­ selves to the grave issues that have been Honourable members have referred to faced by Ministers of Healt~ and who have articles that have appeared in the press in all honesty carefully consIdered the grave involving the Women's Action Alliance of problems of infertility, which affects 10 per Victoria, the women's pro-life group and cent of couples in our community. the Right to Life Association, which has fol­ lowed the whole issue of life of the unborn I remind honourable members that child for many years. I shall refer briefly to although we are deba~ing the Bill, thC!u­ an article appearing in the Church Scene, sands of people in ThIrd World countnes which is an Anglican publication in Vic­ are dying because milli~ns C!f dolla~s are not toria. I am sure the Catholic Church has being spent on prod~clng IIfe-savlD~ drugs and providing the lIfe-savIng servIces ~f also directed the attention of its parish­ doctors and nurses. I have served In ioners and followers to this matter and has Papua-New Guinea and I a.m aware of the possibly asked for their prayers for mem­ obvious lack of money. WhIle I was there I bers of Parliament to do what is right and saw faces of Papua-New Guineans being not to have honourable members from eaten away with Yaws. This terrible ~isease either side involved in point scoring. In an could easily have been prevented wIth. one article dated 22 June 1984, the IVF Inter­ shot of penicillin. People question the nghts Church Study Group stated that its mem­ of scientists spending millions of dollars on bers could not agree. Bishop Oliver Hay­ research into the possibility of astronauts ward told the Bendigo synod on 15 June: landing on the moon when there is so much Christian couples should not agree to the use of poverty still existing in the United States of donated genetic material. America. 1824 ASSEMBLY 2 November 1984 Infertility (Medical Procedures) Bill

The ACTING SPEAKER (Mr Kirk­ contained in the Bill; I suppose all honour­ wood)-Order! Will the honourable mem­ able members do. ber please tell me how his remarks relate to I cannot accept the view that Parliament the Bill? can appoint a committee-no matter how Mr DICKINSON-Yes, Mr Acting talented its members may be, and the mem­ Speaker; earlier I asked the Minister of bership of this committee represents a good Health to address himself to the cost of the balance-from outside Parliament to in vitro fertilization programme. If I digress investigate in vitro fertilization even with to draw illustrations-for the attention of the opportunity of having an annual report honourable members-that is only the tip produced and regulations being made. Par­ of the ice-berg. I shall not waste the time of liament is doing little more than saying that honourable members with further in vitro fertilization was in the "too hard" illustrations. basket, so examination of it should be left Mr MACLELLAN (Berwick)-With the to someone else. success of the animal in vitro fertilization Honourable members should defer trying programme, it was inevitable that eventu­ to find a solution. For example, ifsomeone ally Parliament would have to deal with in wants to go so far as to use the word vitro fertilization legislation for humans. I "experimentation", what experimentation, do not believe the Bill represents all the and is it legitimate? Those who look to the views of any one member of Parliament; all work carried out on embryos to provide the honourable members are inevitably pushed answers to some of the terrible genetic dis­ to accept a compromise. Professor Waller eases and conditions that people inherit are needs to be commended, as do members of his committee, for the work performed by certainly opening yet another door. For me the committee. Honourable members that door is not one of hope but of should acknowledge that they raised public disappointment. consciousness on in vitro fertilization. I see no hope in the use of experimenta­ Parliament was correct in deferring con­ tion on embryos if it involves the destruc­ sideration of the Bill to allow mature con­ tion of embryos and destroys their chance sideration of the programme. Literally oflife. Honourable members must acknow­ thousands of abortions of healthy babies are ledge the limit. Some would say there is a carried out each year in Victoria which has fourteen-day limit, some would say the limit an adoption system for people who used to is no experimentation; others would argue adopt children rather than seeking or con­ that there should be no limit on experimen­ sidering in vitro fertilization. Fewer chil­ tation as they are only embryos; but all those dren are being put up for adoption in opinions indicate the differences between Victoria so childless couples can no longer the thoughts of individuals from all sides of readily seek to adopt a child in the State and the House. I find clause 19 (2) (/) does not are often forced to adopt children from adequately provide answers to those ques­ overseas, which would not have been com­ tions. The clause authorizes the destruction mon a decade ago. or disposal of some embryos. There are some unanswered questions related to that I believe life begins with the formation of the embryo. I cannot accept that in the first provision. fourteen days experimentation on the The Bill should be given the careful con­ embryo is legitimate or proper. One thing sideration it deserves. I shall be voting for the in vitro fertilization programme has done the second reading of the Bill because the is prove the logic of that. It is from those programme and legislation are needed for embryos that there have been successful in vitro fertilization. I wish the Bill were births. It needs little more than the embryo drafted differently. I am sure every honour­ being formed outside the womb by the tech­ able member wishes it were different. In a niques of in vitro fertilization to represent sense I wish that honourable members did life. It is not legitimate to experiment on or not have to deal with the problem. I believe use the embryo in ways which fail to respect that even though the hearts of honourable its integrity and right to life. I have difficul­ members go out to childless couples, soci­ ties coming to terms with the provisions ety and humanity will not necessarily be Infertility (Medical Procedures) Bill 2 November 1984 ASSEMBL Y 1825 better for the in vitro fertilization pro­ laparoscopy-will soon be used on a wide gramme because it opens doors that are scale. Hormone treatment can be given to a unacceptable. woman to enable her to produce a large Mr McGRATH (Lowan)-The proposed number of eggs that can befertilized. Sur­ legislation is, for many people, one of the gery is not necessary if the first implanta­ most important Bills to come before Parlia­ tion is a failure because two or three eggs ment in the past five or ten years. The Bill can be implanted at the one time in an effort raises many questions that are still to be to produce the ultimate goal of the pro­ answered. Although the Bill will implement gramme, and that is to create a child. That legislative procedures governing the in vitro advance in medical technology overcomes fertilization programme in future, many one of my concerns, and that is the estab­ aspects still need to be considered on medi­ lishment of frozen embryo banks. Similar cal, ethical, moral, social and legal grounds. concern was expressed in a minority report Those matters need to be considered over a of the WaIler committee. The Rev. Dr long period. Francis Harman, in his minority report, expresses the same concern and states: It is difficult for honourable members to If, therefore, the technological formation of embryos address all those matters in the short space is to be allowed, should it be in numbers in excess of of ti me the Bill has been open for debate. I those destined for the direct and immediate circum­ find some areas of the proposed legislation vention of infertility? The simple answer is "No"! difficult to come to terms with. On many occasions I have extended my sympathy to That paragraph sums up my thoughts on married couples who are not able to enjoy, the establishment of banks of frozen through natural procedures, the creation of embryos. The Women's Action Alliance, the progeny. pro-life group and the Right to Life group have all expressed similar concerns. The I share the joy of those women who, under north-west region of the Catholic Women's the in vitro fertilization programme, are able League has held a number of seminars to to bear children, and I have a great deal of debate the Bill and has forwarded to me its sympathy for those women who are unable views on the establishment offrozen embryo to bear children by natural means. banks, to which it is opposed, in the same In recent months the media has tended to way as it is opposed to couples living in de glamorize the in vitro fertilization pro­ facto relationships participating in the pro­ gr'lmme through those women who have gramme, and to experimentation on successfully conceived children. However, embryos. I am concerned that, although hundreds of More educational programmes on the thousands of dollars are being spent on the causes of infertility should be undertaken. IVF programme to produce children, The honourable member for Benalla hundreds of thousands of dollars are being referred to a number of causes of infertility. spent on abortions offoetuses that had every Many young people in society need to chance of developing into normal healthy understand early in their lives the reason human beings who would be of a tremen­ for infertility. It should be understood that dous advantage to society. On the one hand, it is not always nature that is the cause of society is cruel but, on the other hand, it is infertility; interference in human nature of compassionate and, at times, one wonders both males and females often causes it. where society is going. I am concerned at the ramifications of the A human life is created at that point when Bill and register my opposition to the estab­ an egg is fertilized by sperm and an embryo lishment of frozen embryo banks; experi­ created. For that reason I totally oppose mentation on embryos; couples living in de experimentation on embryos. Although I facto relationships participating in the IVF agree with the medical examination of programme and the donation of ova and/or embryos, I do not agree with experimenta­ sperm, which could ultimately lead to tion. That is one of the reservations I have genetic engineering of the human race. If about the Bill. society follows that path, future generations Considerable advances have been made will face severe problems. in medical technology, and the ultrasound Mr F. P. SHEEHAN (Ballarat South)­ method on ova collection-as against the The Bill is most important and unique. The 1826 ASSEMBLY 2 November 1984 Infertility (Medical Procedures) Bill

Victorian Parliament is probably the first the effects of infertility to the extent that Parliament in the world to address the issues they should. raised by the in vitro fertilization pro­ The Standing Committee referred to in gramme. The Government is to be congra­ the Bill is something about which I have tulated on having created greater awareness some misgivings. One honourable member and discussion in the community on the claimed that it is passing the buck. I do not programme and the problems of infertility. regard it in that way because in many On a personal level, dealing with the Bill instances within the law thousands of com­ is like walking into a dark room and not mittees have been set up to study statutes. knowing where all the furniture is placed. The committee will address a number of Although that expression may appear to tri­ issues. Although I said that it has some vialize the issue, it sums up the insecurity imperfections, it will examine the applica­ that one feels in addressing such an issue. tions for approval to the areas of experi­ Honourable members debating other Bills mentation, freezing and so on that will come can draw upon social and economic prece­ before it from the hospitals conducting the dents. However, in this instance, honour­ programme. That is an important aspect of able members do not have much to go on its work. Given the composition of the except the valuable reports that have been Standing Committee, I am sure it will be presented at international, national and . taken seriously. The committee also has the State levels. The Bill addresses the funda­ charter to study infertility within the com­ mental issue of life. munity and to consider other avenues of A number of points have been raised con­ addressing the problem. Those issues will cerning personhood, rights and obligations. provide the opportunities for discussions in Although they are important issues that the coming years to be more refined. ought to be addressed, I believe they are I acknowledge the imperfections of the derivations of the substance of the funda­ Bill. The Attorney-General has indicated mental point, namely, life itself. that the Bill will probably be amended in I do not wish to repeat ad nauseam the the future. Although we live in an imperfect various concerns held, but I believe the world, I suspect the point will never be issues of experimentation and freezing will reached when the issue will be addressed be the subject of further discussion and perfectly. The Bill at least recognizes the amendments in the future. These insecuri­ work of the Standing Committee and that ties are balanced by a compUlsion on the high regard must be given to the preserva­ part of Parliament to have something done tion and protection of human life. I repeat about a programme that has been in exis­ that that belief remains fundamental to my tence for about eleven to fifteen years. We particular viewpoint. are compelled to place laws on the statute­ Mrs SIBREE (Kew)-As I am appar­ book. For that reason, I will support the ently the only woman who will speak in the Bill, even with the misgivings I have. debate this afternoon, I feel I should con­ In this area of socio-medical activity, the tribute to the discussion. I welcome the fact legislature must take an interest in what is that the proposed legislation has gone so far happening. One of the reports I read indi­ towards controlling and regulating an cated that approximately 2800 to 2900 important and private matter but neverthe­ couples were on the waitIng list for the in less a matter of public importance in terms vitro fertilization programme. That figure of legislature because it involves the rights indicates that the issue will not go away and of those who are infertile, the rights of those therefore must be regarded as an important who are dealing with infertile couples and issue for the future. The proposed legisla­ the rights of potential children. Probably tion represents the beginning of law in this everyone in this House has different view­ field. That law will be further developed in points on aspects of the Bill. People have the future. Like other honourable members, different viewpoints of when life begins in I look forward to possibilities that may arise strict legal terms. People have different atti­ in the treatment ofinfertilit~. All of us know tudes towards infertility. Some people people who have had to suffer from infertil­ believe it should be accepted and others ity. Families who have had the good for­ believe couples should strive to have chil­ tune to have children, possibly do not realize dren who are wanted. Infertility (Medical Procedures) Bill 2 November 1984 ASSEMBLY 1827

As a person who has given birth to sev­ move. It will address some issues not dealt eral children, it is difficult to describe the with in the Bill. pleasure, responsibility and real sense of I will address issues such as how many purpose one has when one is about to give donations are allowed by individuals, based birth to one's own child. It is with consider­ on the number of children born as a result able feeling that I address myself to the con­ of the programme, to ensure that children cerns that give hope in a legislative are not born from donations of close rela­ framework to those who are infertile and tives. It will also consider the number of seek to have children. One should not think donations that will be allowed from one that in vitro fertilization is the only answer person. The committee will consider those to infertility. Adoption is one ofthe answers important issues. and remaining childless is another answer. During the Committee stage, I shall refer On meeting people for the first time, one to many specific areas. I do not agree with usually asks what they do and whether they the current provisions of the Bill limiting in are married. One may ask whether they have vitro fertilization programmes to married children and, if they say they do not, there persons only. I have a conscience commit­ is often an embarrassing moment in the ment and a personal commitment to my conversation because one does not know belief. I believe where every other medical whether they have chosen not to have chil­ procedure is open to all men and women dren, are infertile or have not yet made a suffering sterility or otherwise, this medical decision in that area. As people, we need to programme should be available also to be conscious of the real needs and concerns couples living in de facto relationships. of many infertile people and respect the views of people who, for various reasons, I do not see in all conscience that I should decide not to have children. prevent them from access to that final stage of possibly being able to have children, if The Bill deals with those who desire to that is their personal choice. I feel strongly have children of their own. The Bill is lead­ on that matter and, in the Committee stage ing the world in this area so that Victoria's of the Bill, I shall support the Govern­ in vitro fertilization legislation will be looked ment's proposed amendment that the pro­ at by other countries. The Bill covers three vision should not be restrictive in that sense. areas: Fertilization with no donors; fertiliz­ ation with donor male sperm; and fertiliza­ I shall not be a party to allowing rights tion with ova. Fertilization with donor male that have already been established to be sperm has been occurring for many years. taken away from any individual and, as a From talking to people in the in vitro fertil­ Liberal, I shall always stand for that prin­ ization programme, it appears that ova ciple wherever I can. Also in the Committee donation is a limited area. It is perhaps stage, I shall allude to other applicable legis­ rather sad that it is limited because many lation which I believe means these people women who become fertilized for various cannot be precluded from the programme reasons-I am one of those women-should in any event. My party is aware of my con­ be donating ova during the course of the science on this matter. fertilization operation to assist women who Few couples living in de facto relation­ cannot produce their own eggs. ships are affected. Couples applying for the I would like an information programme in vitro fertilization programme must go to be instituted as a result of the proposed through a careful canvassing procedure. I legislation so that people are aware of the have witnessed the canvassing procedures possibilities of helping other people in these at both the Epworth Hospital and the Royal areas. When I look back to the past, I think Women's Hospital. The Bill provides twelve that perhaps I could have done something month's counselling, in any event. to help women who were infertile because Society has many connotations and per­ they were unable to produce suitable eggs. mutations and I, for one, am not in a posi­ The Bill provides a good framework for the tion to sit in judgment on other people's programme and a good start in protecting behaviour. I do not wish to have more chil­ the rights of the medical profession and the dren of my own and I live in a de facto rights of the unborn embryo. The setting up relationship, but that is not my only interest of the advisory committee is a worth-while in this matter. I believe people have their 1828 ASSEMBLY 2 November 1984 Infertility (Medical Procedures) Bill own personal perspectives. As a Liberal, I to exercise compassion by allowing child­ shall not take rights away from people less couples the opportunity ofbein~ able to unnecessarily and unfairly. I believe the have children through in vitro fertIlization Government's proposed amendment on programmes, and it is not against those who that matter should stand. in all sincerity believe otherwise. Otherwise, I commend the general tenor In a letter dated 27 September 1984, Mrs of the Bill. It is heading in the right direc­ Margaret Tighe of Right to Life Victoria tion and it is a necessary and important states that the Bill deals with an issue that legislative measure. I commend people like represents "yet another assault on human the Honourable Haddon Storey who set up life". She makes the point that she expects the committee. I commend Professor Wailer political parties to allow their members a and the people who were with him on the conscience vote on this issue and states that: committee. I commend the people who have Now is the time to test whether or not the right to a carefully thought through the implications conscience vote has any real meaning. of the measure. Not everyone can be I do not believe I am entitled to interpret pleased. the mind of God. As a member of the Unit­ No one is being forced into the in vitro ing Church, I do not know whether it is fertilization programme. It is an option for wrong or right morally or ethically to sup- those who wish to take it, and that is up to . port in vitro fertilization, but as a member them. They must judge their own con­ of Parliament, in a pluralistic society, I am sciences, their own morality, and their own aware that opinion polls show that an over­ social responsibilities. Every individual has whelming majority of people are in favour his or her own responsibility, and I hope of the programme and that I should heed Parliament will continue to treat people that majority view. Public opinions polls accordingly. quoted by the Order of Christian Unity in a press release dated 27 September 1984 show Mr WILLIAMS (Doncaster)-Every that the in vitro fertilization programme is honourable member should respect the sin­ approved by 60 per cent; 30 per cent are cerity of the honourable member for Kew, opposed; 57 per cent are opposed to surro­ who has put the small "I" Liberal view on gate motherhood, which is outlawed under this matter in a perspective that other mem­ the Bill; 92 per cent believe all experiments bers of my party probably share. Liberal involving the fertilization of animal ova Party members are highly privileged by with human sperm or human ova with ani­ being able to express their views not only mal sperm to create a cross-bred embryo privately but also publicly. should be banned by law-the Bill bans that; I have carefully considered this issue. I and 75 per cent of the population believes have read literature and sincerely listened the creation of human embryos solely for to all representations put to me by those in scientific and medical research should not favour and those not in favour. I am not a be allowed, and that is dealt with in the Bill. Roman Catholic but I have read the docu­ I respect the viewpoint of some who ment sent to every member of Parliament believe no experimentation should occur on from the Vatican. As I read it, it is an embryos. There is a dilemma. I believe the injunction on every Roman Catholic mem­ clause in the Bill as amended in another ber of a political party in this House to be place by the insistence, particularly of the very wary of in vitro fertilization Liberal Party, has paved the way for exper­ implications. imentation, subject to the consent of an People today live in a pluralistic society expert committee that comprises a wide and are usually members of various organi­ spectrum of medical and other persons in zations whose tenets sometimes conflict one the community. way or another and sometimes people have The Liberal Party supports the in vitro to make an unenviable choice of whose fertilization programme only subject to wishes to follow: Either the church or the safeguards and restrictions to meet legiti­ organization. I am a member of the Uniting mate community concerns. The Liberal Church which grants its members the priv­ Party is adamant that experimentation pro­ ilege of having different points of view on cedures causing damage to an embryo which this subject. It is not against those who want makes it unfit for implantation or which Infertility (Medical Procedures) Bill 2 November 1984 ASSEMBLY 1829 reduce the prospects ofa pregnancy from its Parliament since I was elected in 1979 implantation should be prohibited except because it deals with life itself. to the extent that research procedures are The Bill is far better than the original Bill approved by that expert Standing that was introduced. As a result of Liberal Committee. Party amendments in the Legislative Coun­ I do not believe the committee to whom cil, we now find plainly spelt out in the Bill these powers are given will ignore the will the principles that fertilization of ova out­ of Parliament which is paramount, that it is side the womb will be permitted only for opposed to genetic engineering and the the purposes of implantation in accordance alteration of genetic material of an embryo with the Act. The freezing of embryos will and that it is quite adamant that human life be permitted only for the purposes of shall be preserved. At all times, the Stand­ implantation at some later date, and there ing Committee must have regard to the will be an absolute prohibition on cloning, principle that childless couples should be hypo-engineering and surrogacy. assisted in fulfilling their desire to have chil­ Where an embryo cannot be implanted dren. It should ensure that the highest regard in a woman, it may be available for dona­ is given to the principle that human life tion, subject to approval. Nevertheless, as should be preserved and protected at all the Deputy Leader of the Opposition times and it should have regard to the spirit pointed out, there are difficulties with the and intent of the legislative measure. This later matter in clause 19 (2) (f), which will stipulation meets the approval of people require further attention by Parliament at who sincerely wish to exercise compassion some future date. towards childless couples in an area where Despite the safeguards built into the Bill no one really knows. as a result of the Liberal Party initiatives in Some hundreds of years ago it was forbid­ the Legislative Council, I consider the right den to experiment on the human body at all given to the Standing Committee to allow and I think it was Leonardo de Vinci who experimentation on embryos in certain cases carried out experimentation at that time. to be immoral and wrong. I shall exercise a conscience vote and will not support the Mr Roper-Illegally at the time. passage of the Bill. Mr WILLIAMS-I undertand from lit­ I cannot bring myself to vote for any form erature I have read that it could well be that of proposed legislation that will allow in addition to test tube baby research offer­ experimentation on human beings or, as ing great benefits to the community and some people prefer to call embryos, helping couples establish families, genetic ~'embryonic humans". engineering is likely to provide a major step towards beating diseases such as cancer, and Mr ROPER (Minister of Health)-As so on, and may add value to the quality of honourable members have pointed out, the Bill is extremely important and presents a life. significant challenge to all honourable I hope the Standing Committee will have members as legislators in dealing with com­ deep respect for the conflicting views of plex, moral, legal and ethical issues as well members in this place. I shall support the as with some of the most advanced areas of proposed legislation. I do not feel entitled medical science in the world today. to exercise a conscience vote and I shall While some people may not be proud of vote with my party on the issue. Because it it, I am proud that Victoria has achieved is not in my power to interpret the mind of pioneering work in the important area of God, it is my job to do the best by my con­ combating infertility. The work performed stituents and not exercise a conscience vote by medical staff, scientists and others at the against the overwhelming vote of my Par­ Royal Women's Hospital and the Queen liamentary party. I stand with my col­ Victoria Medical Centre clearly shows the leagues and I shall vote for the measure. If I way in which much of the work that goes have any opposition at the polls on this on in our hospitals is of world class and, in issue, so be it. this case, a world leader. Mr TANNER (Caulfield)-This is the The problems faced by couples who wish most important Bill that has come before to have children and who, for reasons of 1830 ASSEMBLY 2 November 1984 Infertility (Medical Procedures) Bill infertility, cannot, were dealt with very ably I look forward to the operation of the by the honourable member for Kew. I sup­ proposed legislation, which is not only con­ pose all honourable members and their cerned with the way in which the pro­ partners have at some time wondered grammes operate at present, but also ensures whether to have children, especially when that in future there will be controls to deal they consider that they might have to wake with unscrupulous operators, provision for up late at night waiting for them to come controlled research and continuing com­ home when they are older. There is no doubt munity input. that one of the great joys for human beings As the Minister responsible for the pro­ is the opportunity of experiencing their own posed legislation, it is my intention to ensure children. However, this is an experience not that its aims are carried forward into the everyone can enjoy, and the in vitro fertil­ community. I shall not deal with all the ization programme is one way of assisting matters raised during the second-reading at least some of the couples, just as does the debate. The honourable member for Ben­ artificial insemination by donor programme. alia raised many questions, but it was obvious he had not read the Bill, because it There was not much debate about the lat­ deals with many of those matters. The ter programme during the second-reading honourable member may have been postur­ stage. For more than a decade that pro­ ing, but it would help if he read the Bill in gramme has enabled many couples to have more detail. children. The two programmes are just part An important question to address is: Who of a variety of programmes aimed at assist­ should benefit from the programme? There ing couples who wish to have children. are people who, for one reason or another, Other initiatives, such as micro-surgery and have decided that they will not marry, but a better understanding of the reasons for prefer to live in some kind of relationship­ infertility in the first place, are being often a better relationship-than married examined. couples. Under existing legal arrangements In some instances, couples are able to be such couples have been able to benefit from assisted without entering one of the pro­ the programme. The proportion of such grammes which are the subject of the Bill. couples is not large and they represent less There is no doubt in my mind that many than half a per cent of those involved in the Victorian couples are appreciative of the programme. work done with respect to the artificial These figures may be subject to slight insemination by donor programme, par­ alteration. Three women were receiving ticularly by the two hospitals I mentioned treatment and one woman is currently preg­ and also by Prince Henry's Hospital. nant. Up to a dozen women are on the wait­ ing list. Some six years ago I introduced a private member's Bill to provide status for the chil­ Some of the correspondence I have dren born as the result of artificial insemi­ received has suggested that people will rush nation by donor programme. At that stage into the IVF programme. I do not believe the in vitro fertilization programme was not people rush into having children. They cer­ being worked on in the way in which it is tainly do not do so under this programme. Firstly, they have to demonstrate to those now with such successful results. operating the programme that they are When I introduced the Bill, I pointed out infertile, and secondly, they have to go that there were no controls over the pro­ through a counselling process. cedures adopted and I urged the then Gov­ It may well be that infertility or apparent ernment to make sure that infertility infertility can be dealt with by another pro­ programmes were subject to appropriate cess apart from the IVF programme. People controls. The then Government was not able who go into this programme do so because to legislate in this area. I regard it as one of they have a sincere desire to have children. the triumphs that this programme, which is Generally speaking, they have tried almost at the forefront of medical science and the everything else and have sought advice from law, was worked on in the first year of office all kinds of practitioners and specialists in of the Cain Labor Government. the medical field. Infertility (Medical Procedures) Bill 2 November 1984 ASSEMBLY 1831

It was suggested to me in one letter that and will at least support the limited amend­ this programme would simply encourage ment proposed by the Government. immorality and would result in' the down­ The Bill involves landmark legislation. fall of the Australian society. I do not believe Recently when I was in London I discussed that is true. I believe that we, as members this Question with the secretaries of the of this place, should be ensuring that all Warnock committee, who were surprised to people in the community who wish to learn how far Victoria had proceeded in receive the benefit of this programme can dealing with these complex legal issues. do so. No one is forced to go into the Medically, Victoria is at the forefront of programme. world interest. It is also at the forefront of The fact is that, whether or not one world interest in dealing with these legal approves of the programme, many couples problems. in our society decide not to get married but It will not be possible to say what was still have an excellent interpersonal and said in 1948 to the British Medical Associ­ continuing relationship. It is unfortunate ation, Victorian Branch, by King's Coun­ that the Legislative Council took the action sel-that he did not expect legislators to it did in excluding unmarried persons from grapple Quickly with the problem of the the programme. artificial insemination by donor pro­ During the Committee stage the Govern­ gramme. We have been much speedier with ment will move an amendment to protect the IVF programme. Those who have con­ the position of those persons currently in tributed to the proposed le$islation can feel the programme. It is hoped that honourable justly proud, despite its one major members opposite and in another place will imperfection. consider the amendment sympathetically The motion was agreed to. and will assist with its passage. The amend­ ment may not go as far as some honourable The Bill was read a second time and members might like, but at least it will committed. ensure that those people currently involved Clauses 1 and 2 were agreed to. in the programme will not have their hopes Clause 3 of having a child dashed. Mr ROPER (Minister of Health)-I I would find it very hard, as the Minister move: responsible for the Bill, to have to com­ municate with those individuals and tell Clause 3, line 7, after "3." insert "(1)". them that I am sorry, but the possibility of This is a procedural provision that relates their having aO child is ended. That will be to amendment No. 2, the major amend­ the situation in some cases because those °ment. It would be appropriate for debate to persons will decide not to get married but occur on the first amendment in order for a to continue with their existing arrangements. decision to be made on that as a precondi­ Persons who are not married cannot tion for moving on to amendment No. 2. adopt a child either. A debate took place on The CHAIRMAN (Mr Wilton)-Order! that matter during this sessional period. It Yes. is almost as though some honourable mem­ Mr ROPER-During the second-reading bers want to turn away from what is occur­ debate a number of members of Parliament ring in the community. One can approve or put a variety of views on the question of not of what is going on in the community, whether people in a de facto relationship but that is a matter for individual judg­ should be permitted to take part in the pro­ ment. Under this measure we are saying gramme. The original proposed legislation that not only do we not approve but we will that came before the Upper House con­ not allow people to do things they want to tained a provision for de facto persons to do which would be of assistance, not only take part in the in vitro fertilization pro­ to them, but also to the children who would gramme and obtain the benefits of that pro­ be brought into the world and who would ~amme. It is a difficult question that be loved. involves different views from many sec­ I hope that during the Committee stage tions of the community. The Government some honourable members, both here and took the view at the time that there should in another place, will reconsider the matter be a capacity for such couples to take 1832 ASSEMBLY 2 November 1984 Infertility (Medical Procedures) Bill advantage of the programme. The WaIler many years. Under the Government's orig­ committee considered only the issue of in inal proposal, such couples would have been vitro fertilization in relation to married able to benefit from the in vitro fertilization couples. It did not make any recommenda­ programme. tion in relation to de facto couples. However, the Upper House decided, as it The Status of Children (Amendment) Dill did in relation to the adoption legislation, 1984, which dealt with the legal status of that de facto couples were not appropriate children born through in vitro fertilization people to bring up children. I only wish that and artificial insemination donor pro­ some of the people who made that judg­ gramme, deems that the children born from ment, because most members of Parlia­ these programmes are children of the social ment attempted to be rational in their views parents, including those in defacto relation­ during the debate, and some of the people ships. Similar measures will be passed in who wrote to members of Parliament, could other States. The proposed amendment is be aware of the relationship that exists inconsistent with the Equal Opportunity between many de facto couples and could Act, but will overrride that Act, as I am understand how a child born into that rela­ advised. That is the amendment that was tionship has as much chance of a successful made in the other place and is now the pro­ childhood and of growing into adulthood vision before this Parliament. The amend­ with de facto parents as has a child with ment will have major impact on a small parents who are married. It is regrettable number of de facto couples who are on one that some people just believe that is impos­ programme and a number of couples who sible and not on. We on this side of the are on the waiting list. The Demack com­ House do not believe it. mittee, of course, not necessarily always A number of de facto couples are on the known for its views in these matters, rec­ programme. One, we hope, is successfully ommended that although preference should having a child and up to a dozen are on the be given to married couples, defacto couples waiting list. The waiting lists for this pro­ should not be excluded. The South Austral­ gramme are long because of the desire of so ian working party noted the provision relat­ many, not only Victorians, but people else­ ing to the status of children and where, to benefit from this programme. recommended that legislation should reflect The amendment I am moving is to ensure the same approach by recommending that that these people can remain on the pro­ de facto couples should not be excluded from gramme and have the opportunity of hav­ the in vitro fertilization programme. The ing-children. They might not be successfully Warnock committee report in the United treated on the programme, but the Govern­ Kingdom said that it was not prepared to ment believes they should have the oppor­ recommend that access to treatment be tunity of attempting to overcome their based exclusively on the legal status of infertility by taking part in the programme. marriage. In the second-reading debate I said that This a matter on which different people people do not go on to this programme in the community have different views and lightly. It is generally gone on to after a lot is not the kind of matter on which one sim­ of time, effort and expertise has been ply rubbishes as ignorant and backward the addressed to the reason for their infertility. views of other people. Parliament has to Two people passing in the street would not take into account the fact of a change in say, "Let's get on to the IVF programme". society where couples in stable relation­ That is not the way it occurs. These are ships, for their own reason, have decided people who have a lengthy relationship and not to get married. Many of them currently who then discover that they cannot have have children and are not prevented from the children they wish to have despite all having children if they happen to be fertile. their efforts and, because other programmes Many people are able to seek advice from are inadequate, they go on to the in vitro experts in the obstetrics and gynaecology fertilization programme. The Upper House areas and, as a result of that advice, over­ of Parliament is saying to them, "Sorry, you come apparent infertility. Couples in this cannot have children". The honourable situation have been able to benefit from the member for Benambra says that they can­ artificial insemination donor programme for not have children. Those people at the Infertility (Medical Procedures) Bill 2 November 1984 ASSEMBLY 1833 moment are not able to have children ~ibe~al Party do not 1?elieve that people who because of ~heir infertility, and the pro­ lIve m de facto relatIOnships are unworthy gramme assIsts them in many cases to do people. It has respect for them in that they so. The Government believes they should have chosen that specific course. have access to it. Parliament after much . The second point the Opposition makes too-ing and fro-jng, adopted ~n advanced IS that the amendment is designed to permit equal opportunity Bill with the support of !hose pe

MrEmst Mr Roper Governments is coming to the fore. A more Mr Fogarty MrRowe appropriate book for the reading of the MrFordham MrSeitz MrGavin MrsSetches House when discussing this amendment MrGray MrSheehan might be The Island o} Dr Moreau which Mr Harrowfield (Ivanhoe) related to genetic engineering. Publicity has Mr Hassett Mr Shell been given recently to the implantation of Mrs Hill MrSimpson organs from other species, such as the heart MrHockley MrSpyker of an ape transplanted into a human being, Mr Ihlein MrStirling even though human hearts were available. MrJolly MrsToner The scientists obviously decided that Mr Kirkwood MrTrezise research was the area in which they were Mr McCutcheon DrVaughan interested, rather than other more appropri­ MrMcDonald MrWalsh Mr Micallef MrWilkes ate medical procedure. MrMiller In the United States of America, there are MrNewton Tellers: sperm banks for lesbians. In Britain, a les­ MrPope MrNorris bian feminist group has created a family Mr Remington MrsRay where the children are conceived by artifi­ NOES cial insemination from homosexual donors. MrBurgin Mr Maclellan Honourable members must address MrDelzoppo Mr Richardson themselves to assisting people with infertil­ Mr Dickinson Mr Ross-Edwards ity problems, but we must do it by getting MrHann Mr Templeton away from the area of genetic engineering. I Mr Jasper MrWhiting have enormous sympathy for childless MrJona MrWilliams couples. I know everyone was touched when MrKempton MrKennett Tellers: the first birth under the IVF programme MrLeigh MrMcNamara was splashed across the front pages of our Mr Lieberman MrTanner daily newspapers. There is nothing more heart-rending than the sight of a mother and Mr McNAMARA (Benalla)-I move: child, especially when a woman has had so Clause 3, page 3, line 5, omit "11, 12 or 13". many difficulties achieving fertility. This amendment is consequential on all The Government in trying to solve the other amendments that I have proposed and problems of infertility should be introduc­ it is my intention to test the feeling of the ing an education programme amongst House on it. It is proposed to delete com­ younger people to inform them of the dan­ pletely clauses 11, 12 and 13 of the Bill. gers of contraception and the effects it can have on future fertility. As I listed during The purpose of the amendment is to limit the second-reading debate, many of the procedures under an in vitro fertilization causes of infertility are contraceptive scheme to those where the donor gametes, measures of one kind or another that have ova and sperm, are supplied by the couple been taken at an earlier time. and then implanted into the womb of the I move that clauses 11, 12 and 13 be wife of that couple. omitted, thereby limiting IVF solely to the As I said in my second-reading speech, I genetic material of the parents. It is interest­ have reservations about going any further ing to note that not many people would be down the track with respect to IVF pro­ affected by such an amendment. On the base grammes because that then moves into the suggested by the Minister, 10 per cent of area of genetic engineering. I also have an couples are infertile. As only 10 per cent of opposition to the artificial insemination those infertile couples engaging in IVF pro­ programme where it involves outside grammes are successful, that brings it down donors and my argument on that is consist­ to 1 per cent of the total population. Dr Carl ent with what I have said in this case. Wood and other doctors have informed me that less than 20 per cent of couples require The developments in recent years have outside genetic material, either sperm, ova opened up a new world to a lot of people. I or both. That means we are looking at a fifth know it is 1984 and George Orwell's book of 1 per cent, 0·2 per cent. Probably half of relating to big brother and controlling of those couples are not prepared to accept Infertility (Medical Procedures) Bill 2 November 1984 ASSEMBLY 1839 outside genetic material. As I see it, we are the honourable member for Benalla. Owing prepared to go down a very frightening road to the late sitting of Parliament and the dif­ for the sake of 0·2 per cent of the total mar­ ficulty in getting to country areas by public ried population. I can accept the IVF pro­ transport-including Mildura-the hon­ gramme for those couples using their own ourable member for Lowan has had to leave. genetic material but, outside that, I cer­ On his behalf I indicate that his interests tainly oppose it. would have been along the lines of those Mr ROPER (Minister of Health)­ mentioned by the honourable member for Briefly, the Government does not accept the Benalla. amendment moved by the honourable The Committee proceeded to divide on member for Benalla. This matter has been the question that the expressions proposed seriously considered by Professor Wailer by Mr McNamara to be omitted stand part and by the Government and we believe the of the clause (Mr Wilton in the chair). situation whereby donor gametes can be The CHAIRMAN (Mr Wilton)-Order! used should continue. As there are insufficient members on the left This matter was raised during the second­ of the Chair to appoint tellers, I declare that reading debate and was canvassed then, so the motion be carried by the Committee. I shall not canvass it at any length now. The However, if the honourable member for Government does not take the view that Benalla wishes, he may have his name only a person's own genetic material can be recorded as dissenting from the vote. used. Donor arrangements in the artificial insemination area have been used for many Mr McNAMARA (Benalla)-Mr Chair­ years. It is now being brought under control man, under Standing Order No. 180, I where previously there was no control. The request that I have my vote recorded. same type of controls also apply in the IVF Mr ROPER (Minister of Health)-I area, which is currently unregulated. move: Mr LIEBERMAN (Benambra)-The Clause 3, page 3, after line 7, insert: Opposition is unable to support this ·'(2) In this Act- amendment. The principle of donor gametes (a) a reference to a married woman includes a ref­ was examined very closely by the Law erence to a woman- Reform Commission and Professor WaIl­ (i) who, at the commencement of this section, is er's committee. In the interim report which living with a man as his wife on a bona fide domestic was entitled "Report on Donor Gametes in basis although not married to him; and IVF', the committee made recommenda­ (ii) who, before the commencement of this section, tions for the formation of embryos from the had undergone examination or treatment with a view donation of parents' gametes. That prin­ to the carrying out by a medical practitioner of a pro­ ciple has been accepted by the Opposition. cedure that, if carried out after that commencement, The Minister of Health touched briefly on would be a relevant procedure; and the effect that the amendment by the (b) a reference to the husband ofa woman includes, honourable member for Benalla could have in relation to a woman to whom paragraph (a) applies, on the principle that supports artificial a reference to the man with whom the woman is, at the insemination by donor, which has been an commencement of this section, living as his wife on a accepted part of our society for many years. bona fide domestic basis but does not include a refer­ Many children in Australia-I know some ence to the man (ifany) to whom the woman is, at that of them-were brought into this world time, actually married.". because of AID. I am sure the honourable Even though this is a substantive amend­ member for Benalla would not want those ment, the debate on this issue occurred on children to be regarded as lesser mortals my first amendment, so I believe sufficient because of that. I know he does not mean information has been provided to the Com­ that by this motion but it is one of the mittee to justify the position that the Gov­ implications of the amendment he puts ernment has taken. forward. Mr LIEBERMAN (Benambra)-As Mr WHITING (Mildura)-In the honourable members have problems in second-reading debate on this issue, the wanting to get to their homes tonight, I do honourable member for Lowan explained not intend to repeat my comments. I just his point of view, which is similar to that of confirm my attitude and indicate that I shall 1840 ASSEMBLY 2 November 1984 Infertility (Medical Procedures) Bill not call for a division which I would nor­ A letter dated 18 September from Or mally do. Katrina Hudson states: The amendment was agreed to, and the Please find enclosed papers on successful human cloning experiments, interspecies fertilization (human clause, as ame.nded, was adopted, as were with rat) funded by the Australian National Health and clauses 4 and 5. Medical Research Council, and growth of human Clause 6 embryos for up to a week to provide "information about the quality of embryo growth outside of the Mr ROPER (Minister of Health)-I body". The latter experiments cannot compare in vitro move: with in vivo embryos due to the impossibility of obtaining the latter. They cannot increase the preg­ Clause 6. after line 23 insert: nancy success rate as the greatest rates are produced "Penalty: 100 penalty units or imprisonment for four when 4 to 8 cell embryos are transferred. They have years.". never achieved a pregnancy from a 16 or more cell Clause 6, line 28. omit all words and expressions on embryo. this line. The frightening possibilities of that situa­ There has been an incorrect transposition tion can be seen by all honourable mem­ bers. It would be simple for anyone of those of the penalty provision which should processes that did not have the approval of appear after line 23 but actually appears in the committee to be carried out on embryos, line 28 of clause 6. Therefore, I have moved and perhaps even if they did have the amendments Nos 3 and 4 to correct that approval of the Standing Review and Ad­ situation. visory Committee. The interspecies fertil­ The CHAIRMAN (Mr Wilton)-I shall ization, human with rat, was funded by the accept the Minister's moving amendments Australian National Health and Medical Nos 3 and 4 in his name, but the question Research Council. They are the kinds of will be tested on amendment No. 3. people who will be members of the advisory committee. It is not unnatural for persons The amendments were agreed to. of a research bent to have a desire to place The sitting was suspended at 6.27 p.m. their names in the history books through until 8.5 p.m. experimentation that they have carried out. These people will want to carry out these Mr WHITING (Mildura)-Before the kinds of experiments, no matter what it suspension of the sitting, the Committee was means. Because of that, the National Party dealing with clause 6 which covers the regu­ is opposed to this experimentation. The first lations of the various procedures that may step in achieving this is to remove the words be carried out under the in vitro fertilization that act as a proviso to the clear statement programme. I move: that a person shall not carry out an experi­ Clause 6. lines 29. 30 and 31, omit "other than an mental procedure without incurring the experimental procedure approved by the Standing penalties that are included under the pro­ Review and Advisory Committee". posed sub-clause, namely, 100 penalty units or imprisonment for four years. I shall com­ Proposed clause 6 (3) will now read: ment further on subsequent amendments A person shall not carry out an experimental that I shall move at a later stage. procedure. Mr ROPER (Minister of Health)-The Then follows a saving sub-section which Government has looked at that amendment does make some exceptions. This is similar and cannot agree to it. The clause proposes to sub-section (I) of clause 6 which states: to prevent experimentation and to exclude the role of the Standing Committee. The A person shall not carry out a prohibited procedure. recommendations as proposed in the Waller The reasons for the National Party oppos­ committee report were that experimenta­ ing persons carrying out experimental pro­ tion be permitted and be scrutinized by the cedures has already been highlighted in the Standing Committee. The Bill is stronger second-reading debate, and I propose to than the report because the committee must refer to only two items that indicate the approve any experimental procedure and problems that can occur under the provi­ report to both myself and Parliament. sions unless the experimental procedure Unfortunately, the suggestion in the process is restricted severely. amendment is that progress should be Infertility (Medical Procedures) Bill 2 November 1984 ASSEMBLY 1841 ceased in a number of areas of the in vitro Standing Review and Advisory Committee fertilization programme, which is totally or a similar committee. An amendment unacceptable to the Government. If this moved in another place by the Opposition position had been before Parliament a dec­ established the Standing Review and ade ago, there would be no in vitro fertiliza­ Advisory Committee for that purpose. tion programme-especially if the ~ational Party's amendment were agreed to. No rea­ To remove any confusion about the role sonable person would suggest that that played and policy taken by the Opposition, should be the case. The Government does I place on record the following comments: not support the amendment and is also con­ The honourable member for Mildura men­ cerned that, to a large extent, it will destroy tioned a letter he had received from Katrina the reasonable medical advances in this Hudson, who referred to the activities of area. Honourable members must carefully cloning of human embryos. The Opposition scrutinize the way in which these advances feels strongly-as does the National Party, occur and ensure that unsavoury practices the community and the Labor Party-about in which some researchers would like to cloning. One of the Opposition's amend­ become involved, do not occur. That does ments in another place was adopted and is not mean that experimentation should not now contained in the Bill; it prohibits continue. cloning. Unfortunately, the National Party has Clause 6 defines "prohibited procedure" fallen into that mistake. I am sure if it were as: to closely reconsider the amendment, it (a) cloning; or would not support it. The amendment has (b) a procedure under which the gametes of a man or been moved and the Government does not a woman are fertilized by the gametes of an animal. accept it. The definition in sub-clause (2) (b) sounds Mr LIEBERMAN (Benambra)-The similar to the activities described by Katrina Opposition is unable to support the amend­ Hudson in the letter which the honourable ment. It does not want experimentation in member for Mildura read to the Commit­ the in vitro fertilization programme or any­ tee. Those activities would be prohibited where else to take place if it is not based on according to the provisions contained in the sound principles of morality and ethics. For Bill. Provisions contained in the Bill pro­ that reason, the Opposition in another place hibit a researcher from carrying out any introduced amendments which provide procedure without the careful scrutiny of responsible safeguards for meeting the con­ the Standing Review and Advisory cern obviously expressed in the community Committee. about experimentation and research on embryos. Clause 29 deals with the functions of the committee and in the provisions applying I mentioned that the dictionary meanings of "research" and "experimentation" were to approval for research and experimenta­ much the same. When one discusses the in tions in sub-clause (7) it states that the vitro fertilization programme with people in committee: the community, many say they find that (a) shall have regard to the principle that childless research into fertility is not objectionable, couples should be assisted in fulfilling their desire to but if one mentions experimentation, they have children; react. I believe the word "experimentation" (b) shall ensure that the highest regard is given to the is associated, in some people's minds, with principle that human life shall be preserved and pro­ the Hitler regime and these sad and unsa­ tected at all times; and voury instances of the past. (c) shall have regard to the spirit and intent of the The National Party's proposal is to several provisions of this Act. remove the oversight of the Standing This means the committee must have regard Review and Advisory Committee, which is to those principles when considering appli­ unfortunate, because the Law Reform cations for experimental procedures. In Commission and Professor Waller's report clause 6 (4) the definition of "experimental on experimentation recommend that procedure" is: research and experimentation should be ... a procedure that involves carrying out research on subject to the approval or overview of the an embryo of a kind that would cause damage to the

Session 1984-67 1842 ASSEMBLY 2 November 1984 Infertility (Medical Procedures) Bill embryo, would make the embryo unfit for implanta­ wants the ability to have microscopic exam­ tion or would reduce the prospects of a pregnancy ination. That is what I understand its resulting from the implantation of the embryo. amendment suggests .. When one analyses the The Opposition has ensured that those safe­ motives behind the amendments of the guards have been included in the Bill. They National Party, it is not suggesting that the are worth while. The Opposition also made door should be slammed; it is not suggest­ an amendment in another place which pro­ ing that research should not be allowed but vided that all regulations made by the Min­ it says, ~~Put a toe in the water." The Oppo­ ister may be subject to disallowance by sition is trying to put a toe in the water, too. Parliament. The annual report must also contain details of experimental procedures, I hope the Deputy Leader of the National which must be approved by the committee, Party will accept all the principles I have to enable Parliament and the community to explained in the Bill and give them a chance understand what is happening. In addition, to operate; then he will be aware of the safe­ the recommendation of the WaIler commit­ guards. If the Committee does not do itsjob tee, which dealt extensively with experi­ diligently, then I concede that abuse could mentation and research-recommended occur. I believe Parliament has a responsi­ that research be permitted, as did many bility to give the Government the oppor­ other committees in America, England and tunity to have a Standing Committee which Queensland. must report to Parliament and be answer­ I draw the attention of honourable mem­ able to Parliament. bers to a recommendation in the Law I cannot imagine that two members, rep­ Reform Commissioner's report on experi­ resenting the churches of Victoria, would mentation. On page 44, paragraph 3.24, allow themselves to be used to give sanction there is a reference to the report of the Rev. to research and experimentation pro­ Dr Harman and Mrs Hay, which states: grammes which were against the spirit of The Committee appreciates the deep concern of a the proposed legislation. I believe they will section of the Victorian community which considers do their job well and that there will be an that, from the moment of fertilization, an embryo is a annual report that will reflect both the human being to be accorded a substantial measure of majority and minority views on these mat­ respect and rights. Under such circumstances any ters. That is all that can be done other than research on embryos which prevents implantation, or to create a prohibition area and slam the reduces the success rate of such implantation, is unacceptable, as is the creation of embryos specifically door, which even the National Party has no for research where there is no intention that the embryo wish to do. created should be transferred to a recipient uterus. Mr HANN (Rodney)-I rise to support The Opposition took up those comments my colleague, the honourable member for and through amendments passed in another Mildura, on his amendments. The National place, included those provisions in clause 6. Party supports the IVF programme but it The Standing Review and Advisory Com­ does have grave concerns in regard to some mittee must have regard to those pnnciples of the procedures that have been carried out when considering applications for approval in the past. Some experimentations have or research programmes. I again emphasize already been carried out. One alarming fac­ that the attitude adopted by the Opposition tor I learned in my discussions with a senior is that the Bill will inevitably be reviewed person with a programme was that he did annually, based on experience and report­ not believe there should be any limitation ing of that committee. If in time evidence on the rights of doctors and scientists to shows that the principles contained in the carry out whatever experiments they wished. Bill are not operating in the best interests of The same person went on to admit that he the community and do not reflect commun­ subsequently found from public response ity attitudes, contemporary Parliaments will on that issue that there was a public view in be able to move amendments. addition to the scientists' view and that the This is a far better alternative than that scientists could not continue to carry out of complete prohibition, which is regarded those experimental practices with a total by most thinking people in the community disregard for the wishes of society. I am as being inappropriate. The National Party surprised that that person had that attitude obviously does not want prohibition; it to start with. Infertility (Medical Procedures) Bill 2 November 1984 ASSEMBLY 1843 This is the reason why Parliament must those that are considered to be in excess. take action to ensure that it does not allow The National Party holds the view, and this scientists to carry out these procedures on will be indicated in an amendment later, human life because we are talking about that embryos should not be created in excess human life. There is no dispute in this Par- of the number required for anyone implan­ liament that once there is conception, there' tation. An appreciable number of the WaIler is human life. We are discussing experimen- committee members are concerned about tations on a human being, albeit a very small experimentation on embryo excess, that one. may not be used at a future time, and that Another alarming suggestion is that in group is totally opposed t~ the fo~ation of time it may have to be determined which embryos purely for expenmentatlOn. embryos should be kept and which should We are at a threshold period when exper­ be discarded, such as those with long-term imentation could go wild in Australia, or in genetic diseases, perhaps Hodgkin's disease. any other country; embryos are being pro­ In that situation one is playing God and the duced to a stage where successful im:>lanta­ National Party is alarmed that doctors and tions have taken place. Surely, that is the scientists would be seekin~ to have the object of the exercise. If a stage is reached power to determine that decIsion. where it is said that that has been done, It is for that reason that the proposed "'Y'e must go one better. Let us experiment legislation is being strengthened by ensur- WIth e~bryos to find o~t whether we can do ing there will be no experimental pro- so~ethlng else", th~t WIll be a problem. The cedures in relation to embryos, which are ~~tlon~l Part~ consld;ers that may occur an~ human beinss. That should not be forgot- It IS takmg actIon a~lnst that by way of thIs ten, as it is VItally important to the debate. amendment to the BIll. Mr WHITING (Mildura)-The honour- Having achieved the object of the exer- able member for Benambra has some diffi- cise in the first place, the experimentation culty in believing that the National Party is teams should be satisfied that they are now almost closing the door to experimentation, able to take ova and sperm from two differ­ whereas his party will open it a little wider ent persons, implant an embryo into another but will still not allow unbridled experi- person and then successfully produce a mentation on embryos. He quoted part of child; every aspect of infertility is then cov­ the WaIler committee report and it is ered. Having done that, the National Party interesting to note that, as in all reports, says that the only experiment on an embryo there are points for and against the Issues that should take place is that which allows before the committee. Likewise, in Parlia- scientists to view the embryo with a power­ ment, honourable members, too,· can put ful microscope to make certain that it is forward varying comments. On page 46, developing in a normal manner and that it paragraph 3.26, the report states: can be successfully implanted. There is no reason why Parliament should extend the The Chairman, Or Henley, Ms Learner, Dr McDonald and Ms Opas have decided that embryo provisions of experimentation at this stage research shall be limited to the excess embryos pro­ for any other purpose. duced by patients in an IVF programme. Where the Although there could be a need in the number of embryos produced exceeds the number future, at this stage the success of the pro­ acceptable for transfer, the couple who produced the gramme is such that there is no need for embryo shall make a decision about their use, in terms further experimentation on embryos. of the options listed in paragraph 2.11, above. It is possible that some couples will agree to make some Mr McNAMARA (Benalla)-I support available for research purposes, or that some of the the comments made by the honourable originally frozen embryos may be made available or members for Rodney and Mildura. I become available for research purposes for the reason explained my reasons adequately during the listed in paragraphs 2.11 and 2.17 above. second-reading debate. The National Party Paragraph 3.27 states in part: is totally opposed to experimentation of any These members consider that formation of embryos sort on embryos. solely for research experimentation is not acceptable The Committee divided on the question in Victoria today. that the words proposed by Mr Whiting to Five members of that committee are wor­ be omitted stand part of the clause (Mr Wil­ ried about research on embryos other than ton in the chair). 1844 ASSEMBLY 2 November 1984 Infertility (Medical Procedures) Bill Ayes 41 embryo is suitable for implantation. I have Noes 4 already outlined the attitude of the National Party on this matter and, therefore, I will Majority against the content myself with the remarks that I have amendment 37 made. AYES The Committee divided on the question Mr Burgin MrNewton that the words proposed by Mr Whiting to Miss Callister MrNorris be omitted stand part of the clause (Mr Wil­ DrCoghill MrPope ton in the chair). Mr Ernst Mrs Ray Ayes 39 Mr Fogarty Mr Remington No~ 4 Mr Fordham Mr Roper MrGavin MrRowe Majority against the MrGray MrSeitz Mr Harrowfield MrSheehan amendment 35 Mr Hassett (lvanhoe) AYES Mrs Hill Mr Shell Mr Burgin Mr Miller Mr Hockley MrsSibree Miss Callister MrNewton Mr Ihlein MrSimpson DrCoghill Mr Norris Mr Jolly MrStirling Mr Ernst Mr Pope Mr Jona Mrs Toner Mr Fogarty Mr Remington MrKirkwood DrVaughan MrFordham MrRoper Mr Leigh MrWilkes MrGavin MrRowe Mr Lieberman MrWilliams MrGray MrSeitz Mr McCutcheon Mr Harrowfield MrSheehan MrMcDonald Tellers: Mr Hassett (Ivanhoe) Mr Micallef Mr Hill Mrs Hill Mr Shell Mr Miller Mr Kempton Mr Hockley MrSimpson NOES Mr Ihlein Mrs Toner Mr Jolly DrVaughan Mr Hann Tellers: Mr Jona MrWalsh MrWhiting MrJasper Mr Kirkwood MrWilkes MrMcNamara MrLeigh Mr Williams Mr ROPER (Minister of Health)-I Mr Lieberman move: Mr McCutcheon Tellers: MrMcDonald MrHill Clause 6, after line 31 insert: Mr Micallef Mr Kempton "Penalty: I 00 penalty units or imprisonment for four years." NOES The amendment was agreed to. MrHann Tellers: MrWhiting Mr Jasper Mr WHITING (Mildura)-I move: MrMcNamara Clause 6, lines 33-36, omit "an embryo of a kind Mr WHITING (Mildura)-I move: that would cause damage to the embryo, would make the embryo unfit for implantation or would reduce the Clause 6, lines 38-39 and page 4, lines 1-3, omit •• , a prospects of a pregnancy resulting from the implant­ person shall not cause or permit those ova to be fertil­ ation of the embryo" and insert "embryos but does not ized outside the body of the woman except for the include a procedure carried out solely for the purpose purposes of the implantation of embryos derived from of examination of an embryo in connexion with a rele­ those ova in the womb of that woman or another vant procedure, being an examination that is in the woman in a relevant procedure in accordance with this interests of the woman in relation to whom the rele­ Act" and insert ··for the purposes of a relevant pro­ vant procedure is to be carried out, her husband or a cedure, a person shall not cause or permit a number of those ova to be fertilized outside the body of that child born as a result of the carrying out of the woman that is greater than the number of ova that are procedure". to be implanted in the womb of that woman or another The amendment seeks to impose limita­ woman in that relevant procedure." tions on the research that can be conducted The amendment is to prevent the creation on an embryo. of surplus embryos. As I mentioned earlier It is obvious that the proposal is intended during the debate, ultrasonic methods will to allow for the type of examination that is soon be available for obtaining ova from considered necessary to ensure that the women who wish to take part in the in vitro Infertility (Medical Procedures) Bill 2 November 1984 ASSEMBLY 1845 fertilization programme. Such methods will require, as a matter of law, that when ova require a far less drastic surgical operation are removed from the body of a woman than has been the case in the past. It is fea­ they are not to be fertilized outside the body, sible that three or four ova may be taken except for one furpose only, which is the from a woman, fertilized and then imme­ implantation 0 embryos that are derived diately implanted in the recipient so that no from those ova from the womb of that surplus embryos ate required to be frozen. woman or another woman. This applies to a number of people who The law will provide that embryos must believe the end result offreezing large num­ not be created outside of the woman in the bers of embryos is a dangerous precedent. laboratory unless they are to be implanted The position is that large banks of embryos in a woman. That effectively prohibits and have been built up. It is not certain how controls what could otherwise have been those embryos will be di~posed of, which is the case, with the possibility of embryos an unfortunate situation. That position being created for the purposes of establish­ arose simply because there was no restric­ ing a bank that may be used for experimen­ tion on the number of embryos that were tation. HO;lOurable members realize that the created in the early stages of the programme. existence of surplus embryos that are not required to be implanted in a woman by law Mr ROPER (Minister of Health)-The increases the danger of abuse. That is why amendment is designed to prevent the cre­ the amendment made to the Bill in the other ation of excess embryos. Unfortunately, the place provides effectively for that situation. honourable member for Mildura does not I suggest to the honourable member for understand the arrangements. It is medi­ Mildura that next year or the year after when cally difficult to control the number of ova new technology is available and proven and collected and to take into account the fact honourable members have the benefit of that embryos should be scrutinized before reports from the Standing Committee and implantation. Further, the current provi­ community debate, it may be possible to sion and a further amendment the Commit­ move amendments to the proposed le$isla­ tee will consider will prevent the need for a tion to provide further specific constramts. woman to have an operation every cycle. Em bryos can be frozen so that if the The Opposition undertakes to the implantation in the first cycle is unsuccess­ National Party that it will readily and will­ ful an embryo can be thawed and reim­ ingly embrace any debate on that sort of planted. Embryo banks cannot be created. issue next year or the year after when it has Embryos can be created only for implanta­ the benefit of further advice. In the mean­ tion. All research will be controlled by the time, the Opposition is satisfied that the Bill, committee and the Minister of Health will as amended in the other place, provides have further control over the way hospitals adequate protection and prevents abuse that operate in this area. The amendment moved may have arisen without this provision. by the honourable member for Mildura Mr HANN (Rodney)-The National seeks to overcome the current practice that Party is firm in its intention to proceed with assists women in the in vitro fertilization the amendment because it is concerned that procedure. embryo banks have been built up in this Mr LIEBERMAN (Benambra)-The State and that the proposed legislation will honourable member for Mildura has moved allow banks of embryos to be established in an interesting amendment. I know that he the future. has done so after careful thought. He men­ Mr Roper-For implantation. tioned that he anticipated new technology Mr HANN-They are for that purpose, ~ould sh~rtly be available to assist people but in the Rios situation the embryos were Involved In the procedure by controlling the stored for a significant period. The persons number of embryos that may be needed. As concerned were, unfortunately, killed and he said, new technology is expected, but that the dilemma has been in deciding what to technology is not yet available. That is the do with the embryos. The honourable reason why the Opposition in another place member for Benambra is saying that it is moved the amendment that is nowembod­ appropriate to produce as many embryos as ied in clause 6 (5) on pages 3 and 4 of the one wishes from the ova produced by the Bill. The effect of that amendment was to woman and to be stored for that woman for 1846 ASSEMBLY 2 November 1984 Infertility (Medical Procedures) Bill the future. Four embryos is the maximum embryos, 28·78787 per cent and 7·19696 per number that can presently be stored in a cent respectively; and five embryos, 12·5 procedure. However, another four can be per cent and 2·5 per cent respectively. The stored for the next relevant procedure and article states: a further four for the following procedure, It is quite clear that, while it may be in the interests so that a bank of embryos could be built up. of the mother or of the overall program to implant Is the Minister of Health denying that that three or four embryos and so increase the chances of is true? Is he denying that embryo· banks pregnancy, this is done at the cost of reducing the exist in Melbourne today? The National chances of each embryo surviving. Party is saying that only ova applicable to No more than two embryos ought to be produced one relevant procedure should be fertilized and returned to the uterus of the mother, thus giving so that significant numbers of embryos them at least a 10 per cent chance of survival. could not be created in the future. That is the basis of the National Party's For that reason the National Party point of view on the issue. If only three strongly intends to proceed with the embryos are nominated to be implanted, amendment. One of the disappointing only three ovum would be taken from the aspects of the debate tonight is that the woman and fertilized at that stage, and the principle ofa conscience vote seems to have necessity for freezing extra embryos would flown out the window. Honourable mem­ be removed. In discussions, Professor Carl bers from both the Opposition and the Wood was adamant that if this were law, Government who indicated that they were his team of researchers could operate under prepared to support the National Party's those conditions. amendments have been leaving the Com­ mittee rather than showing the courage of The Committee divided on the Question their convictions on the floor of the that the words proposed by Mr Whiting to Chamber. be omitted stand part of the clause (Mr Wil­ ton in the chair). Mr WHITING (Mildura)-On the issue of multiple production of embryos, I shall Ayes 37 Quote some of the findings of the Victorian Noes 4 Committee to Consider the Social, Ethical Majority against the and Legal Issues Arising from in vitro Fer­ amendment 33 tilisation. They appeared in a copy of Pro­ Life News of I May 1984. The article states: AYES Figures contained in the committee's April, 1983 Mr Burgin Mr Miller issues paper show that the average pregnancy rate and Miss Callister MrNewton average minimum embryo survival rate for 1982 at the DrCoghill MrNorris Royal Women's Hospital and Queen Victoria Medical MrErnst Mr Remington Centre were as follows: Mr Fogarty MrRoper The article lists the number of embryos MrFordham MrRowe transferred and contains two columns. One MrGavin Mr Saltmarsh Mr Hassett MrSeitz column displays the average pregnancy rate Mrs Hill Mrs Setches and the second column displays the average MrHiII MrShell minimum embryo survival rate. Both col­ MrHockley MrSimpson umns are in percentage terms. It indicates MrIhlein MrStirling that for embryo transfer, the average preg­ Mr Jolly Mr Templeton nancy rate was 10·21505 per cent, and the MrJona Mrs Toner average minimum survival rate was the MrK-empton DrVaughan same figure. Mr Kirkwood When embryos are transferred, the aver­ MrLeigh Tellers: age pregnancy rates and the average mini­ Mr Lieberman MrSheehan mum embryo survival rates are: One Mr McCutcheon (Ivanhoe) embryo transferred, 10·21505 per cent and MrMcDonald MrWilliams 10· 21505 per cent respectively; two embryos NOES 20·625 per cent and 10·3125 per cent Tellers: respectively; three embryos, 23·82758 per MrHann MrMcNamara cent and 8·27586 per cent respectively; four MrJasper MrWhiting Infertility (Medical Procedures) Bill 2 November 1984 ASSEMBLY 1847 Mr WHITING (Mildura)-I move: NOES Mr Hann Tellers: Clause 6. page 4. line 11. omit ··date" and insert MrWhiting Mr Jasper ··time where. for medical reasons. the woman cannot MrMcNamara receive the implantation IJ'nmediately". Mr McNAMARA (Benalla)-I do not This has the result of limiting the freezing wish to proceed with that amendment of embryos only to those embryos that could standing in my name. not be implanted into the woman immedi­ Mr TANNER (Caulfield)-Clause 6 ately, as previously discussed. needs to be read in conjunction with clause 29 (7) (b) which states: This is purely a measure to try to prevent the unnecessary freezing of embryos because (7) In the exercise of its functions, the Committee- the research teams have indicated that the success rate on frozen embryos is low. (b) shall ensure that the highest regard is given to the Therefore, there will be a greater loss of principle that human life shall be preserved and pro­ embryos than need be the case if the tected at all times; and amendment is agreed to. I hope honourable Clause 29 (6) (b) states that the functions of members will agree that this is desirable. the committee are: To consider requests for approval of and, if it sees Both the Warnock and WaIler commit­ fit, to approve, experimental procedures for the pur­ tees indicated that there was a problem with poses of section 6 (3); and freezing and re-using embryos. If the amendment is agreed to, the in vitro fertil­ As honourable members would be aware, ization procedure will move forward better clause 6 (3) states: than it has in the past. A person shall not carry out an experimental pro­ cedure other than an experimental procedure approved The Committee divided on the Question by the Standing Review and Advisory Committee. that the words proposed by Mr Whiting to Clause 6 (4) states: be omitted stand part of the clause (Mr Wil­ In sub-section (3), "experimental procedure" means ton in the chair). a procedure that involves carrying out research on an embryo of a kind that would cause damage to the Ayes 39 embryo, would make the embryo unfit for implanta­ Noes 4 tion or would reduce the prospects of a pregnancy resulting from the implantation of the embryo. Majority against the The Committee has agreed that a human amendment 35 life can now be experimented upon and that that life can cease to exist as a result of the AYES experiment. For those persons who believe Mr Burgin MrMcOonald that life begins at conception, we are, MrCain Mr Miller through clause 6, allowing experimentation Miss Callister MrNewton to occur upon a human life. Even those who Or Coghill MrNorris do not accept that an embryo is a human Mr Ernst MrPope Mr Fogarty Mr Remington life would surely have to accept that an Mr Fordham MrRoper embryo is capable of life. MrGavin MrRowe This Committee, through approving this MrGray MrSeitz clause, is proposing to allow experiments to Mr Harrowfield Mrs Setches be conducted on what I sincerely consider Mr Hassett MrShell Mrs Hill MrStirling to be a human life. Although it is believable, MrHill Mr Templeton because it is happening, I find it incredible Mr Hockley Mrs Toner that a Parliament, a Parliament of which I Mr Ihlein OrVaughan am a member, is proposing to legalize this Mr Jona MrWalsh type of action. Mr Kempton MrKirkwood Tellers: The Liberal Party, in allowing me to exer­ MrLeigh MrSheehan cise my conscience in this matter, has not Mr Leiberman (Ivanhoe) permitted me to vote against its position. It Mr McCutcheon MrWilliams has allowed me not to support that position 1848 ASSEMBLY 2 November 1984 Papers by abstaining from voting in the Commit­ Geelong Regional Commission-Report and state­ tee. I am unhappy that the Parliament is ment of accounts for the year 1983-84. supporting the Bill and this clause in Historic Buildings Council-Report for the year particular. 1983-84. I appreciate the situation that exists in the community in relation to in vitro fertil­ The following Proclamations fixing oper­ ization being unregulated and that this ative dates for various Acts were laid upon measure will provide regulation. The the table by the Clerk pursuant to an Order amendments moved by the Liberal Party in of the House dated 2 October 1984: the Legislative Council have immeasurably Credit Act 1984-Sections 3 (1) and (2), 4-6, 8, 9, improved the proposed legislation and the 12, 15, 16, 19, 20, 22, 24-29, 48 and 157-161-1 regulations and controls that will occur in November 1984 (Government Gazette No. 123, 31 relation to in vitro fertilization in Victoria. October 1984). Nevertheless, I cannot support legislation Country Fire Authority (Amendment) Act 1983- that will permit experimentation to occur Remaining unproclaimed sections of the Act (Govern­ on human beings-experimentation that ment Gazettte No. 123, 31 October 1984). could result in the loss oflife of those human beings. DAIRY INDUSTRY BILL Mr WILLIAMS (Doncaster)-I do not This Bill was returned from the Council support any measure that will result in the with a message relating to amendments. death of an embryo. I do not agree with my I t was ordered that the message be taken colleagues. into consideration later this day. The clause was verbally amended and, as amended, was agreed to. DANGEROUS GOODS (ROAD Mr HANN (Rodney)-I indicate, on TRANSPORT) BILL behalf of the honourable member for Ben­ This Bill was returned from the Council alia, that he does not wish to proceed with with a message relating to amendments. any of the amendments under his name. I t was ordered that the message be taken Clauses 7 to 12 were agreed to. into consideration later this day. Clause 13 was verbally amended and, as amended, was adopted, as were clauses 14 EDUCATION (AMENDMENT) BILL to 18. (No. 2) Clause 19 was verbally amended and, as The debate (adjourned from October 31) amended, was adopted, as were clauses 20 on the motion ofMr Fordham (Minister of and 21. Education) for the second reading of this Clauses 22 and 23 were verbally amended Bill was resumed. and, as amended, were adopted, as were Mr HANN (Rodney)-This Bill is simi~ clauses 24 to 31. lar to another measure, the Education Clause 32 was verbally amended and, as (Amendment) Bill, which passed through amended, was adopted, as were the remain­ Parliament in the spring sessional period of ing clauses. 1983. It is of concern to the National Party that the Government has chosen to intro­ The Bill was reported to the House with duce proposed legislation into Parliament amendments, and passed through its at this late sta$e. That is one of the reasons remaining stages. why there is WIdespread concern among sig­ PAPERS nificant numbers of people around the State, particularly those associated with small The following papers, pursuant·to the di~ independent schools and Christian schools, rections of several Acts of Parliament, were who were strongly opposed to sections of laid on the table by the Clerk: the 1983 legislation, which is being re­ Equal Opportunity Act 1977-Report of the commis­ enacted in the 1984 Bill. sion for the year 1983-84-0rdered to be printed. These people have a reason to be suspi­ Equal Opportunity Board-Report for the year cious of the Government's actions when it 1983-84-0rdered to be printed. delays the introduction of the proposed Education (Amendment) Bill (No. 2) 2 November 1984 ASSEMBLY 1849 legislation until the dying stages of Parlia­ The National Party supports those pro­ ment and, in this instance, the Minister of posals in the proposed legislation but some Education chose to introduce the Bill into aspects of the Bill relate to the registration the Legislative Council in the first instance procedure that causes honourable members rather than the Legislative Assembly, which on this side some concern. I refer the House is most unusual for an education Bill. That to the fact that a school will now be required added to the concern of many hundreds of to give six months' prior notice of intention people around the State who expressed con­ to open. Originally there was an indication cern at the implications of the legislation that the school would not be permitted to last year and now have expressed their open unless approval was granted. An opposition to some aspects of the current amendment has been made so that the Bill. school may open unless a refusal has been The Bill brought out some of the provi­ issued. That does not change the provision sions of clause 11 of the Education (Amend­ dramatically, but in six months the board ment) Act 1983 which effectively was should have ample time to meet. The con­ delayed until 1 January 1986 as a result of cern of the small independent schools is that joint action by the opposition parties in the this is an attempt to impose greater restric­ Legislative Council. It is a matter of regret tion on their operation, because at present to the National Party that the Liberal Party it is possible for people to open a school and was not prepared to support it on that occa­ then seek registration. sion and defeat clause 11 completely. If the schools gain this approval prior to I was fascinated to sit in the House a opening, in some instances it may be totally couple of days ago and listen to the honour­ impractical and they may never open as the able· member for Hawthorn justify his par­ Registered Schools Board makes the assess­ ty's action in its decision to support the ment once the school is open. National Party on clause 11. The honour­ Honourable members interjecting. able member for Hawthorn says that he did Mr HANN-The Minister says that it is not have to justify it, but he spent consider­ rough on the parents but they choose to able time attempting to justify his party's send their children to these schools. The decision. The National Party supported the parents would be well aware of the stan­ Liberal Party's amendment and voted dards within the schools and the buildings. against the clause. Had the Liberal Party They make a conscious decision to send been prepared to support our opposition to their children to these schools because they that clause, it would have been effectively believe they will be giving their children a delayed or it would have wiped it out com­ better opportunity for education than they pletely and honourable members would not would get in the State school system. be here tonight debating similar legislation. The National Party believes strongly that The honourable member for Hawthorn the option should be retained for those who says that the Government may have re­ wish to provide that freedom of choice for introduced the legislation, but the provi­ their children and for that reason it is sions concerning the size of schools would alarmed at the restriction being imposed. not be written into the legislation. The Its objection relates to the legislation being assumption by the Liberal Party at that time introduced during the late stage of the ses­ was that it would be in office prior to 1986 sional period. There has been little time for and would be able to repeal the legislation consultation. Certainly, I was able to circu­ at that stage. One hopes that may be correct, late the Bill to interested persons to obtain but it is a dangerous path to take. The Bill their comments, and the Minister advised is a mishmash of proposals that have been me of the general thrust of the Bill some made to clause 11 in the 1983 legislation time earlier but, until one actually sees the and also matters relating to regional coun­ Bill, it is not possible to know what Parlia­ cils, named regional boards ofeducation and ment will be determining. transitional arrangements to the term of Strong representations have been made office of current members of the teachers to the National Party by a number of people, registration boards until the end of 1985 or including Mr Barry Tattersall of Canaan a further period not exceeding twelve College, which is in the area of Benalla. He months after 1985. points out that additional pressures are 1850 ASSEMBLY 2 November 1984 Education (Amendment) Bill (No. 2) being placed upon smaller independent shall be opened if the board has refused schools, or restrictions upon their opening, approval for its opening. and the procedures that they must go How does one start a school in a remote through to gain registration is an imposi­ country area ifone does not have a number tion. The schools are concerned that they of families who say, "We want to start a must go through these lengthy procedures school. We can afford to employ qualified to gain registration and, for that reason, the staff and hope to attract other families to National Party intends to oppose clause 11 attend that school". If an application for of the Bill, as a matter of principle. I hope approval has to be given six months before members of the Opposition will review their the opening of the school, it is a simple mat­ V pper House decision and support the ter for the Registered Schools Board to say, National Party in its objection to these ~~Y ou would not be viable under the cir­ additional restrictions that are being placed cumstances and therefore we cannot grant upon small independent schools. you approval". That is the Catch 22 situa­ The National Party is also proposing tion that is so difficult to overcome. amendments to clause 19, which will reduce The other question relates to the fact that, the number of pupils in a registered second­ in order for a secondary school to be regis­ ary school from ten in a class to five. I hope tered, the average enrolment for the year members of the Opposition will also sup­ levels for which the school is to be re~s­ port that amendment of the National Party. tered is ten or more. That is an interestIng The National Party supports the other point because, in discussion with the Direc­ aspects of the Bill, although it has some tor-General of Education, Or Norman concern with regard to regional boards of Curry, his interpretation of that sub-clause education as it considers they are not neces­ was completely different from mine. I sary. It believes they are adding a bureau­ believe it refers to the fact that in each year cratic function within the system and adding level there shall be ten or more students. to the burden of the volunteers and the work According to the director-general, it means that parents give to the system. The National that if a school has six levels in its second­ Party if it had its choice would not establish ary section there must be 60 students in that regional boards of education. It believes that school. One would not necessarily need to the present system, with a strengthening of have ten or more in the upper levels of the school councils, will provide a stronger cen­ school but one would have to make up the tral structure and that is a better way to number 60 overall. handle the situation. The National Party There are many small registered schools sees it as an additional burden in the amount in Victoria that could not comply with that of time that parents must give and no one proposal, let alone a school setting out to be has the time to support the functions that registered in the first instance. In that situa­ the Minister expects and it will not benefit tion, one would have to start with two year anyone. levels, 7 and 8, and then hope to build on Mr WHITING (Mildura)-There are two that. issues in the Bill to which I take objection How many parents will send their chil­ and they are both deliberate Catch 22 situa­ drento a school, thinking perhaps it will be tions that have been set up by the Govern­ registered for year 9, and then send their ment to prevent the opening of further small children to another school after the first two religious schools in Victoria. Most of them years? Consequently, the potential number would qualify to open a primary section of of students in that situation would almost their school, but it is virtually impossible, certainly prevent the school from obtaining under the provisions of the Bill, to open a registration in the first instance. secondary school in a small country area. I refer to a letter that has been sent to me Clause 11 of the Bill, to which the Deputy and to other honourable members from Leader of the National Party has already Pastor Peter Beauchamp of the Sunraysia referred, provides that the proprietor or Christian School, which operates in the head teacher of every school shall at least Mildura area. It has registration for a pri­ six months before the opening of the school mary section and also for five levels in the make application in the prescribed form for secondary section. The school is having a approval to open the school and no school struggle to obtain an increase in registration Education (Amendment) Bill (No. 2) 2 November 1984 ASSEMBL Y 1851 for the higher levels at that school. Pastor compulsory education, which is a require­ Beauchamp points out in part of his letter, ment under State law. Similarly, the Gov­ which I quote: ernment of the day has a responsibility to I believe that Quality in education has little to do ensure that the education of children, who with class sizes-but rather more to do with the Quality are required by law to attend school, is of staff and content of curriculum-each of which is undertaken in a fit and proper manner in already assessed for registration purposes. terms of standards of facilities, teaching, and Ifone is talking about private schools, surely appropriate curriculum. The Government the situation should be that if the building embraces those principles. in which the school is conducted is satisfac­ The same issue was addressed by the tory and the staff are qualified and able to Australian Education Council. It estab­ carry out a suitable curriculum in that lished a committee to examine the issue of school, then it should not be any concern of registration of non-Government schools, the Registered Schools Board, of the Gov­ which it did in great detail. It consulted ernment or of the Education Department as across Australia and took views on the to what goes on in that area. appropriate size of schools and qualifica­ tions of teachers in terms of health stan­ If we are going to speak about regimenta­ dards and related matters. For example, on tion, of which honourable members have the issue of the size of schools, at page 16 of seen an example recently where the Premier the report it is recommended that in the is dictating to public servants on the type of secondary area there should be an over-all dress they may wear at sporting functions, average often students for each of the year then where on earth will we finish with levels. measures like the Bill and other pieces of The point I am making is that the Gov­ proposed legislation that have recently been ernment is not legislatin~ in a vacuum. The before Parliament? Government is legislattng on the unani­ Honourable members who think about mous advice of the Registered Schools the ramifications of the Bill should be con­ Board, the majority of whose members are cerned about clauses 11 and 19 and take representative of non-Government schools appropriate action when they are dealt with in Victoria, both Catholic and non-Catho­ during the Committee stage. lic. The board is chaired by the Director­ General of Education, Dr Norman Curry, Mr FORDHAM (Minister of Educa­ who I believe is seen to be a person of integ­ tion)-I thank the honourable member for rity and who has support within the Gov­ Hawthorn, the shadow Minister of Educa­ ernment and non-Government sectors. tion, and the honourable members for Rod­ ney and Mildura for their contributions to It was the advice of the board that the Bill the debate. The honourable member for should be put forward in its present form. Hawthorn outlined the over-all support of Honourable members should not run away the Liberal Party for the Bill. I am apprecia­ from that point. The board has a long and tive of the general view that the Opposition proud history in Victorian education and has taken on this issue over recent years. any party that rejected its advice on matters of this sort would certainly need to reconsi­ The previous Minister of Education, the der and be extremely careful about where it Honourable Alan Hunt, was one of the first was going. people to raise the issue of registration and funding arrangements for both new and The report on the registration of non­ existing non-Government schools and the Government schools is no doubt the most need and responsibility of the Government up to date in Australia on that issue. The honourable member for Hawthorn Quoted to establish guidelines and standards for the a letter regarding one aspect of the Austral­ development of non-Government schools ian Education Council reception of the in Victoria. report. On 29 November 1983, at page 2431 In his comments made the other day, the of Hansard, I stated: honourable member for Hawthorn made it The council unanimously accepted the final report clear that he was very much in the same of a working party on the registration of non-Govern­ mould. He referred to that in a situation of ment schools. 1852 ASSEMBLY 2 November 1984 Education (Amendment) Bill (No. 2)

The minutes of the council for the relevant the case in the past. This is particularly meeting held in November 1983 stated: important in country Victoria where one Council congratulated the Working Party on its can have access to people who have Report. resources and the capacity to make deci­ Council members in general endorsed the sions. I am not suggesting that there are recommendations. sufficient resources, as yet, at the regional Council resolved that the Report be published and level in either human or dollar terms, but circulated by the Government Publishing Service. the previous Government was attempting I was present at that meeting and I assure to work in that direction and this Govern­ the House that no Minister at the meeting ment is going down the same path at a faster uttered any dissent from that issue. Every­ pace. In a few years, history will show that one was asked to vote and no one asked for it was the correct way to go. their vote to be recorded in dissent on that The honourable member for Mildura matter. raised the issue of the size of classes and In fairness to the honourable member for what he saw as differing interpretations Rodney, I indicate that the way in which about the size, particularly of secondary the council is operated is that the draft min­ classes. He was referring to clause 19 of the utes are circulated to all Ministers and if Bill. I share the interpretation of Dr Curry, there is to be any difference they are asked the Director-General of Education, on how to notify the council before they are con­ that provision should be interpreted by the firmed. No Minister asked for the minutes Registered Schools Board, and I am pre­ to be confirmed until some months later in pared to advise the board in that regard. January, when the matter came up. As was mentioned by the honourable Mr HANN (Rodney)-On a point of members for Hawthorn and Rodney, order, Mr Acting Speaker, I ask that the amendments were made to the Bill in Minister table the document to which he is another place that brought about a greater referring. degree of unanimity. Mr FORDHAM (Minister of Educa­ The Government has accepted many of tion)-I will do that. The Queensland Min­ the amendments from the Legislative ister asked that the additional words Council, which have clarified the pro­ hQueensland reserved its position" be added cedures under which the board will operate to the minutes. That is an explanation of and they will enable the Minister to intro­ the matter raised by the honourable mem­ duce different sections of the measure at ber for Hawthorn on which he asked me to different times. comment. I have given certain assurances in respect The honourable member for Rodney of schools operating in 1985. The Deputy raised a number of concerns. He was con­ Leader of the National Party may recall cerned about the requirement for six raising this matter with me and seeking months' notice. The advice I have received assurances that schools operating in 1985 from the Director-General of Education and would not be impeded as a result of this from the Registered Schools Board is that measure, and I hope he accepts the assur­ that period is required for consultation with ance I have given at this time. school authorities for decisions on staffing The Registered Schools Board, I repeat, and curriculum to be made in a proper way. is strongly in support of the Bill. I believe it I accept that advice and do so unreservedly. will make for a better system for the devel­ The honourable member for Rodney also opment of the non-Government school sec­ raised concern about regional boards. I tor in Victoria. I, as Minister, obviously know that this is currently a matter of some have responsibility for all children of this contention and discussion across Victoria. State, and I shall certainly exercise that The previous Government established a responsibility to the best of my ability. regional structure in education. I believed The motion was agreed to. that was the right decision at the time and I still believe so. The education system is of The Bill was read a second time and such a size and dimension that it requires a committed. more decentralized bureaucracy than 'was Clauses 1 to 10 were agreed to. Education (Amendment) Bill (No. 2) 2 November 1984 ASSEMBL Y 1853

Clause II of non-Government schools. At no stage of the pro­ ceedings was a vote taken to affirm the recommenda­ Mr HANN (Rodney)-It is an amazing tions of the report. The Council of Ministers resolved coincidence that clause 11 was the offend­ that the report be published and circulated through t~e ing clause in the 1981 legislation and that Australian Government Printer. I believe that thiS opposition to that provision was expresse~ report may be discussed at the next meeting of the at that time. People who expressed OPPOSI­ A.E.C. scheduled for June 1984. tion to that clau'se and who oppose the clause I believe we have asserted the fact that the in the current Bill, have the advantage of report was not en.dorsed by ~he Australian being able to refer to th~ same clause to Education CouncIl but that It was really a which they referred last tIme ..Clau.se 11 of matter for individual State Governments to the Bill now before the CommIttee mcludes make their own determinations on what matters that are causing alarm to a number restrictions or impositions they would apply of people. to the registration of schools in their States. I n his reply to the representations of the For that reason, the National Party opposition parties, and particularly those of expresses some co.ncern. at the additional the honourable member for Hawthorn con­ restrictions that WIll be Imposed on small cerning the rec~mmendati~ns of ~he Aus­ independent schools wishing to become tralian EducatIon CouncIl meetmg, the established. Minister has tried to Justify the fact that The National Party is also concerne4 that there was endorsement by the council of the those schools will have to apply for regtstra­ report. If one reads the Minister's o~n letter tion at least six months before opening. One relating to the minutes of that meetIng of20 of the dilemmas they face is that there is no May 1984, signed by Mr Fordha!ll, on~ notes that he replies to a letter dated In Apnl clear indication of the sorts of requirements concerning that report and advises that: or the information they will need to .m~ke available to both the Health CommISSIon The formal minute of the Australian Education and the Registered Schools Board. They are Council was: concerned that particularly harsh regul~­ "Council congratulated the Working Party on its tions will be applied, for example, to then Report. Council members in general endorsed the curriculum and so on. For that reason, the recommendations. National Party intends to oppose the clause. Council resolved that the Report be published and circulated through the Australian Government Pub­ Mr JONA (Hawthorn)-I should like to lishing Service." state briefly where the Liberal Party stands It is not the practice of the Council to "adopt" reports on this matter, because it does not support which bear on the individual operation of states. the rejection of the clause. Although the Deputy Leader of the National Party says it Therefore the Minister himself stated in may well have application to some people that letter'that the council does not actually in the small non-Government school area, adopt reports or the recommendations of reports. To take that matter even further, I as they see the situation, it has ~o be? remem­ shall quote from a letter to the Minister bered that this clause has applIcatIOn to all dated December 1983 from the Honourable schools throughout the State. Lyn Powell, the Minister for Education in . The arguments that t~e peputy Leader of Queensland. In that letter, the Queenslan~ the National Party applIes In respect of small Minister responds to representatIOns on thIS schools could also apply in respect of large matter and makes the following statements: schools. The curriculum of large schools The article in the Courier Mail that you refer to . could be just as much affected by this clause contains a number of substantial errors, in particular as could that of smaller schools. the report states: Mr Hann-Then why do you not vote "Australia's Education Ministers have reaffinned the against the clause? principle that non-Government schools should be reg­ Mr JONA-If the Opposition votes istered before being allowed to enrol students. The Ministers have adopted the final report of an Austral­ against the clause, it would be s~yin~ to the ian Education Council working party on registration of Registered Schools Board that It wIll have non-Government schools ... " no control whatsoever over the activities of In reality the Australian Education Council have not anyone who wishes to establish a school. adopted the report ofthe working party on registration Mr Hann-It has control now. 1854 ASSEMBLY 2 November 1984 Education (Amendment) Bill (No. 2)

Mr JONA-It does not have controls obviously consider appropriate amend­ under this clause in respect of complying ments, if the National Party were to pro­ with the provisions of the Health Act and pose them, but the omission of this clause the like. would leave a vacuum, which would lead to Mr Hann-Yes~ it does. an unacceptable situation. Mr JONA-The Deputy Leader of the Mr FORDHAM (Minister of Educa­ National Party refers to the Christian fun­ tion)-I endorse the comments of the damentalist schools because they are the honourable member for Hawthorn. The schools which, in the main, have made rep­ thrust of his remarks is exactly the approach resentations. I do not for one moment, the Government takes on the matter. The envisage those schools not meeting the cri­ Government has a responsibility in the teria set down; they are operating and per­ interests of parents, children and registra­ forming, and I do not envisage them causing tion authorities to ensure that the issues are concern. However, I would be concerned clarified before a school begins rather than about a group of people-and they may not after it has begun to function. be of any denomination; they could be the The present arrangements are clearly most way-out group one could possibly unsatisfactory. Every year a number of small imagine-that could possibly get hold of a schools are closed because they are not few children and a few parents in the com­ operating satisfactorily, and it is important munity who are totally and utterly irrespon­ in the interests of the children that that sible and say, "We are going to operate a situation should not continue. Both the school; no one can do a thing about it Health Commission and the Registered because the Parliament threw out clause 11, Schools Board have demonstrated their and we do not have to submit our case to bona fides over the years; they are reputable the Registered Schools Board for approval" . bodies and should be given the opportunity Mr Hann-That is not true. What you of functioning properly. are saying is not true. The Committee divided on the clause (Mr Mr JONA-I am sorry, but it is true, Wilton in the chair). because the clause the National Party wishes to omit from the measure contains the pro­ Ayes 47 vision that no school shall be opened if the Noes .. 4 board has refused approval for its opening. The Deputy Leader of the National Party, Majority for the clause 43 through omitting clause 11, would also omit AYES that provision. Obviously, if that clause is Mr Burgin Mr McDonald omitted, there will be no requirement for Miss Callister Mr Maclellan schools wishing to open to make applica­ Or Coghill Mr Miller tion to the board. Mr Culpin Mr Newton The Opposition believes it is far better Mr Emst Mr Norris for a school to be required to make applica­ Mr Fogarty Mr Pope tion and to be closely scrutinized. If the Mr Fordham Mr Remington Mr Gavin Mr Richardson school were found to be unsuitable, its Mr Gray Mr Rowe application could be refused and it would Mr Harrowfield Mr Saltmarsh not be allowed to open. It would be better Mr Hassett Mr Seitz to do that rather than have a school which Mrs Hill Mrs Setches would never have any chance of opening in MrHiII Mr Sheehan the first place, getting together some 20 or Mr Hockley (Ivanhoe) 30 children, opening for six months, and Mr Ihlein Mr Shell then the parents receiving a letter that the Mr Jolly Mrs Sibree school had to be closed down half way Mr Jona Mr Simmonds through the year and that they would have Mr Kempton Mr Simpson to take their children elsewhere. Mr Kirkwood Mr Stirling Mr Leigh Mr Templeton For those reasons, the Opposition cannot Mr Lieberman Mrs Toner support the rejection of clause 11. It could Mr McCutcheon Or Vaughan Education (Amendment) Bill (No. 2) 2 November 1984 ASSEMBLY 1855

Mr Walsh Tellers: One of the Minister's arguments is that it Mr Williams Mr Micallef is difficult to maintain a curriculum range Mr Tanner for a small number of students. However, a similar situation exists with many of our NOES small high schools in certain levels. If the Mr Hann Tellers: Government proceeds with its senior sec­ Mr McNamara Mr Jasper ondary school proposals, many more of Mr Whiting those small high schools will be adversely affected. PAIRS Mr Austin Mr Steggall For that reason, the National Party would Mr Brown Mr Evans like to amend clause 19 by insertIng "5" (Gippsland East) rather than" 10". MrEbery Mr Wallace I make an additional comment. This Bill Mr Evans Mr McGrath has been dealt with in an interesting way. (Ballarat North) Most of the sections of the Education Mr Kennett Mr Ross-Edwards (Amendment) Act 1983 have been effec­ Clauses 12 to 18 were agreed to. tively removed and rewritten into this Bill. One wonders at the practicality of doing Clause 19 that. The Parliamentary Draftsmen seem to Mr "ANN (Rodney)-I move: be skilled at it and they have effectively done Clause 19, line 9, omit "ten" and insert "five". it to all of the sectIons that honourable members will be dealing with, which will be Clause 19 reinstates section 11 of the Edu­ proclaimed on 1 January 1986. cation (Amendment) Act 1983 which will effectively be changed as a result of this Bill. Mr FORDHAM (Minister of Educa­ It relates to the minimum number of stu­ tion)-I do not doubt the sincerity of the Deputy Leader of the National Party and dents required before a private school can his motives in moving this amendment. The be registered. Government cannot accept it. I repeat that The National Party has received many the Government acted on the advice of the representations on this issue. As I said Registered Schools Board, which advice has earlier, the bulk of the representations over been supported by the Director-General of the past twelve months have related to the Education. Ten was the figure recom­ size question. The Minister deliberately mended by the Australian Education Coun­ avoided attempts to have the issue reacti­ cil working party in its detailed study on vated in the House, choosing rather to this issue. I believe these bodies have rec­ amend section 11 of the Education ommended this figure because they know (Amendment) Act 1983. the Government has a responsibility to children. This average of ten for the rele­ The National Party would like to reduce vant year levels should be seen as the mini­ the minimum figure of average enrolments mum. It is clearly meant to be observed in for the year levels from ten to five. My col­ the interests of children. league, the honourable member for Mil­ The Government realizes that children dura, has pointed out his concern that the and adults are in a Quickly changing world. way that clause is written means that at each Schools are facing great responsibilities and level there must be a minimum of ten stu­ changes whether or not we like it. The Gov­ dents. We had discussions with DrCurry ernment has a responsibility to children to and his understanding is that there is an make sure they have the best curriculum average often students over each of the lev­ range available to them in the vital years of els. There might be five students in Year 12 secondary education. One of the guidelines and fifteen students in Year 7. We are con­ under which this Government chooses to cerned that if it is too restrictive, smaller operate is this Bill dealing with sizes of non­ schools may not be able to become estab­ Government schools. lished. For that reason they need the oppor­ It is a reasonable and proper hallmark tunityof having that figure reduced from and I hope that, on reflection, both opposi­ ten to five. I hope the Government will sup­ tion parties will accept the advice that we port that. have received and agree to the Bill. 1856 ASSEMBLY 2 November 1984 Education (Amendment) Bill (No. 2)

Mr JONA (Hawthorn)-I agree with the Mr Jolly MrSheehan comments made by the Minister on the MrKirkwood (Ivanhoe) desirability of having the greatest possible MrMcDonald Mr Shell Mr Micallef MrSimmonds choice in curriculum. However, I do not see Mr Miller MrSimpson the relationship between curriculum and MrNewton MrStirling class sizes in the context of this clause. MrNorris MrsToner I draw the Minister's attention to the MrPope DrVaughan report of the Australian Education Council MrRoper MrWalsh on the Registration of Non-Government MrRowe Tellers: Schools. On pages 15 and 16, the working MrSeitz Mr McCutcheon committee came forward with three options. MrSetches Mr Remington Presumably it considered many more than NOES three options, but decided on three which it Mr Burgin Mr Ross-Edwards brought before the attention of the Austral­ Mr Dickinson Mr Saltmarsh ian Education Council. MrHann MrTanner Mr Jasper Mr Templeton In recommending option No. 2, the MrJona MrWhiting working party said that State and Territory MrKempton MrWilliams registration authorities should give con­ Mr Lieberman Tellers: sideration to adoptin~ minimum enrol­ Mr Maclellan Mr Leigh ment guidelines as outhned in this option. Mr Richardson MrMcNamara The Liberal Party, by choice, would have The CHAIRMAN (Mr Wilton)-Order! preferred option No. 3 rather than what has The time appointed for me to report pro­ been proposed by way ofamendment by the gress under Sessional Orders has arrived. National Party, because option No. 3 gives discretion to the registration board. It states: Progress was reported. That the AEC decide that there is insufficient evi­ The SPEAKER-Order! The time dence to support the introduction of even general guidelines on minimum school size for non-Govern­ appointed by Sessional Orders for me to ment schools and that judgments about the educa­ interrupt business has now arrived. tional viability of a school should be made during provisional registration and registration proceedings Mr FORDHAM (Minister of Educa­ without reference to school size as an independent tion)-I move: variable. That the sitting be continued. In supporting the National Party's amend­ The House divided on the motion (the ment to reduce the number from ten to five, Hon. C. T. Edmunds in the chair). the Liberal Party is broadening and widen­ Ayes 40 ing that option. For that reason, it supports Noes 17 the amendment of the National Party. The Committee divided on the question Majority for the motion 23 that the expression proposed by Mr Hann to be omitted stand part of the clause (Mr AYES Wilton in the chair). MrCain MrKirkwood Miss Callister Mr Micallef Ayes 38 DrCoghill Mr Miller Noes 17 MrCrabb MrNewton MrCulpin MrNorris Majority against the MrErnst MrPope amendment 21 MrFogarty Mr Remington MrFordham MrRoper AYES MrGavin MrRowe MrCain MrGavin MrGray MrSeitz Miss Callister MrGray Mr Harrowfield Mrs Setches DrCoghill Mr Harrowfield Mr Hassett MrSheehan MrCrabb MrHassett MrsHill (Ivanhoe) MrCulpin Mrs Hill MrHill MrShell MrErnst· MrHill MrHockley MrSimmonds Mr Fogarty MrHockley MrIhlein MrSimpson MrFordham ·MrIhlein Mr Jolly MrStirling Commercial Arbitration Bill 2 November 1984 ASSEMBLY 1857

Mrs Toner MrWilton Those three elements are of concern to DrVaughan Tellers: the Opposition. The proposed amendment MrWalsh Mr McCutcheon of the Law Institute of Victoria has been MrWilkes MrMcDonald included in the Bill in another place to NOES achieve a prospective application of the law Mr Burgin Mr Ross-Edwards rather than a retrospective application. The Mr Dickinson Mr Saltmarsh Opposition is not convinced that the Law Mr Hann Mr Tanner Institute of Victoria is right in insisting on Mr Jasper Mr Templeton an absolute right to legal representation but Mr Jona Mr Whiting it was prepared to go somewhat towards Mr Lieberman Mr Williams ensuring that people would be adequately Mr McNamara Tellers: represented, wherever appropriate. Mr Maclellan Mr Kempton Mr Richardson Mr Leigh I have a copy of a letter dated 25 October 1984 from the Building Dispute Practition­ The House went into Committee for the ers Society which was sent to the Attorney­ further consideration of this Bill. General. I will make the letter available to Discussion was resumed on clause 19. any honourable member who desires to read The clause was agreed to, as were the it. The letter states: remaining clauses. I acknowledge receipt of your letter of25 September The Bill was reported to the House with­ 1984. out amendment, and passed through its The Building Dispute Practitioners Society very remaining stages. much regrets that you have been unable to take into account its submission when preparing the BiJl for its passage through Parliament. It is a source of some disappointment to us that a COMMERCIAL ARBITRATION BILL Government which speaks highly of consultation The debate (adjourned from September should have departed again from this desirable course. 13) on the motion of Mr Cathie (Minister As was indicated in our submission, we believe that of Housing) for the second reading of this we are in a position to offer constructive and helpful Bill was resumed. assistance to the Victorian Government in its prepa­ ration of legislation in areas concerning the resolution Mr MACLELLAN (Berwick)-The Bill of building disputes. Nevertheless, we have repeatedly is part of a national approach to rewrite the found that our interests are either ignored or reluc­ law relating to commercial arbitration. tantly received. Although the process involved in the prep­ Mr Spyker-They haven't come to terms aration of the measure involved consulta­ with a Labor Government! tion, which led to the proposed legislation, Mr MACLELLAN-What an extra­ I regret to say that the Building Dispute ordinary interjection from the Minister of Practitioners Society seems to be unsatis­ Consumer Affairs! fied with the preparation of the Bill and the course of the consultations which led to it. The SPEAKER-Order! The Deputy In other matters, the Law Institute of Vic­ Leader of the Opposition will ignore toria has been dissatisfied with the drafting interjections. of the Bill and has sought the assistance of Mr MACLELLAN-Mr Speaker, nor­ the Opposition and the National Party to mally I would ignore interjections from the amend it. That was done in another place. Minister of Consumer Affairs but obviously Now the Bill will not be retrospective. a response needs to be made to it or else it The Bill incorporates one amendment will not be recorded in H ansard! sought by the Law Institute of Victoria so The SPEAKER-Order! The Deputy that the law will apply to future arbitrations Leader of the Opposition will proceed with rather than to those arbitrations that are his dissertation. currently under way or which may be in the Mr MACLELLAN-Yes, Mr Speaker. course of the preliminary stages. The Law The letter continues: Institute of Victoria also sought to amend In the case of the Commercial Arbitration Bilt" we the Bill to ensure that people had the right discovered in June that there was a further Bill pre­ of being represented by a legal practitioner pared to be placed before the Parliament for discus­ before an arbitration. sion. We immediately obtained copies of the Bill. In 1858 ASSEMBLY 2 November 1984 Commercial Arbitration Bill

September we forwarded a detailed submission as was members act in these arbitrations as advocates, solici­ promised to you, Sir, at our annual dinner. We might tors, expert witnesses, building consultants and, of have expected that, if consultation was really wel­ course, as arbitrators. comed, the Government might have taken a more 2. The society therefore believes itself to be in a positive role in establishing consultative procedures. uniquely well-informed position to offer suggestions to It has been our unhappy experience to have seen a improve the Commercial Arbitration Bill which has similar fate befall our submissions with respect to the been laid before the Parliament ofthe State of Victoria proposed Building Disputes Tribunal. We think it for consideration by the Parliament in the spring ses­ would be unfortunate for good government in Victoria sional period. if our members should get the idea that their efforts in General this regard were a waste of time. 3. The field of arbitration is a very wide one. Even The letter is signed 44Yours faithfully" by within the area of concern to our members, building David Byrne, President of the Building Dis­ disputes, arbitrations vary from relatively minor dis­ putes arising out of domestic housing, to major dis­ pute Practitioners Society. That society putes involving millions of dollars arising out of the comprises 132 members-78 are lawyers; construction of city buildings, or engineering works 26 are building consultants; 7 are architects; involving private corporations or public instrumental­ 9 are engineers; and the balance of the ities such as roads, bridges, tunnels and the like. The membership comprises people concerned work down at Loy Vang for example has resulted in a about the prevention of and the resolution number of arbitrations involving the State Electricity Commission. Moreover there are other fields of arbi­ of building disputes. Those members are tration which are outside the particular interest of our involved in giving expert evidence at build­ society as an organization. These include international ing disputes. In other words, it is a group of commercial and shipping arbitrations which have pre­ people which acts as expert witnesses in an viously been heard outside Australia. We understand arbitration; the very group one would imag­ that this valuable business might be brought to ine should have been the first to be con­ Australia. sulted on the Bill. In these circumstances, the Bill must provide pro­ cedures which satisfy the needs of very different types The blame does not attach solely to this of disputants. We have given consideration as to Government. The preparation of the Bill whether there should be provided in the Bill a special has been a long process; it was commenced set of procedures for small arbitrations. These might by the former Government and this com­ include wider discretionary powers for the arbitrator plaint relates to the latter stages of it. The or a more inquisitional procedure. We have not society is saying that it has submitted a very attempted to prepare recommended amendments to deal with small arbitrations without knowing whether detailed submission on the Bill and has the Government is interested in the concept. found that its representations have been ignored. Even at this stage the Government What our society does see as very important is that the Bill should not be tailored to meet the particular has failed to indicate whether it'will pick up requirements of small arbitrations-to the detriment any of the matters raised. of procedures which are appropriate for larger arbitra­ I have spoken to you, Mr Speaker, and to tions. If this course is adopted, disputants in matters the Leader of the House and I have sought involving large sums and complex issues will shun leave to incorporate in Hansard the Build­ arbitration and turn to the courts. ing Dispute Practitioners Society submis­ Clause 4 (1 )-Definitions sion and, rather than delaying the 4. The definition of "arbitration agreement" is in proceedings of the House by reading that terms which, in essence, hark back to the 1958 Arbitra­ tion Act, and beyond that to the 1950 Arbitration Act submission, I seek leave to have it incorpor­ in England. ated in H ansard. 5. In the twentieth edition of Russell on Arbitration Leave was granted, and the submission pages 38-44, there is discussion as to whether the defi­ was as follows: nition in the English 1950 Act would include an arbi­ Preliminary tration clause which gives the right of reference to arbitration to one party only. Although this situation I. The Building Dispute Practitioners Society is a would be relatively unusual, we submit that it is con­ society of 132 members comprising lawyers (78 mem­ sistent with a modem piece of legislation that maxi­ bers), building consultants (26 members), architects (7 mum freedom should be given to the parties to agree members), engineers (9 members) and others con­ upon the form of arbitration or access to arbitration cerned with the prevention and resolution of building which they require. We suggest therefore that the defi­ disputes. As such, its members are often involved in nition of arbitration agreement be amended so as to the resolution of these disputes by arbitration. Its permit a unilateral arbitration reference. Commercial Arbitration Bill 2 November 1984 ASSEMBLY 1859

6. We recommend'that the definition of arbitration Clause 17-Subpoena agreement be amended by inserting after the words "an 11. Clause 17 (2) confers upon a person obliged to agreement in writing". the words "whereby the parties attend for examination or produce documents a privi­ or one or more of them agrees". lege not to answer certain questions or to produce cer­ Clause 8-Default ofAppointment tain documents. We note that this clause is limited to persons who are obliged to attend the arbitration by 7. Clauses 8 (I) (b) and 8 (3) (b) provide for the subpoena. We consider that a privilege from answering appointment of arbitrators where a nominating party questions or producing documents should be available fails to exercise his power. The experience of our mem­ to all witnesses, whether they are required to attend bers is that in building arbitrations the agreement will before the arbitrator pursuant to subpoena, whether normally require one arbitrator. or sometimes two they attend voluntarily, or whether they happen to arbitrators, to be appointed. In these circumstances, attend the hearing and are called forward in a semi­ clause 8 would apply where one of the nominating voluntary way to give evidence. We note that, notwith­ institutions has exercised its power to appoint one standing the procedure for the issue of a subpoena by arbitrator and the other nominating institution has the supervising court under clause 17 (I), the arbitrator failed to do so. We are concerned at the use of the is given power to require a witness to attend and be plural "specified arbitrators" in clauses 8 (1) (b) (ii) examined as provided in clause 18 (I). and 8 (3) (b) (ii). If this is an example of the plural 12. We recommend that clause 17 (2) be amended including the singular we suggest that it would be con­ by deleting the words "under any writ or summons sistent with the drafting style of the proposed legisla­ issued in accordance with sub-section (I)". tion that the singular be used in each case. If it is the Clause 18-Coercive power intention of Parliament that the singular should not be included, this would severely limit the value of the 13. Clause 18 (I) (a) empowers the supervising court clause. to deal with a person who fails to attend for examina­ tion when required by a subpoena or by the arbitrator. Clause 14-Procedure But the Bill does not empower the arbitrator himself 8. Clauses 14. 19(3)and22(1)havegivenourmem­ to require a person other than a party to attend for bers very much concern. We understand the object of examination, or, indeed to do anything, as provided in the legislature is that the arbitrator should be given clause 37. This is the current position under the Arbi­ maximum flexibility in the way he conducts the arbi­ tration Act 1958; Schedule I. tration. We agree with that principle. We must confess, 14. Clause 18 (I) (c) suffers from the same difficulty. however. that our experience with arbitrators in the On its face it would mean that a building proprietor State of Victoria is such that we prefer the powers to who is not a party to the arbitration is obliged to permit be given to them should be circumscribed rather than a sub-contractor who is in dispute with the builder to enlarged. We are concerned lest certain arbitrators take enter upon the site and carry out work or remove the power conferred by clause 14 to be a mandate to materials. There is the potential of injustice if this power do whatever they think is right, without regard to the is conferred upon a lay arbitrator who may not under­ rights of the parties before them. Our members feel stand the implication of his directions. It is contrary to very uncomfortable at this prospect. We refer to Mahon normal procedure that a person who is not a party to a v Air New Zealand (1983) 50 ALR 193 at 222; Foots­ proceeding should be bound by its orders. cray Football Club v. Commissioner of Payroll Tax 15. But we understand that clause 18 (1) is directed (1983) I VR 505 at 510. not to the award-making power of the arbitrator, but 9. We believe that the conflicting interests of flexi­ to his or her power to preserve control of the arbitra­ bility in the conduct of commercial arbitrations. on the tion proceedings. We think, in these circumstances, one hand and the rights of the parties to a fair hearing that clause 18 (I) (c) should clearly spell out this limi­ tation of the arbitrdtor's power. on the other can be satisfied by inserting a requirement that the arbitrator comply with the rules of natural 16. Clause 18 (1) (b) places a witness in jeopardy if justice. We note that the Planning Appeals Board which, he fails to take an oath, answer a question or produce unlike the normal arbitration, comprises a legally qual­ a document when required to do so. This obligation ified chairman. is bound by the rules of natural justice: appears to be unqualified. It is not expressed to be Planning Appeals Board Act 1980 section 25 (b); like­ subject to any just excuse, or indeed, even to the privi­ wise the Building Referees Board: Building Control lege accorded by clause 17 (2). It will be recalled that Act 1981 section 56 (1) (b). the rights of witnesses in Royal Commissions have been the subject ofconsideration in cases such as Sorby 10. We recommend, therefore, that clause 14 be v Commonwealth (1983) 46 ALR 237. We do not think amended by inserting at the commencement the figure it is sufficient protection to a witness to entrust his "(I)", and by adding a new sub-clause 14 (2) in the protection to the discretion of the supervising court to following terms: refuse to make an order under clause 18 (1). Even if "(2) Subject to this Act, unless otherwise expressly such an order is refused, the arbitration will have been agreed in writing by the parties to the arbitration agree­ disrupted and the witness severely inconvenienced. ment, the arbitrator or umpire is bound by the rules of 17. The power conferred on the supervising court is natural justice." to require the person in default to attend before it for 1860 ASSEMBLY 2 November 1984 Commercial Arbitration Bill examination, to produce to it the document which he power to continue with the hearing in the face of a has witheld from the arbitrator or to do that which he refusal to comply with an arbitrator's requirement? has refused. We can see practical difficulties in this If an arbitrator, for example, directs a party to grant power. Suppose a witness has refused to give evidence, inspection of property or to provide lists of documents it may be oflimited assistance to the arbitrator to read and he refuses, the arbitrator requires no statutory at a later date the transcript of his evidence before the power to continue with the hearing. The use of the court. The society suggests that, in the appropriate case, expression "in default of appearance" suggests to a the court should be able to order the witness to give his lawyer that the arbitrator is given the power to make a evidence before or produce his document to the arbi­ summary award or to strike out the claim or defence trator where he can be properly questioned in the pres­ ofthe party in default and proceed with the arbitration ence of the tribunal of fact who is fully aware of the on the basis that it is undefended. Presumably this significance and context of the evidence. It would be would involve the exclusion of the defaulting party and necessary to make a consequential evidence to clause his representatives from participating in any way at the 18 (2). hearing. This is a very serious step as Mr Justice Bren­ 18. We recommend therefore that clause 18 (I) be nan observed in Re Pochi (1979) 26 ALR 247 at 272. amended so that it reads as follows: We pote that it is the court and not the arbitrator which is given power to strike out a claim where the claimant ""( I) Unless a contrary intention is expressed in an arbitration agreement, where any person (whether or delays the prosecution of his claim. This is covered in clause 46. not a party to the arbitration agreement)- 21. We suggest that clause 18 (3) be reconsidered (a) refuses or fails to attend before the arbitrator or and that it ,clearly set out what is intended to be the umpire for examination when required under a writ or power of the arbitrator where there is a default by any summons; party. (b) appearing as a witness before the arbitrator or Clause 19-Evidence umpire without just cause: 22. This is a clause which has caused the society (i) refuses or fails to take an oath or make an affir­ great difficulty. Our members, especially non-lawyer mation or affidavit when required by the arbi­ members, are reluctant to abandon the rules of evi­ trator or umpire to do so; dence. They consider that in the appropriate case the (ii) refuses or fails to answer a question that the parties will usually agree to the arbitrator receiving witness is required by the arbitrator or umpire informal evidence of non-contentious matters. Like­ to answer; or wise, experience shows that the parties in the appropri­ (iii) refuses or fails to produce a document that the ate case will authorize an arbitrator to make enquiry of witness is required under a writ of summons or unimpeachable sources, such as the municipal build­ by the arbitrator or umpire to produce; or ing surveyor. They are very sensitive to the abuses which might prevail if it were possible for the parties (c) refuses or fails to do any other thing which the to place contentious material before the arbitrator or arbitrator or umpire may reasonably require for the for the arbitrator to inform himself upon a matter in purposes of the conduct of the hearing, or wilfully does issue. This possibility undermines the openness of the or causes to be done any act to delay or prevent an proceeding and erodes confidence in the arbitral award being made- process. a party to the arbitration agreement or the arbitrator We consider that it is fundamental to any dispute or umpire may apply to the Court and the Court may resolving procedure that a party should know what order such person to attend before the Court, the arbi­ material is before the arbitrator and that he should trator or umpire for examination or to produce to the have the opportunity to challenge it by cross-examina­ Court, the arbitrator or umpire the relevant document tion or rebutting material. The former course is or to do or not to do the relevant thing." unavailable where written evidence is produced. It is 19. We recommend that clause 18 (2) be amended no consolation to be told that it is a matter of weight. by inserting after the words "a record of any evidence" Very often useful evidence is elicited in cross-exami­ in paragraph (a), the words "before it" and by inserting nation. Furthermore, the granting to an arbitrator of a after the words "any document produced" in para­ power to inform himself as he thinks fit means that a graph (b), the words "to it". party may never know who was consulted or on what information an adverse award has been based. It is this Clause 18 (3) uncertainty as to the legal or logical process which 20. It is not clear to us what power is given to the leads to an award which, in the experience of our mem­ arbitrator pursuant to clause 18 (3). If it is simply that bers, is a very great cause of dissatisfaction for arbitrat­ he may proceed with the arbitration hearing when one ing parties and which permits an arbitrator to reach a party boycotts the arbitration, we consider that the conclusion by a process which is not and perhaps can­ expression "in default of appearance or of any other not be supported by rational scrutiny. act" does not make this clear. If the words "in default 23. We wonder whether the rules of evidence which of appearance" are intended to mean "in default of are not to bind the arbitrator include those rules with attendance" this should be made clear. In such a case respect to the privilege or witnesses whether it be legal what is the significance of giving to the arbitrator the profession privilege or "without prejudice" discussion Commercial Arbitration Bill 2 November 1984 ASSEMBLY 1861 and whether they include the immunity conferred by more freely with legal practitioners with a view to clause 17 (2). We note that the Evidence Act 1958 now achieving settlement of the dispute. If the arbitration contains provisions which have largely removed the proceeds, the arbitrator is much assisted by the orderly practical difficulties created by the hearsay rule and the presentation of the evidence and the argument upon best evidence rule. In our experience the only rules of points oflaw which legal practitioners are able to give. evidence which are now likely to cause difficulty for We emphasize that it is particularly the non-lawyer arbitrators are the rule as to the use which an arbitrator members of the society who have been most opposed may make of a view: Cross on Evidence. second Aus­ to the concept that lawyers should be effectively tralian edition paragraph 1.21, and the right of the excluded from the arbitral process. The society accepts arbitrator to use his own expert knowledge or to seek that the parties may themselves wish to proceed unre­ outside assistance with respect to a matter, as to which presented in an arbitration. It is prepared to accept that see Cross on Eridenc(>, second Australian edition para­ in some circumstances where the amount at stake is graph 7.4. We refer to Slapjums v. City ofKnox, (1978) small and the dispute is essentially factual, the arbitra­ VR 325 at 341-2. tor may properly feel that the expense oflegal represen­ tation is unwarranted. We have arbitrarily fixed the 24. We consider that sufficient flexibility can be limit of such dispute at $5000 being the current limit retained by providing for the parties to agree for a less of the jurisdiction of the Small Claims Tribunal. formal evidentiary procedure if they wish it. We sug­ gest that this agreement be made, not in the arbitration 27. We recommend therefore that clause 20 be agreement, but at any time. In this way the parties can replaced by the following clause which is modelled on tai lor the procedure to suit the particular dispute which Planning Appeals Board Act 1980 section 28- has arisen. "20. (I) Unless otherwise agreed in writing by the 25. We recommend that clauses 19 (I) and 19 (3) be parties to an arbitration agreement, a party to an arbi­ amended so that they read as follows: tration agreement, not being a party who is a body corporate, may appear before the arbitrator or umpire- ··19. (I) Unless otherwise agreed in writing by the parties to the arbitration agreement evidence before (a) in person; or the arbitrator or umpire shall be given orally." (b) by a duly qualified legal practitioner. H(3) Unless otherwise agreed in writing by the par­ ties to an arbitration agreement- (2) Unless otherwise agreed in writing by the parties to an arbitration agreement, a party to an arbitration (a) The arbitrator or umpire may receive evidence agreement who is a body corporate may appear before otherwise than in the manner described in sub-section the arbitrator or umpire- (I) hereof or may inform himself or herself in relation to any matter or thing with respect to which any ques­ (a) by a duly qualified legal practitioner; or tion arises in the arbitration, including the inspection (b) by the director or other officer of the body cor­ of such thing, as the arbitrator or umpire thinks fit porate authorized in that behalf. provided that- (3) Notwithstanding anything in sub-sections (I) and (i) before such informing or inspection he or she (2), where: shall advise the parties of what he or she pro­ (a) the amount of the claim of any party to the poses to do; arbitration does not or appears unlikely to exceed (ii) he or she shall as soon as practicable after such $5000; informing or inspection advise the parties that (b) where it appears that the matters in dispute are he or she has done so and shall advise them of essentially factual; and any matters arising from such informing or inspection which he or she considers to be (c) where the arbitrator or umpire is satisfied that material to the issues between the parties; and it is appropriate that the parties to the arbitra­ tion be not represented by a duly qualified legal (iii) he or she shall give to the parties a reasonable practitioner- opportunity to present evidence and argument with respect to any matter arising from such he or she may at the preliminary hearing or at any informing or inspection. subsequent time prior to the commencement of the (b) Subject to this section the arbitrator or umpire arbitration hearing, direct in writing each party to con­ is bound by the rules of evidence. " duct his or her case in person or, in the case of a party who is a body corporate, to authorize a director or Clause 20-Legal Representation other officer of the body corporate (not being a duly qualified legal practitioner) to conduct the case on its 26. The society is opposed to the philosophy behind behalf. clause 20. Our members, particularly those who have acted as arbitrators, report that they have derived great (4) Where the arbitrator or umpire has issued a assistance by legal representation of parties to an arbi­ direction under sub-section (3) he or she may, ifhe or tration. This assistance may be in the formulating of she considers proper to do so, at any time prior to the acceptable procedures appropriate to the particular making of the award cancel that direction by notice in dispute. It often happens that the arbitrator can speak writing given to the parties." 1862 ASSEMBLY 2 November 1984 Commercial Arbitration Bill

28. It will be noted that we have not included in the those where the parties were willing to adopt this course proposed clause 20 any provision for representation by following an interim determination that certain recti­ a person who is not an officer of the company or a legal fication work was required. There is in this procedure practitioner. In the field of building arbitrations there no true coercive power exercised by the arbitrator-it has developed a practice of building consultants acting is in no way an order for specific performance. The as lawyers and conducting the arbitration on behalf of experience of our members is that an arbitrator will their clients. These persons have been known to lead not impose such an order on an unwilling party. This witnesses and cross examine them and present submis­ is for the very good reason that the success of a build­ sions at the conclusion of the evidence. The society ing project depends largely on the trust and confidence considers this practice to be undesirable. The arbitra­ which the parties have in each other. Where this trust tor members believe that this practice provide~ the and confidence are lacking there are the makings of worst of both worlds. Building consultants are amateur strife. In such a case an arbitrator would not want to lawyers and have no insight into the principles of law put himself in the position of having to decide whether which they profess to expound and the parties are put his order for specific performance has been carried out. to the expense of representation which is not as effec­ We note that a court will not order specific perform­ tive as might be the case had the representative been a ance of a building agreement. We believe this is not qualified practitioner. The building consultant mem­ because of a lack of power but by reason of its discre­ bers of our society are also concerned that if they were tion and its awareness of the difficulties which our to act as "lawyers" in an arbitration for a client their members have experienced. We make no comment as fees may not be recoverable having regard to the pro-­ to the appropriateness of the power to order specific visions of the Legal Profession Practice Act 1958. It is performance in disputes other than building arbitra­ also thought that such practice would be an offence tions. We think, however, that this power would be against that legislation. We submit that the Govern­ inappropriate in arbitrations concerning partnership ment ought not provide a legislative sanction for such disputes. We propose therefore, that if the parties activities. themselves consider that the power is appropriate they Clause 2 I-Umpire should specifically agree to confer it on the arbitrator 29. This clause deals with the power of the umpire or umpire. who enters upon the arbitration following the depar­ 32. We recommend that clause 24 be amended by ture of the arbitrator. A practical problem facing an substituting for the words "unless a contrary intention umpire in this situation is for him to decide whether is expressed in an arbitration agreement", the words he should act on the evidence which has been given in "if the parties to an arbitration so agree in writing". the proceedings or whether he should start afresh. We Clause 26-Consolidation note that he is not required to sit with the arbitrators, as provided in clause 12 (I). In these circumstances, it 33. We have already observed that it is not uncom­ is likely that he will not have heard the evidence before mon in building arbitrations for there to be appointed them, or seen the demeanour of the witnesses called. two arbitrators. Clause 26 (2) empowers the supervis­ In cases where there has been a transcript of evidence ing court to appoint an arbitrator for the consolidated his decision is to some extent not affected by the prac­ proceedings. We suggest that it be made clear that the tical difficulty that he has no knowledge of what evi­ court may appoint two or more arbitrators to represent dence has been given. Where there is no such transcript, the interests of the different parties in the consolidated it would be undesirable for the parties to be obliged to dispute. provide him with an agreed summary of the evidence 34. We recommend that after the words ··to appoint to date. Clause 21 (a) obliges the umpire to treat the an arbitrator" in clause 26 (2) be added the words "or evidence as evidence in these proceedings. We suggest arbitrators" . that he be given some flexibility in this regard and that Clause 27-Conciliation in lieu of the word "shall" there be inserted the word "may". 35. The society welcomes the principle behind clause 27 (1). We make two comments about the procedure 30. We recommend that in clause 21 (a) the word contained in this sub-clause: "shall" in the expression "the umpire or arbitrator shall (a) If clause 20 is permitted to stand as it appears in treat any evidence given" should be replaced by the the Bill, it is not clear whether the parties are permitted word "may". representation upon a mediation attempt. Clause 24-Spec{fic Performance (b) The society is of the view that a settlement con­ 31. The experience of our members in building arbi­ ference ought not to be conducted or ordered after the trations is that an order for specific performance of a hearing has commenced. This view is associated with building contract is rarely made and; if made, is rarely the submission we make with respect to clause 27 (2) successful. Sometimes, in an effort to resolve the dis­ to the effect that the arbitrator ought not ordinarily pute or, more commonly, at the insistence ofthe builder proceed with the hearing in the event that a settlement who sees a cheap way out of the difficulties which he conference fails to achieve settlement. If after some has caused, an arbitrator is tempted to direct that the days of hearing, perhaps at the instance ofa party who builder return to the site and carry out rectification sees his case not going well, the arbitrator is persuaded works. In some cases such a procedure has been useful. to order a settlement conference which is unsuccessful, It should be noted that these successful cases have been the consequence of the abortion of the arbitration will Commercial Arbitration Bill 2 November 1984 ASSEMBLY 1863 be that costs will be thrown away. Furthermore, it may Clause 28-Time/or Award be that such an application may be a mere tactical 39. We note that there is no provision in the Bill for manoeuvre by one party. a time within which the arbitrator is to deliver his 36. We recommend therefore that after the words award. It may be that the arbitration agreement will "the arbitrator or umpire" appearing in the first par­ provide a time, but very often they do not. We con­ enthesis there be inserted the following words "pro­ sider that it is desirable to impose a time limit for the vided that such a conference shall not be conducted making of an award. We consider it desirable first after the commencement of the arbitration hearing". because it provides a time-frame within which the 37. The society finds the philosophy behind clause umpire may enter upon the arbitration, a matter which 27 (2) unacceptable. If a settlement conference is to be does not appear to have been dealt with in the Bill. Secondly, it enables the arbitrators themselves to know meaningful. the parties must be encouraged to express when they are obliged to appoint an umpire pursuant their views as to the merits of their case and to disclose to clause 12 (1). Thirdly, it gives the parties some the evidence which may be available to them. This is expectation as to when they may receive an award. the way these conferences have been conducted in the Finally it imposes some time constraint to encourage and with some success. Furthermore, it County Court, arbitrators to make their awards promptly. The Arbi­ would very often be appropriate for the arbitrator to tration Act 1958 requires an arbitrator or umpire to indicate to the parties his views of certain aspects of hand down his award within three months of entering the evidence or of the case of one or both of the parties. upon the arbitration. The commonly used form of Again, we understand this is done in mediation confer­ building contract-edition 5b, produced by the Master ences in the County Court and in the Small Claims Builders' Association and the Royal Australian Insti­ Tribunal. The society is strongly of the view that an tute of Architects fixes the time as one month after the arbitrator having conducted such a conference would conclusion of the hearing. We recommend that the in most cases be embarrassed in proceeding with the longer of these two time limits be adopted. arbitration. It will be recalled that in the County Court procedure the discussions between the parties are with­ 40. We recommend that before clause 28 there be out prejudice. If the parties are to be encouraged to inserted "( 1)" and that a new sub-clause (2) be inserted make a serious attempt to settle and to that end to be in the following terms: candid about their own position, the society considers ··(2) The arbitrator or umpire shall make his or her that no arbitrator, or indeed any judge, should be award within the time fixed for the making ofan award obliged to proceed with the hearing. The other aspect in the arbitration agreement or, if no time is so fixed, of this difficulty is that, if this sub-clause stands, the within three months after entering upon the arbitration parties will, in the settlement discussions, hold back or within one month after the completion of the hear­ from stating their true position for fear of prejudicing ing (whichever date should last occur), provided that their rights in the event that the discussions prove the arbitrator may by writing signed by him or her unsuccessful. from time to time and the Court may at any time extend the time for making the award. 38. We recommend therefore that the words in clause 27 (2) following "acceptable to the parties to the dis­ (3) If the arbitrator shall have failed to have made pute-" be deleted and that there be substituted the an award within the time provided in sub-section (2), following: or where there is more than one arbitrator, they or any of them shall have delivered to any party or to the "(i) subject to this sub-section the arbitrator or umpire umpire a notice in writing stating that they cannot shall not proceed further with the arbitration unless agree, the umpire may forthwith enter upon the arbi­ the parties agree in writing that he may do so; tration in lieu of the arbitrator." (ii) the costs of the arbitration thrown away (includ­ Clause 34-Costs ing the fees and expenses of the arbitrator or umpires) shall be in the discretion of the arbitrator or umpire to 41. It frequently happens that the dispute between be appointed in his or her place; the parties to an arbitration is settled before an award is made. Commonly, the settlement provides for one (iii) subject to section 35 the arbitrator or umpire of the parties to pay the costs of the other. We suggest shall be entitled to be paid by the parties equally or to that a procedure be included in clause 34 permitting deduct from any security deposited by the parties his these agreed costs to be taxed in the court without the fees and expenses incurred prior to the determination necessity of the making of a formal award to that effect. of the conference; 42. We note that it would be open to a party in such (iv) any communication between the arbitrator or circumstances to apply through the court or an award umpire and the parties or any of them or between the as to costs on the basis that the arbitration shall have parties or any other person in the course of the confer­ failed, as provided in clause 36. But we consider this ence or in the furtherance of the attempt to settle the to be an unnecessary expense where the dispute has dispute shall be deemed to be communications made been settled. without prejudice; and 43. We recommend that in clause 34 (2) there be (v) subject to part (i) hereof, the arbitrator or umpire inserted after the words "that are directed to be paid shall cease to hold office. " by any award" the following "or that are agreed by the 1864 ASSEMBLY 2 November 1984 Commercial Arbitration Bill

parties upon settlement to be paid or borne by one or (d) an arbitrator or umpire at any time refuses or is more parties." unfit to act or is incapable of acting as such-" 44. We note that clause 34 (3) would invalidate an (b) by the addition after the words "remove the agreement that, in the event ofa future arbitration, the arbitrator or umpire" of the words "upon such terms costs should be in any event borne by the parties equally as it shall think just. " or that each party should bear its own costs. In the Clause 48-Extension o/time context of building disputes, such a provision is rare 50. We query the use of the word "enactment" in and we make no comment about it. We understand, clause 48 (3) (b). We take it that the Bill is intending to however, that such a provision is not uncommon in refer to an Act of Parliament. international arbitrations. Having regard to our obser­ vations in paragraph 3 above, we suggest that inquiry 51. We recommend that in lieu of the word "enact­ be made as to the wishes of persons or organizations ment" in clause 48 (3) (b) there be substituted the word concerned with these types of arbitration, lest this clause "Act". act as a deterrent to their adopting this Bill and arbitra­ Clause 49-Terms ofOrders tion in the State of Victoria as an appropriate vehicle 52. We criticize the drafting of this clause which for resolving their disputes. introduces by the name the two supervising courts. Clause 35 (4)-Remuneration Having regard to the definition of ' 'the court" in clause 45. This clause directs the taxing authority to fix as 4 (I) we recommend that where twice appearing in the appropriate remuneration of the arbitrator "only clause 49 the words "Supreme Court or the County" such sum as may be found reasonable on taxation". be deleted. On its face such a provision is unexceptionable. The Clause 53-Power to Stay normal practice is for the arbitrator at the preliminary 53. This clause contains the power to stay which has hearing to fix with the parties an hourly rate. In some previously been found in section 5 of the Arbitration circumstances where the parties so desire, and the arbi­ Act 1958. In the earlier manifestations of this power, trator is selected for his particular expertise, this rate the time for the application for stay was fixed to be at may be substantial. Our members are concerned that any time after appearance but before taking a step in where the parties have agreed to a specific rate, they the proceedings. We note that in clause 53 (2) the party should not normally be permitted to resile from this is not permitted to enter an appearance before applying agreed rate. for a stay. We consider this to be undesirable as it 46. We recommend that clause 35 (4) be amended means that there is no address for service on the record by adding after the words "as may be found reasonable of the court in question. Furthermore, since the failure on taxation", the words "provided that where the par­ to enter an appearance within 8 days or to file a Notice ties have agreed that the fees of the arbitrator or umpire of Intention to Defend within fourteen days after serv­ should be fixed at a specific rate the arbitrator's or ice, exposes a defendant to summary judgment, the umpire's fees should be fixed by the court by reference omission substantially reduces the time after service to that rate in the absence of special circumstances." within which the defendant may apply for a stay. Clause 38-Judicia/ Review 54. We recommend that after the words"be made" in clause 53 (2) there be inserted the words "before the 47. There appears to be a drafting error in clause 38 applicant has entered an appearance or in some other (3) (line 14). We suggest that after the words "on the way submitted to the jurisdiction of the Court, (as the determination of an appeal" there be inserted the word case may be), or;" ··under". Conclusion Clause 44-Removal 0/Arbitrator 55. The society applauds the decision.to redraft the 48. Clause 44 (c) deals with the situation where the Arbitration Act. It is grateful to have been given the court may remove an arbitrator on the ground that he opportunity to present these submissions. We trust that is incompetent or unsuitable to deal with the dispute. you, Sir, will find them of assistance. It does not appear that there is any procedure provided The society would welcome the opportunity to dis­ in the Act where the arbitrator becomes physically cuss these submissions with you in greater detail at incapable of undertaking or continuing with the arbi­ your convenience. tration or where for some other reason he refuses to proceed with the arbitration. Further we suggest that Mr MACLELLAN-The Bill is part of a there may be cases where the court should impose national scheme. The Bill has had a long terms, including terms as to costs or as to the arbitra­ history of negotiations at national level. tor's remuneration, as a condition to a corollary of the There is a regrettable feature that a signifi­ removal of the arbitration. cant group within the Victorian community 49. We recommend that clause 44 be amended: of those who are concerned with the build­ (a) by the deletion of the word "or" at the end of ing disputes have not been properly con­ part (b) and by the insertion after the words "with the sulted. It is to be regretted that the expertise particular dispute" appearing in part (c) the following: that this group has was not available to the .. ;or Government earlier, considered by the Commercial Arbitration Bill 2 November 1984 ASSEMBLY 1865

Government in the preparation of the Bill On 11 September this year the Bill was and considered in the interstate discussions debated in another place where my col­ which have led to a co-operative effort by league, the Honourable Bill Baxter, said that all States to introduce law which is more in some of the arbitration procedures under evenly applicable right across Australia. the provisions of the House Builders Liabil­ The Opposition will not oppose the Bill, ity Act, the arbitrators by their actions, but I feel that those essential matters ought remarks and some of their decisions have to be brought to the attention of the House given the appearance of being somewhat during the second-reading debate. biased. It is hoped that those difficulties will not occur once the Bill is enacted. It is to be The Premier has been kind enough to hoped that the Government will be aware have departmental officers foreshadow to of the problems under that Act and that me the amendments to be moved by the those problems will not be repeated under Government and I shall delay my com­ the Bill. The National Party supports the ments on those amendments until the inev­ Bill. itable Committee stage. Mr CAIN (Premier)-I thank honour­ Mr McNAMARA (Benalla)-The Bill able members opposite for both their sup­ has had a long gestation. The forerunner to port and contributions to the debate. the Bill was introduced by the former Attorney-General in another place, the The motion was agreed to. Honourable Haddon Storey, in December The Bill was read a second time and 1981. As the Deputy Leader of the Opposi­ committed. tion said, the Bill is part of a national Clauses 1 and 2 were agreed to. approach to rewriting the commercial arbi­ tration procedures. The foundation for the Clause 3 Bill dates as far back as 1969, when the Mr CAIN (Premier)-I move: South Australian Law Reform Commission Clause 3, lines 6 and 7, omit "made after the com­ made these recommendations. Those who mencement of this Act" and insert "(whether made practise law in Victoria have faced prob­ before or after the commencement ofthis Act)". lems and expressed grave concern at the This deals with the position to which refer­ hearing of matters arising from commercial ence was made by the Deputy Leader of the disputes. It is hoped that the proposed legis­ Opposition during the second-reading lation will redress some of those problems. debate. The Government will not accept the The National Party supports the Bill but amendment that was made to the Bill in voices its concern at the arbitration system another place to remove any retrospective covering the House Builders Liability Act application of the proposed legislation. and the provisions under the Local Govern­ As the Bill stands, it relates only to agree­ ment Act. There has been much comment ments entered into after the proposed Act in the press by the Minister for Police and comes into effect. That is not acceptable. As Emergency Services-especially when he indicated, the Bill is in line with legislation was in opposition-on rectifying many of introduced in other States and retrospectiv­ the difficulties homeowners have faced in ity has been agreed as far as the Attorneys­ this area. General of all jurisdictions are concerned. Earlier today during question time, the It has taken ten years to achieve uniformity Minister for Local Government announced and there would be a strong reaction against the intention of the Government to proceed any breach of that uniformity. The concern with changes in this area to afford some at retrospectivity is a recent one. Indeed, relief. Those people involved under both the retrospective provision was contained the House Builders Liability Act and the in the Bill on which this was based and provisions to be encompassed by the Bill which was introduced by the former have faced problems created by the Scott v Attorney-General in 1981. The Bill is pro­ Avery case, the ramifications of which cedural and it will not affect substantive denied an appellant the opportunity to take rights; therefore, the concerns usually a matter to court if it had already been to expressed on retrospective provisions can­ arbitration. It is my hope that the Bill will not be said to apply in the same way. At any ensure that those affected in arbitration dis­ time prior to the commencement ofarbitra­ putes will be protected in this area. tion, and possibly during the hearing, the 1866 ASSEMBLY 2 November 1984 Commercial Arbitration Bill parties can agree to exclude the provisions understand why the Law Institute would of the Arbitration Act. The Act confers sub­ adopt such an opposite view. I do not know stantial benefits on parties, such as remov­ whether it is being bloody-minded, obscure ing the threat of legal proceedin~s in a or high principled, or whether the Premier's dispute which it has been agreed wIll go to explanation has been tried out and received arbitration. That tactic at present is used to that reaction. force a party with limited means to settle The Opposition will vote against the on what may be unfavourable terms. amendment, but will not call a division. It The last point to be made is that if we can does not accept that retrospective legisla­ attract international arbitration-there is a tion is a good principle and, despite the rea­ good prospect of that happening-it would sons advanced by the Premier, the be ludicrous to exclude the arbitrations that Opposition will agree with the Law Insti­ are already entered into. We believe a large tute's view until it receives a better expla­ potential market or $f0up of potential arbi­ nation on why the amendment should be trations may come Into this country from accepted. off-shore. There has been evidence of that Mr McNAMARA (Benalla)-The occurring in the United Kingdom where a National Party has a ~eneral policy of con­ considerable commercial arbitration juris­ cern about retrospecttve legislation. In this diction is being build up from off-shore. The case the Law Institute of Victoria has joined Government believes Victoria should take that concern. The National Party has the the opportunity on a national basis of a law gravest reservations about supporting the that enables us to attract that sort of com­ amendment of the Premier to introduce the merciallitigation into the country. For those provision for retrospectivity in the Bill. reasons the Government is proposing that Obviously, someone is right and someone the retrospectivity provision be inserted is wrong. Either the Law Institute, the back into the Bill. Premier or the Attorney-General in another Mr MACLELLAN (Berwick)-I was place is wrong. I am interested to hear the impressed with the explanation given by the argument of the Premier on this matter and Premier. I am curious as to why the Law why there seems to be a gulf between the Institute of Victoria has not been persuaded Government's stand and the institute's by it and why the Premier was not able to stand. No doubt the Premier has the highest tell honourable members what the insti­ opinion of the institute, being a former State tute's reaction to it was. If the explanation president of the institute himself. I am sure is so simple and convincing I am staggered he still has close contact and associations that the institute would not have appreci­ with the institute. Perhaps the Premier will ated the good sense of what the Premier be able to throw light on why there is this said. However, the Law Institute is not so difference of opinion. impressed with the argument ofthe Premier Mr CAIN (Premier)-I am not sure I can and is opposed to the proposal that the say any more than it is not just that the Law Premier has put to the Committee. The Institute was not persuaded by the argu­ institute is concerned that the proposal ments for the amendments I put forward; should not be retrospective. they were put as eloquently as I could put I wonder whether the Premier could them. It seems that the institute is con­ enlighten the Committee on what the cerned about retrospective legislation. It reaction of the Law Institute was when the considers the proposal as the thin end ofthe recent arguments that he put to the Com­ wedge. It is concerned about anything mittee were put to it and why it still touching upon the tax laws that may be appeared not to accept those arguments and re$arded as retrospective. I am advised that believes that retrospective legislation should it IS a policy stand and an arbitrary blanket not be implemented. Honourable members position on anything that smacks of being have a high regard for the views of the Law retrospective. I believe the arguments Institute. We have a natural aversion to ret­ advanced have been sufficiently answered. rospective legislation. I find it curious that The amendment was agreed to, as were a parties may agree to operate under the old verbal amendment and consequential rules while Parliament is invited by the amendments, and the clause, as amended, Premier to accept the amendment. I do not was adopted, as were clauses 4 to 19. Commercial Arbitration Bill 2 November 1984 ASSEMBLY 1867

Clause 20 Mr McNAMARA (Benalla)-I support Mr CAIN (Premier)-I move: the remarks of the Deputy Leader of the Opposition. He has outlined a very import­ Clause 20. lines 41 to 43. and page \0, line I, omit all words and expressions on these lines and insert: ant point about the words "unfairly dis­ advantaged" . If people are to be given "such leave where the arbitrator or umpire is compensation or assistance through arbi­ satisfied- tration, if they have been disadvantaged, (a) that the granting ofleave is likely to shorten the the fact that they have been disadvantaged length of the arbitration proceedings and reduce the should be the prerequisite. The word costs ofthe arbitration; or ··unfairly" is too wide. As the Deputy Leader (h) that the applicant would otherwise be unfairly of the Opposition says, it will open a field disadvantaged." . day for the legal profession. Perhaps with The reason for the amendment is to permit two legal practitioners, the Premier and the an arbitrator or umpire greater flexibility in Deputy Leader of the Opposition, this is determining whether to grant leave for a what they are both trying to achieve any­ party to be represented. It simply sets out way! That may be rather cynical, and I say slightly wider criteria. It moves towards a it purely in jest. situation where there is a likelihood of The point is sufficient that the words shortening the arbitration proceedings and "unfairly disadvantaged" are extremely reducing the costs and general criteria on vague and need clarification. A more appro­ which applicants might be unfairly priate drafting should have been presented disadvantaged. in the Bill, with all the expertise that the Mr MACLELLAN (Berwick)-I under­ Government claims to have in that area. I stand the situation that will apply is that expect the Premier will explain to the Com­ when parties agree to have legal representa­ mittee the purpose of the word ··unfairly". tion it will be all right, but when they agree The amendment was agreed to. not to have legal representation the arbitra­ tor will have a reserve power to make a Mr CAIN (Premier)-I move: grant of representation. The sorts of cir­ Clause 20, page 10, lines 6 to 9, omit all words and cumstances under which that may be expressions on these lines and insert: granted are when the umpire is satisfied, "such leave where the arbitrator or umpire is firstly, that the granting of leave is likely to satisfied- shorten the length and costs of the case and, (a) that the granting ofleave is likely to shorten the secondly, when the applicant would be length of the arbitration proceedings and reduce the otherwise unfairly disadvantaged. I am not costs of the arbitration~ or satisfied that Hunfairly disadvantaged" is an (b) that the applicant would otherwise be unfairly appropriate term. Legislation will probably disadvantaged-no be needed eventually to redefine that pro­ The amendment applies the same refine­ vision after the Supreme Court has dealt ment of wording to sub-clause (3) where t~e with it. I shall be delighted if anybody can qualifying words are, ··where but for thiS tell me what "unfairly disadvantaged" sub-section an arbitrator or umpire does not means to an arbitrator. have power to grant leave for a party to the I can understand what "disadvantaged" arbitration agreement". It picks up that means, but when preceded by ··unfairly", I situation and applies the same criteria as is can understand that the Supreme Court will the case under sub-clause (2). have a field day. If one of those inter­ The amendment was agreed to, and the national arbitration cases comes this way clause, as amended, was adopted, as were and there is the threat, as in the famous clauses 21 to 56. Rheem case, of Victoria becoming an inter­ national centre for arbitration; if Victoria Clause 57 was verbally amended and, as really does acquire a good centre one day, amended, was adopted, as were the remain­ this will be the sort of clause to provide a ing clauses and the schedules. picnic for the Supreme Court and lawyers The Bill was reported to the House with in trying to work out what "unfairly dis­ amendments, and passed through its advantaged" means. remaining stages. 1868 ASSEMBLY 2 November 1984 Subordinate Legislation Bill

SUBORDINATE LEGISLATION place with a private committee not funded (REVIEW AND REVOCATION) BILL with Government funds, not resourced with Government secretariat sources, but a pri­ The debate (adjourned from October 26) vate endeavour of the Opposition, one on the motion ofMr Cain (Premier) for the would expect more credit could have been second reading of this Bill was resumed. paid and less piracy attempted than this Mr MACLELLAN (Berwick)-The Sub­ Government has done under this Premier. ordinate Legislation (Deregulation) Bill, as it was originally known when introduced by Naturally, when the Bill was examined by the Honourable A. J. Hunt in the other the committee, amendments were sug­ place, has now become the Subordinate gested. I do not think the amendments went Legislation (Review and Revocation) Bill. to the basic principles of the Bill. I dare say The initiative for this measure was taken by one could be mildly suspicious about the the Honourable A. J. Hunt and a committee suggestion that the Bill should be renamed of private citizens who sought to draw because I suspect this has been done to give together the best international experience a rose a different name and to pretend even for the regulatory revocation and removal more that it is a Government Bill and to of unnecessary regulations. make it less obvious that it was an Opposi­ tion Bill introduced and passed in another The Bill had a rather strange career, in a place after examination by an all-party way, in that it was referred to the Legal and committee with a minimum number of Constitutional Committee and before that amendments made to it. committee the Government attempted to pirate the idea of the Honourable A. J. Hunt We have discovered at last that there can and, indeed, the piracy went so far, at the be a bipartisan approach to this problem. Government's expense, as to produce Gov­ Given that approach, it would have been ernment policy documents which even pur­ appropriate for the Government and the loin the schedule from the Honourable Premier to have been more generous in their A. J. Hunt's Bill and put all the work his acknowledgment of the work done by Mr committee has done and has now com­ Hunt, the initiative shown by the Opposi­ pleted in a Government policy document, tion and the approach to draw together the although that information had existed best of the work achieved in other areas. nowhere else. It was their own schedule that I refer particularly to British Columbia they had prepared. It was not copied from where, for a short time, a Ministry of De­ any other jurisdiction, although they bor­ regulation was established to specifically rowed from British Columbian, North attempt to dismantle the regulations that American and European experience. had grown up over many years and which Now, Victoria is receiving inquiries from were becoming a stranglehold on com­ the United Kingdom and from other parts merce, business and ordinary community of the Commonwealth for copies of the activities. measure because it represents the best le~s­ Parliament has had many initiatives in lation and the most appropriate legislatIOn the past. I hope I have never been guilty of for handling the regulatory review of regu­ pirating someone else's ideas without ack­ lations and the proper circumstances under nowledging the source. The work of all par­ which new regulations may be produced. ties in this Parliament over many years and The Premier's second-reading speech was the former Subordinate Legislation Com­ less than generous. The Opposition expected mittee have been excellent. The Bill sug­ of the Government-I know it has a nar­ gests that there was an opportunity of going row, miserable and, when it is playing poli­ further and that opportunity was to slow tics, highly political approach to these down the avalanche of regulations which matters and that generosity is not a streak head towards such a committee and burden which is widely represented either in the it by causing it to update and provide for Premier in these matters or the Govern­ the expiration of regulations regularly. In ment-to acknowledge the role of the other words, it could have provided for sun­ Honourable A. J. Hunt and his committee. set provisions for regulations so that they After all, the work having been done by are adjusted regularly and do not go on year the Leader of the Opposition in another after year. Subordinate Legislation Bill 2 November 1984 ASSEMBLY 1869

I should like to indicate the Opposition's committee can read my comments which wholehearted support for the proposed are reported at pages 4257 and 4260 of legislation and its belief that, having ini­ Hansard. tiated the Bill in another place, the Opposi­ Many of the members who formed part tion has played a constructive and positive of the new Legal and Constitutional Com­ role in the Parliamentary process. mittee of 1982 might have believed that the Mr JASPER (Murray Valley)-The review of regulations was a minor part of National Party supports the Bill, having the operation of that committee. Many reviewed it and considered its merits. The members might have considered it to be a Deputy Leader of the Opposition men­ mundane part of its responsibility. I have tioned that the Government had been less always had an interest in that area because than generous in its compliments to Mr I joined the former Subordinate Legislation Hunt in another place for the work he did Committee when I first entered Parliament in introducing the deregulation Bill. Mr in 1976. Many committee members now Hunt's Bill was referred to the Legal and realize the importance of re~ulations and Constitutional Committee for review and regulation-making powers WIth respect to the Bill before the House is the result of that the various Acts of Parliament. Bill and the recommendations of the The National Party is concerned about committee. the increasing number of regulations as a I am a member of the Legal and Consti­ result of recent legislation. The sub­ tutional Committee but I was not a member committee of the Legal and Constitutional of the sub-committee that examined the Bill. Committee has to deal with approximately The sub-committee worked hard to exam­ 500 regulations each year. The National ine the regulation-making powers and con­ Party is concerned about the power being sulted with interested parties and people passed from Parliament to the Executive. It who could provide relevant information. sees the bureaucracy having a greater say in The report of the sub-committee was pre­ the operation of the Government and the sented to Parliament during this sessional State of Victoria and Parliament having less period. It delved deeply into all aspects of power in the making oflaws within the State. regulation and regulation-making powers The upper echelons of the Public Service and made excellent recommendations, using are becoming more and more politicized as Mr Hunt's Bill as a base and drawing on the time passes. More and more decisions are experience of a large range of people with being taken away from the Parliament. It is interests in the subject. a matter ofGovernment by regulation rather Before the Deputy Leader of the Opposi. than legislation and the public servants are tion leaves the Chamber, I should like to dominating what will be contained in the point out the excellent work performed by regulations. the former Subordinate Legislation Com­ mittee, which was established in 1956. When The National Party would prefer that debating the subordinate legislation Bill more control is left with Parliament rather during the autumn sessional period, I than providing an extensive range of regu­ detailed the background of the committee's lation-making powers. The operation oft~e development, the work undertaken, the Acts is being left to the whim of the pubhc reports prepared and the important contri­ servants and to the Executive arm of bution it made to the operation of government. Parliament. The National Party supports the inclu­ I shall not detail the comments I made at sion of a sunset clause in this measure and that time about the work of the committee agrees with the recommendation of the and its recommendations about specific Subordinate Legislation Committee in 1980 changes. In 1980 the committee recom­ that an extensive consolidation of regula­ mended that a consolidation of regulations tions should be pursued, particularly those should take place, especially those regula­ regulations introduced prior to 1962. tions that had been operating prior to 1962 Many Government departments have not when the bound volumes of regulations bothered to bring the regulations up to date became available. Honourable members and, in fact, many departments have regu­ seeking information about the history of the lations that predate 1962. Those pre-1962 1870 ASSEMBLY 2 November 1984 Subordinate Legislation Bill regulations lost power with the passage of has accepted many ofthe recommendations the Subordinate Legislation (Revocation) contained in the report produced by the Bill in May of this year. Legal and Constitutional Committee, but There was a flurry of excitement in the so far as this part of the disallowance pro­ Health Commission because a large num­ cedures is concerned the Government indi­ ber of regulations which predated 1962 went cates that it is not prepared to follow the out of power. It was some weeks before new line suggested by that committee. I ask the regulations were produced. Many munici­ Minister to explain why the Government pal health inspectors and health surveyors has not accepted the recommendations of expressed concern that they could not work the committee. because the regulations had no power. I now refer to the preparation and mak­ The Bill is the result of a Bill produced by ing of statutory rules. I note the extension Mr Hunt in another place and the work of of the powers of the Legal and Constitu­ the Legal and Constitutional Committee tional Committee to investigate regulations reviewing Mr Hunt's Bill. It is easy to see and ensure that they are within the from an examination of the proposed legis­ powers-- lation the impact ofMr Hunt's Bill. Mr McNAMARA (Benalla)-Mr I express concern about some areas of the Speaker, on a point of order, I wish to draw proposed le~slation. I refer to section 6 of the attention of the honourable member for the Subordinate Le$islation Act and the Murray Valley to the time. additions to it con tamed in clause 6 of the The SPEAKER-Order! I am not sure Bill which provide for the disallowance of whether that is a point of order or whether regulations. In the past, regulations have had I should accept that as an observation and to be disallowed within a specific period and advise the honourable member for Murray set out in section 6 of the Subordinate Valley that the time is progressing. Legislation Act. This provision has now Mr JASPER (Murray Valley)-Mr been added to by a specific amendment to Speaker, I am well aware of the time, but I section 6 of the principal Act. draw to the attention of the honourable The Minister will now have the ability to member for Benalla that he has only been a suspend legislation. As I read the Bill, it member of this Parliament since 1982 and goes further than that. I ask the Minister to he needs to listen carefully to the develop­ state whether the Minister can disallow a ment of the subordinate legislation. regulation. It appears that the Minister can Rather than read my speech on the devel­ suspend a regulation but it would still need opment of subordinate legislation in detail, to come back to both Houses of Parliament I refer the honourable member for Benalla to disallow a regulation. to the speech made on 2 May 1982 during It is interesting that the Legal and Consti­ the debate on the Subordinate Legislation tutional Committee recommended that sec­ (Revocation) Bill. His education would be tion 6 of the principal Act be changed so improved. that instead ofan offending re$ulation being disallowed the regulations which were to be I also refer to the speech made by the approved should be affirmed by the Parlia­ honourable member for Benalla earlier this ment. The British Parliament operates evening. He did not seem to be worried under a system of affirming specific about the time then. regulations. The SPEAKER-Order! That is not rele­ The Government has continued with the vant to the Bill. disallowance procedures contained in the Mr JASPER-Of course it is not rele­ Subordinate Legislation Act but has added vant. I do not think many of the comments powers which have been extended to sus­ made by the honourable member for Ben­ pend the regulation and also give the Min­ alIa at that time were relevant. ister power to suspend the regulations. It is The regulation-making powers contained interesting to note the change in the method in this measure are most important to Par­ of operation by the Government. liament. There are many members of the In his second-reading speech, the Minis­ Legal and Constitutional Committee in the ter clearly indicates that the Government House now who are interested in this issue. Subordinate Legislation Bill 2 November 1984 ASSEMBL Y 1871

Members of the National Party believe by the committee, the proposed legislation that this Bill is important in relation to now requires social as well as financial examining regulations and regulation-mak­ impact considerations in the Regulatory ing powers. We will be watching the pro­ Impact Statement. I congratulate the posed legislation carefully and with a great Attorney-General and the Premier for their deal of interest. The National Party sup­ broad shoulders in endorsing the bulk of the ports the sunset clause which provides for a changes recommended by the Legal and ten-year period for regulations to be Constitutional Committee. I thank each reviewed. member of the committee for playing a role Mr GRAY (Syndal)-I commend the in the report and the proposed legislation. honourable member for M urray Valley for I hope the Government will take up the his hard work and energetic endeavours as recommendation of the committee that a a members of the Legal and Constitutional codification of all subordinate instruments Committee and I indicate my general sup­ should occur so that subordinate instru­ port for his remarks. ments not falling within the Subordinate The Deputy Leader of the Opposition was Legislation (Revocation) Act cannot be used a little too sneering and superficial in his as a vehicle to prevent the operation ofReg­ comments and was unfair to the Legal and ulatory Impact Statement requirements. Constitutional Committee and the Govern­ The motion was agreed to. ment. There is a point to the change in title of the proposed legislation as it reflects The Bill was read a second time and changes within the body of the Bill recom­ committed. mended by the committee and accepted by Clauses 1 to 4 were agreed to. the Government. The principal change is Clause 5 that the Bill now reflects a greater concern Mr CAIN (Premier)-I move: and awareness for the social costs of regu­ lation and does not concentrate simply on Clause 5, page 3, line 13, after this line insert the financial aspects. following: "(4) Where a statutory rule is revoked by virtue of I shall quote from a book entitled Dis­ this section any statutory rule which amends that sta­ mantling America. The Rush to Regulate by tutory rule and any provision in a statutory rule which S & M Tolchin. At page 5 it states: is a provision that amends that statutory rule shall also In a highly technological society such as ours, the be revoked.". need for increased regulation is manifest. It is incon­ The amendment ensures that spent amend­ ceivable to think of "lessening the regulatory burden," rules are also revoked when as some put it, at a time when private industry has the ing statutory power to alter our genes, invade our privacy. and the principal rule is revoked pursuant to destroy our environment. A single industrial accident this clause. There was some doubt whether in the 1980s is capable of taking a huge toll in human the amending statutory rules were also life and suffering. Only the government has the power picked up. to create and enforce the social regulations that protect Mr MACLELLAN (Berwick)-The citizens from the awesome consequences of technology Opposition supports the proposed amend­ run amuck. ment. It complements and rounds off the Some people, particularly those on the right proposals originally embodied in the Bill of politics, have chosen to use the deregula­ for the revocation of parent rules and car­ tion bandwagon as an attempt to get rid of ries that process into the amending rules or all regulations, whether or not they are ones that depend upon the original one. It socially useful. The Legal and Constitu­ is a sensible provision. tional Committee tried to ensure that the Bill more accurately reflected the consensus The amendment was agreed to, and the position that exists in Australia, which is clause, as amended, was adopted, as was remarkably different from the develop­ clause 6. ments experienced in the United States of Clause 7 America under Ronald Reagan. Mr CAIN (Premier)-I move: All the evidence the committee heard Clause 7, page 4, lines 8 and 9, omit "Sales Branch supported the concept of regulation and as of the Government Printing Office" and insert "Vic­ a result of certain insertions recommended torian Government Bookshop". 1872 ASSEMBLY 2 November 1984 Subordinate Legislation Bill

The proposed amendment inserts the cor­ might mean, that certificate to the Gover­ rect reference to the bookshop. nor in Council, to accompany a regulation The amendment was agreed to, and the or the creation of a regulation, will be a clause, as amended, was adopted. publicly available document. Clause 8 I also ask the Premier to explain to the Mr CAIN (Premier)-I move: Committee the circumstances in which he Clause 8, page 6, line 6, after this line insert the would, as Premier of the day, believe it was following: appropriate to give a certificate. I do not "(3) It shall not be necessary to comply with sub­ believe "fast track" is a sufficient descrip­ section ( I) if- tion ofwhat is intended. The Premier should (a) the Premier certifies in writing that in the indicate to the Committee the circumst­ Premier's opinion in the special circumstances of the ances in which he might be persuaded to particular case the public interest requires that the pro­ give a certificate in terms of the proposed in posed statutory rule should be made without comply­ the amendment. ing with sub-section (I); and Mr JASPER (Murray Valley)-The (b) a copy of the certificate is submitted with the proposed statutory rule to the Governor in Council." . National Party supports the amendments as proposed by the Premier. The amend­ Clause 8, page 6, line 13, omit "sections 12 and 13 (I)" and insert "sub-section (1)". ments deal with the impact statement, the fast track and the production of some regu­ Proposed amendment No. 4 is a numbering lations which are exempted from the and word alteration consequent upon pro­ requirements that may be proposed in posed amendment No. 3. The purpose of the proposed amendment No. 3 is to require earlier parts of the section. I criticize the a separate certificate for exemption from the way the amendments have been brought reg~latory impact statement required in new into Committee. It is typical of some of the sectIOn 12 and for the requirement to obtain legislation that has been introduced this the advice required for new section 13. In session. Massive amendments have been some cases it may only be necessary to brought before the Committee in various exempt from one of the requirements, but Bills. The Premier had the amendments this would not be possible under the present earlier in the evening and one would have draft of the Bill. The proposed amendment thought it would be courteous of him to will I?rovide ~r~ate~ flexibility for the provide those amendments to members of Premier admlnlstenng what might be the Opposition and the National Party so termed the "fast track" provisions. they could look at them beforehand and put The change is consistent with recommen­ them into place not only in the Bill but in dations of the report by the Legal and Con­ the Act. Mr Acting Chairman, with due stitutional Committee which endorsed the respect to you, the first amendments were "fast track" approach and it makes it clearer moved before I had even received copies of that ~h~re is a way through these exemption them. provIsions. The Premier, with his legal training, may The ACTING CHAIRMAN (Mr Kirk­ be able to fit the amendments into place wood)-I advise the Committee that with­ more quickly than others. out asking its permission, I was prepared to accept the Premier moving proposed Mr CAIN (Premier)-I should have amendments Nos 3 and 4 because I believed thought the certificate to which reference both were related. I omitted to ask the per­ was made would be public, but I doubt mission of the Committee and I hope the whether the documents upon which it would Committee agrees with what the Premier be based would be public. It is unfair to has done. suggest that I or future Premiers should seek to anticipate what could be· regarded as Mr MACLELLAN (Berwick)-I ask the Premier whether the certificate to be sub­ special circumstances at this time. It would mitted to the Governor in Council will be a be considered on its merits whether it satis­ public document in all circumstances so that fies the requirements of that carefully when the Premier provides a certificate as drafted sub-section. he puts it, for ~~a fast track", whatever that The amendments were agreed to. Penalties and Sentences Bill 2 November 1984 ASSEMBLY 1873

Mr CAIN (Premier)-I move: the business is finished. Under the circum­ Clause 8. page 6, line 15, omit "his" and insert "the stances the comment was insensitive. I have Premier's". no hesitation in saying that I find it annoy­ ing at 12 o'clock at night to have a comment One could say that is a sexist term at this such as that thrown across the House when time. one has not even started talking about the The amendment was agreed to. merits or demerits of the Bill. The problem Mr CAIN (Premier)-I move: that confronts the Government in the Clause 8, page 9, proposed Schedule 2, paragraph I, administration of the present system is that omit "social and economic" and insert "financial and the prison population had reached a crisis social". level. The remedies that are open to the Government are that it can build more pris­ This amendment and the following two ons or reduce the number of candidates for amendments are drafting amendments to prison places. The object of the Bill is clearly provide for consistency in the language used to effect the second of those objectives. The in"the schedule and they arise out of amend­ Bill seeks to reduce the prison population ments moved in another place and ensure as an answer to a prison crisis. The ration­ that the schedules use the same language as ale is that prison should be reserved for the Act itself. Honourable members can see those who commit serious crimes and the effect of that on page 9, the second line should not be used as a method of enforcing under the sub-heading HStatutory Rules" in other penal sanctions, save in exceptional paragraph 1. circumstances, and that is a legitimate The amendment was agreed to. rationale. Mr CAIN (Premier)-I move: The Bill does little more than give legal Clause 8. page 11. proposed Schedule 3, paragraph effect to the principle that the courts have 3. omit "monetary" (where first occurring) and insert been applying almost universally for many "financial". years. Courts have, for as long as members Clause 8, page 11, proposed Schedule 3, paragraph of this Parliament can remember, taken into 3, omit "monetary" (where second occurring) and insert account when fixing penalties, the means of "financial". people appearing before the courts. These two amendments make the language The defects in the Bill are that it is un­ more consistent. necessarily complicated and confusing. If anything, It is fussy. It unnecessarily restricts The amendments were agreed to, and the the judicial discretion and provides a fertile clause, as amended, was adopted. ground for experienced persons appearing The Bill was reported to the House with before the courts-in the sense of those amendments, and passed through its having been there more times than once­ remaining stages. to abuse the system. In effect, it is an open invitation-to use the expression of an old PENALTIES AND SENTENCES lag-to use and abuse the system. (AMENDMENT) BILL (No. 2) The operation of the Bill will place a fur­ The debate (adjourned from October 4) ther strain on the courts system, particu­ on the motion of Mr Jolly (Treasurer) for larly the Magistrates Court system, which is the second reading of this Bill was resumed. already grossly overloaded, particularly since the disqualification of honorary jus­ Mr MACLELLAN (Berwick)-The tices from the bench. Magistrates are under Opposition does not oppose the Bill. The pressure in all local courts and the Bill will comment HNo sneering comments this further burden, delay and protract the crim­ time" was uncalled for. inal justice process in those courts. The Bill The SPEAKER-Order! All honourable fails to provide the courts with viable sent­ members are tired and I advise the Deputy encing alternatives to those penalty options Leader of the Opposition to ignore which are currently available. interjections. I shall outline the provisions of Part 1A. I Mr MACLELLAN-If other honour­ would rather deal with the clauses now than able members have difficulties, they can go during the Committee stage-I shall give a somewhere else in the House and wait until Hbroad brush" of the clauses during the Session 1984-68 1874 ASSEMBLY 2 November 1984 Penalties and Sentences Bill second-reading debate. Clause 138 does no the benefits of this Bill long before they are more than reflect the current practice in the felt by the rest of the community. courts and is unlikely to have any signifi­ No reference is made to the amount of cant effect. Clause 13c is sensible but it unpaid work appropriate in any given case would m~ke more sense ~f the magistrates nor to any consideration about the suitabil­ were requIred to state theIr reasons in open ity of the offender for such an order nor to cou'"! at the time of passing sentence. It may the availability. of proper supervision. Again, reqUIre an enlargement of the court record­ the old lags WIll be delighted. ing facilities and will be an added financial burden. Clause 13s seems to indicate that not only w!ll the ¥~gist~tes Courts be clogged up Clause 13E is, to say the least, unneces­ WIth admInIstratIon of these provisions but ~ry. Courts have always followed the prac­ also the County and Supreme Courts. One tIce-:-and no doubt always will-of can envisage a situation where the deter­ consIdering the financial circumstances of mined old lag will be able to postpone his an offender in determining a monetary pen­ "sentence in default" almost indefinitely­ alty. ~~ause 13F.relat~s to the "time to pay" certainly for years. prOVISIon contaIned In clauses 130 and 13H a~d is unnecessarily complicated. Why not Honourable members can draw their own sImply extend the provisions of section 82 conclusions about the Bill. It may be fairly of the Magistrates (Summary Proceedings) assumed that the vast majority of offenders Act 1?7?? The question is legitimate and who are fined pay their fines. Those who the MIOlster should respond to it. will not pay must be dealt with in another way. Those who cannot pay must be given The use of the word "shall" in clause every opportunity of doing so or be dealt 13F (I) (a) unduly fetters the sentencing dis­ with in some other way. These are not new cretion of courts. An instalment order may problems and whatever sentencing options be wholly unnecessary, although it may be are available, a proportion of those who are requested by the offender. One could imag­ fined will end up in prison. The real diffi­ ine a mil~i~naire being fined $20 yet, under culty is that there are few viable alternatives the provIsIons of the clause, an instalment to a period of imprisonment or a fine. I order may be required; furthermore that is submit to the House that urgent attention not in line with the use of the word' "may" should be given to strengthening the Vic­ in sub-clauses 13H (1) and (4). torian probation service. Clause 13K is a provision that will either not be used or will cause unnecessary strains . In England.' probation officers provide ~nvaluable aSSIstance to the sentencing court and delays in the court system. That could In a number of ways. Largely it is due to the be overcome by requiring an affidavit of strength of their profession that the com­ meal!s t~ be filed, together with any of the applIcatIons referred to in clause 13H. munity service order, the suspended sen­ Clause 13L provides that a defaulter must tence supervision order, probation orders be brought before a court, but does the Bill with conditions of residence at a probation contemplate that this provision will be hostel and probation orders simpliciter are implemented by the Supreme and County viable sentencing options. Courts as well as the Magistrates Courts? The Opposition suspects that the Bill will There must be a way of streamlining both ~o ~o more than delay the process of the drafting and the procedure. The onus Impnsonment after default. As to the rest should be on the offender to "show cause" of the Bill, there does not appear to be much not on the court to inquire. ' on which to comment. The increased flexi­ Sub-clause (10) of the same provision is bility in the making of attendance centre unfair to the offender who has the means to and probation orders is sensible but the pay a substantial fine. The penniless offender provisions could usefully be carried much escapes initially with a small fine because further. the appropriate fine will be reduced accord­ It would not be difficult to provide for ~ng to his financial circumstances. Accord­ suspended prison sentences, sentences that Ingly, he faces a reduced term of are to be partially suspended, coupled with imprisonment in ~efault, though his default a period of service at an attendance centre, may be totally wIlful. The old lags will see or suspended sentence supervision orders. Penalties and Sentences Bill 2 November 1984 ASSEMBLY 1875

These options are more likely to reduce the payments as one would impose on the mil­ prison population. They still maintain the lionaire earning a substantial remunera­ sentencing tariff at a level which is accept­ tion, the deterrent effect of that penalty on able to the community. I believe the public each offender will be different. can readily accept that an offender will not I doubt whether anyone would disagree serve his term of imprisonment unless he with that. It is important to deter people "does it again~~ but feels the legal system has . from committing offences. failed them when an offender "gets oft" with One should take account of the reserva­ some other order such as the community tions expressed by people who believe the service order, which may cause the offender imposition of these sorts of considerations more difficulties. by a magistrate is an invasion of privacy. It Difficulties are envisaged with the pro­ is to be hoped that consideration of income posed legislation. I suggest that at a more in determining fines will be given only on appropriate moment the Minister for Com­ the basis of consent by the defendant. In munity Welfare Services might well exam­ such a case there can be no invasion of pri­ ine the remarks I have made during the vacy because the defendant is protected by second-reading debate with a view to future having the option of refusing consent, thus careful consideration of the matter. protecting either himself or herself. Mr McNAMARA (Benalla)--The aim of The counter argument was implied by the the Bill is to reduce the prison population honourable member for Murray Valley, who by reserving available places in prisons for asked why should someone who has strived criminals who have committed more hei­ hard to earn a substantial income be penal­ nous and serious crimes. The comments by ized over and above someone who has not the Deputy Leader of the Opposition were been an achiever. I take note of that argu­ interesting, especially his references to "old ment. However, pecuniary penalties are lags" and experienced criminals who can aimed at providing a deterrent. It is import­ make the system work for them. I hope the ant that one take cognizance of the imposi­ Minister will pay particular attention to the tion of a monetary penalty. real concerns expressed and which Under the current high level of unem­ obviously exist. The National Party sup­ ployment, penalties are often levied on those ports the Bill. people who can least afford to pay and, if Mr KEMPTON (Warrnambool)--At this they cannot afford to pay, they go to gaol. late hour of 5 minutes past 12 midnight on There is an unemployment rate of 10 per Saturday morning, I should like to briefly cent in the Warmambool area and, unfor­ comment on the Bill. The general thrust of tunately, a substantial number of those the 'proposed legislation will be welcomed unemployed are young persons, which is to by all parties in the House and by the com­ be regretted. Recently I was approached on munity. The thrust of the measure is to the matter by representatives of the Port ensure that incomes are taken into con­ Fairy Community Youth Support Scheme, sideration when monetary penalties are which is one of the three Community Youth being imposed as well as the capacity of the Support Schemes in the area I represent. offender to pay those penalties. That is sig­ There are two other Community Youth nificant because the Bill will enshrine in Support Schemes; one at Warmambool and legislation a practice which has been fol­ one at Terang. lowed by the courts-as mentioned by In conclusion, I should like to read the earlier speakers-for some time. letter that I received from the Port Fairy The provisions contained in the Bill are Community Youth Support Scheme significant because they look to the philos­ because it highlights the problem which ophy of the imposition of a monetary pen­ hopefully the Bill seeks to overcome. The alty according to one's ability to pay. Clearly letter is dated 17 September this year and it is to be a deterrent. There is no point in addressed to the Attorney-General in having deterrents if they affect different another place. That letter states: people in different ways. For example, if I am writing to bring to your attention provisions of one levies the same monetary penalty upon the Motor Car Act relating to offences for riding a an unemployed person in receipt of dole motorcycle unregistered, unlicensed, unroadworthy, 1876 ASSEMBLY 2 November 1984 Penalties and Sentences Bill and uninsured. The Act provides for a range of fines to Obviously a mistake has been made and I be imposed by the magistrate. Unfortunately, there is will regard it as such and say I will listen no other provision which permits the magistrate to be with great interest to the explanation of the lenient. The magistrate appears to be locked into the Minister. However, the Minister should fines structure. provide the explanation at an appropriate A young unemployed person in Port Fairy is facing pace of speech and in appropriate detail to charges as mentioned above. Whilst there is no dispute that he broke the law, he is obviously unable to pay the allow the Committee to appreciate the fines, the minimum in his case being $1100. What is meaning of the amendments. an unemployed youth to do, run away interstate and The amendment was agreed to. exacerbate the issue or go to prison? The law in the case of an unemployed person, unable to pay fines is Mrs TONER (Minister for Community harsh justice. Do you have any plans to amend the Act Welfare Services)-I move: to allow magistrates greater flexibility in deliveringjus­ Clause 4, page 8, line 27, omit "for an oral examina­ tice to individuals where they cannot pay fines and tion" and insert "before the court". already live below the poverty line? Clause 4, page 8, line 31, omit "oral examination" I look forward to an early reply from yourself. and insert "financial circumstances of the offender". I hope the Bill has a speedy passage through Clause 4, page 9, line I, omit "for an oral the Parliament, given the late hour. How­ examination" . ever, it is all very well to have proposed I apologize to the Deputy Leader of the legislation such as this, but it is the practice Opposition because I thought he had a copy and implementation of such proposed legis­ of the amendments which arise out of mat­ lation that is important. The Bill, when ters that were brought to the attention of passed, would be carefully scrutinized to ensure that its principles are fully effected. the Attorney-General in another place. Mrs TONER (Minister for Community Mr MACLELLAN (Berwick)-The Welfare Services)-I thank honourable Opposition welcomes the amendment to members for their remarks and indicate that remove the mandatory oral examination. some of the matters raised will be addressed As the Minister would be aware, there could in the review which is at present being be embarrassment caused by that, which was undertaken. I have noted the sensible sug­ a matter ofconcern to the Opposition, which gestions made on the administration of is pleased that the changes have been made. sentences. The amendments were agreed to. The motion was agreed to. Mrs TONER (Minister for Community The Bill was read a second time and Welfare Services)-I move: committed. Clause 4, page 9, lines 3 to 5, omit all words and Clauses 1 to 3 were agreed to. expressions on these lines. Clause 4 The amendment is to make it clear that the contemplated oral examination regarding Mrs TONER (Minister for Community the financial circumstances of the offender Welfare Services)-I move: is not mandatory. It addresses the concern Clause 4, page 8, lines 23 to 25, omit all words and of the Opposition in this regard. expressions on these lines and insert: The amendment was agreed to. U(b) the court is of the opinion that it is desirable that the offender be present before the court on the Mrs TONER (Minister for Community hearing ofthe application-". Welfare Services)-I move: The purpose of the amendment is to ensure Clause 4, page 12, after line 17 insert: that the contemplated oral examination on "(16) The provisions of sections 12, 15, 16, 99 and the financial circumstances of the offender 108 ofthe Magistrates (Summary Proceedings) Act 1975 is not mandatory. This matter was raised with respect to warrants of commitment for the recov­ by the Opposition in another place and it ery of penalties imposed in proceedings before justices will be addressed by the amendment. or Magistrates' Courts and to the payment or part pay­ ment thereof shall, so far as those provisions are appli­ Mr MACLELLAN (Berwick)-This is cable and with such modifications as are necessary, the first time I have seen the amendment extend and apply with respect to warrants of commit­ and I am surprised that the Government is ment issued under this section for the recovery of mon­ introducing amendments at 12.20 a.m. etary penalties imposed in proceedings before the Fisheries (Reciprocal Licences) Bill 2 November 1984 ASSEMBLY 1877

Supreme Court or the County Court, and in particular HEALTH (RADIATION SAFETY) BILL with the following modifications, namely: The message from the Council relating to (a) Any reference in those provisions to a warrant the amendments in this Bill was taken into shall be read and construed as if it were a reference to a warrant issued under this section; consideration. (b) Any reference in those provisions to a fine or Council's amendments: other sum adjudged to be paid under. a conviction or l. Clause 5, line 12, omit "31 December" and insert order of a Magistrates' Court or justice or justices shall "30 June". be read and construed as if it were a reference to a 2. Clause 6, line 26, omit "radio-active substance" monetary penalty adjudged by the Supreme Court or and insert "prescribed class". the County Court to be paid; Mr ROPER (Minister of Health)-I (c) Any reference in those provisions to a Magis­ move: trates' Court shall be read and construed as if it were a That amendment No. 1 be agreed to with the follow­ reference to the Supreme Court or the County Court ing amendment: (as the case requires); and Omit "June" and insert "September". (d) Any reference in those provisions to a clerk of a Magistrates' Court shall be read and construed as if it The reason for the amtndment is that a Par­ were a reference to the Prothontary or the registrar (as liamentary committee has recently reported. the case requires).". In my view, and hopefully in the view of other members, that report will take some The effect of the amendment is to maintain time to work through to ensure that its the existing law which permits a reduction effects are made the most of. It conducted a in the period of imprisonment for non-pay­ detailed inquiry and produced a detailed ment of a fine where there is part payment. report. For that reason, the Government There will be a reduction in the fine payable has suggested to the other parties that rather on account of the time already served in than June, which may be a bit tight because prison. These were matters that were raised of other events of which honourable mem­ by the Opposition in another place, and the bers are aware, September would be the amendment addresses that concern. appropriate date. That gives adequate time The amendment was agreed to, and the for the Government to ensure that when the clause, as amended, was adopted, as were Bill is returned, the Parliamentary commit­ the remaining clauses. tee report is taken fully into account. Mr LIEBERMAN (Benambra)-The The Bill was reported to the House with Opposition agrees with that course of action. amendments, and passed through its Hopefully, next year the Kennett Govern­ remaining stages. ment will be able to provide effective means FISHERIES (RECIPROCAL of making decisions on this matter which will not involve the heavy-handed bureau­ LICENCES) BILL cracy which is presently involved in this The debate (adjourned from October 24) area under discussion. on the motion of Mr Cathie (Minister for The motion was agreed to. Industry, Commerce and Technology) for Mr ROPER (Minister of Health)-I the second reading of the Bill was resumed. move: Mr LIEBERMAN (Benambra)-The That amendment No. 2 be agreed to. Opposition does not oppose the Bill. It has The motion was agreed to. the effect of removing section 18 from the Fisheries Act, which provided for recipro­ It was ordered that the Bill be returned to cal licences between States. The provision the Council with a message intimating the has had quite a history which was well can­ decision of the House. vassed in another place and, in view of the HEALTH (GENERAL AMENDMENT) time, I wish it a speedy passage. BILL The motion was agreed to. The message from the Council relating to The Bill was read a second time, and the amendments in this Bill was taken into passed through its remaining stages. consideration. 1878 ASSEMBLY 2 November 1984 Chinatown Historic Precinct Bill

Council's amendments: with the association would continue to I. Clause 19, omit this clause. ensure that the amendments to the Bill were 2. Insert following new clause to follow clause 18: adequate so far as both the Government and the association were concerned. Amendment of section I 79-private hospitals. The amendments before the House are 'AA. In section 179 of the Principal Act- the result of extensive discussions that (a) for sub-section (6) there shall be substituted the occurred between the Private Hospitals following sub-sections: Association of Victoria and officers of the "(6) A private hospital, however classed, may be Health Commission. I commend the registered- amendment to the House. (a) for a total number of beds for the accommoda­ Mr LIEBERMAN (Benambra)-The tion of persons at that private hospital; and Opposition is pleased with the amend­ (b) for a specified number or numbers of beds for ments. They will have the positive effect of persons receiving care of a prescribed kind of kinds in bringing about ac~eptance o.f propose~ that private hospital. le$islation by the Pnvate Hospitals AssOCI­ (6A) The Commission may, upon application by the ation of Victoria which represents about 30 proprietor of the private hospital or in its discretion- per cent of Victoria's hospital beds. The (a) alter the total number of beds for which a private Opposition has a few misgivings still about hospital is registered; or the way in which the law presently deals (b) alter the number or numbers of beds for persons with those matters, but the next Kennett receiving care of a prescribed kind or kinds for which Liberal Government will deal effectively it is registered. with those matters. (68) The Commission may, after consultation with the proprietor of a private hospital, vary, revoke or The motion was agreed to. add to the prescribed kind or kinds of care in respect Mr ROPER (Minister of Health)-I of which the private hospital is registered."; and move: (b) in sub-section (8) for the words preceding para­ That amendments Nos 2 and 3 be agreed to. graph (a) there shall be substituted the words "Before making a determination upon an application for regis­ The motion was agreed to. tration, or renewal of registration, or for transfer of CHINATOWN HISTORIC PRECINCT registration to another person or to other premises, or making a decision under sub-section (5), (6A) or (68), BILL the commission shall (as the case requires) inquire into The message from the Council relating to and take into consideration-". the amendments in this Bill was taken into 3. Insert the following new clause to follow clause consideration. 24: Council's amendments: Amendment of section 387. I. Clause 7, page 5, line I, omit "the" (where first 06 . After section 387 (I) of the Principal Act there 88 occurring). shall be inserted the following sub-section: 2. Clause 14, omit this clause. "( I A) Where the Commission makes a decision under section 179 (5), (6A) or (68) affecting a private 3. Clause 19, omit this clause. hospital (otherwise than on the application of the pro­ 4. Clause 20, page 12, line I, after "may" insert prietor of the private hospital), the proprietor of the "upon the recommendation of the Committee". private hospital may, within one month after the deci­ 5. Clause 21, lines 24 to 26, omit "for the purposes sion, apply ex-parte to a judge of the County Court for of defraying wholly or in part the costs of carrying out an order calling upon the Commission to appear before any work or alteration or decoration directed to be a judge of the County Court nominated by the Chair­ carried out under section 14" and insert "as provided man of judges of the County Court on a day and at a time named in the order and to show cause why the in section 14 (2)". decision is made," '. 6. Insert the following new clause to follow clause Mr ROPE,R (Minister of Health)-I 13: move: Conservation and enhancement of the precinct. That amendment No. I be agreed to. 'A. (I) Upon the recommendation of the Committee, the Council may in writing request the owner of any When the matter was last before the House, land abutting or within the precinct to carry out works undertakings were given by the Govern­ to or alter or decorate the land or any building or other ment, as they had been given to the Private structure permanently affixed to the land in order to Hospitals Association, that its negotiations render the external appearance of the land or building Chinatown Historic Precinct Bill 2 November 1984 ASSEMBLY 1879 or structure consistent with the character of the pre­ "section 19 of the Chinatown Historic Precinct Act cinct, but nothing in this Act shall be deemed or taken 1984"; and to require the owner to carry out the works or altera­ (ii) for sub-section (4) there shall be deemed to be tion or decoration. substituted the following sub-section: (2) For the purposes of sub-section (1), a grant or "(4) Lump sum payments received by the council loan from the Fund may in accordance with section 21 pursuant to this section shall be paid into the China­ be made to defray wholly or in part the costs of carry­ town Historic Precinct Fund under the Chinatown ing out any works or alteration or decoration. Historic Precinct Act 1984."; (3) For the purposes of sub-section (I), the Council (c) In section 290 of the Local Government Act may upon the recommendation of the Committee 1958- issued guidelines in relation to works to or alteration or decoration ofland or any building or other structure (i) in sub-section (48) for the words "the municipal permanently affixed to land and any such guidelines fund" there shall be deemed to be substituted the may in~lude recommendations as to materials colours expression "the Chinatown Historic Precinct Fund and finishes. under the Chinatown Historic Precinct Act 1984"; and (4) Where pursuant to any Act or any regulation (ii) in sub-section (5A) (a) after the expresssion "sec­ rule by-law order scheme or other instrument made tion 294" there shall be deemed to be inserted the pursuant to any Act the Council receives any applica­ expression "or section 18 of the Chinatown Historic tion for permission or approval for the carrying out of Precinct Act 1984"; any works to or the alteration or decoration or any (d) In section 291 (2) and (3) of the Local Govern­ land abutting or within the precinct or any building or ment Act 1958 for the words "for such purposes" there other structure permanently affixed to any such land, shall be deemed to be substituted the expression "for the Council shall if practicable refer that application to the purposes of the Chinatown Historic Precinct Act the Committee for the Committee's comments before 1984"; and the Council makes any determination in relation to that application. (e) In section 294 (3) of the Local Government Act 1984 for the words "the works and undertakings" there (5) The Committee shall send any comments on shall be deemed to be substituted the words "the any application referred to it under sub-section (4) to purposes". the Council within 21 days after the application was referred. (3) Notwithstanding anything to the contrary in the Local Government Act 1958, section 298 of that Act (6) In this section, "owner" means the person for shall apply to and in relation to a rate under sub-sec­ the time being entitled (whether on the person's own tion (I).'. account or as the agent of the trustee for any other person) to receive or who ifthe land were let to a tenant Mr WILKES (Minister for Local Gov­ at a rack-rent would be entitled to receive the rack-rent ernment)-I move: thereof.'. That the amendments be agreed to. 7. Insert the following new clause to follow clause 18: Mr LIEBERMAN (Benambra)-The Separate rates. Opposition is pleased that the Government 'AA. (I) Upon the recommendation of the Commit­ has accepted the amendments that were tee, the Council may for the purpose of collecting money moved by my collea~ue, Bruce Chamber­ to be applied for the purposes of this Act make and lain, the shadow Minister in another place. levy a rate in respect of rateable property within the The amendments will have the effect of meaning of the Local Government Act 1958 which overcoming the dictatorial approach of the abuts the precinct or is on the land bounded by the original provisions. This will be a positive streets referred to in section 4 (I) (b) (i) (ii) (iii) and incentive to the owners of the exciting and (iv). (2) A rate under sub-section (1) shall be a separate vibrant section of Melbourne and continue rate within the meaning of the Local Government Act to develop Chinatown as a place to attract 1958 and the provisions of that Act (other than sec­ tourists and provide entertainment and fine tions 277 to 280, 281, 288A (1), 291 (1), 292, 292A and food. 293A) and any other Act which relate to separate rates The other amendment that was sought by and apply to the City of Melbourne shall extend and apply to that rate with the following modifications: the Opposition in another place will deter­ (a) In sections 283 and 287 (b) of the Local Govern­ mine the rates in the area in line with the ment Act 1958 the words "the prayer of the petition Local Government Act provisions rather or" shall be deemed to be deleted; than the differential rating system originally (b) In section 289A of the Local Government Act proposed that would not have worked and 1958- which would have acted as a deterrent to (i) in sub-section (I) for the words "this Division" the successful development of Chinatown. there shall be deemed to be substituted the expression The motion was agreed to. 1880 ASSEMBLY 2 November 1984 Dairy Industry Bill

DAIRY INDUSTRY BILL motion for the renumbering of the clauses has been suggested so that the draftsmen do The message from the Council relating to not have to present amendments with those the amendments in this Bill was taken into clause renumberings. consideration. Mr FORDHAM (Minister of Educa­ Mr WILKES (Minister for Local Gov­ tion)-I thank members of the opposition ernment)-The Council omitted clause 20 and when this House dealt with the earlier party for their concurrence in this pro­ message from the Council, it disagreed with cedure. I understand there is a precedent for that omission and made the following it. The essence of the matter is that clause amendments: 20 is being omitted from the Bill. Hence, the following clauses will need to be re­ Clause 20, page 16, line 6, omit "the amount" and numbered, as will references to the clauses. insert "an amount being equivalent to 75 percentum". To overcome a straightforward machinery Clause 20, page 16, after line 12 insert the following problem, the motion will allow that process words and expressions: to be dealt with. It has been done before. I "(3) Notwithstanding sub-section (I), the contribu­ repeat my gratitude to honourable mem­ tion specified in the statement under sub-section (I) shall not exceed an amount which is equivalent to the bers for their co-operation. total provision for the payment of quality assurance Mr MACLELLAN (Berwick) (By services made by the Authority for that financial year. leave)-From what the Minister has said, I (4) A determination made by the Authority under now understand that this action is an section 45 shall identify the amount of the price per enlargement of a power within the scope of litre of milk which represents the provision for the the Clerks in making minor corrections. The estimated payment for quality assurance services under motion indicates that this will be achieved this section.". on a large scale by the removal of clause 20 The Council has insisted on the omission of and the subsequent renumbering of clauses the clause. Therefore, I move: further into the Bill. In those circum­ That this House do not insist on- stances, the Opposition is delighted to sup­ (a) disagreeing with the amendment made and in- port the motion. sisted on by the Council; and The motion was agreed to. (b) its amendments made in the Bill. It was ordered that the Bill be returned to The motion was agreed to. the Council with a message intimating the Mr WILKES (Minister for Local Gov­ decision of the Bill. ernment)-By leave, I move: That, prior to the presentation of the Dairy Industry INDUSTRIAL RELATIONS Bill for assent by His Excellency the Governor, the (AMENDMENT) BILL (No. 2) Clerk of the Parliaments be authorized to correct, so far as may be necessary, internal references consequen­ The message from the Council relating to tial upon the omission of clause 20 thereof, and to the amendments in this Bill was taken into report such corrections to each House at the next sitting. consideration. Mr HANN (Rodney)-The National Council's amendments: Party supports the motion. The National I. Clause 5, omit this clause. Party is grateful to the Government for deciding to agree to the omission of clause 2. Clause 6, line 6, after "Part" insert "or any like 20. Order under any corresponding previous enactment". Mr MACLELLAN (Berwick)-I would 3. Clause 6, line 7, after "award" insert "or any con­ like to know the precedent for this motion. tract of employment to which section 59 applies". There is no precedent from the past fifteen 4. Clause 6, line 33, omit "registered agreement or years, as I do not remember the procedure award" and insert "like Order, registered agreement, being used before. If a unique rule is being award or contract". created in Parliament, I would like to know 5. Clause 6, line 35, after "Part" insert "or a like what it is. I welcome the Government's Order under a corresponding previous enactment". acceptance of the action of the other place 6. Clause 6, line 35, after "award" insert "or a con­ to omit clause 20. I do not want to frustrate tract of employment to which section 59 applies". the processing of the Bill, but I would like 7. Clause 6, line 37, after "Order" insert "under this someone to indicate the basis on which the Part". National Parks (Further Amendment) Bill 2 November 1984 ASSEMBLY 1881

8. Clause 6, line 37, after "award" insert "or such a facilities or erection of the building or structure (as the contract". case may be) is for a purpose not consistent with the Mr CRABB (Minister for Industrial purpose of the reservation of the land; Affairs)-I move: (c) the trustees or committee of management of the land or, where there are no trustees or committee of That the amendments be agreed to. management, the Director-General of Conservation Mr MACLELLAN (Berwick)-It would Forests and Lands or a person authorized by the Direc­ be useful if the House were given some tor-General certifies, before the expiration of one year explanation of what the amendments are after the commencement of the Crown Land (Reserves) about, and since honourable members have (Amendment) Act 1984, that the habitual use or oper­ the privilege of having the Minister for ation of services or facilities was occurring immedi­ ately before the commencement of that Act, or the Industrial Affairs in the Chamber, it would building or structure was on the land immediately not be unreasonable to ask him, in moving before the commencement of that Act- that the amendments be agreed to, to explain notwithstanding anything in this Act and notwith­ their general tenor so that the rest of the standing any regulations made under section 13 relat­ House will understand them. ing to the land, the trustees or committee of The motion was agreed to. management, or where there are no trustees or com­ mittee of management, the Director-General of Con­ NATIONAL PARKS (FURTHER servation Forests and Lands or a person authorized by AMENDMENT) BILL the Director-General may, with the approval in writing of the Minister, where the Minister so approves the The message from the Council relating to purpose for which the land or building was used or the the amendments in this Bill was taken into service or facility operated or the building or structure consideration. erected- Council's amendments: (d) grant a licence to the person or body to enter and use that portion of the land or that building for a period l. Clause 17, line 39. after ""road" insert "specified not exceeding three years; under sub-section (5)". (e) enter into an agreement with the person or body 2. Schedule, Part B, paragraph (c) omit. ""Kelfeera" to operate the service or facility on the land for a period and insert ""Kilfeera". not exceeding three years; or On the motion of Mr WILKES (Minister (f) enter into a tenancy agreement with the person for Local Government), the amendments or body who erected the building or structure- were agreed to. as the case requires, for the purpose so approved. CROWN LAND (RESERVES) (2) Sub-paragraph (i) to (iv) of section 17B (I) (c) shall apply to any agreement entered under paragraph (AMENDMENT) BILL (f) sub-section ( 1) of this section. The message from the Council relating to (3) Sub-section (I) shall not apply to land reserved the amendments in this Bill was taken into under section 4- consideration. (a) which is reserved for a purpose specified in para­ graph (I), (m), (n), (0) or (ze) of sub-section (I) of sec­ Council's amendments: tion 4 or deemed by sub-section (6) of that section to 1. Clause 4. after line 3 insert the following: be reserved for the protection of the coastline, unless Continuation ofuses ofreserved landfor purposes other notice has been given by the Governor in Council under than those for which it is reserved-licences and section 10 (3) of the Land Conservation Act 1970 of a agreements. recommendation in respect of the land made under section 5 (I) (a) ofthat Act and the granting of a licence "17 A. (I) Where. in relation to any land reserved or entering into of an agreement under paragraph (d), under section 4- (e) or (f) (as the case may be) of sub-section (I) is (a) immediately before the commencement of the consistent with the recommendation; Crown Land (Reserves) (Amendment) Act 1984- (b) which is reserved for a purpose specified in para­ (i) a person or body habitually used any portion of graph (w) of sub-section (I) of section 4 and referred to the land or any building thereon; in a recommendation in respect of the land made under (ii) a person or body operated services or facilities section 5 (I) (a) of the Land Conservation Act 1970, on the land; or notice of which has been given by the Governor in Council under section 10 (3) of that Act, as a coastal (iii) there was a building or structure which had been park, a regional park or a State park, unless the grant­ erected by a person or body on the land; ing of a licence or entering into of an agreement under (b) the land has not been certified under section 17 paragraph (d), (e) or (f) (as the case may be) of sub­ ( I). or the use of the land, operation of the services or section (I) is consistent with the recommendation; or 1882 ASSEMBLY 2 November 1984 Crown Land (Reserves) (Amendment) Bill

(c) which has been placed under the control and place immediately before the commencement of that management of an authority pursuant to section 18 Act- (1). " notwithstanding anything in this Act and notwith­ 2. Clause 4, line 5, omit "17A" and insert "178". standing any regulations made under section 13 relat­ 3. Clause 4, line 12, after "Minister" (where first ing to the land, the trustees or committee of occurring) insert "given in accordance with sub-sec­ management of the land may, with the approval in tion (3)". writing of the Minister, if the Minister so approves of the purpose for which the land has been habitually 4. Clause 4, after line 32 insert: used, grant a lease of that part of the reserved land for "(2) Sub-section (1) shall not apply to land reserved that purpose and where there are no trustees or com­ under section 4- mittee of management of the land, the Minister may (a) which is reserved for a purpose specified in para­ grant such a lease for the purpose for which the land graph (/), (m), (n), (0), (w) or (ze) of sub-section (1) of has been habitually used. set:tion 4 or deemed by sub-section (6) ofthat section (2) Sub-section (I) shall not apply to land reserved to be reserved for the protection ofthe coastline unless under section 4- notice has been given by the Governor in Council under (a) which is reserved for a purpose specified in para­ section IQ (3) of the Land Conservation Act 1970 ofa graph (/), (m), (n), (0) or (ze) of sub-section (I) of sec­ recommendation in respect of the land made under tion 4 or deemed by sub-section (6) of that section to section 5 (I) (a) of that Act and the granting ofa licence be reserved for the protection of the coastline unless or entering into of an agreement under paragraph (a) notice has been given by the Governor in Council under (b) or (c) (as the case may be) of sub-section (I) is section 10 (3) ofthe Land Conservation Act 1970 ofa consistent with the recommendation; recommendation made under section 5 (I) (a) of that (b) which has been placed under the control and Act and the granting of a lease under sub-section (1) is management of an authority pursuant to section 18 consistent with the recommendation; (I). (b) which is reserved for a purpose specified in para­ (3) The Minister shall not give any approval under graph (w) of sub-section (1) of section 4 and referred to sub-section (1) unless he is satisfied that the purpose in a recommendation made under section 5 (1) (a) of for which the licence is to be given or for which the the Land Conservation Act 1970, notice of which has agreement is to be entered into is not detrimental to been given by the Governor in Council under section 10 (3) of that Act, as a coastal park, a regional park or the purpose for which the land is reserved.". a State park, unless the granting of a lease under sub­ 5. Clause 4, line 33, omit "(2)" and insert "(4)". section (1) is consistent with the recommendation; or 6. Clause 4, line 38, omit "(3)" and insert "(5)". (c) which has been placed under the control and 7. Clause 4, line 38, after "land" insert "and any use management of an authority pursuant to section 18 of the land". (1).". 8. Clause 4, line 40, after "specifications" insert "or 11. Clause 4, page 3, line 2, omit "178" and insert to control of land use, including, without limiting the "17D". generality of the foregoing, the Town and Country 12. Clause 4, page 3, line 2, omit "or" and insert Planning Act 1961 and any regulation or instrument "and notwithstanding". made thereunder". 13. Clause 4, page 3, line 3, omit "in relation" and 9. Clause 4, line 41, omit "(4)" and insert "(6)". insert "relating". 1O. Clause 4, after line 44 insert: 14. Clause 4, page 3, line 4, omit "(2)" and insert Continuation of uses of land for purposes other than "(4)". those for which it is reserved-leases. 15. Clause 4, page 3, line 6, after "Minister" insert "17c. (1) where in relation to land reserved under "(given in accordance with sub-section (3»". section 4- 16. Clause 4, page 3, line 9, after "of' insert "any part of'. (a) immediately before the commencement of the Crown Land (Reserves) (Amendment) Act 1984 a per­ 17. Clause 4, page 3, after line 9 insert: son or body habitually used any part of the land for a "(2) Sub-section (1) shall not apply to land reserved purpose other than the purpose for which it is reserved; under section 4- and (a) which is reserved for a purpose specified in para­ (b) the trustees or committee of management of the graph (1), (m), (n), (0), (w) or (ze) of sub-section (1) of land or, where there are no trustees or committee of section 4 or is deemed by sub-section (6) of that section management the Director-General of Conservation to be reserved for the protection of the coastline unless Forests and Lands or a person authorized by the Direc­ notice has been given by the Governor in Council under tor-General certifies before the expiration of one year section IQ (3) of the Land Conservation Act 1970 ofa after the commencement ofthe Crown Land (Reserves) recommendation in respect of the land made under (Amendment) Act 1984 that the habitual use had taken section 5 (1) (a) of that Act and the granting of a lease Dangerous Goods (Road Transport) Bill 2 November 1984 ASSEMBLY 1883 under sub-section (I) is consistent with the recommen­ Council's amendments: dation~ or I. Clause 13, page 8, lines 31 to 42, sub-paragraph (b) which has been placed under the control and (iv), omit all words and expressions in this sub­ management of an authority pursuant to section 18 paragraph after "goods" (where first occurring). (I ). 2. Clause 20, page 17, line 24, omit "abuse, insult,". (3) The Minister shall not give any approval or grant 3. Clause 22, lines 30 and 31 omit "or of any con­ any lease under sub-section (1) unless he is satisfied tainer. equipment, fittings, piping or appliance seized that the purpose for which the lease is to be granted is under section 13 (1 )(a)(iv)". not detrimental to the purpose for which the land is 4. Clause 22, line 34, omit "and the whole or part reserved." . (as the case may be)". 18. Clause 4. page 3. line 10. omit "(2)" and insert 5. Clause 22, line 35, omit "of every container, "(4)". equipment or appliance". 19. Clause 4. page 3. line 10. after "(1)" insert "or 6. Clause 23, page 18, lines 40 to 42, omit "or of any under section 17c". container, equipment, fittings, piping or appliance seized under section 13 (1) (a) (iv)". 20. Clause 4. page 3. after line 21 insert: 7. Clause 23, page 19, lines 3 and 4, omit '., con­ "(5) Any building or structure created on the land tainer, equipment, fittings, piping or appliance (as the and any use of the land pursuant to a lease referred to case may be)" . in sub-section (I) shall be subject to any Act rule regu­ lation or by-law relating to approval of plans and speci­ 8. Clause 24, lines 8 to I 0, omit "and detained under fications. or to control of land use including, without this Act or any vehicle, container, equipment, fittings, limiting the generality of the foregoing, the Town and piping or appliance seized". Country Planning Act 1961 or any regulation or instru­ 9. Clause 24, lines 12 and 13, omit '., vehicle, con­ ment made under that Act". tainer, equipment, fittings, piping or appliance (as the case may be)". 21. Clause 4. page 3, line 23. omit "17c" and insert "17E". Mr SIMMONDS (Minister for Employ­ 22. Clause 4. page 4, line 9, after this line insert: ment and Training)-The amendments have been made as a result of the decision "(4) Sub-section (I) shall not apply to land which of the Legislative Council in respect of the has been placed under the control and management of proposed legislation which was transmitted an authority pursuant to section 18 (1).". to it from this Chamber. The Government 23. Clause 5, line 17. after "enactment" insert "or is faced with the position of accepting the under the Carlton (Recreation Ground) Land Act 1966 amendments as an alternative to the failure or the North Melbourne Lands Act 1966". of the passage of the measure in its original 24. Clause 5. after line 27 insert: form. "(3) Any power or duty given to a committee of The effect of the amendments will be to management appointed under the Carlton (Recreation inhibit inspectors in dealing with con­ Ground) Land Act 1966 or the North Melbourne Lands tainers and equipment associated with the Act 1966 by the Principal Act as amended by this sec­ gathering of evidence in terms of safety tion shall be in addition to and shall not derogate from requirements. the powers and duties of the committee of manage­ ment under those Acts.'·. Obviously, the Legislative Council is of 25. Clause 7, line 30, after "corporation" insert "and the view that these conditions were un­ the said corporation shall be deemed for the purposes acceptable to it. The second amendment of the Crown Land (Reserves) Act 1978 to have been made by the Council is to omit the words appointed under section 14 of that Act as committee "abuse" and "insult" from the measure. The of management of the land". original provision would have made it an offence, in respect of the actions of an On the motion of Mr WILKES (Minister inspector, for a person to abuse or insult an for Local Government), the amendments inspector. Therefore, the penalty for abus­ were agreed to. ing and insulting inspectors is being DANGEROUS GOODS (ROAD removed by the amendment. TRANSPORT) BILL The Government is accepting the amend­ ments, not because it believes they will add The message from the Council relating to to the measure, but because, under the cir­ the amendments in this Bill was taken into cumstances, it believes there will be imme­ consideration. diate accesss to the measure, which will 1884 ASSEMBLY 2 November 1984 Trustee (Amendment) Bill result from the acceptance of these amend­ The motion was agreed to. ments, the benefit of which honourable The Bill was read a second time, and members would otherwise not have. I move: passed through its remaining stages. That the amendments be agreed to. The motion was agreed to. TRUSTEE (AMENDMENT) BILL The debate (adjourned from October 26) TRANSFER OF LAND on the motion of Mr F ordham (Minister of (AMENDMENT) BILL (No. 2) Education) for the second reading of this The debate (adjourned from October 24) Bill was resumed. on the motion of Mr Cain (Premier) for the Mr MACLELLAN (Berwick)-The Bill second reading of this Bill was resumed. foreshadows anticipated legislation to Mr MACLELLAN (Berwick)-The standardize the investments authorized Opposition supports the Bill. It provides for throughout Australia for trustee invest­ amendments to a number of Acts with a ments. Action is being taken in the imme­ view to reinforcing and assisting in the pro­ diate sense under the Bill, but will ultimately gramme of computerization of systems and be replaced by more uniform legislation. procedures within the Titles Office, and also Section 4 of the Trustee Act empowers a a number of other amendments relating to trustee to invest trust funds in various cat­ other matters, including the powers for the egories on investments and the Bill intends registrar to allocate title reference numbers to add additional categories, namely, the before new titles are issued. This will have securities issued by the Northern Territory the advantage that, instead of having deal­ and by the national secondary mortgage ing numbers as being the central reference market. point for matters proceedng to the Titles The Opposition supports the addition of Office, in effect there will be an anticipatory those two categories to the range of trustee title reference number which will assist all investments and in addition seeks to back practitioners in the area of sub-division and up the initiative taken by the Victorian the business of the Titles Office in the issu­ Government on the National Mort~ge ing of new titles. Market Corporation. The Minister has given The ancillary powers provided by the Bill, some useful and informative information in addition to those major thrusts in the on the formation of that company and the area of the registrar being able to issue those other partners participating in the com­ anticipatory title numbers, relate to oppor­ pany. The Opposition wishes it well. It is a tunities for the registrar to delegate some of Joint venture, in effect, between Govern­ his powers to other officials within the Titles ment and private enterprise. Office and, in addition, to provide for the I think the debates on that question have oversight of the Transfer of Land Act 1983. already been undertaken in the House on The Act does not make satisfactory provi­ another occasion, and I do not propose to sion for approval of forms which can be reiterate the remarks made by the Opposi­ designed by an individual with the inten­ tion in this place since the Treasurer was tion of sale for general use, for example, the present for that debate as he is for his debate. standard mortgage forms designed by the I believe further legislation will come. The Law Institute of Victoria. Opposition wishes the project well to estab­ The Bill remedies the oversight in that lish in effect a national classification of case. There is a strong desire in the legal trustee investments which will enable those profession and the community for more who hold trust funds to invest them over standard forms and these provisions more the whole scope of the national field trust to usefully advance the work of the Titles produce a national market in trustee invest­ Office and speed its efficiency and oppor­ ments rather than to have individual State tunity to serve the community, the le~al categories, some varying one from another. profession, and those who have to deal With When that is done, and since there have it, which include a range of professional not been any major failures of trustee groups that use those forms. investments, I think one can hope that the Mr HANN (Rodney).....;... The National national market will concentrate in Vic­ Party supports the Bill. toria. That is an ambition that should be set Adjournment 2 November 1984 ASSEMBLY 1885 and that should be achieved to complement thanks for their patience, tolerance and the central financial activity of the Mel­ assistance to honourable members at all bourne mar.kets. The Opposition supports times and for their courtesy.· Thanks go, too, the Bill. to the Reader, Mr Holt, the Clerk of the The motion was agreed to. Papers, Mr Bramley and other Papers Room The Bill was read a second time, and staff. passed through its remaining stages. Honourable members always recognize the difficult role H ansard reporters and staff ADJOURNMENT have, and I think it is worth saying again Christmas felicitations-Richmond City how much we appreciate the role they play. Council-Working party to review drug I thank the Chief Reporter, Mr J ohns, and usage-Pathology U nit at Wangaratta his staff. I mention again the former Chief District Base Hospital-"H" district Reporter, Mr Darby, who retired in May crime car squad after more than 30 years of valuable service to Parliament. Honourable members always Mr CAIN (Premier)-I move: take for granted the proofs that come back That the House, at its rising, adjourn until a day and to them from H ansard, with their poor syn­ hour to be fixed by Mr Speaker, which time of meeting tax corrected and their debates looking shall be notified to each member of the House by tele­ gram or letter. much more reasonable than in the form of expression used in the House. Our thanks May I at this time again pay tribute to the for the excellent work of the Hansard ~ccasion. that the House has reached, that reporters. IS, the end of a long and, I suspect, quite ~iring, yet productive Parliamentary year. It The Government Printer, Mr Atkinson, IS the end of the 49th Parliamentary sittings and his staff deserve thanks for ensuring and the next occasion honourable members that the business of debates is printed in meet will be the 50th Parliament in Vic­ proper form at the appropriate time for toria's 150th anniversary year. That calls honourable members. I thank also the for some joy by Victorians. Librarian, Miss McGovern, and staff. I This year, the House has sat for some 44 thank the Parliamentary Refreshment separate days, and I pay tribute to those Rooms Manager, Hank Van Houten who have contributed so much to this place Assistant Manager, Mr Syd Koehrer, and in ensuring that the business of Parliament the Chef, Henry Rief, and all the dining­ and the Government is conducted expedi­ room staff who are so constantly courteous tiously and harmoniously. to honourable members in providing their needs in the dining-room. I thank the I give my thanks to you, Mr Speaker for Housekeeper, his attendants and orderlies, the way in which you have fulfilled _your and I also personally thank Mr Bill J arrot, role, which at times has been made difficult by honourable members. However, you who takes such great care of me at all times. have always used great aplomb and a touch I thank the Secretary of the House Com­ of humour in moments of tension. mittee, Bob Duguid, who looks after the The Deputy Speaker and Chairman of needs of honourable members; the gar­ Committees, the honourable member for dener, Mr Frank Richardson, who is Broadmeadows, has the'thanks of honour­ responsible for the gardens being in their able members for the role he has played and present excellent state; the engineer, Alan all those who have assisted him as Chair­ Beatson; the post office staff, Neil Foster man of Committees. He is retiring from and Robert Thompson, not forgetting Alan Parliament after some 23 years' service, and Burton, who retired recently after 23 years' I wish him well. service; Priscilla Reynolds who operates the To the Clerks and attendants, I suppose switchboard; Merv Mummery who greets this year has been difficult for them, espe­ us at the back door, and the police officers cially the past few weeks. The Clerk, Mr who take care of us in the House at all times. Campbell, the Deputy Clerk, Mr Boyce, the I should not forget the members of the Second-Assistant Clerk, Mr Little and the press gallery who perform a demanding and Serjeant-at-Arms, Mr Mithen, deserve difficult task. On behalf of honourable 1886 ASSEMBLY 2 November 1984 Adjournment members I express our thanks for their hos­ The honourable member for Polwarth pitality on Wednesday night. To the presi­ leaves this House after fifteen years of serv­ dent, Dan Webb, the vice-president, ice to move to the more salubrious air of Graham World, the secretary, Colin Ful­ Noosa. He has already enjoyed it on other ton, and all members of the press gallery, I occasions, and I am sure he will do so on extend thanks for their courtesy and assist­ this occasion. ance throughout the year. The honourable member for Midlands Ifit were not for the Leaders of the House, leaves us after twelve years' service to pro­ business would not be conducted as expe­ vide service in another place in the near ditiously as it is, and I pay special tribute to future, and we wish him well. the Deputy Premier who, from the Govern­ ment's point of view, has managed the busi­ The honourable member for Wantirna ness of the House in first-class fashion and leaves this House after nine years of service has ensured that it has been dealt with as to Parliament, the last three in this place expeditiously as possible. . and six in another place. He also retires for reasons of health and the Government I thank the Deputy Leader of the Oppo­ sition and the Deputy Leader of the wishes him a speedy recovery and many National Party for their contributions and years of enjoyable retirement. for their co-operation with the Deputy I place on record the recognition that is Premier. due to all of those honourable members for The party Whips-the honourable mem­ their service and their contribution to this bers for Albert Park, Mentone and Gipps­ Parliament. All of us who have had the land East-ensure that honourable privilege of being elected and serving here members with commitments to meet are hope we make a contribution. All honour­ able to do so at the same time as meeting able members who are retiring at the end of their obligations to be present in the Cham­ this term can feel justly satisfied that they ber. I thank them for their contribution. have done so and have given of their best I thank all honourable members for their in their time here. It is a privilege to be able contribution to what has been an interest­ to serve and to be elected to serve one's ing and difficult three years. A number of peers in Parliament, and everybody who has honourable members from both sides of the that privilege is pleased to have been given House are retiring at the end of this Parlia­ the opportunity and will look back on those mentary term: From the Government side, years of service with satisfaction. the honourable member for Broad­ I thank all of those who helped to make meadows, the Chairman of Committees, as this a successful session and a memorable I have already mentioned; the honourable Parliament. I wish all honourable members member for Prahran after six years' service and all others to whom I have referred a leaves this House and will, I am certain, happy Christmas and a prosperous and safe emerge as an honourable member in another New Year. I ask all to drive carefully at all place after the next election. From the times, especially over the Christmas-New Opposition side this House will lose the Year period. honourable member for Hawthorn after some twenty years of service, including six Mr KENNEIT (Leader of the Opposi­ years as a Minister. The Government wishes tion)-On behalf of the Opposition, I join him well in whatever he chooses to do in with the Premier in thanking those people his retirement. who have assisted in the running. of this Parliament and have made it easier for The honourable member for Portland, honourable members to carry out their who unfortunately is absent after a serious illness, leaves this House after fifteen years' duties. It is almost inconceivable that we service; the honourable member for Brigh­ are at the end of another year and about to ton, who is also absent because of illness, face another State election. It is quite incre­ leaves this House after nine years' service. dible how quickly the time passes. The Government wishes them both a speedy On behalf of the Opposition, I thank Colin return to health in the months immediately Howarth, the attendants and the orderlies following their retirement and wishes them who have always been exceptionally cour­ both well. teous and friendly to honourable members. Adjournment 2 November 1984 ASSEMBLY 1887

I join with the Premier in thanking the thing about being a member of this place is ground staff who have done a superb job. that, although we may argue with the Next year honourable members will see the vehemence of a stung cat and although in realization of their efforts in reconstituting the public arena we may at times be even half of the garden to the north. more vicious, there is no doubt-even The refreshment room staff from the though some members of the Government manager down to the waitresses have had a may not like the expression-that we do, as tumultuous year, especially during this last a collective team of men and women, gen­ sessional period. Throughout all the trials erally express goodwill to each other. That and tribulations, they have continued to feed is certainly of benefit to the workings of the us and supply us with the comestibles that House. enable us to do the job that is expected by The honourable John Wilton-I say the community that elected us. "honourable" without any reservations­ The Library staff again performed their has always been polite and courteous in the duties willingly and have provided honour­ nine years I have been a member ofParlia­ able members, often at short notice, with ment. His knowledge of the workings of the the information they require in order to be House, and of the Standing Orders, has been better informed in debate, and we extend of benefit to this side of the House and to our thanks to.them. me personally. He will be greatly missed from this House, because of his experience. The Clerks of the Parliament and the attendants have always given freely of their There has been a big turnover in politi­ knowledge and advice to ensure that mem­ cians since 1976. One needs to maintain a bers of the Opposition can make a contri­ balance between honourable members with bution in line with the Standing Orders, and Parliamentary experience and honourable that is appreciated. members who come in as new members of Parliament. The Premier mentioned the staff at Han­ sard who have to bear the results of our The honourable member for Broad­ trials and tribulations in this Chamber. This meadows has a lot of experience and, so far week has been a good example of how they, as I am concerned, I welcome his contribu­ like other staff here, have to work the absurd tion over the past nine years of his 23 years hours that honourable members keep year in this Parliament. We wish him and his in and ,ear out, regardless of the commit­ wife a very happy and long retirement. ment 0 the Government of the day that "it The honourable John Wilton is closely will never happen again". We extend thanks followed, in terms of service, by the to the H ansard team. honourable member for Hawthorn, WaIter The Government Printer continually has Jona-known to many as Wally. to meet the deadlines. From time to time, Honourable members interjecting. because of the pressure of his workload, he Mr KENNETT- The interjections from must put in duplicated copies of a Notice the other side of the House are far from Paper or some other document. Mr Atkin­ unruly. The fact that WaIter Jona is referred son and his team do an excellent job under to as 44Wally" is a term ofendearment. There difficulties. is no doubt that he will not only be greatly Honourable members have enjoyed a missed by our side of the House but he will variety of contributions from members of be missed by the House as a whole. He has the press gallery who have a very good per­ been an exceptional politician who has ception of the working of this place, and worked extremely hard for the electorate he members of the Opposition thank them for represents. No honourable member here tolerating the long hours and the contribu­ doubts his drive and enthusiasm. He has tions that we make. been a dedicated Minister and, after almost The Premier referred to the retirement of 21 years of service, the House is losing a many honourable members from this person with a great deal of Parliamentary Chamber. As he indicated, those members experience and experience of life. come from both sides of the House. The We on this side of the House not only most senior is the honourable member for lose Waiter, but we lose Olwyn and we lose Broadmeadows, John Wilton. One good a friend. The Parliament and the Liberal 1888 ASSEMBLY 2 November 1984 Adjournment

Party lose an experienced member. He will because of ill health. I have said it before be hard to replace. and I say it again: One of his crowning The honourable member for Portland, achievements was in working together with Don McKellar, has unfortunately not the Minister for Community Welfare Ser­ enjoyed good health over the past two or vices and the representative of the National three months. That is sad because he very Party, the honourable member for Swan much wanted to come here one day this Hill, on the Adoption Bill. That was a very week to complete his term in this Parlia­ difficult piece of legislation and the three ment after fifteen years. Don is one of those individuals showed how beneficial the very individual members of this place­ results can be when people work closely there are all too few of them inasmuch as together and party politics are put to one we do not have the "characters" that existed side in the interests of the community we in the past. are elected to serve. Don very rarely spoke at length in the We regret that Don has had to indicate House and those honourable members who his retirement because of ill health. We wish remember his contribution last sessional him a speedy recovery and all success to period on the Racing Bill witnessed a fan­ him and Ariel in their future together. tastic contribution from a man who gave an The honourable member for Brighton, enlightening speech on the spur of the Jeanette Patrick-a colleague who became moment. a member of Parliament with Don Salt­ Don McKellar has served the Parliament marsh, the Premier and others in 1976- for sixteen years. He has a keen sense of will not be contesting a seat in the next elec­ humour and was able to cut to the quick in tion. She has not been enjoying good health the party room. We will miss him as a col­ for some months. We wish Jeanette and league and as a friend. Parliament will lose Vern all the very best in their retirement. one of those rare individuals who had the Mr Speaker, you have had to adjudicate ability to put his finger very quickly on the at times, and certainly preside in the major­ pulse of an issue and to be able to come up ity of occasions over this Parliament and with a common-sense solution. the workings of this House. Of course, there The honourable member for Polwarth, have been times when we have had differ­ Cec Burgin-again, after fifteen years­ ences of opinion. It would have been a very retires at the next election. Cec has contri­ boring place if those differences had not buted, on our side of polititics particularly, occurred. in the agricultural area and has made up for Sir, we on this side of the House accept the dearth of experience in that area from that your role is not easy. None of your the Government side of this Chamber with predecessors, in the time I have been a his experience, which has been valuable. We member of this place, has found it simple. are certainly going to miss him after fifteen We have enjoyed your comradeship and years. He has a lot of experience and com­ working with you in the deliberations of the mon sense. We wish Cec and Peg all the House. very best in retirement. I am sure that before I forgot one member and that is the he leaves this place we will be given a for­ honourable member for Prahran, Bob warding address in Noosa Heads, and Miller, who, like my colleague Bill Ebery, regardless of what side of the House we will not be coming back into this House come from, hospitality will always be after the next election but will contest an extended. Upper House seat. We wish him luck, but. The honourable member for Midlands, obviously we hope he comes second! Bob Bill Ebery, after twelve years, will not con­ Miller has contributed very fully to the test the next election for this House but will workings of this Chamber and within his contest an Upper House seat. We thank him own party, and we wish him well. for his contribution in this place and wish A lot of other members-more so on the him well. We obviously expect him back in Government side than ours-will not be another place. returning to this House after the next elec­ The honourable member for Wantirna, tion. I will not name the seats. I wish all Don Saltmarsh, retires after nine years members of Parliament, on all sides, a very Adjournment 2 November 1984 ASSEMBLY 1889

happy Christmas and a happy time with I also pay tribute to the two members their families. I thank them on behalf of this who have served longest and with great dis­ side of the House for their comradeship. tinction. There is no doubt that if there had Finally, I extend to the Premier and to been Labor Governments prior to 1982, the the Leader of the National Party all our best honourable member for Broadmeadows, for a very pleasant Christmas. In this job, John Wilton, would have been Speaker. I leadership puts tremendous demands on say that without any disrespect to you, Mr individuals and on families, and although Speaker. He has all the capabilities of being we have had differences of opinion, able to do the job and he is noted for his obviously I fully appreciate the extra bur­ fairness and tremendous knowledge of the den placed on both the Premier and Mrs forms of the House. Cain and Mr and Mrs Ross-Edwards. We To the honourable member for Haw­ on this side of the House wish both those thorn, Waiter Jona, a Minister in previous families a very merry Christmas. Governments and a friend to us all, I wish him well. He certainly has a proud record We look forward to returning to the 50th as a member of Parliament. I can recollect Parliament after the next election and, it is many years ago when he was having a dis­ hoped, at the end of next year the roles and pute with the previous Leader of the positions of members will be reversed. Country Party, George Moss, who told him Mr ROSS-EDW ARDS (Leader of the that in his time he had seen five members National Party)-Mr Speaker, I join with come and go from Hawthorn. How times the Premier and the Leader of the Opposi­ have changed! WaIter has been there for 21 tion in paying tribute to you, Sir, and the years and five Leaders have come and gone. many other people who were mentioned. Perhaps it is a lesson to back-benchers that It would be pointless for me to repeat the House is not a stable place, whatever what has been said because to do so would side one is on. One thing that WaIter Jona be to give the impression that I was less did in his early days was to strengthen his than sincere and genuine in my comments seat, election after election, and I believe on behalf of the National Party. However, members can do that if they put in the ded­ there is one short sour note before we go. ication and hard work. To those members who are going out Mr Roper-Where are we going? because of sickness, the honourable mem­ Mr ROSS-EDWARDS-We are going bers for Brighton, Portland and Wantirna, I home this morning! Parliament has not hope their health improves and that they done any better with its organization of the have the opportunity of leading a full life in sittings. It is bad for the health of members the future. The honourable members for and puts an incredible strain on them. Prahran and Midlands are also leaving the Members are retiring this year through ill House to try their luck in another place. health. The Premier would realize that the They have their respective battles ahead of juggling of the Government has not been them and knowing them as well as we do, good in the past fortnight. However, the we shall watch them both with interest. Premier is fortunate to have such an able, The honourable member for Polwarth is well-mannered and diplomatic Deputy going to Queensland. He is well-known and Leader because he has assisted the Govern­ close to most of us as a friend. I support the ment in getting out of a lot of embarrass­ Leader of the Opposition in saying that we ment in the past two weeks. will probably see more of him in Noosa Honourable members have a high regard than we would have seen ifhe stayed in the for the Deputy Premier. His word is his electorate of Polwarth. bond and Leaders of the other parties like I wish all honourable members and their to do business with him. He has been a families a very happy Christmas. I advise front man for the Government and the them to make the most of the Christ­ Premier is lucky to have him because the mas-New Year vacation with their families National Party and the Opposition would because these are precious days. Honour­ not have put up with all the rubbish if it able members who are blessed with families were not for him. should see as much of them as they can. We 1890 ASSEMBLY 2 November 1984 Adjournment all have to neglect our families in Parlia­ on behalf of those honourable members who mentary life, but the Christmas-New Year are retiring, unless some of them wish to vacation is one time when families should speak for themselves. I thank the Premier, come first, and honourable members would the Leader of the Opposition and the Leader be foolish if they did not make the most of of the National Party for the very kind words it. that they made in respect of those honour­ Mr Speaker, you and I came to this place able members who will voluntarily be leav­ together. You have been consistent in your ing the Chamber at the next State election. rulings and those of us who know you well, In my 21 years in this place, I came to know how far we can go. You have been fair have an increasing respect for the institu­ in your dealings with honourable members tion and a recognition of the important role and we appreciate the understanding and that it performs in the community as the firmness you have shown in the conduct of law-making authority in this State. It is an the House. institution and a role which ought to have Mr FORDHAM (Minister of Educa­ the greatest respect of the community. Over tion)-I should also like to take this oppor­ that period I have made many great and tunity of making a few brief comments. I very good friends in this place. In the days thank the Deputy Leaders of the Opposi­ when I first came to this place, there were tion and the National Party for their ready the personalities of Sir Herbert Hyland, the co-operation as representatives of their par­ . Country Party Leader, George Moss, Denis ties and Leaders of the House in arranging Lovegrove of the Labor Party, great orators Parliamentary business. It is not an easy job and self-made men, and others such as we have, but it is made a little easier by the Charlie Mutton and the Bolte-Rylah com­ spirit of co-operation that has been evident bination, which was a phenomenon in those by the Leaders of the House in the past days. three years. It has been a busy time and In those years many changes have some 449 Bills have been passed in the past occurred and I have seen many changing three years. attitudes towards the institution. However, Mr Ross-Edwards-It has gone smoothly! as a result of the record of this place in the future, and as a result of the image that it Mr FORDHAM-I take up the com­ can create for itself, the respect which is ment of the Leader of the National Party absolutely essential for the institution and because it has gone very smoothly, indeed. to the members who belong to it will, in The relationships between the parties have coming years, be constantly upgraded. The been good, given our differences of opinion role which this institution performs is on the legislation. important. It is unique among all institu­ I wish to underline the comments made tions in the world because whatever defi­ by each of the three Leaders, but particu­ ciencies and defects exist in our larly important to me is the enormous co­ Parliamentary system and Government, it operation that all members of Parliament is probably still the finest devised by man. receive in this Chamber from John Camp­ That is probably something all honourable bell, the Clerk, and his assistants and Colin members take for granted. Howarth and his assistants who man the Of the 55 members of the Parliamentary doors and help us in the Chamber. It is easy Liberal Party in 1964 when I came to Par­ to take those services for granted but they liament-and I am referring to the state­ are fundamental to the efficient operation ment about the big turnover of politicians of the Legislative Assembly. Honourable in this place-thirteen have since passed members are fortunate to have such skilled away and only four of them, two in this and dedicated officers, and I know I speak place and two in the other place, remain. on behalf of all honourable members in That is an indication of the turnover in the underlining the significant role and hard Liberal Party during that period. work that they do, and no doubt will con­ In conclusion, I place on record the tinue to do, for the Legislative Assembly. appreciation that I have for the succeeding Mr JONA (Hawthorn)-Mr Speaker, I officers of this House and the staff in all appreciate the lateness of the hour, but it departments for the constant and personal might be proper if I were to say a few words considerations that they have shown to Adjournment 2 November 1984 ASSEMBLY 1891 honourable members continuously over the all honourable members great success for period that I have been in Parliament. I can the future, whatever it may be, and I hope say that I am going out with very fond all honourable members have a happy and memories and warm friendships from all restful Christmas so that in the New Year political parties. While our differences they may gird up their loins for the battle. I politically have been sometimes tense, hope all honourable members find satisfac­ because I have been known to have the tion in the result of that battle. occasional flare-up in the House, it is very The SPEAKER-Order! I also should much part of this place that Parliament is like to add some remarks before putting the not intended, with due respect to the Chair, motion. I thank the Premier, the Leader of to be run like an organized debating society. the Opposition, and the Leader of the It is the centre of protest in the land. It is National Party for their compliments in the place where the people's representatives respect of my position. I hope I have acted should be able to represent their electorates in the tradition of impartiality as far as pre­ in the way those people themselves would siding over what seems to have been a ter­ express their views outside the Parliament. ribly brief period, although it is amost three That is an essential feature of the place. I years. I thank the staff of Parliament, the thank you, Mr Speaker, and the current offi­ table officers, the Housekeeper and his staff cers of the House for the serVices that have for their patience and forbearance during been maintained at the very high standards what is a difficult time as far as hours of that have existed over the 21 years I have employment are concerned. I thank the din­ been in this institution. ing-room staff, Hansard, the gardening staff, Mr WILTON (Broadmeadows)-I thank the Library staff and the technical staff for the Premier, the Leader of the Opposition their assistance in making Parliament the and the Leader of the National Party for place it is. their kind remarks, but more particularly I I express thanks to my personal staff for thank the table officers for the assistance their assistance, particularly Mr Beckman that they have given me, not only in my and Margaret Moy for their abi~ity to attend term as Chairman of Committees, but in to the needs that seem to come with the the days when, as part of Her Majesty's office. OpposItion, I was continually conniving to dream up means and ways that I considered To the eight members who have volun­ the Government should be revealed for all teered to retire in one way or another from its faults and shortcomings, and many argu­ this place, I wish them every success in ments over drafting amendments occurred whatever venture they proceed with. I thank at that time. the Chairman of Committees and the Tem­ I endorse the remarks of the honourable porary Chairmen of Committees for the member for Hawthorn who said that this assistance they have given. I should like the place is the place of protest and individuals indulgence of the seven members who are have the right to express their point of view. leaving the House to say a few words about It has always been a privilege to serve in the Chairman of Committees. I worked for this place. All of us have seen many people John Thomas Wilton in the Broadmeadows attempt to be elevated to be members of by-election many years ago and it was said Parliament and fail for a whole variety of then it cost a pound a vote to get him into reasons. All honourable members are for­ Parliament. It certainly was an expensive, tunate at having made the grade. muddy campaign and was one of the major breakthroughs that the Labor Party made I would like to leave this place with the in the northern suburbs. It was with a great thought that honourable members should sense of pride that the Labor Party finally remember they come to this place to serve captured the seat of Broadmeadows. It did people and that people are the greatest asset it with Jack Wilton, who from the time he the nation has. has been in this place has been a student of I also place on record my deep sense of Parliamentary practice. He has made a gratitude to the electors of the Broad­ major contribution to debates and pro­ meadows electorate because without their cedures in this place. He has caused pre­ loyal support it would never have hap­ vious Governments a great deal of trouble. pened. I am terribly grateful for that. I wish Honourable members who are not aware of 1892 ASSEMBLY 2 November 1984 Adjournment that should read Ha nsard to see what he has Party and was appointed Commissioner of done. His rulings, during the time that he the Richmond City Council after the sack­ has acted as the Chairman of Committees, ing of the council. No explanation was given should stand as an addendum to May's Par­ for that appointment. Since the removal liamentary Practice because they have cre­ from office of the gentleman I have men­ ated precedents which he has well researched tioned, each year the borrowings of the and on which I compliment him. Richmond City Council have been in excess I have only mentioned Jack Wilton, but of$1 million. the other seven members are also my I have been reliably informed that the friends. Even though the honourable mem­ present town clerk, the city engineer and ber for Hawthorn and I have clashed on one other senior officers are now in possession or two occasions, it has only been inside of new fuel-injected Ford Ghia sedans as this place. To the other members, Mrs well as a number of other benefits that have Patrick, Don McKellar, Bill Ebery, Cec been provided. I raise the matter because I Burgin, Robert Miller and Don Saltmarsh, find it extraordinary that a member of the their contributions have been valued and Labor Party, who was formerly the Mayor they have made conscientious decisions on their future. of the City of Richmond, has now requested that he ought to be charged with malprac­ I wish all honourable members the sea~ tice in accordance with the recommenda­ son's greetings and, as other honourable tions of the Nicholson report. I am not members have said, they should make sure aware of his reasons for that request. that they have time with their families. It is a time that is so short in one's political life, Why has the Government not been pre­ because it will not be long before all pared to implement the recommendations honourable members are electioneering. of that report? When will the Government be prepared to allow the Richmond City The motion was agreed to. Council to have elected representatives once Mr FORDHAM (Minister of Educa­ again? tion)-I move: The SPEAKER-Order! The honourable That the House do now adjourn. member has 2 minutes, so I do not wish to Mr LEIGH (Malvern)-I raise an detain him but I ask him to advise the House important matter for the consideration of what action he is requesting the Premier to the Premier. It concerns the Richmond City take. Council and the former mayor of that coun­ Mr LEIGH-The Nicholson report rec­ cil, GeoffO'Connell. The Premier would be aware of the Nicholson Royal Commission ommended that a number of people be that was commissioned by the former Lib­ charged and Mr Alex Gillon has taken a eral Government and the report that was leave of absence. The Director-General for implemented by the Cain Government. The Local Government, Mr George Pentland, former mayor of that city, GeoffO'Connell, has a staff of 1700 yet he found it necessary would like to be charged under the report. to act as arbitrator for the council. I find it Mr O'Connell was one of a number of curious that the Director-General for Local people who it was said had misused his Government found it necessary to take con­ position regarding electoral matters. I have trol of the particular council. Three times I been given permission by a member in have raised this matter of Labor Party-con­ another place to ask on behalf ofMr O'Con­ trolled councils during the debate on the nell that the Premier implement the Nichol­ adjournment of the House. I have men­ son report. I do this for a number of reasons: tioned every time the trouble that these First, the retirement of a Mr Williams has councils have got themselves into and how occurred without explanation. He was for­ they have forgotten to represent the interests merly the Town Clerk of the City of Spring­ of the residents in those areas. vale and the City of Richmond. He was a On behalf of those residents I would like man of high integrity and he retired with no to know when the Government will imple­ explanation. ment the recommendations of the Nichol­ Alex Gillon then took leave of absence. son report. The Premier has a responsibility He is a member of the Australian Labor and I request him to act accordingly. Adjournment 2 November 1984 ASSEMBLY 1893

Mr A. J. SHEEHAN (Ivanhoe)-I refer What action has been taken and what the Minister of Health to the working party action can the Minister take to ensure ade­ established by him to review drug usage in quate staff are provided to the pathology Victorian public hospitals. I understand the unit to maintain the standard and type of working party reviewed the cost of supply, service it has provided for a long time? I the level of usage and the purchasing raise the matter as a genuine case and trust arrangements for the supply of pharm ace ut­ that the Minister will be able to act to over­ icals to public hospitals in Victoria. The come the problem. matter is of particular local significance to me as it was brought to my attention through Mr TANNER (Caulfield)-I bring to the an article in the local newspaper which attention of the Minister for Police and reported that difficulties had been experi­ Emergency Services a directive issued by enced at the Austin Hospital. the Assistant Commissioner of Police (Operations), Mr Keith P. Thompson, on As pharmaceuticals represent a large 28 September 1984 on crime car squad component of the operating costs of public duties from 29 October 1984 to 28 February hospitals, I request the Minister of Health 1985. The directive states that: to fully investigate the implications of some of the problems indicated by the review and All members are to concentrate on traffic and general to report to the House on the matter. policing needs, so that this effort can be given maxi­ mum effect. Mr JASPER (Murray Vaiiey)-The matter I bring to the attention of the Min­ I also have in my possession an operation ister of Health relates to the shortage of staff order for duties to be performed by crime at the pathology unit at the Wangaratta Dis­ car personnel in "H" District which is trict Base Hospital. I understand the Min­ located in the Caul field electorate. Under ister has had problems staffing hospitals the heading ~~Mission", the operation order throughout the State so I cautiously raise states: the matter in view of the difficultIes the All members are to concentrate on traffic and general Minister is facing trying to overcome inad­ policing needs so that this effort can be given maxi­ equate staffing in public hospitals and trying mum effect. It is hoped that an increased visible police to get the best from the staff that has been presence, amongst other things, will reduce the road provided to hospitals throughout the State. toll. In this particular case the pathoiogy umt In the same order under the heading, "Exe­ provides a service to hospitals in north­ cution", the directive on duties states: eastern Victoria. The unit has been under All members ofthe .oH" District Crime Squad work an increasing workload for a long period. in uniform and shall concentrate on traffic and general The unit requested a staff allocation of two police work. No lengthy inquiries or drug raids will be extra scientists plus an office assistant to carried out during the above-mentioned period so that assist in the work that is undertaken. The more emphasis can be placed on traffic and general staff of the unit met with the Industrial matters. Relations Task Force three weeks ago and Members will spend as much time as possible on the it was agreed by the task force that the unit road performing patrol duties and shall only return to should receive an additional three scientists office for a good reason. The Officer in Charge of squad and an office assistant; a total of four addi­ shall ensure members are given ample time for corre­ tional staff to be appointed to the Wangar­ spondence. This period of correspondence shall not atta District Base Hospital. coincide with peak traffic times, i.e., 7am-9am and 4pm-6pm. I have spoken to the Minister of Health about this matter and trust that since I have In view of the duties as described in the spoken to him earlier this week, he has more order for crime squad personnel, I also have information on the matter. The scientists with me a description of duties for patrol operating at the unit have informed me that leaders of crime car squads. The primary they will be implementing some work bans objective of a patrol leader is to: and reducing some services because they Supervise routine patrols and provide an authorita­ have been working long hours on overtime tive initial investigative and co-ordinating service at to maintain the workload of the unit. scenes of major crimes. 1894 ASSEMBLY 2 November 1984 Adjournment

In addition to that I have a job description problem of pharmaceutical costs in the of patrol duties for crime car squad person­ public health system and, certainly, it is a nel which states the primary objectives are major problem and a major area of expend­ to: iture. Recently, I received the report of a Perform routine patrol duties and assist to provide working party to review drug usage in pub­ an initial investigative and co-ordinating service at lic hospitals, chaired by Mr Naismith of the scenes of major crimes. Royal Melbourne Hospital. That report The job description, under the heading made it clear, and his coJleagues made it "Summary of Activities", states: clear, that substantial public funds may well As an observer or driver, usually in uniform and in be being wasted by the way in which the a marked car, and usually accompanied by a Patrol pharmaceuticals are provided to patients. Leader perform the following duties: They specifically referred to the way phar­ (a) patrol within a defined police District to prevent, maceutical departments operate and also to and detect offences (particularly criminal offences), the way in which the medical profession enforce the law and maintain good order. May also often can wrongly prescribe more expensive perform routine transport courier, escort and guard drugs. duties as part of the patrol function. The Government has been concerned for (b) respond to any situation calling for police atten­ tion in order of priority if necessary.· Although expected some time at the provision of drugs and to concentrate on enforcing the criminal law whilst on that is the reason it sought the report. I have patrol an incumbent will become involved in traffic seen a number of pharmacies where there and public order matters, whether by direction or appears to be in excess of the amount of detection. drugs required to operate that department. The assistant commissioner of operations In 1983 there was public concern about the has obviously in his directive ordered that availability of drugs at the Austin Hospital. crime car squad duties should include efforts It was suggested that that hospital and in relation to traffic and general policing others were unable to meet their drug needs. In view of the 600 major crimes that requirements. I recall seeing the then Prime are occurring daily and the shortage of police Minister on the media saying that that was that there is in this State-and I note the simply impossible, that Victoria was able to Government's priority in its term of office provide the drugs required for the Victorian has been to increase the Police Force by 129 people. while at the same time 14 200 people were The information for that allegation had put into the Public Service, one wonders been provided by Mr Barry Miller who was what is the true reason behind the directive then the pharmacist at the Austin Hospital. of the assistant director of operations. Is he I was sufficiently concerned to visit the hos­ directing personnel into traffic police to raise pital and to examine the level of drugs sup­ revenue for the Government's coffers and plied at the hospital and, as a result of that to finance more police? If that is what the Government's directives have been to the examination, being concerned at the sug­ Police Force, is the assistant commissioner, gestion that Victoria was short of drugs and instead of detecting major crime and pre­ also that in some hospitals we were spend­ venting it, directing police to catch people ing considerably more than we should have. who are going home from work during peak­ Mr LEIGH (Malvern)-On a point of hour traffic, when they are not likely to be order, the Minister of Health has raised killing or injuring themselves on the road, allegations against a gentleman who is pres­ but committing minor traffic offences which, ently to stand before a court. I believe it is under the Government, will produce reve­ out of order when a gentleman is before a nue for it? court as Mr Barry Miller is and the matter Mr CAIN (Premier)-I note the remarks is sub judice. The honourable member of the honourable member for Malvern and should not be mentioning it. I shall take up the matter raised by the The SPEAKER-Order! Could the Min­ honourable member for Caulfield with the ister advise the Chair at what stage proceed­ Minister concerned. ings are at in respect to the matter? Mr ROPER (Minister of Health)-The Mr ROPER (Minister of Health)-Mr honourable member for Ivanhoe raised the Speaker, it is not my intention to refer to Adjournment 2 November 1984 ASSEMBL Y 1895

any case concerning Mr Miller, who is cer­ Mr ROPER (Minister of Health)-The tainly currently before the court. I am dis­ concern that the Government had in this cussing the question of pharmacy case and other cases was that there had been departments, and the fact of the allegations an overprovision of drugs and expenditure of secret commissions and the decision of beyond the level that one would normally the courts are not matters that I intend can­ have in a major public hospital. vassing before Parliament. The management of the Austin Hospital Mr RICHARDSON (Forest Hill)-On and the management of other hospitals have the same point of order, Mr Speaker, it is examined this matter extremely carefully well known that the matter being referred and found that there was cause for action to to by the Minister is in fact sub judice. He ensure that their hospital pharmacies oper­ has just admitted that it is sub judice. What ated more effectively. the Parliament is being subjected to is a Since then, Mr Miller has, for a variety of rather grubby political expedition on a mat­ reasons, resigned, but there has been a sig­ ter which is now being discussed at greater nificant improvement in the effectiveness length by the Minister than the question of the pharmacy department at that hospi­ allows. The relevance of what the honour­ tal. As a result of Mr Naismith's report on able gentleman is saying is questionable but the pharmacy department, there will be an the matter that is not questionable is the improvement in the effectiveness of the fact that reference to the individual to whom pharmacy department. the Minister is referring and the matters The Leader of the Opposition had such which are being discussed by the Minister high esteem for Mr Miller that he claimed are sub judice and the rules of this House Mr Miller should be a member of Parlia­ are quite explicit on the matter. The Minis­ ment, but that is not possible because he is ter is clearly out of order. no longer a candidate for the Liberal Party. Mr A. J. SHEEHAN (Ivanhoe)-On the The Government will ensure that money is point of order, Mr Speaker, the matter I put effectively spent on the provision of phar­ to the Minister related to the inquiry into maceutical services at that hospital. pharmaceuticals and into the working party With regard to the matter raised by the which he established and it was clearly the honourable member for Murray Valle¥, the report of that working party to which he was Government is at present examIning referring. Therefore, it is well and truly detailed reports on the provision of ~atho­ within order. logy services at the Wangaratta hospItal. It has been claimed that those services are The SPEAKER-Order! I do not uphold undermanned. It should be noted that there the honourable member's point of order on is no bottomless pit of staff on which to the explanation of the Minister. If the draw. However, the Health Commission is honourable member has some criticism of currently examining this problem and it is the ruling of the Chair, I would suggest that hoped that, in conjunction with the hospi­ he take another action. I refer honourable tals, a solution can be arrived at. members to May's Parliamentary Practice, nineteenth edition, on page 427. I advise all The motion was agreed to. honourable members to read that section as The House adjourned at 2.2 a.m. it is too long at this time to read it out. (Saturday). 1896 ASSEMBLY 30 October 1984 Questions on Notice

QUESTIONS ON NOTICE

The following answers to questions on Interpreter 16 notice were circulated- Regional Education Officer 9 Welfare Officer 19 Psychology Officer 21 EDUCATION DEPARTMENT Research Officer FEMALE EMPLOYEES Planning Officer 1 (Question No. 533) Publications Officer 16 Mr WILLIAMS (Doncaster) asked the Audio Visual Officer 11 Minister of Education: Demonstration Unit Officer 17 1. How many women in the departments, authori­ ties and agencies within his administration are-(a) Supervisor of Homecrafts I first division officers or officers of comparable status; Media Officer 2 and (b) second division officers, indicating the posi­ Co-ordinator of Central Programmes 2 tions they occupy? Migrant Education Officers 72 2. What total percentage offirst and second division employees are women? Curriculum Officer 2 3. What total percentage of employees are women? Teacher Education Officer 11 Mr FORDHAM (Minister of Educa­ 2. 42-6 per cent. tion)-The answer is: 3. 71-1 per cent. Education Department (Professional and adminis­ trative type positions). 1. (a) Nil. COUNCIL OF ADULT EDUCATION (b) Second Division Classifications and Numbers I. (a) No first division officers or officers of com­ (Female) parable status employed by the Council of Adult Edu­ Administrative Officer Class 7 4 cation are women. Administrative Officer Class 5 2 (b) 34 second division officers employed by the Council of Adult Education are women. Administrative Officer Class 4 9 Administrative Officer Class 3 9 Women Officers in Second Division, Indicating Posi­ tions Occupied Administrative Officer Class 2 41 Administrative Officer Class 1 78 Computer Systems Officer CSO-2 3 PSBSalary Classification Position held at CA.E. Computer Systems Officer CSO-I 1 Assistant Regional Director 4 ADM8 Principal Education Officer (Literacy Principal-Manpower Planning 1 Co-ordinator) ADM7 Principal Education Officer Social Worker 85 ADM7 Senior Education Officer (Metropolitan Science Technical Officer ST-8 Field Officer) Archivist ADM6 Senior Administrative Officer (Assistant to the Director) Senior Education Officer 12 ADM6 Senior Education Officer (Senior Teacher Education Officer 7 Planning Officer) Horticultural Officer Gr. II 2 ADM6 Senior Education Officer (Access Resource Collection Co-ordinator) School Improvement Planning Officer 2 ADM5 Education Officer Library Technician (Planning) ADM5 Education Officer (Equal Opportunity Material Production Officer Co-ordinator) Speech Therapist 103 ADM5 Education Officer ADM4 Education Officer (Higher School Guidance Officer 147 Certificate Co-ordinator) Library Officer 31 Education Officer (Training Officer) Questions on Notice 30 October 1984 ASSEMBLY 1897

VICTORIAN TEACHING SERVICE CONCILIA­ PSBSalary TION AND ARBITRA TION COMMISSION Classification Position held at CA.E. I. (a) The commission does not have any women ADM4 Librarian employed and (b) as first or second division employees. Administrative Officer (Enrolments Accounting) 2. Not applicable. ADM4 Education Officer 3. The only woman, out of seven persons, employed Education Officer (Training Officer) to work for the commission is the stenographer to the ADM3 Education Officer commissioners. (14·3 per cent) Education Officer (Course Advisor) ADM3 TEACHING SERVICE APPEALS BOARD ADM3 Library Officer ADM2 Administrative Assistant (StatfOfficer) 1. (a) The board does not have any women Administrative Assistant (Higher employed as first and (b) or second division employees. School Certificate) 2. Not applicable. Education Assistant (Literacy) Administrative Assistant 3. The only woman, out of four persons, employed Technical Assistant (Library to work for the Appeals Board is the private secretary Technician) to the independent chairman. ADM2 Administrative Assistant (Conference Assistant) OFFICE OF THE CO-ORDINATOR GENERAL OF Administrative Assistant (Bookkeeper) EDUCATION ADM2 Administrative Assistant (to Assist 1. (a) 1 (b) ADM7-Research Officer. Director, Educational Programmes) 2. 100 per cent. Administrative Assistant (Salaries Clerk) 3. 66·6 per cent. Education Assistant STA TE BOARD OF EDUCATION ADM2 Administrative Assistant (Basic Education) 1. (a) Two first division officers are employed by Technical Assistant (Library the State Board of Education and they occupy the fol­ Technician) lowing positions: Administrative Assistant (Conference (i) Deputy chairperson; Assistant) (ii) Chairperson, Ministerial Committee on Post 2. 6()'96 per cent. Compulsory schooling. 3. 62·6 per cent. (b) Four second division officers are employed by the State Board of Education and they occupy the fol­ VICTORIAN POST-SECONDARY EDUCATION lowing positions: COMMISSION (i) Policy Analyst Class ADM7 I. (a) Nil. (ii) Policy Analyst Class ADM5 (b) The number of women who are second division 2. 4()'00 per cent. officers and the positions occupied- 3. 58·33 per cent. ADM8 Administrative officer VICTORIAN INSTITUTE OF SECONDARY ADM6 Administrative officer EDUCATION ADM5 Administrative officer 1. (a) Two. ADM3 Administrative officer (b) Fourteen: ADM2 Administrative officer ADM Advisory services officer 2. 46·67 per cent. Liaison officer 3. 57·45 per cent. Computer programmer Editor INSTITUTE OF EDUCA TIONAL Publications officer ADMINISTRA TION Administrative officers I. (a) Nil. Librarian Head oflnformation Services (b) Two. Syndicate Consultants. 2. 25 per cent. 2. 37·2 per cent. 3. 50 per cent. 3. 6()'6 per cent. 1898 ASSEMBLY 30 October 1984 Questions on Notice

TECHNICAL AND FURTHER EDUCATION GEELONG AND DISTRICT NURSING BOARD SOCIETY l. (Question No. 3165) SES Manager, Field Services Mr DICKINSON (South Barwon) asked ADM8 Regional Manager Central Metropolitan the Minister of Health: Region 1. What funds were requested during the past three financial years by the Geelong and District Nursing ADM8 Regional Manager Eastern Metropolitan Society and what amount was actually allocated by the Region Health Commission? ADM7 Manager Administrative Services 2. What were the reasons for reducing the allocation ADM7 Manager Equal Opportunity Unit to the society, in view ofthe growing demands on the ADM7 Administrative Officer Equal Opportun- services of this body in the Geelong community, par­ ity Unit ticularly the desire to attend to cancer patients in their own homes and not in the hospitals? ADM7 Planning Officer Facilities Planning Mr ROPER (Minister of Health)-The ADM7 Stream Co-ordinator Programme answer is: Planning 1. Budget submissions from the service requested ADM6 Administrative Officer Barwon-South­ the following funding for recurrent operations: Western Region S'OOO ADM6 Project Officer Accreditation 1983-84 1982-83 1981-82

ADM6 Administrative Officer Western Metro­ Gross operating cost 477 416) No bl!dget Revenue (incl. submISSIon politan Region Commonwealth grant) 267 239 can Estimated net be ADM6 Manager Participation and Equity operatillgcost 210 177 located Programme Actual HCV grant 261 199 163 ADM5 Administrative Officer Equal Opportun­ The Health Commission paid grants, as listed above, ity Unit have resulted from a building up of a budget base with ADM5 incremental adjustments to preserve the service's set Administrative Officer Project Planning level of operations. These changes are made through­ ADM5 Administrative Officer Policy and out the year without the service needing to apply to the Planning HCV. ADM5 Administrative Officer Migrant English Staff positions sought and approved: Unit January 1983 District nurses )OS EFT Administrative officer 0-5 ADM5 Administrative Officer Administrative aertt 0-5 Services January 1984 District nurse 1'2} To cover 0-1 38 hour ADM5 Administrative Officer Staffing and Clertt _ week Industrial s-s ADM4 Administrative Officer Oient Services 2. There has been no reduction in the Health Com­ ADM4 Administrative Officer Accreditation mission grant paid to Geelong District Nursing Society Board over the past seven years. Operating grants paid to the service for the past three years are as follows: ADM4 Administrative Officer Accreditation Year $1000 Board 1983-84 261 ADM4 Administrative Officer Barwon South 1982-83 196 Western Region 1981-82 163 ADM4 Administrative Officer Central Metro- Because of the importance of providing services for politan Region cancer patients in Geelong, I have announced a signif­ ADM4 Librarian T AFE Administration icant grant to the Geelong Hospice Care Association. ADM4 Librarian T AFE Administration LAND CONSERVATION COUNCIL ADM3 Administrative Officer (Question No. 3204) Administrative Officer Field Services ADM2 Mr WILLIAMS (Doncaster) asked the L0-4 Legal Officer Minister of Housing, for the Minister for CS0-2 Computer Systems Operator Conservation, Forests and Lands: 2. 30 per cent. In respect ofthe answer to question No. 2850, given 3. 55 per cent. on 11 September 1984, what are the exact locations, Questions on Notice 30 October 1984 ASSEMBLY 1899 areas and dates of resumption of each parcel of land (Question No. 3234) leased or licensed to individuals and/or corporations Mr HANN (Rodney) asked the Treasurer: which have been resumed by the Crown following the adoption of recommendations of the Land Conserva­ In respect of the Budget allocation for the Depart­ tion Council? ment of Management and Budget for financial year 1984-85: Mr CA THIE (Minister of Housing)-The 1. What portions of the funds will be spent in the answer supplied by the Minister for Conser­ electoral district of Rodney? vation, Forests and Lands is: 2. What are the details of all capital works projects in excess of $10 000 which will be funded in the elec­ As indicated in the earlier answer the Department of toral district'? Conservation, Forests and Lands does not maintain a consolidated list of land reserved by the Crown as a 3. Whether it is possible to provide this information result of recommendations by the Land Conservation prior to 2 October 1984'? Council. Mr JOLLY (Treasurer)-The answer is: To collate that information from various records The information requested is not kept on an electo­ would take considerable time and effort and the expense rate basis and, accordingly, the time, effort and expense of preparing an answer could not be justified. necessary to provide an answer cannot be justified. However, details of major inner budget sector pro­ jects could be provided on a location basis. If the honourable member desires to pursue the matter on RODNEYELECTORATE this understanding I suggest that he takes the request (Question No. 3228) up with me in correspondence. Mr HANN (Rodney) asked the Minister (Question No. 3236) for Police and Emergency Services: Mr HANN (Rodney) asked the Minister In respect of the Budget allocation for the Ministry for Youth, Sport and Recreation: for Police and Emergency Services for financial year In respect of the Budget allocation for the Depart­ 1984-85: ment of Youth, Sport and Recreation for financial year I. What portions of the funds will be spent in the 1984-85: electoral district of Rodney? 1. What portions of the funds will be spent in the 2. What are the details of all capital works projects electoral district of Rodney? in excess of $10 000 which will be funded in the elec~ 2. What are the details of all capital works projects toral district? in excess of $10 000 which will be funded in the elec­ 3. Whether it is possible to provide this information toral district? prior to 2 October 1984? 3. Whether it is possible to provide this information prior to 2 October 1984? Mr MATHEWS (Minister for Police and Mr TREZISE (Minister for Youth, Sport Emergency Services)-The answer is: and Recreation)-The answer is: The information requested is not kept on an elec­ The information requested is not kept on an elec­ toral basis and, accordingly, the time, effort and expense toral basis and, accordingly, the time, effort and expense necessary to provide an answer cannot be justified. necessary to provide an answer cannot be justified. However, I would be happy to respond to any spe­ However, I would be happy to respond to any spe­ cific query the honourable member may have. cific query the honourable member may have. 1900 ASSEMBLY 31 October 1984 Questions on Notice

QUESTIONS ON NOTICE

The following answers to questions on Mr H. K. Blackwood notice were circulated- Mr A. O. Meyer Victorian Barley Advisory Committee APPOINTMENTS TO STATUTORY Mr J. V. Mullaly (chairman) BODIES AND COMMODITY BODIES Or W. WiIliams Mr C. T. Patton (Question No. 3134) Or O. A. Barber Mr McNAMARA (Benalla) asked the Or M. H. Halford Minister for Local Government, for the Mr M. A. Iwaniw Minister of Agriculture: MrR. N. Simpson Mr A. L. Barber Whether the Minister will provide a list of the MrN. W. Nalder appointments he has made to statutory bodies and Mr J. S. Potter commodity bodies in the area of agriculture? MrG.J. Cole Mr WILKES (Minister for Local Gov­ Mr R. Horgan ernment)-The answer supplied by the Minister of Agriculture is: Victorian Oil seeds Advisory Committee Mr J. V. Mullaly (chairman) The appointments I have made to statutory bodies Mr R. S. Belcher and commodity bodies under my administration dur­ Mr C. T. Patton ing the year to 30 September 1984 are as follows: Or O. A. Barber Statutory Bodies Mr H. Richardson Filled Milk Advisory Committee MrJ. Spence Mr R. S. Be1cher Mr I. A. Aitken Mr J. McG. Bryden Mr W. B. Kentish Mr T. G. Maddison Mr J. H. McGlinchey MrJ. R. Pyle MrM. Waser Mr G. A. Crick Mr J. Schurmann MrT. Mulcahy Imitation Milk Advisory Committee Mr R. S. Belcher Victorian Potato Advisory Committee Mr J. McG. Bryden Mr L. G. Cochrane Mr T. G. Maddison Mr J. Parkin MrJ. R. Pyle MrF. Powell Mr G. A. Crick MrF. Rouse Tobacco Quota Committee MrB. Denney Mr A. Riagoni (chairman) Mr L. Horsfield Mr B. M. Lynch Mr R. Townley Mr C. A. Masterton Mr H. Mueller Mr H. A. White MrP. Turner Tomato Processing Industry Negotiating Committee Victorian Poultry Advisory Committee Or P. F. Shea (chairman) MrC. Turner Mr J. O. Clifford MrR.Oavies Mr R. J. Cumming Mr M. Sweetnam Mr R. W. Ouncan Mr T. Versteden Mr M. V. Lanyon Mr A. McGiIlivray MrM. Muto MrM. Moore Mr J. Campesato Mr G. Eckersley Mr B. Collett MrM. Wroby MrT. Dyer MrO. Foster Mr T. Galletly MrO.Oakes Mr J. Well man Or H. Karunajeewa Mr J. Rush (secretary) OrJ.Gould Commodity bodies MrW. Stanhope Agricultural Seed Advisory Committee Mr G. Mithen (secretary) Questions on Notice 31 October 1984 ASSEMBLY 1901

RODNEYELECTORATE 2. What are the details of all capital works projects in excess of $10 000 which will be funded in the elec­ (Question No. 3226) toral district? Mr HANN (Rodney) asked the Minister 3. Whether it is possible to provide this information of Housing, for the Minister for Conserva­ prior to 2 October 1984? tion, Forests and Lands: Mr SPYKER (Minister for Ethnic In respect of the Budget allocation for the Depart­ Affairs)-The answer is: ment of Conservation, Forests and Lands for financial The information requested is not kept on an electo­ year 1984-85: rate basis, and, accordingly, the time, effort and expense I. What portions of the funds will be spent in the necessary to provide an answer cannot be justified. electoral district of Rodney? However, I would be happy to respond to any spe­ 2. What are the details of all capital works projects cific query the honourable member may have. in excess of$IO 000 which will be funded in the elec­ (Question No. 3231) toral district? Mr HANN (Rodney) asked the Minister 3. Whether it is possible to provide this information of Labour and Industry, for the Minister of prior to 2 October I 984? Water Supply: Mr CA THIE (Minister of Housing)-The For the financial year 1984-85: answer supplied by the Minister for Conser­ I. What portions of the funds will be spent in the vation, Forests and Lands is: electoral district of Rodney? The information requested is not kept on an electo­ 2. What are the details of all capital works projects rate basis, and accordingly, the time, effort and expense in excess of $1 0 000 which will be funded in the elec­ necessary to provide an answer cannot be justified. toral district? However, I would be happy to respond to any spe­ 3. Whether it is possible to provide this information cific query the honourable member may have. prior to 2 October 1984? (Question No. 3230) Mr SIMPSON (Minister of Labour and Industry)-The answer supplied by the Mr HANN (Rodney) asked the Minister Minister of Water Supply is: for Ethnic Affairs: The information requested is not kept on an electo­ In respect of the Budget allocation for the Ethnic rate basis, and, accordingly, the time, effort and expense Affairs Commission for financial year 1984-85: necessary to provide an answer cannot be justified. I. What portions of the funds will be spent in the However, I would be pleased to respond to any spe­ electoral district of Rodney? cific query the honourable member may have. 1902 ASSEMBLY 1 November 1984 Questions on Notice

QUESTIONS ON NOTICE

. The following answers to questions on Sydney NSW 2000 notice were circulated- Lease Underwriting Limited 20 Bond Street TRANSPORT ASSETS SOLD BY THE Sydney NSW 2000 GOVERNMENT 4. As these leases have been arranged on a floating (Question No. 3066) rate basis, it is not possible to determine the average effective rate of interest for these sale and lease back Mr RAMSA Y (Balwyn) asked the Min­ arrangements. All leases arranged by the present Gov­ ister of Transport: eminent have been secured at an effective cost lower than that which would have resulted by way of private I. What is the total money value of--(a) railway semi-Government loan raisings. assets; and (b) other transport assets that the Govern­ ment has sold since 3 April 1982? 2. What proportion of assets represented by these LOANS GRANTED BY THE figures has been leased back? VICTORIAN DEVELOPMENT 3. What are the names and addresses of the compa­ CORPORATION nies or individuals who are now the owners of these leased back assets? (Question No. 3129) 4. What is the average effective rate ofinterest being Mr DICKINSON (South Barwon) asked paid under these lease back arrangements? the Minister for Industry, Commerce and Technology: Mr CRABB (Minister of Transport)­ The answer is: In respect of loans granted by the Victorian Devel­ opment Corporation since its inception: I. In respect of sale and lease back agreements arranged since 3 April 1982, the Government has sold I. How many loans have been granted where people transport assets to the value of$386 754 million: have failed to meet their obligation to repay, indicating for what purpose these loans were granted and the Trams $81 062 million security given to the corporation in respect of the loans? Trains $305 692 million 2. How many of these loans have had to be written Total $386754 million off completely indicating the amounts? 3. What action has been taken to ensure proper banking procedures are adopted in checking out appli­ 2. Other transport assets the Government has sold cations before loans are granted initially? since 3 April 1982 total $36 985 million and this amount relates to the disposal of surplus land and buildings. Mr CA THIE (Minister for Industry, This amount excludes the sale of plant, machinery and Commerce and Technology)-The answer equipment, which are assets normally disposed of in is: the ordinary course ofbusiness. Only two loans have been approved by either the 3. The companies who are now the owners of these Victorian Economic Development Corporation or leased back assets are special purpose companies estab­ Victorian Development Corporation where the bor­ lished by the following Australian financial institutions: rowers have failed to partly or fully meet their obliga­ tion to repay. AUco Leasing Limited One of the loans was approved to assist with the 367 Collins Street establishment of a tourist development at Michelton Melbourne Vic 3000 while the other loan was to assist a tourist develop­ ARMCO Australia Finance Corporation ment at Walhalla. The loan for the tourist develop­ ment at Michelton was secured by mortgages and I Castlereagh Street floating debenture charges whilst the loan approved for Sydney NSW 2000 the tourist facility at Walhalla was secured by a first Dominguez and Barry Financial Services Pty Ltd registered debenture charge over the company's assets and a joint and several guarantee. 367 Collins Street 2. One loan amounting to $335 617. 70 had to be Melbourne Vic 3000 written off completely by the corporation. Chase-NBA Group Limited 3. The actions adopted by the corporation to ensure 2 Bligh Street proper banking procedures is that a bank opinion is Questions on Notice 1 November 1984 ASSEMBLY 1903 obtained in respect of all loan applications in addition RODNEYELECTORATE to either a Dun and Bradstreet or College credit check, (Question No. 3237) contact with customers and evaluation of past track record. Mr HANN (Rodney) asked the Minister for Industry, Commerce and Technology: WORKERS COMPENSATION BOARD In respect of the Budget allocation for the Depart­ (Question No. 3221) ment of Industry, Commerce and Technology for the Mr DICKINSON (South Barwon) asked financial year 1984-85: the Treasurer: I. What portions of the funds will be spent in the Whether a recent union appointed lay member of electoral district of Rodney? the Workers Compensation Board has been temporar­ 2. What are the details of all capital works projects ily relieved of his duties or has been requested to stand in excess of $10 000 which will be funded in the elec­ aside pending the outcome of criminal investigations toral district? and/or charges against him; if so-(a) whether this 3. Whether it is possible to provide this information person is still being paid his normal remuneration by prior to 2 October 1984? the board whilst the investigations are taking place; and (b) whether there has been a replacement appointed Mr CA THIE (Minister for Industry, by the union and in that event, whether this person is Commerce and Technology)-The answer also being paid by the board the normal salary of a lay is: member? The information requested is not kept on an electo­ Mr JOLLY (Treasurer)-The answer is: rate basis and, accordingly, the time effort and expense As this question involves a matter which is to come necessary to provide an answer cannot be justified. before the courts it would be inappropriate for me to However, I would be happy to respond to any spe­ make any comment at this stage. cific query the honourable member may have. 1904 ASSEMBLY 2 November 1984 Questions on Notice

QUESTIONS ON NOTICE

The following answers to questions on of monitoring the need for interpreters and translators notice were circulated- within the legal system. It will also, in due course, provide for training and a systematic monitoring of INTERPRETERS AT LAW COURTS qualifications and experience. (Question No. 2538) LEGAL DOCUMENTS IN MAJOR Mr RICHARDSON (Forest Hill) asked COMMUNITY LANGUAGES the Premier, for the Attorney-General: (Question No. 2539) What action the Government has taken to provide Mr RICHARDSON (Forest Hill) asked interpreters at public expense for all court proceedings involving migrants who need assistance, indicating the the Premier, for the Attorney-General: number ofcases in which the service was provided, the What action the Government has taken to establish language involved and the number of cases in which common documents available in major community an interpreter could not be provided? languages, indicating which documents have been so established and in what languages? Mr CAIN (Premier)-The answer sup­ plied by the Attorney-General is: Mr CAIN (Premier)-The answer sup­ plied by the Attorney-General is: The State Government provides interpreters at pub­ lic expense in court proceedings for criminal and quasi­ The Law Department is conducting a review of the criminal offences and in coronial inquests where it is system of alternative procedure. It is proposed that in deemed necessary. the new forms which are issued a notice will be incor­ porated on the back of the form, in simple language, In civil cases the litigants themselves or their legal advisers arrange for interpreters to be available at court emphasizing the importance of the form and suggest­ in those cases where they deem it necessary. In general ing that persons with a limited knowledge of the Eng­ the cost of such interpreters forms part of the cost of lish language should have the document interpreted. litigation and is borne by the unsuccessful party to an As other forms used by the Law Department are action. In those cases in which the person is eligible for reviewed then, in consultation with the co-ordinator of legal aid the initial cost of the interpreter is borne by the Legal Interpreter Service and the Ethnic Affairs the Legal Aid Commission, and, if the aided party is Commission, the question of having the forms in com­ successful, recovered from the other party. munity languages will be addressed. The number of interpreters used is not readily avail­ able, however, the amount paid to interpreters in the 1983-84 financial year was $28 674.29 for fees and USE OF DAY LABOUR BY THE $2802.76 for incidentals, including mileage and meals. MINISTRY FOR THE ARTS In the year 1983-84, interpreters were used on 486 (Question No. 2643) sitting days in court proceedings for criminal and quasi­ criminal offences and in coronial inquests. Mr WILLIAMS (Doncaster) asked the No record is available of the languages involved in Minister for the Arts: court proceedings for which the State Government 1. How many contracts for work to be performed by directly or indirectly provides interpreting services. departments, agencies and authorities within his Similarly, the number of cases in which interpreters administration were carried out by "day labour" in have not been provided is not recorded. It is, however, 1981-82 and 1982-83? the practice in our courts to stand cases down or adjourn them so that parties may have access to interpreters 2. What percentage of total contracts awarded this when necessary. represents? The Government has announced that a Legal Inter­ 3. What is the total value of contracts let in 1981-82 preter Service (LIS) will be established which will have and 1982-83 and what is the estimated value of con­ as its function the provision of interpreter and transla­ tracts awarded to day labour? tor services to Government departments requiring such Mr MATHEWS (Minister for the Arts)­ services for use within the legal system. The LIS will The answer is: keep a register of interpreters and translators who have reached an appropriate standard set by the National The term "day labour" has been interpreted to mean Accreditation Authority for Translators and Interpret­ contracts in which the department, agency or authority ers, and access to the register will be given to non­ hired persons to work on a daily basis and paid them government users. The LIS will also have the function directly for work done. Questions on Notice 2 November 1984 ASSEMBLY 1905

Joy Callister to the Environment Council, either to the 1981-82 1982-83 Premier or any other person of whom the Premier is 1. Number of contracts aware, prior to 2 July 1984; if so, what opinion was carried out by day received? labour 124 281 4. Whether he will inform the House as to the names 2. Percentage of total of all persons with whom he discussed the possible contracts that the above appointment ofValerie Joy Callister? number represents 5·2% 13·2% 3. Total value of contracts 5. Whether Valerie Joy Callister sought appoint­ let $2141 648 $2880206 ment to the Environment Council; if not who made Estimated value of the approach to her? contracts awarded to day 6. Whether any Government member has received labour $211 024 $417 152 any payment or reimbursements whatsoever from Government sources other than their salary or official ADDITIONAL EMPLOYEES ON THE entitlements during the lifetime of the present GOVERNMENT PAY-ROLL Government? (Question No. 3173) Mr CAIN (Premier)-The answer is: Mr A. T. EVANS (Ballarat North) asked The appointment ofValerie Callister to the Environ­ the Premier: ment Council was the sole responsibility of the Minis­ In respect of the additional new employees placed ter for Planning and Environment. Any aspects of parts on the Government pay-roll since 3 April 1982: I to 5 of the question which have not been clarified to Mr Brown's satisfaction by statements in Parliament I. What is the name of each person appointed dur­ by me and other Ministers on 4 September 1984, would ing this period, indicating the department or section in be more appropriately addressed to the Minister for which each person is employed? Planning and Environment. 2. What are the specific duties each person is now performing and the annual salary paid to each? With regard to part 6, it is appropriate for members who serve committees to be reimbursed for out-of­ 3. What was the previous occupation and experi­ pocket expenses incurred as a result of serving on these ence of each of these persons? committees. 4. How many of these new employees have been classified by the Public Service Board in the categories I am advised that consistent with Government pol­ formerly known as Class "A I" and Class .. A2" or the icy and the requirements of the Constitution Act, no current comparable categories? Government member has received any remuneration, other than any out-of-pocket expenses, from Govern­ Mr CAIN (Premier)-The answer is: ment sources other than their salary and official M uch of the information requested in this question entitlements. is the same as that asked for in question No. 3068 and is again refused for the reasons given earlier. DEPARTMENT OF THE PREMIER The additional information requested in this ques­ AND CABINET FUNDS FOR RODNEY tion is also refused for the same reasons. ELECTORATE (Question No. 3233) APPOINTMENT OF VALERIE JOY CALLISTER TO ENVIRONMENT Mr HANN (Rodney) asked the Premier: COUNCIL In respect of the Budget allocation for the Depart­ (Question No. 3191) ment of the Premier and Cabinet for financial year Mr BROWN (Westemport) asked the 1984-85: Premier: I. What portions of the funds will be spent in the electoral district of Rodney? I. Whether the proposed appointment of Valerie Joy Callister to the Environment Council was raised in any 2. What are the details of all capital works projects form of which the Premier is aware prior to 3 July in excess of $1 0 ()()() which will be funded in the elec­ 1984? toral district? 2. Whether he, or any person of whom the Premier 3. Whether it is possible to provide this information is aware, sought an opinion of any public servant rela­ prior to 2 October 19841 tive to the proposed appointment ofValerie Joy Callis­ ter to the Environment Council prior to 2 July 1984; if Mr CAIN (Premier)-The answer is: so, what opinion was received? The information requested is not kept on an electo­ 3. Whether any public servant provided any infor­ rate basis and, accordingly, the time, effort and expense mation relative to the possible appointment ofValerie necessary to provide an answer cannot be justified. Session 1984-69 1906 ASSEMBL Y 2 November 1984 Questions on Notice

However, I would be happy to respond to any spe­ The objectives ofthe committee are: cific query the honourable member may have. l. To consider general development policies for the metal and engineering industry in Victoria and "DE FACTO" PARTNER TRAVEL to consider specific programmes to stimulate par­ ALLOW ANCE FOR ticular sectors of the industry with particular empha­ PARLIAMENTARIANS sis on employment and training. (Question No. 3132) 2. To determine and complete specific tasks for Mr DICKINSON (South Barwon) asked the improvement of employment and training in the the Premier: metal and engineering industry in Victoria. 3. To keep under review the economic perform­ How many Parliamentarians have claimed the de ance and prospects of the metal and engineering facto partner travel allowance since its introduction by industry in Victoria. the Labor Government indicating which party they represent? 4. To provide a forum for regular consultation and communication on employment and training Mr CAIN (Premier)-The answer is: issues in the metal and engineering industry in The Government has not introduced a de facto part­ Victoria. ner travel allowance. 5. To ensure that Government is well informed My approval is required for overseas visits by Min­ on the requirements of the metal and engineering isters and party leaders where the travel is sponsored industry for its survival and development. by the Victorian Government. 6. To co-operate with similar committees at a As yet I have not been asked to approve an applica­ national level. tion for overseas travel involving a de facto spouse. The committee first met on 3 October 1983. Official overseas travel by other members of Parlia­ Its major activities to date have been to provide a ment usually comes under the sponsorship of the Com­ forum for the exchange of information and the discus­ monwealth Parliamentary Association. In this case the sion between representatives of employers and trade association is responsible for deciding the policy for unions of common problems. Issues discussed by the travel by de facto spouses. committee to date include: • Employment and training issues. METALS AND ENGINEERING INDUSTRY DEVELOPMENT • Government purchasing policies. COMMITTEE • Offset arrangements (Question No. 3260) • Commonwealth policies towards industry research and development Mr ERNST (Geelong East) asked the • Standards and quality control Minister for Employment and Training: • Industry incentives I. What is the role and objective ofthe Metals and Engineering Industry Development Committee, indi­ • Export development cating which parties are involved in the activities of • Workers compensation. the committee, what have been the major activities to The committee has participated in the preparation date and whether there has been any indication of the of a number of submissions to major inquiries success of the initiative? including: 2. What is the reaction of the State's manufacturing • the Industries Assistance Commission inquiry into industries to the achievement of the Government's heavy engineering employment objectives? • the inquiry into the Industries Assistance 3. What is the relative skill intensity of the manu­ Commission facturing sector compared with other industries and • the inquiry into the role and effectiveness of bodies which industries are leading the way in the areas of providing technology support to industry. technological change and development? It has developed proposals for a number for semi­ 4. What are the details of employment initiatives in nars concerning Government purchasing policy. It has Victoria's manufacturing industries? sponsored, or has oversight over a number of research projects including a number of sectoral studies, a pro­ Mr SIMMONDS (Minister for Employ­ posed detailed study ofthe employment effects of CAD/ ment and Training)-The answer is: CAM manufacture, a study of the employment effects I. The Metal and Engineering Industry Develop­ of Australian manufacturing contracts, and studies of ment Committee is made up of representatives from .. J ust-in-Time" manufacture and of flexible manufac­ several Victorian State Government departments, the ture in the foundry industry. Metal Trade Unions and the Metal Trades Industry Its chief objective has already been achieved, that is, Association. the establishment of a forum in which the common Questions on Notice 2 November 1984 ASSEMBLY 1907 problems of employers and unions can be discussed. imports which threatens Victoria's future capacity to Other indicators of the success ofthe initiative include: produce sophisticated capital goods and to provide • the establishment ofthe Industrial Supplies Office work for its skilled labour force . • research into areas where the interface between A healthy and expanding capital goods sector is vital Government and industry can be improved. to Victoria's economic future and its ability to pene­ trate the rapidly growing export markets in Asia. This 2. Since coming to office, the Victorian Govern­ cannot occur, however, until a greater part of the ment has worked closely with industry, both employ­ domestic market is supplied by Australian manufac­ ersand trade unions. It has taken a number of important turers. The principal aim of the ISO is to ensure that steps in developing the processes for consultation with the billions of dollars in orders for machinery and industry which are essential for the development of equipment currently going overseas will be available relevant and effective economic and industry policies. to local manufacturers. For example, under the auspices of the Manufactur­ This does not mean that purchasers of capital goods ing Advisory Council a joint submission has been put should be placed at a disadvantage-only that Vic­ to the Industries Assistance Commission's inquiry into torian and Australian manufacturers be given a "fair heavy engineering. This is an agreed position by the go" and be able to compete on equal terms with over­ Victorian Government and the major employer bodies seas suppliers. and trade unions. The aim of the ISO is to bring industry'S buyers and It represents an important example of tripartite co­ sellers together and this reflects the important role of operation which is a major principle of the Victorian the office in improving the flow of information between Government in developing its economic and industry purchasers and domestic suppliers of technically policies. advanced machinery and equipment. While not necessarily with all aspects of Victoria's As the Minister responsible for training I am also economic strategy, industry leaders have expressed concerned to enhance Victoria's industrial skills base, strong support for its broad thrust. This is reflected in not only through the Ministry's links to the T AFE the representation on the manufacturing advisory system but also through its Skills Centre Programme council of such major bodies as the Victorian Chamber and its Front End Intensive Training Programme. of Manufactures, the Metal Trades Industry Associa­ Skill centres cover a wide range of arrangements tion, the Victorian Trades Hall Council, the Victorian where training can be simulated in off-the-job work Employers' Federation and the Federated Ironwork­ environments. The training provided usually serves to ers' Association of Victoria. supplement that given on-the-job by industry and by The close involvement of industry with the work of post-secondary institutions. Skill centres have a useful the Manufacturing Advisory Council and other con­ role to play in providing (i) basic, practical training; sultative mechanisms which have been put in place by (ii) operator training; (iii) acceleration of training of the Government are a practical demonstration of apprentices and others; {iv) specialized training in the industry support for the Victorian Government's eco­ application of new technologies as part of a continuing nomic strategy. education and training process, and (v) strengthening 3. The manufacturing industries are relatively the commitment ofindustry to training. There are now intensive in the trade skills, with a higher percentage ten centres which have either been established or of the manufacturing work force possessing trade-cer­ assisted by the Ministry. tificate qualifications than in all other industries. In Because of the growing specificity of skill require­ particular the metals and engineering industries collec­ ments in many areas of industry, and the high cost of tively have by far the largest concentration of occupa­ maintaining up-to-date equipment in Government tions essential to the technological development of a training institutions, a greater role for industry-based modem industrial economy, ranging from the univer­ training seems inevitable in the future. Through the sity-trained, tertiary qualified professional engineer Ministry'S Front End Intensive Training Programme through a wide range of technical occupations to the larger and more technologically advanced firms are largest collection of craft skills in any industrial sector. contracted to provide training for employees of smaller supplier firms-for example as with the currently oper­ 4. There have been a number of employment initia­ ating REPCO training centre and the Ford apprentice tives in Victoria's manufacturing industry covering both training centre. The Ministry is now finalizing negoti­ the training and employment development pro­ ations with six major firms to upgrade their apprentice grammes. In this latter area the most important new training facilities and to open them to apprentices out­ initiative has been the establishment of the Industrial side their organization. Supplies Office-ISO-which is initially aimed at expanding jobs in the metals and engineering industry. EMPLOYMENT INITIATIVES This sector is the most skill intensive industry in the (Question No. 3261) State but many of its workers are looking for work. On the other hand much of Victoria's highly developed Mr McOONALD (Evelyn) asked the ability to manufacture advanced machinery and Minister for Employment and Training: equipment is going to waste because of a lack of orders. 1. What employment initiatives the Ministry of This situation has been exacerbated by a flood of Employment and Training has taken in the past twelve 1908 ASSEMBLY 2 November 1984 Questions on Notice months in the areas of-(a) short-term job creation; Board has approved nine temporary positions within (b) labour market disadvantage; and (c) long-term job the Ministry to provide information and advice on generation? affirmative action policies and programmes within 2. Whether he will ascertain and inform what has Australia and overseas; to assist in explaining the been the impact ofthese initiatives upon the Victorian implications of the Federal Government's proposals unemployment compared with other States and in relation to affirmative action and sex discrimina­ nationally? tion; and, to work with the staff in various State Government affirmative action units to equip and 3. What are the key unemployment trends now as enable them to fulfil their functions most effectively. compared with those of the previous two years? (2) Affirmative employment units within the pub­ 4. Whether he will provide full details of Victorian lic sector are to be established by the Ministry in up labour market trends over the past three years? to six Government departments. Such units will Mr SIMMONDS (Minister for Employ­ develop, implement and monitor equal employment ment and Training)-The answer is: opportunity management plans. I. (a) The Ministry administers the Community (3) Affirmative employment units within the pri­ Employment Programme--CEP-with the Common­ vate, community, local government, trade union and wealth Department of Employment and Industrial education sectors-these units will operate in a sim­ Relations. The CEP was introduced in the 1983 Fed­ ilar manner to those in the public sector. Essentially, eral Budget. The programme is to run for three years. they will operate within peak, or umbrella, organi­ Victoria's allocation for 1983-84 was $64·0 million zations and will provide advice and consultancy and a further $94·4 million has been provided for support to other organizations within their sector 1984-85. seeking to introduce affirmative employment poli­ Objectives cies and programmes. CEP is directed towards assisting long-term unem­ Funding has already been approved for the estab­ ployed persons who are particularly disadvantaged lishment of a community sector affirmative employ­ in the labour market and consequently least likely to ment unit within the Brotherhood of Saint Laurence. benefit from improved economic activity. Discussions are progressing with representatives of the Trades Hall Council, Victorian Chamber of The scheme was based on the State initiated EIP Manufactures, Victorian Employers Federation, Box job creation scheme. Preference will continue to be Hill College of T AFE and the Local Government given to areas of high unemployment and to projects Industry Training Committee. which reach the target groups, have strong training and support components, and which provide worth­ (4) Employment demonstration projects-under while community benefits. these projects, schemes are being, and will be, sup­ Programme Administration ported to test a variety of employment initiatives aimed at meeting the special needs of the particu­ All applications for CEP funds are considered by larly disadvantaged. In order to overcome the insti­ a consultative committee, comprising Government tutional and attitudinal barriers faced by particular officials and representatives of local government, groups, employment projects may need to offer pre­ non-Government organizations and interest groups. employment training, extended work experience and The consultative committee is serviced by a joint employment support counselling. To date, a number Federal and State secretariat. ofprojects have been supported which focus on young The programme contains two categories of grants: offenders and institutionalized youth, women, older workers, Aborigines, migrants and the disabled . • to State Government departments, local govern­ ment and community groups. 1. (c) In the area oflong-term job generation, initia­ tives over the past twelve months have been in the • to local government for jobs on local roads. following areas: To achieve the expenditure of $64.0 million in (1) Community enterprises-a pilot of four com­ 1983-84, field officers from the Commonwealth Department of Employment and Industrial Relations munity-based initiatives with potential for develop­ and the Ministry of Employment and Training pro­ ment as viable business enterprises are currently cessed applications for approval in excess of $120 being funded. These are sponsored by Preston T AFE million. College, Northern News, Ferntree Gully High School and Aemington Community Enterprises Incorpor­ Approximately 5000 persons were placed to 30 June ated. A further two are currently under consideration. 1984 and a further 3650 persons will be placed in 1984-85 due to approvals in 1983-84. (2) Municipal enterprises-the development of enterprises under the auspices of local government I. (b) In the area of labour market disadvantage, is being investigated and in this regard I have pro­ initiatives over the past twelve months have been in posed the establishment of a working party compris­ the following areas: ing the key players to examine the issues involved. (1) MEAT affirmative employment, policy, Brunswick City Council has received funding to research and informatioA units-the Public Service undertake a feasibility study-business plan into the Questions on Notice 2 November 1984 ASSEMBLY 1909

establishment of a viable municipal enterprise based Full details of Victorian labour market trends over on energy conservation services. the past three years will be provided in due course. (3) Industrial supplies office-aimed at expand­ AFFIRMATIVE EMPLOYMENT ing skilled job opportunities in Victoria by linking PROGRAMME purchasers of technically advanced goods and ser­ (Question No. 3262) vices with Victorian actual or potential suppliers. Mrs SETCHES (Ringwood) asked the (4) Regional activity-consideration is being given Minister for Employment and Training: to the establishment of regional enterprise boards 1. What role the business and trade union com­ which will focus on employment and development­ munities have taken in the provision of advice and the related aspects within their respective regions. Two development and implementation of policy and pro­ initiatives in this area are currently being funded. grammes in the employment and training areas? (5) Self-employment ventures-iniatives are being 2. What are the details and objectives of the affirm­ investigated which aim to develop mechanisms ative employment programmes and what are the target whereby unemployed can develop their own job cre­ groups, indicating how successful. the activities con­ ation ideas which will become self-supporting beyond ducted under the programme have been? the funding period and allow them to become inde­ 3. What are the details and objectives of the pendent generators of employment. employment development programme, indicating how successful the activities conducted under this pro­ (6) Co-operatives-seventeen co-operatives are gramme have been to date? currently supported, including one conversion co­ operative. Business and educational services are Mr SIMMONDS (Minister for Employ­ provided through Ballarat CAE, Preston T AFE and ment and Training)-The answer is: the Collingwood-Richmond-Fitzroy Credit Co­ 1. The business and trade union communities have operative to funded co-operatives. These service played an extensive role in the provision of advice and providers also investigate potential conversion co­ development and implementation of policies and pro­ operatives and provide advice to the Ministry in this grammes in the employment and training areas. Of regard. particular significance in the area of training has been their role in the 14 industry training committees and 2. The Victorian Government will carry out proper the 54 trade committees in Victoria and the develop­ evaluations of all employment initiatives taken by the ment and management of a number of the Ministry's Ministry of Employment and Training in the past skills centre initiatives. Both communities also parti­ twelve months. These evaluations shall include assess­ cipate in a wide range of research studies into training ments of their impact on unemployment, and will be needs of industry and possible programme responses freely available to the public following their completion. to identified needs. All training initiatives undertaken by the Ministry seek to involve tripartite participation Members will be aware that a full evaluation was in the development and implementation of training undertaken of the Victorian Government's employ­ policie5 and programmes. ment initiatives programme by the Institute of Applied In the employment area, prior to introduction of Economics and Social Research. The final report of EIP, wage pause programme and CEP, discussions were this evaluation has been completed, and copies can be held with the Trades Hall Council, some industry union obtained from the Government Printer. groupings and a few individual unions about the impli­ 3. Following the current Government's initiatives, cations of job creation programmes. General agree­ ment on their implementation was reached between unemployment in Victoria fell by approximately 33 300 the Trades Hall Council and the Ministry. Trades Hall or 20·4 per cent during the current year; by comparison Council has a representative on the Victorian Consult­ it had risen by 9·3 per cent and 48·2 per cent in the two ative Committee which recommends CEP projects for previous years. By August 1984, the Victorian unem­ approval to the State Minister and Commonwealth ployment rate had fallen to 7 per cent, as compared delegate. A union liaison officer, Mr Ron Hutchins, with 8·9 per cent a year before and as compared with has been seconded from Trades Hall Council to work 8·6 per cent for the nation as a whole. with Ministry officers on industrial relations aspects of the development and implementation ofthe CEP. His 4. The labour market in Victoria has shown a role aims to prevent or minimize industrial disputes significant improvement during the past year as com­ on CEP projects and involves: pared with the previous two years, and as compared with the rest of Australia. This is a result of strong (i) vetting applications going before the consultative employment growth. The employment gains over the committee to ensure correct awards are applied; past twelve months have been broadly based with par­ (ii) providing advice to Ministry field officers on ticularly large percentage increases recorded in such awards, union coverage and industrial relations; areas as finance, community services, wholesale and (iii) liaising with individual unions, industry groups retail trade, agriculture and some areas of and sponsors to prevent or resolve industrial disputes manufacturing. which may arise on individual projects; Session 1984-70 1910 ASSEMBLY 2 November 1984 Questions on Notice

(iv) keeping unions, regional trades and Labour unemployment crisis in the Victorian metals and engi­ Councils and the VTHC informed on developments in neering industries? CEP and job creation initiatives. 2. What new forms of small business organization In other employment programme areas the business he is encouraging? community in particular has been involved in the pro­ 3. What initiatives he has taken to accelerate the vision of advice for the establishment of commercially rate of long-term job generation through the provision viable enterprises and in the area of small business of technical and financial assistance to the small busi­ support. Of particular significance is the involvement ness community and what are the principals underly­ of the Metal Trades Industry Association in the devel­ ing these initiatives? opment and establishment of the Industrial Supplies Office. Trade unions have been involved in the provi­ Mr SIMMONDS (Minister for Employ­ sion of advice on industrial matters effecting the devel­ ment and Training)-The answer is: opment and operation of enterprises such as co­ The Ministry has provided direct assistance to exist­ operatives and community businesses which have been ing small business for the following purposes: supported by the Ministry. The relevant unions and employer groups will similarly be encouraged to parti­ 1. Relief management support to allow owner man­ cipate in the development of the municipal enterprise agers to undertake approved training. concept. 2. Grants for development of special courses of 2. The objective of the Affirmative Employment training to meet the needs of small business. Programme -is to develop and maintain long-term 3. Production and maintenance of computer listings employment opportunities for the particularly dis­ of available training to assist small business. advantaged unemployed and to reduce discriminatory 4. A training counselling service for small business. labour market practices. 5. Train the trainer courses to ensure a supply of This programme is targeted specifically at groups skilled persons to provide direct training input to small discriminated against on the basis of sex, age, ethnic business. background, disability or other distinguishing charac­ teristics. The programme provides a greater range of 6. Seminars at various localities around the State to specific training and support mechanisms than does advise small business. the CEP. Such support is considered necessary for these 7. New starter courses to allow those entering small groups to overcome their social and institutional dis­ business for the first time to acquire skills and advantage and gain permanent entry to mainstream understanding. employment. These activities are based on survey findings which 3. The Employment Development Programme was indicate that lack of skills/training is the major cause established to provide support to those activities or of small business failure. initiatives which provide new ways of creating long In addition to the above, very significant assistance term employment in Victoria. The programme aims to has been provided to small business in the form of co­ pilot a range of initiatives impacting on the private, operatives through the Co-operative Development public and community sectors with the primary aim of Programme. In this programme, alternative forms of job generation. Dependent upon the nature of the small business are being developed which aim to pro­ activity and type of organization to be supported, it is vide all participants in the worker co-operative with a expected that loans as well as grants will be made close involvement in the direction and operation of available. the enterprise while maintaining the objective offinan­ Activities conducted under both the Affirmative cia I viability. Employment Programme and the Employment Devel­ The Ministry is also supporting conversion co-oper­ opment Programme have to date been on a pilot basis atives in which existing small businesses are converted in order that each initiative in the area can be accur­ from private to co-operative ownership in the context ately assessed and evaluated to determine its employ­ of expansion and development of a viable enterprise. ment generation potential and scope for more general All of these developments are backed by intensive implementation. training and business advice services to prospective It is as yet too early for a definitive statement to be and existing small co-operative enterprises. made as to the success or otherwise of individual Further areas of direct support provided to small initiatives, although initial indications look most business by the Ministry include: promising in several areas. (a) the services of the Industrial Supplies Office to EMPLOYMENT INITIATIVES ensure that business is fully apprised of the capabilities (Question No. 3268) of small. business and, conversely, small business is aware of the needs of larger enterprises for supply of Miss CALLISTER (Morwell) asked the goods and services; Minister for Employment and Training: (b) research of the supply and activity inter-

Statewide Total 32 460 2397805 * This figure involves original grant only exclud­ Mallee 18 122 1079056 ing-I. Increased amounts credited to projects during Wimmera 9 43 382645 South Western 18 99 825366 their operation. 2. Bush-fire projects totalling $1 mil­ Loddon Campaspe 23 86 922975 lion, 112 jobs and 12 projects. 3. Special Municipal Central Highlands 23 126 I 337279 Youth Employment Programme involving $5·6 mil­ Barwon 33 204 2051013 Goulburn 25 122 I 358791 lion (original approval), 1092 jobs and 195 Upper Murray 13 51 406 903 municipalities. 1914 ASSEMBLY 2 November 1984 Questions on Notice

TABLE THREE No. of Relative Distribution of Jobs Generated Under EIP & Target Jobs Projects Total Grant W/P& CEP W/P $ Metro 892 194 8621 396 EIP Target Jobs Projects Total Grant Country 451 85 4134245 Statewide 302 67 3437491 $ Metro 1592 314 17708610 1645 346 16193132 Country 963 190 9405597 Statewide 460 32 2397805 CEP Metro 5859 748 85843027 *3015 536 29512012 Country 3066 551 34604255 This figure increased to 3500 approximately since 8925 1299 120500000 the report prepared by IAESR

The following answers to questions on lands to-(a) develop five and ten year capital works notice were circulated subsequent to the end programmes; (b) review the role and objectives of such ofthe session and prior to the dissolution of bodies; and (c) reassess the aims, organization and the Legislative Assembly on 25 January management of such bodies in accordance with docu­ 1985- mented policies of the Australian Labor Party? 2. What specific public documents would assist in PROSECUTIONS LAUNCHED evaluating the applicability of Labor Party policies to UNDER CONSUMER AFFAIRS ACT such action? (Question No. 2133) Mr CA THIE (Minister of Housing)-The answer supplied by the Minister for-Conser­ Mr BROWN (Westernport) asked the vation, Forests and Lands is: Minister of Consumer Affairs: 1. (a) In respect of my previous portfolio of Minis­ What are the details of all prosecutions launched ter of Lands, a three year forward look programme was under section 9 of the Consumer Affairs Act 1972 since in operation in 1983 in respect of the Department of the inception of the Consumer Affairs Bureau? Crown Lands and Survey. In the amalgamated Depart­ Mr SPYKER (Minister of Consumer ment of Conservation, Forests and Lands, agencies Affairs)-The answer is: operate on differing bases in respect of capital works. However, the department and its agencies will operate I have assumed that the question asked by the on a three year forward look programme from the honourable member is not intended to apply to section beginning of the 1985-86 financial year. 9 of the Consumer Affairs Act as that section is not an enforcement section. I have also assumed that the (b) and (c) Upon taking office steps were taken to honourable member intended the question to apply to ensure that the aims and objectives of bodies in my section 98, which empowers the Director of Consumer administration were revised in accordance with the Affairs to either institute proceedings, or defend them, Government's policies. on behalf of consumers in prescribed circumstances. 2. The document "Preparing for Government It is not possible to provide details of such actions as Financial Management and Economic Strategy", which no separate records have been kept, however, the was released by the Victorian Branch of the ALP prior honourable member is referred to the Ministry's Annual to the April 1982 election. Reports for the years 1974-75, 1980-81, 1981-82, 1982-83 for comments on action taken under section PETROL PRICES 98. (Question No. 2748) LANDS DEPARTMENT REVIEWS Mr KEMPTON (Warrnambool) asked the Minister for Consumer Affairs: (Question No. 2258) In respect to the wide variation in the cost of super Mr WILLIAMS (Doncaster) asked the and standard grade petrol for automobiles, particularly Minister of Housing, for the Minister for in country Victoria, and the difference in cost between Conservation, Forests and Lands: Geelong, Colac, Camperdown, Terang and With reference to the answer given on 12 October Warmambool: 1982 by the Honourable the Minister of Health in 1. What are the reasons for this wide diversity in response to question No. 775: petrol pricing? I. Will he indicate examples of any similar action 2. What action the Government will take to ensure recently taken by departments, authorities and agen­ that a uniform price of petrol will apply throughout cies within the Minister's administration of Crown Victoria? Questions on Notice 2 November 1984 ASSEMBLY 1915

3. Whether the Government will·use its petrol tax­ The Draft Report on Divorcement and Petroleum ing powers to ensure that a uniform price applies? Marketing of the Special Advisory Group to the Min­ 4. Whether the Government will ensure that petrol ister of Consumer Affairs examined a number of pro­ retailers are protected in any implementation of a uni- posals aimed at achieving greater uniformity of petrol form price for petrol? . prices. The Government will await the Group's final report before making a decision on whether further Mr SPYKER (Minister of Consumer uniformity of petrol prices can be achieved. Affairs)-The answer is: 3. As I have pointed out before, the Government 1. Currently the Prices Surveillance Authority sets has already indicated that further decisions on petro­ an industry maximum capital city wholesale price for leum marketing, including any possibility of a uniform motor spirit. The authority also determines approved price will be made after receipt of the final report and freight costs fOf deliveries to country areas. Under the recommendations by the Special Advisory Group. Commonwealth States Grants (Petroleum Products) 4. The Government has already indicated that petrol Act 1965, freight costs are subsidized, with the result retailers will be given every consideration but any deci­ that the maximum approved freight differential (minus sions regarding petrol marketing will be made in the the subsidy) is no more than 1·2 cpl. Actual freight public interest. costs depend largely upon distance from the refineries to the delivery point. DWELLINGS CONSTRUCTED ON Actual retail prices vary across Victoria, normally THE BASIS OF INFILL PROJECTS within a range of 2 to 4 cpl, but at particular times, (Question No. 3025) when discounting occurs, up to 6 to 7 cpl. Mr BROWN (Western port) asked the Price differences primarily reflect different competi­ Minister of Housing: tive influences with low prices being more common where there are large numbers of service stations and 1. What are the locations of all dwellings which have secondary brand marketers, such as Solo and Fina, and been constructed on the basis of infill projects from 30 where there is more than one wholesale distributor. June 1982 to the present time, indicating- Temporary excess product supply also causes price (a) the value of each site on which each dwelling has reductions, especially near refineries. been constructed; and 2. Imposition of a uniform actual retail price, as (b) the contract price of each respective dwelling? distinct from the current uniform maximum wholesale 2. What are the details ofother costs associated with price set by the Commonwealth would be fraught with the construction of these dwellings? difficulties. 3. What is the cost of the dwelling which was con­ Adverse effects on efficiency may occur if the elimi­ structed at 462 Pickles Street, South Melbourne, and nation of price competition led to the intensification of the value of the site? other forms of non-price competition. Depending on the level at which it was fixed, a uniform price could 4. What is the value of the Ministry's residence and land at 169 Cecil Street, South Melbourne? deny many consumers the benefits of lower prices because of discounting, or alternatively, it could jeop­ Mr CA THIE (Minister of Housing)-The ardize supply in high cost markets. answer is: Average per Land Unit Land No.oj Completion Contract Purchase and Project Units Date Price Price Construction

$ $ $ I. 38 Batman St, Fitzroy 2 25.11.82 107886 53943 III St Georges Rd, Fitzroy 2. 75,78, 79 Kay St, Carlton 3 2.3.83 166738 8 160 58300 3. Nelson Rd, Sth Melbourne-Phase 3 10 6.6.83 492 171 113302 60547 4. 51, 53, 56, 60 Station St, Carlton 4 5.8.83 194961 54317 62319 5. 41 Collins St, Geelong 6 9.9.83 257663 35000 48777 6. 155-159,251-253 Nicholson St, Carlton 5 7.10.83 239618 102478 68419 7. 12-14 Brighton St, Richmond 6 17.10.83 319326 71000 65054 16-18 Lesney St, Richmond 8. Nelson Rd, Sth Melbourne-Phase 4 10 30.11.83 613 196 124522 73771 9. 69 Euston Rd, Oakleigh 3 19.12.83 178296 37201 71 832 10. 43-45 Kay St, Carlton 4 16.12.83 201 834 18205 55009 76-80 Station St, Carlton 11. 205-211 Highett St, Richmond 9 6.2.84 316275 65669 42438 12. Perry St, Collingwood 17 20.10.84 864214 165850 60592 13. 204-212 Pickles St, Sth Melbourne 6 27.2.84 294638 37 152 55298 14. 52-54 Bennett St, Fairfield 7 15.3.84 354484 660 50734 10 Smith St, Fairfield 1916 ASSEMBLY 2 November 1984 Questions on Notice

A verage per Land Unit Land No.oj Completion Contract Purchase and Project Units Date Price Price Construction

$ $ $ 15. Nelson Road, Sth Melbourne-Phase 5 56 11.4.84 2701 993 513477 57419 16. Poole St, Bennettswood-Phase 2 5 11.4.84 231 225 131000 72445 17. Poole St, Bennettswood-Phase I 20 16.4.84 1011 008 524400 76770 (land purchased from Education Dept) 18. 1-11 Salisbury Cres, Fitzroy 6 21.5.84 393776 29674 70575 19. Francis St, Collin~wood 5 22.5.84 270170 20397 58 113 20. 289-293 Francis t, Yarraville 6 21.6.84 353060 55000 68010 21. 39-41 Walker St, Northcote 7 9.7.84 438 195 74430 73232 22. Nelson Rd, Sth Melbourne-Phase 7 7 5.7.84 527782 89758 88220 23. Gordon and Barkly Sts, Footscray 20 20.7.84 1003456 235000 61922 24. 17 Arundel Rd, Keilor 2 29.5.84 101 471 25000 63235 25. Graham St, Port Melbourne 37 21.8.84 2302531 275651 69680 26. Graham Rd, Highett 102 15.10.84 5045794 630000 55645 27. Rawdon Hill Drive, Dandenong North 4 27.6.84 180609 56000 59 152 28. Outlook Drive, Dandenong North 2 26.6.84 97020 30000 63510 29. 44-46 Atkinson St, Chadstone 3 9.11.84 162782 40 850 67877 30. Virginia Hill, Eaglehawk 67 5.3.84 3371137 40365 50918 31. Biralee Park, Wodonga 74 19.4.84 3677 709 22323 50000 32. 251-253 Rae St, Fitzroy 3 10.8.84 119410 42250 53886

3. The Ministry of Housing does not own a property recommendations of the commission were accepted by at 462 Pickles Street, South Melbourne. the Government for inclusion in the document? 4. The property at 169 Cecil Street, South Mel­ Mr SPYKER (Minister for Ethnic bourne, is part of the Emerald Hill Estate. The total Affairs)-The answer is: estate was purchased from the Melbourne Family Care Centre for $3 500 000 on 22 April 1974. Minor reno­ The Government consulted officers of the Ethnic vations have been made to the property at 169 Cecil Affairs Commission. Street by the Ministry, and the South Melbourne coun­ EDUCATION FUNDING FROM cil's rating valuations are- COMMONWEALTH GOVERNMENT (a) Capital improved value $100 000, and (Question No. 3123) (b) Site value $35 500. Mr JONA (Hawthorn) asked the Minis­ CONSUMER AFFAIRS COMMITTEE ter of Education: (Question No. 3115) 1. What is the total fundina received from the Com­ monwealth Government for education in Victoria Mr RICHARDSON (Forest Hill) asked excluding funds for univenities, colleges of advanced the Minister of Consumer Affairs: education and technical and further education? Whether the Consumer Affairs Committee has been 2. What proportion of these Commonwealth funds appointed; if so-(a) who are its members; (b) what is are provided by way of tied and untied grants, the political affiliation of each; and (c) whether the respectively? committee has been given any references by the Min­ ister and, if so, what was that reference, indicating Mr FORDHAM (Minister of Educa­ whether the committee has reported to him? tion)-The answer is: Mr SPYKER (Minister of Consumer 1. During the 1983-84 financial year total funding Affairs)-The answer is: provided from Commonwealth sources for education in Victoria was as follows: As at 5 November 1984, the Consumer Affairs Com­ mittee has not yet been appointed. $ Commonwealth Schools Commission 391 332227 "VICTORIA. THE NEXT STEP" Department of Immigration and Eth­ DOCUMENT nic Affairs 6993937 (Question No. 3118) Department of Education and Youth Affairs 6474360 Mr RICHARDSON (Forest Hill) asked Department of Aboriginal Affairs I 171 800 the Minister for Ethnic Affairs: 405972 324 What consultation took place between the Ethnic Affairs Commission and the Government in the draft­ 2. All Commonwealth departments providing funds ing of the document Victoria. The Next Step and which for education in Victoria, with the exception of the Questions on Notice 2 November 1984 ASSEMBLY 1917

Schools Commission, specify the purpose to which such The permit to be issued was subject to the following funds are to be put. conditions: The Schools Commission provides funding for both (i) A plan shall be submitted to and approved by the the Government and non-Government sectors for responsible authority showing the following details: expenditure of a general nature, limited only to whether (a) The location of all billiard tables and amuse­ its purpose is related to both capital or recurrent. ment machines, which shall be located towards the rear Government sector programmes (including those of the premises. jointly administered) were provided with a total of (b) The location of all tables and chairs and other $187375477 during 1983-84; of this $107 809000 or internal fittings and facilities including separate male 58 per cent was untied. and female toilets, fire extinguishers and exits. The non-Government sector programmes received When appropriately endorsed by the responsible a total of $218596847 of which $199429467 or 91 authority, such plan shall form part ofthis permit. per cent was in untied grants. (ii) The layout ofthe premises and in particular the In total therefore of the $405 972 324 provided the siting of the amusement machines and billiard tables "general" component was $307 238 467 or 76 per cent. as shown on the endorsed plan shall not be altered, or modified (whether or not in order to comply with any AMUSEMENT CENTRE AT 123 other reason) without the consent in writing of the KANGAROO ROAD, OAKLEIGH responsible authority. (Question No. 3137) (iii) Not more than eight amusement machines and Mr DELZOPPO (Narracan) asked the one billiard table shall be installed on the premises, Minister for Local Government, for the together with a juke box. Minister for Planning and Environment: (iv) The shop windows at the front of the premises shall not be rendered non-transparent. In respect ofthe amusement centre at 123 Kangaroo Road, Oakleigh: (v) The premises shall be freshly painted, carpeted and brightly lit all to the satisfaction of the responsible I. Whether on or about 17 December 1981 the Plan­ authority. ning Appeals Board directed in response to application No. 2540 that a permit be issued subject to certain (vi) The use hereby permitted shall be so conducted conditions: if so, what were the conditions? that it will not cause injury to or prejudicially affect the amenity of the locality by reason of appearance or the 2. Whether the Minister is aware that on 15 June emission of noise, vibration, smell, fumes, smoke, 1983 and 17 August 1983 a person was convicted and paper, soot, ash, dust, waste water, waste products, fined in the Magistrates Court at Oakleigh in respect of grit, oil or the presence of vermin or otherwise. offences committed on those premises, on 25 March (vii) Whenever the premises are open to the public 1983, 18 April 1983 and 9 July 1983, respectively, in there shall be present and readily accessible thereon to that he did suffer gaming contrary to section 20 of members of the public and officers ofthe City of Oak­ Summary Offences Act 1966? leigh and the Victoria Police a person over the age of 3. Whether the Minister is aware that at a meeting 2] years responsible for the conduct of persons resort­ on 14 May 1984 the Oakleigh City Council purported ing to the premises (hereinafter referred to as the to extent the permit granted by the Planning Appeals manager). Board for a period of three months despite evidence (viii) The manager shall obtain from the proprietor, being presented to the council that offences relating to and at all times be able to produce upon request, a gambling had been committed on these premises? written authority executed by or on behalf of the pro­ 4. Whether the Minister is in possession of copies prietor to make statements and admissions on his behalf of certificates of summary conviction issued by the to any officer of the City of Oakleigh or the Victoria Clerk of the Magistrates Court at Oakleigh recording Police concerning the use on the premises of the the conviction or convictions referred to above? amusement machines hereby authorised or authorised under any permit previously in force in respect of the 5. What action the Minister has taken to uphold the premises. planning laws in relation to the action of the Oakleigh City Council in purporting to extend this permit for (ix) The proprietor and/or the manager shall at all three months? times make reasonable endeavours to ensure that per­ sons resorting to the premises do not create a nuisance Mr WILKES (Minister for Local Gov­ and annoyance to neighbours or otherwise disturb the ernment)-The answer supplied by the amenity ofthe area. Minister for Planning and Environment is: (x) The proprietor and/or the manager shall at all I. On 9 February 1982 the Planning Appeals Board times make reasonable endeavours to ensure that no handed down a determination allowing the operation offence is committed on the premises against the pro­ of an amusement centre on land at 123 Kangaroo Road, visions of the Summary Offences Act, the Crimes Act, Oakleigh. the Poisons Act or any other Act pertaining to drugs. Session 1984-71 1918 ASSEMBLY 2 November 1984 Questions on Notice

(xi) The installation and use on the premises of an Mr WILKES (Minister for Local Gov­ amusement machine operated by a coin or token which ernment)-The answer supplied by the returns to the person operating the same reward at pre­ determined odds, in the form of coins or tokens, in the Minister for Planning and Environment is: event of the operator successfully activating the 1. The designated nude bathing areas were carefully machine to achieve such a reward is prohibited. In the chosen by an interdepartmental committee set up by event of a conviction of any person for the contraven­ tion ofthis permit shall lapse and be of no further force the Local Government Department late in 1982. In or effect. siting the areas special attention was given to their location to ensure minimal damage to their particular (xii) No offence shall be committed on or in relation environment. The designated areas at Point Addis and to the subject premises under any Act of Parliament of Point Impossible encompass only beach and water the State of Victoria relating to gambling. In the event of any person being convicted of such an offence in areas. The original designated area at Point Impossible relation to the subject premises, this permit shall lapse encompassed an area of dune, but this was amended and be of no further force or effect. prior to the 1983 summer season. (xiii) No alcoholic liquor shall be kept or consumed Access to the designated areas is, however, through on any part of the premises. quite sensitive environments and in both instances such (xiv) The use authorised by this permit is author­ access is signposted and fenced to ensure that users do ised pursuant to Section 18 (7) ofthe Town and Country not encroach on to dune areas. Planning Act 1961 only for a period of two years from the date of issue of this permit unless extended by the An onsite inspection is presently being organized responsible authority on an application made before between representatives of the Soil Conservation the expiry of the said property of two years. Authority, the Lands Division of the Ministry for Con­ 2. Yes, I have received reports that convictions have servation, Forests and Lands and the Coastal Unit of been record in relation to the use of the premises. my Ministry. The meeting will assess any existing 3. On 14 May 1984, council resolved to grant a three damage to the sand dunes and foreshore vegetation. months extension. A claim was made at the meeting 2. A further on site inspection will be arranged after by a councillor that a condition of the permit was the summer holiday season. breached and that the extension application should be refused. Council resolved, however, to grant the 3. The provision and maintenance of pedestrian extension. access and rehabilitation works at both Point Addis 4. No. and Point Impossible for the designated nude bathing 5. I recently wrote to the Town Clerk advising that areas has previously been undertaken directly by the it was incumbent on the council as the responsible Lands Division ofthe Ministry for Conservation, For­ authority to observe and enforce the requirements of ests and Lands, and my Ministry with its present the Metropolitan Planning Scheme, as required by sec­ responsibilities for coastal areas would, in the event of tion 35 of the Town and Country Planning Act. I am remedial works being required, continue to support currently awaiting a response from the council before expenditure on such works programmes. pursuing the matter further. SAND DUNES AT POINT INTER-DEPARTMENTAL REVIEW IMPOSSIBLE AND POINT ADDIS ON CONVEYANCE OF PUPILS (Question No. 3168) (Question No. 3169) Mr DICKINSON (South Barwon) asked the Minister for Local Government, for the Mr TANNER (Caulfield) asked the Min­ Minister for Planning and Environment: ister of Education: 1. Whether the Minister will take immediate steps to With respect to the final report of the Inter-Depart­ assess the environmental impact upon the sand dunes mental Review on the Conveyance of Pupils, what was at the Point Impossible and Point Addis designated the total cost of producing the report, including both nude bathing areas, to assess the damage to sand dunes secretarial time and printing costs, how many copies and foreshore vegetation due to the high concentration of numbers of people in the small defined areas? were produced, where they were distributed and how many remain undistributed as at 4 September 1984? 2. Whether the Minister will carry out a follow up assessment after the summer holiday season? Mr FORDHAM (Minister of Educa­ 3. In the event of foreshore damage whether the tion)-The answer is: Minister will be prepared to take action by providing Government funds to the municipalities concerned to The following information is provided in respect of carry out remedial works? the points raised: Questions on Notice 2 November 1984 ASSEMBLY 1919

Cost of producing the report- for the financial years 1981-82, 1982-83, 1983-84 and $ what is the estimate for the financial year 1984-85? Printing 16510 2. What interest was capitalized by the (a) commis­ Secretarial time 2275 sion; and (b) corporation in each such year? (Approx. 250 hrs. X $9·1 3. In respect of what works or projects interest was per hour) capitalized. indicating the amounts involved? 18785 4. What was the cost of raising loans to enable interest to be capitalized and at what rate of interest Postage 6300 per annum loans were raised? N umber of copies produced 3500 Number of copies remain- 5. What was the total amount of capitalized interest ing undistributed as at as at 30 June 1984 on each works project in respect of 4.9.84 Nil which it is intended to further capitalize interest during I 984-85? Distribution List- 6. What amount was borrowed by the-(a) com­ All Government and non-Government Schools mission; and (b) corporation during the financial years Regional Offices 1981-82, 1982-83, 1983-84 and what is the estimate Senior Administration Officers for the financial year I 984-85? Members of Parliament 7. What total amount was borrowed by the-(a) commission; and (b) corporation as at 30 June 1984? STA TE ELECTRICITY COMMISSION 8. What total amount of general reserves was held AND GAS AND FUEL CORPORATION by the-(a) commission; and (b) corporation as at 30 (Question No. 3181) June 1981, 1982, 1984 and what is the estimate for the financial year 1984-85? Mr WILLIAMS (Doncaster) asked the 9. What criteria has been adopted by the-(a) com- Minister for the Arts, for the Minister for mission; and (b) corporation to determine when, and Minerals and Energy: if, interest should be capitalized? 1. What amounts the-(a) State Electricity Com- 10. What was the date of the minute authorizing mission; and (b) Gas and Fuel Corporation contri- the-(a) commission; and (b) corporation to adopt such buted from revenue to-(i) capital works; (ii) criteria? depreciation; (iii) repayment ofloans; (iv) long service Mr MATHEWS (Minister for the Arts)­ or furlough funds; (v) superannuation funds; (vi) pro- The answer supplied by the Minister for vident funds; and (vii) renewals and replacement funds Minerals and Energy is: (A) STATE ELECTRICITY COMMISSION

1980-81 1981-82 1982-83 1983-84 Est. 1984-85

$M $M $M $M $M I. (i) Internal funds used for capital works 153·00 197·20 296·20 236·00 (ii) Depreciation 116·99 146·07 172·28 181·20 (iii) Repayment ofloans 30.3 (iv) Long service leave 8·30 9·00 34·81 7·10 (v)& (vi) Superannuation funds 51·54 60.22 68·06 71·75 (vii) Renewals and replacement funds (inscribed stock conversions) 17·51 32·43 34·73 45·00 2. Capitalized interest/finance charges 112·57 211·48 265·64 3. Split of capitalized interest/finance charges Loy Yang Project 74·64 181-12 242·50 Yalloum W 28·64 Portland transmission line 9·23 29·98 10·87 Future power projects 0·06 0·38 0·62 Service facilities 11·65 4. Cost of raising loans: Loan flotation expense- public loans 3·12 2·85 0·54 Power bond interest rates Refer attached Table A 1920 ASSEMBLY 2 November 1984 Questions on Notice

(A) STATE ELECTRICITY COMMISSION

1980-81 1981-82 1982-83 1983-84 Est. 1984-85 $M $M $M $M $M 5. Total capitalized interest/finance charges per project at 30 June 1984 LoyYang 548·30 Driffield 1·05 6. Total borrowings p.a. Refer attached Table B I 263·00 7. Total borrowings 30 June 1984 (total liabilities) 5602·85 8. General Reserve (as at 30 June) 7·10 12·70 50.65 62·36 66·20

TABLE A INTEREST RATES

Min. Max. % P.A. % P.A.

I 983-84-POWER BONDS Public Short-term-4-6 years 12·0 15·9 7-9 years 13·2 16·2 Long-term-IO years and over 14·1 16·5

Private Short-term-4-6 years 12·3 16·2 7-9 years 13·5 16·5 Long-term-IO years and over 14·4 16·8

I 982-83-POWER BONDS Public Short-term-4-6 years 12·6 17·2 7-9 years 13·3 17·2 Long-term-IO years and over 13·6 17·4

Private Short-term-4-6 years 12·9 17·5 7-9 years 13·6 17·5 Long-term-IO years and over 13·9 17·7

1981-82-INSCRIBED STOCK Public Short-term-4-6 years 13·4 17·0 7-9 years 13·4 17·0 Long-term-IO years and over 13·6 17·2

Private Short-term-4-6 years 13·7 17·3 7-9 years 13·7 17·3 Long-term-IO years and over 13·9 17·5 Questions on Notice 2 November 1984 ASSEMBLY 1921

TABLE B CAPITAL WORKS EXPENDITURE AND MEANS OF FINANCE

1981-82 1982-83 1983-84 $M $M $M CAPIT AL WORKS EXPENDITURE 996·2 1047·7 911·8 Finance SECV Loan Raisings (Net of Redemptions) 307·3 854·8 804·3 State Government Loans -3()'0 -38·0 -40-0 Customers' ··SelfHelp" (Net of Refunds) 9·4 5·4 7·5 Superannuation Funds Advances 42·8 54·2 -268·8 Trade Credit Financing (Net of Repayments) 297·2 103·9 -145·1 Leasing 72·3 41·6 Bills Payable 28·1 64·7 Bank Loans -32·6 241·9 Accounts Payable Accruals 138·9 -1()'4 -67·2 Internal Funds 153·0 197·2 296·2

Total 99()'9 1204·2 893·5

Liquidity Movement -5·3 +156·5 -18·3 Loan transactions for each of the last four years were: Total Loan Raisings Cash Conversions Raisings Redemptions

$M $M $M $M 1980-81 314·8 35·4 35()'2 67·0 1981-82 368·5 28·6 397·1 61·2 1982-83 932·1 32·4 964·5 77·3 1983-84 1013·6 34·7 1048·3 209·3

9. The criteria adopted by the commission to deter­ That for the purpose of capitalization of interest a mine when, and if, interest should be capitalized is as major project be defined as a project estimated to cost follows: $100M or more and having a lead time of two years or more commencing 1 July 1979. That interest on funds employed during construc­ 10. The criteria was adopted by the commission on tion of major capital projects be capitalized. 24 July 1980.

(B) GAS AND FUEL CORPORATION

1981-82 1982-83 1983-84 Est. 1984-85 $M $M $M $M 1. Amounts contributed from Revenue to: (i) Capital 51·5 6()'0 58·5 41·5 (ii) Depreciation 48·6 31·5 31·2 38·0 (iii) Repayment ofloans ()'02 ()'02 ()'4 0.4 (iv) Long Service 6·1 2·4 4·4 3·8 (v) Superannuation 8·5 1()'6 11·4 12·3 (vi) Provident Funds (vii) Renewals and Replacement Funds 19·7 29·0 47·0 59·0 2. Interest Capitalized: 0·9 1·4 3·2 1·6 1922 ASSEMBLY 2 November 1984 Questions on Notice

(B) GAS AND FUEL CORPORATION

1981-82 1982-83 1983-84 Est. 1984-85 $M $M $M $M 3. Projects for which interest was capitalized: Shepparton-Tatura Pipeline ()'1 Langwarrin-Frankston Pipeline ()'1 Pakenham-Bunyip Pipeline 0.4 Ballan-Ballarat Pipeline 0·1 Fitzroy Service Centre 0-1 ()'1 Highett Centre 0·1 0·4 T ooronga Centre ()'1 ()'2 Pakenham-Wollert Pipeline 0-3 2·6 Bittem-Dromana Pipeline ()'1 Supply Main-Loy Yang ()'1 System Control and Data Acquisition System 0·1 ()'3 City Gate-Wollert 0·1 Geelong Centre ()'l Supply Main-Rochester ()'1 TOTAL: 0·9 1·4 3·2 4. Fund Raising Costs: Cost of Raising Loans 0-5 ()'6 ()'3 0-25 Pro-rata costs for capitalized interest ()'012 ()'047 0·012 0·004 A verage Interest Rate 15·3% 17·0% 14·8% 13·5% 5. Estimated capitalized interest 1984-85: Estimated Interest Cap- Interest to be italized to capitalized 30.6.84 1984-85 $M $M Pipeline Valve Actuators ()'1 Wandong-Kyneton Pipeline 0-8 Thomastown Centre ()'1 Bentleigh Centre 0-2 Pakenham-Wollert Pipeline ----2·9 ()'4 ----2·9 1·6

1981-82 1982-83 1983-84 Est. 1984-85 $M $M $M $M 6. Amount Borrowed (including items under 1 (vii»: 44·2 52·5 77·0 93·0 7. Total Amount Borrowed as at 30 June 1984: State Advance 7·0 Advance-Vic. Development Fund 7·9 Debentures 464·1 479·0 8. General Reserves (also 1981, $21-1 M): 28·6 33·3 33·0 33·0 For uniformity the figures have been adjusted to be in accordance with the classifications detailed in the Regulations for Annual Reporting (Large Trading and Rating Public Bodies).

9. Criteria for Interest Capitalization: of approving the financial concepts to be included in the annual accounts of the corporation; however, since Interest on construction is charged on projects esti­ 1984, the Statutory Rules (1984)-Annual Reporting mated to cost $1 million or more and span a planning (Large Trading and Rating Public Bodies) Regulations and construction period not less than twelve months. 1984 re-define the criteria. 10. The current criteria was adopted in August 1980 Division 4, Sections 12 and 13 set out criteria for by the board of the corporation, as part of the process capitalizing interest on "Major Capital Works". For Questions on Notice 2 November 1984 ASSEMBLY 1923 the purposes of the corporation these are defined as which magistrates can sit in tandem. It is expected that follows: these and other measures being taken will improve the "Major Capital Works means those works con­ service to the public, reduce delays and enable the sidered to be a major capital works by the governing existing number of magistrates to absorb the recent board of a body which improve, enlarge or add to increases in jurisdiction of Magistrates' Courts. existing assets and .... The Courts Management Change Programme is sur­ (a) The construction period of which exceeds twelve veying the management system, resource needs and months." physical facilities of all Magistrates' Courts in Victoria. A discussion paper should be available for public con­ The corporation is now bound by this regulation. sultation during the first quarter of 1985. Following REMOVAL OF HONORARY consultation, action will be taken to implement the recommendations. Further, the Attorney-General has JUSTICES FROM MAGISTRATES' established a Ministerial Advisory Committee on COURT BENCH Magistrates' Courts to advise him on the future role of (Question No. 3193) Magistrates' Courts with the particular objective of Mr KEMPTON (Warrnambool) asked increasing their adaptability to changing community the Premier, for the Attorney-General: needs. In respect of the removal of honorary justices from GRANNY FLAT ACCOMMODATION the Magistrates' Court bench, whether it will be neces­ (Question No. 3202) sary to appoint twelve full-time stipendiary magis­ trates to carry out the duties otherwise performed by Mr BROWN (Westernport) asked the the honorary justices? Minister of Housing: Mr CAIN (Premier)-The answer sup­ How many persons were on the waiting list for the plied by the Attorney-General is: allocation of a granny flat as at 28 August 1984? In respect of the removal of honorary justices of the Mr CATHIE (Minister of Housing)-The peace from bench duties in Magistrates' Courts, it will answer is: not be necessary for further magistrates to be appointed There were 535 persons on the waiting list for the to carry out duties previously carried out by honorary allocation of a movable unit at 28 August 1984. justices of the peace. The removal of honorary justices Ninety of these applicants are awaiting imminent of the peace from bench duties has not adversely installation of a movable unit. affected the work load of magistrates, and improve­ ments in the listing system and rationalization of FLUORINE IN ATMOSPHERE resources within Magistrates' Courts should result in increased efficiency in the courts. (Question No. 3218) Mr DICKINSON (South Barwon) asked MAGISTRATES' COURTS the Minister for Local Government for the (Question No. 3194) Minister for Planning and Environment: Mr KEMPTON (Warrnambool) asked What amounts of fluorine have been recorded in the the Premier, for the Attorney-General: atmosphere in the immediate vicinity of Point Henry, In respect of the increased jurisdiction of the Magis­ over Geelong City and over a 25 km radius from the trates' Court and the removal of the justices of the City of Geelong respectively? peace from sitting on the bench in the Magistrates' Mr WILKES (Minister for Local Gov­ Court, what action will the Government be taking to ernment)-The answer supplied by the appoint more stipendiary magistrates to overcome the Minister for Planning and Environment is: backlog of cases in Magistrates' Courts throughout Victoria? Alcoa and The Phosphate Co-operative Company of Australia Ltd (PIVOT) are requires by licence to mon­ Mr CAIN (Premier)-The answer sup­ itor ambient flouride levels. A summary of the data plied by the Attorney-General is: recorded for the periods April-December 1982 and The removal of justices of the peace from bench July-December 1983 in the vicinity of Point Henry is duties in Magistrates' Courts has not resulted in an attached for your information. The levels recorded at increase in the backlog of cases in Magistrates' Courts the North Shore location in the vicinity of PIVOT are in Victoria. The Government is however taking a not available at this stage. No other ambient fluoride number of steps to ensure that Magistrates' Courts monitoring has been carried out at Geelong or over a delays are kept at an acceptable level by ensuring that 25 km radius from the city. the courts operate more efficiently and by taking steps The attached monitoring results show that except for to ensure better utilization ofUjudgepower". two excursions, one on 1 May 1982 and the other on In this latter respect, a new listing system is currently 18 May 1982, the ambient fluoride levels near the Point being piloted in two suburban courts; in addition there Henry aluminium smelter complied with the EPA air will be a greater concentration of business in courts in quality objectives for fluoride. 1924 ASSEMBL Y 2 November 1984 Questions on Notice

Furthermore no damage to vegetation in the vicinity 3. Whether it is possible to provide this information of Point Henry has been recorded due to fluoride prior to 2 October 1984? emissions. SUMMARY OF AMBIENT FLUORIDE Mr SPYKER (Minister of Consumer MONITORING Affairs)-The answer is: July-December 1983 I. The information requested is not kept on an elec­ EPA toral basis and accordingly, the time, effort and expense Air Qualil.l' Alwaging Ohjeclil'e Range necessary to provide an answer cannot be justified. Time pph ppb Excursions However, I would be happy to respond to any spe­ 24 hours 3·4 less than Nil cific query the honourable member may have. ().1-2·29 7 days 2·0 Less than Nil 2. The 1984-85 budget of the Ministry of Consumer ()'I-O-66 90 days ()'59 (). I 2-0-28 Nil Affairs does not contain any allocation for capital works April-December 1982 projects in the electoral district of Rodney. EPA EMPLOYMENT AND TRAINING Air Qualil.v AI'eraging Ohjeclil'e Range FUNDS FOR RODNEY ELECTORATE Time' ppb ppb Excursions (Question No. 3240) 24 hours 3-4 less than 1.5.82 ().1-3-62 18.5.83 Mr HANN (Rodney) asked the Minister 7 days 2·0 Less than .Nil ()'I-O-98 for Employment and Training: 90 days ()'59 ()'13-0-36 Nil In respect of the budget allocation for the Ministry of Employment and Training for financial year HEALTH FUNDS FOR RODNEY 1984-85: ELECTORATE 1. What portions of the funds will be spent in the (Question No. 3235) electoral district of Rodney? Mr HANN (Rodney) asked the Minister 2. What are the details of all capital works projects of Health: in excess of $10 000 which will be funded in the elec­ .In respect of the budget allocation for the Health toral district? Commission for financial year 1984-85: 3. Whether it is possible to provide this information 1. What portions of the funds will be spent in the prior to 2 October 1984? electoral district of Rodney? . 2. What are the details of all capital works projects Mr SIMMONDS (Minister for Employ­ in excess of $10 000 which will be funded in the elec­ ment and Training)-The answer is: toral district? The information requested is not kept on an elec­ 3. Whether it is possible to provide this information toral basis and accordingly, the time, effort and expense prior to 2 October 1984? necessary to provide an answer cannot be justified. Mr ROPER (Minister of Health)-The However, I would be happy to respond to any specific answer is: query the honourable member may have. The information requested is not kept on an elec­ PLANNING AND ENVIRONMENT toral basis and accordingly, the time, effort and expense FUNDS FOR RODNEY ELECTORATE necessary to provide an answer cannot be justified. (Question No. 3243) However, I would be happy to respond to any spe­ cific query the honourable member may have. Mr HANN (Rodney) asked the Minister CONSUMER AFFAIRS FUNDS FOR for Local Government, for the Minister for RODNEYELECTORATE Planning and Environment: (Question No. 3239) In respect of the budget allocation for the Ministry for Planning and Environment for financial year Mr HANN (Rodney) asked the Minister 1984-85: of Consumer Affairs: 1. What portions of the funds will be spent in the In respect of the budget allocation for the Ministry electoral district of Rodney? of Consumer Affairs for financial year 1984-85: 1. What portions of the funds will be spent in the 2. What are the details of all capital works projects electoral district of Rodney? in excess of $10 000 which will be funded in the elec­ toral district? 2. What are the details of all capital works projects in excess of $10 000 which will be funded in the elec­ 3. Whether it is possible to provide this information toral district? prior to 2 October 1984? Questions on Notice 2 November 1984 ASSEMBLY 1925

Mr WILKES (Minister for Local Gov­ Mr CATHIE (Minister of Housing)-The ernment)-The answer supplied by the answer is: Minister ~or Planning and Environment is: 1. There is no authority known as the Housing The information requested is not kept on an elec­ Commission in Victoria. The Housing Act 1983 allows toral basis and, accordingly, the time, effort and expense public housing to be provided by the Director of necessary to provide an answer cannot be justified. Housing. The former Housing Commission owned land at EDUCATION FUNDS FOR RODNEY Werribee known as the Heatherdale Estate; this land ELECTORATE was vested in the Urban Land Authority. (Question No. 3244) The Ministry of Housing does not intend to provide Mr HANN (Rodney) asked the Minister housing for 350 families at the Heatherdale Estate. of Education: 2. The Ministry of Housing does not have any other In respect of the budget allocation for the Education sites under consideration in the Werribee area. Department for financial year 1984-85: 3. The Ministry of Housing does not aim to house large numbers offamilies, for example the 350 families I. What portions of the funds will be spent in the quoted above, at Werribee, or elsewhere, as such an electoral district of Rodney? aim is clearly against this Government's present 2. What are the details of all capital works projects policies. in excess of $10 000 which will be funded in the elec­ toral district? UNEMPLOYMENT RATES 3. Whether it is possible to provide this information (Question No. 3253) prior to 2 October 1984? Mr LEIGH (Malvern) asked the Minister Mr FORDHAM (Minister of Educa­ for Employment and Training: tion)~The answer is: 1. What is the unemployment rate in the Werribee The information requested is not kept on an elec­ area and how it compares with the State average? toral basis and, accordingly, the time, effort and expense 2. What action the Ministry for Employment and necessary to provide an answer cannot be justified. Training intends to correct the situation? However, I would be happy to respond to any spe­ Mr SIMMONDS (Minister for Employ­ cific query the honourable member may have. ment and Training)-The answer is: LA VERTON NORTH OFFENSIVE I. The most recent unemployment rates to hand INDUSTRIAL ZONE are: (Question No. 3251) May 1984 Mr LEIGH (Malvern) asked the Minister for Local Government, for the Minister for Male Female Total Planning and Environment: WerribeeArea 5·1 per cent 7·4 per cent 5·9 per cent Whether the Government intends to proceed with Victorian Average 6-9 per cent 9·1 per cent 7·7 per cent the relocation of the Laverton North Offensive Indus­ trial Zone at Avalon; if so, why? 2. Mr WILKES (Minister for Local Gov­ Employment Initiatives Programme (EIP) ernment)-The answer supplied by the Approximately $140 000 was allocated to four pro­ Minister for Planning and Environment is: jects sponsored by community organizations in the Werribee area. No. Community Employment Programme (CEP) HOUSING FOR WERRIBEE In the CEP's first funding round, approximately (Question No. 3252) $452 000 was allocated to six projects sponsored by Mr LEIGH (Malvern) asked the Minister community organizations, and approximately $260 000 of Housing: was allocated to seven projects sponsored by govern­ ment departments in the Werribee area. 1. Whether the Housing Commission is planning to house 350 families at the Heatherdale Estate, Werribee? A further CEP national allocation of approximately $452000 for 1984-85 has been made for the Werribee 2. Whether any other sites in the Werribee area are under consideration by the commission; if so, which area. sites? Industrial Supplies Office (ISO) 3. Whether the commission's aim to house large One objective of the ISO at Geelong is to retain and numbers of families in one area is against its present expand employment in the area, and workers from the policy? Werribee area could be expected to benefit from this. 1926 ASSEMBLY 2 November 1984 Questions on Notice

Training Centre beds were available in the developing of outer suburbs. The Ministry of Employment and Training has con­ This is now being rectified. tributed $470000 for equipment for the Earthmoving and Road Construction Training Centre operated by TOXIC WASTE FACILITIES the Footscray College of T AFE, in the Werribee area (Question No. 3255) and having a combined Industry/Trades Union board of management. Mr LEIGH (Malvern) asked the Minister Skills Centre for Local Government, for the Minister for Planning and Environment: The Ministry of Employment and Training and a major vehicle manufacturer have shared the cost of Whether the Government is considering any sites establishing a skills centre in Geelong. The fact that 30 for a toxic waste facility in the Western Suburbs, per cent of the places in the tradespersons' skills including the Werribee area; if so, whether he will list upgrading programme, and 20 per cent of those in the the sites that are being studied? accelerated apprenticeship programme will be made available to employees from other companies could Mr WILKES (Minister for Local Gov­ also benefit some workers from Werribee. ernment)-The answer supplied by the Adult Retraining Opportunities Programme Minister for Planning and Environment is: The Ministry of Employment and Training, jointly The Environment Protection Authority and Mel­ with the Commonwealth Government, under the Adult bourne and Metropolitan Board of Works are pres­ Retraining Opportunities Programme, has funded an ently investigating the types of facilities needed to Earthmoving Training Programme located at Werri­ dispose of hazardous wastes. bee and a Materials Handling Training Programme No sites or regions have been chosen so far. Site located at Braybrook for longer term unemployed selection will occur after the public has had the oppor­ workers aged over 24 years. tunity to review the suggested selection criteria pre­ Group Apprenticeship Scheme pared by the Environment Protection Authority. The Western Suburbs Group Apprenticeship Scheme, which currently employs 35 apprentices, is also a EXTENDED SHOP TRADING HOURS potential source of employment to young workers from (Question No. 3263) the Werribee area. Mr KEMPTON (Warrnambool) asked HOSPITAL BEDS the Minister of Labour and Industry: (Question No. 3254) What criteria the Government uses to determine Mr LEIGH (Malvern) asked the Minister whether an area should be allowed extended shop trad­ of Health: ing hours during the tourist period, by way of exemp­ I. What number of hospital beds is available in the tion under the Labour and Industry Act 1958? Werribee area? Mr SIMPSON (Minister of Labour and 2. How this number compares with the number Industry)-The answer is: available in other areas, and in the event that such comparison is unfavourable, what action is proposed The provisions of the Labour and Industry Act 1958 to remedy the matter? regarding tourist areas, including the basic criteria for Mr ROPER (Minister of Health)-The applications for orders of exemption from the trading answer is: hours provisions of the Act, are contained in section 80c and section 800. Section 80c relates to shops in 1. The total number of hospitals beds currently tourist resorts. Orders of exemption can only be granted available in the Shire ofWerribee is 60. in relation to shops situated in a tourist resort visited 2. This is equivalent to a bed to population ratio of regularly by tourists throughout the year. 1·33 acute beds per 1000 at June 30, 1983, compared with the recommended level of 1·4. On this basis, there Section 800 relates to shops in a tourist precinct is a shortfall of three beds. where the Minister responsible for tourism repOrts on the question of whether or not the shops are situated Land has been purchased at Hopper's Crossing for in a tourist precinct. the purpose of building a community hospital within the next 35 years. The planned relocation of Prince From a~ examination of the wording of the two Henry's Hospital to Sunshine should provide more sections it is clear that there is no need for any "tourist than adequate access for Werribee residents to special­ period" to be determined. The application from the ist facilities. municipal council must, however, state the hours and Unfortunately, during the 27 years of the previous days of the week in respect of which the exemption is Government, action was not taken to ensure that new sought. Questions on Notice 2 November 1984 ASSEMBLY 1927

(Question No. 3264) However, I understand the honourable member has Mr KEMPTON (Warrnambool) asked been supplied with information in relation to Min­ istry-owned houses and those owned by the Govern­ the Minister of Labour and Industry: ment Employee Housing Authority under the Freedom Whether the Government uses "smallness" as a cri­ ofInformation Act. terion to determine whether an area ought to be allowed an exemption under the Labour and Industry Act 1958 MENTAL HOSPITALS to allow extended shop trading hours during the tourist (Question No. 3271) period; if so, what is the justification of using such a criterion? Mr LIEBERMAN (Benambra) asked the Mr SIMPSON (Minister of Labour and Minister of Health: Industry)-The answer is: I. What is the amount of funds invested by each I refer the honourable member to the answer to mental hospital and training centre on behalf of resi­ question No. 3263. dents in the past seven financial years? GOVERNMENT-OWNED HOUSES IN 2. How the interest from this money has been spent WARRNAMBOOLELECTORATE in each mental hospital and training centre in each of (Question No. 3267) those years? Mr KEMPTON (Warrnambool) asked Mr ROPER (Minister of Health)-The the Minister of Housing: answer is: How many State Govemment~wned houses in the 1. (a) Mental Hospitals electoral district of Warmambool were unoccupied as Accounting procedures used in hospitals operated by at 4 September 1984, stating the Government depart­ the Mental Health Division do not allow for the spe­ ment that owns the dwelling, the reason why it is unoc­ cific identification of the level of patient funds invested. cupied and the address of the dwelling? It should therefore be noted that the figures in the table Mr CA THIE (Minister of Housing)-The below also include funds received from such sources answer is: as donations, fetes and raffles, occupational therapy The information requested cannot be supplied as the sales, ward comforts accounts and special purpose Ministry of Housing does not keep records of all State accounts. It is estimated, however, that approximately Government-owned houses. 80-85 per cent of these funds derives from patients.

1977-78 1978-79 1979-80 1980-81 1981-82 1982-83 1983-84

$ $ $ $ $ $ Willsmere Hospital, Kew 390000 440000 500000 550000 600000 645000 754000 Hobson Park Hospital, Traralgon 35000 50000 50000 66000 66000 88000 72000 Lakeside Hospital, Ballarat 145000 170000 170000 )70000 220000 200000 230000 Plenty Hospital 65000 100000 135000 185000 185000 185000 240000 Repatriation Hospital, Bundoora 73000 83000 83000 83000 110000 110000 110000 Mont Park Hospital 214000 213000 215000 182000 219000 213000 174000 Mayday Hills Hospital, Beechworth 565000 565000 593000 673000 739000 830000 839000 Aradale Hospital, Ararat 335000 385000 485000 635000 555000 640000 725000 Brierly Hospital, Warrnambool 110000 160000 200000 200000 300000 300000 320000 Larundel Hospital 175000 195000 213 000 213 000 213 000 180000 200000

(b) Training Centres ments after any maintenance deductions are made. Each training centre maintains a Trust Fund Account, The only exception to this is S1. GabrieJ's Training which represents funds invested on behalf of residents Centre is presently establishing trust accounts for these at the end ofthe financial year, as listed below. These residents. A general working account, funded by don­ funds are held on behalf of adult pensioner residents, ations, has operated to date. The major increase in and constitute the remainder of their pension pay- 1983-84 was the result of a bequest.

1977-78 1978-79 1979-80 1980-81 1981-82 1982-83 1983-84 $ $ $ $ Pleasant Creek, Stawell 115000 190000 235000 370000 450000 455000 665000 Kingsbury, Bundoora 35000 35000 55000 65000 65000 75000 85000 Children's Cottages, Kew 650000 1005000 1350000 1400000 I 750000 2050000 2200000 Janetield, Bundoora 440000 490000 600000 700000 900000 1035000 I 170000 Colanda, Colac 160000 140000 180000 330000 480000 580000 680000 Sandhurst, 8endigo 180000 270000 270000 310000 310000 360000 440000 St. Gabriel's, Balwyn 22000 12000 12000 13000 11000 19000 65000 1928 ASSEMBLY 2 November 1984 Questions on Notice

2. (a) Mental Hospitals No. ofApplicants Interest obtained from the investment of these funds is credited to a Special Comforts Sub-Account which Category 31. 8. 83 31. 8.84 is used for the benefit of all patients. The following are examples of how these funds are used: Lone Person 29 25 Purchase of colour television sets and video Low Rental (Elderly Couples) II 8 recorders. Childless Couples 6 4 Purchase of air conditioning units. Two-bedroom 64 82 Ward activity purchases such as billiard tables, table tennis tables, stereo equipment, games, Three-bedroom 114 138 newspapers and magazines. Large family 5 7 Sporting and therapeutic equipment. (b) Training Centres TOTALS 229 264 With the exception of St. Gabriel's Training Centre, interest from the Trust Fund Account is paid into the 2. Number of applicants allocated public housing in general amenities account along with funds from other Warmambool for period 1 September 1983 to 31 August sources, such as donations. The amenities account is 1984: used to provide for various items not otherwise pro­ vided by government sources. Items for which these funds are used range from large single items to regular Category No. ofApplications expenses. It is difficult to identify how these funds have been used during the past seven years due to the diver­ sity of items purchased. Lone Person 2 However, items would include the following: Low Rental (Elderly Couples) 4 Televisions and video hire and equipment. Two-bedroom 10 Carpet. Three-bedroom 39 Personal furnishings. Trips and outings by residents. Large family 4 Sporting equipment. Development and maintenance ofbarbeque areas. TOTAL 59 Water coolers and air conditioners. Fish tanks and toys. 3. There were many reasons why applicants were In some cases, refrigerators and stoves have been removed from the waiting lists. These include: purchased for independent living programmes. (a) applicant deceased; (b) accommodation no longer required; PUBLIC RENTAL HOUSING IN W ARRNAMBOOL (c) transferred to other areas; (d) no response to correspondence, or correspond­ (Question No. 3277) ence returned; Mr KEMPTON (Warrnambool) asked (e) ineligibility, e.g., excess income, excess assets or the Minister of Housing: home ownership. 1. How many persons were on the Ministry of Housing waiting lists for public rental housing in the Warmambool area as at 31 August 1983 and 31 August NEWMARKET SALEYARDS 1984 respectively, giving a breakdown of the categories REDEVELOPMENT PROJECT of applicants? 2. How many of these persons were given accom­ (Question No. 3308) modation in Warmambool between 31 August 1983 and 31 August 1984, giving a breakdown of the cate­ Mr DICKINSON (South Barwon) asked gories of the applicants? the Minister for Industry, Commerce and 3. Why applicants who were not placed in Ministry Technology: of Housing accommodation were removed from the In respect of the Lynch's Bridge project which waiting lists? involves the proposed redevelopment of the Newmar­ Mr CATHIE (Minister of Housing)-The ket saleyards and abattoirs at Aemington: answer is: I. What survey was conducted of existing tourist 1. Number of applicants on waiting list for rental facilities in the area, as a basis for establishing the housing in Warmambool: feasibility of this project? Questions on Notice 2 November 1984 ASSEMBLY 1929

2. Whether the project complies with Environment camping. This figure compares with eight caravan parks Protection Authority guidelines for the area? in Adelaide, offering 1332 sites. 2. Compliance with Environment Protection Auth­ 3. To what extent the Government will subsidize ority Guidelines the project and how this outlay is justified by the pro­ The Ministry for Planning and Environment was the jected returns on the project? lead agency in evaluating proposed uses for the Lynch's Bridge site. Numerous discussions were held between 4. Whether the Government has investigated the the Ministry and the commission on the caravan park cost feasibility of the project being more efficiently proposal. undertaken by private enterprise? 3. Subsidizing ofthe Project The caravan park project is a commercial proposi­ Mr CATHIE (Minister for Industry, tion and no Government subsidies will be involved. Commerce and Technology)-The answer It has been calculated that at an average site occu­ is: pancy rate of 45 per cent an operating surplus of 1. Survey ofExisting Caravan Parks $750000 per annum will result. A survey of all caravan parks in a 10 kilometre radius 4. Private Enterprise Involvement in the Caravan of the Melbourne G.p.a. found that there are only Park three establishments (at West Footscray, Brooklyn, The main reason for the commission's involvement Coburg East) which only offer 209 sites for caravans/ in the caravan park is that the site is Crown land.

Subsequently, by proclamations published in the "Government Gazette" (No. 13 of 13 February 1979), the Parliament was prorogued, and the Legislative Assembly was dissolved asfrom Friday, 25 January 1985.)

IN D E X

VOLS. 375, 376

LEGISLA TIVE ASSEMBLY

(Bills are listed alphabetically under "Bills" and questions on notice/or the Legislative Asse1nbly are listed in numerical sequence at end o/the Index)

A Animals-Proposed Keysborough dolphinarium, 407, 1006, 1570, 1676. Feral predators in Sherbrooke APM Ltd-Maryvale licence renewal, 1116. Forest. 836, 838. Penguins and koalas on Phillip Aboriginal Affairs-Cultural interpretive centre for Island, 993, 998. (See also "Fisheries and Wildlife Grampians National Park. q 1355. Service" and "Royal Society for the Prevention of Abortion-At Preston and Northcote Community Cruelty to Animals".) Hospital. q 319. Annual Reporting Act-Reports to Parliament, q 686, Actors Equity-Employment policies. 1138. q 761, q 844, q 1452, 1664, 1668. Acts-Date of operation, 692. Apprentices-At Latrobe Valley Trade Training Centre, Administrative Arrangements Orders-Presentation of 609,613. Group training schemes, q 845. Training Orders in Council, 43. 691. centre for Warrnambool, 1175, 1179. Intake, q 1455. Advisory Council for Inter-Government Relations­ Report presented, 43. Arcoroc-Tableware, 537, 538. Agriculture, Department of-Promotion of dairy pro­ Arts, The-State Theatre opening, q 404. Performing duce. 610, 613. Meat inspection, 894. 896. arts centre in Bendigo, 892, 897. 1985 Melbourne Alcoa of Australia Ltd- opera season, q 1499. Electricity-Tariff, q 149, 196,200, q 319. Asbestos-In Government buildings, q 907. Portland Smelter-Ministerial statement, 73. Joint Auditor-General-First report for 1983-84,479. Audits venture, q 147, q 319, q 322, q 401, q 402, q 470, of Government stores operations and departmen­ q 1005. q 1564. Future, q 254. Union dispute, tal cash management to October 1984, 914. Second q 541, q 684. Negotiations with Portland Town report for 1983-84, 1677. Council, q 1113. Proposed declaration as vital project, q 1190. Resumption of work, q 1451. Legal advice, q 1451, q 1502. (See also "State Electricity Austin, Mr T. L. (Ripon) Commission".) Appropriation (1984-85, No. I) Bill, 726, 1024, 1044, 1053,1058. Alpine Resorts Commission-Operation. 1666, 1669. Canned Fruits Marketing (Amendment) Bill, 1746. Aluminium Smelters of Victoria Pty Ltd-Appoint­ Conservation, Forests and Lands-Responsibility for mentof managing director. q 256. fire prevention and suppression, q 1000. Ambulance Services-Public Bodies Review Commit­ Country Fire Authority-Responsibility for fire pre­ tee inquiry, 1346, 1349. vention and suppression, q 1000.

4917/85 (2) INDEX Austin, MrT. L.-continued Australian Workers Union-West Gate Freeway pro­ ject, q 323. Demarcation dispute at Bullock Creek, Crown Land (Reserves) (Amendment) Bill, 1317. Calder Highway, 836, 838. Dairy Industry Bill, 182, 284, 285, 287, 288, 289, Aviation-Site for proposed national museum, q 1270. 291, 293, 294, 295,296,297, 300, 303, 305, 310, 311.1756.1758.1759,1760. Deloitte. Haskins and Sells-Economic strategy, q 1453. B Economy, The-Strategy, q 1453, q 1454. Banks~Forcign bank licences, q 472. State Bank, 535, Government'-Want-of-confidence motion, 1725. 539, q 1003. (See also "State Bank".) Health-Natural therapists, 72. Bel Air Country Club Estate, 1123. Industry, Commerce and Technology-State and regional industries programme, q 1353. Bendigo-Chinese museum, 393, 400. Land (Miscellaneous Matters) Bill, 1640. Bicycles-Safety helmets for cyclists. q 912. Loddon-Campaspe Regional Planning Authority Bills- Bill. 662. Administrative Appeals Tribunal Bill-Introduction Ministry. The-Statement by Minister of Agricul­ and first reading, 547; second reading, 663, 933; ture, 445. appropriation, 693, 1457; remaining stages, 937. Monahan Dayman Adams (Vic.) Pty Ltd-Eco­ Council amendments dealt with, 1464. nomic strategy. q 1454. Adoption Bill-Second reading, 135; withdrawn, 353. National Parks (Further Amendment) Bill, 1319, Adoption Bill (No. 2)-Introduction and first read­ 1328.1375, 1377, 1379. ing, 264; concurrent debate, 353; second reading, Petitions-Natural therapists, 72. Liquor Control 354; Committee, 392, 434, 497, 549; third reading, Act, 691. Red meat trading hours, 1675. 598. Council amendments dealt with, 1277. Point of Order-A vailability of Bills during second A/coa (Portland Aluminium Smelter) (Amendment) reading, 922. Bill-Introduction and first reading, 46; appropri­ Police Department-Portland sheep industry dis­ ation, 46; second reading, 170, 766; remaining pute.445. stages, 785. Council amendments dealt with, 120 I. Stafford ElIinson (Manufacturing) Pty Ltd, q 1353. Appropriation (1984-85, No. I) Bill-Introduction State Transport Authority-Transfer of administra­ and first reading, 479; second reading, 479, 693, tive staff, 61. 789,814,884,960; Committee, 991, 1017, 1093; Trading Hours-For alcoholic liquor, 691. For red declared an urgent Bill, 1090; remaining stages, meat, 1675. 1107. Victorian Farmers and Graziers Association-State­ Audit (Amendment) Bill-Introduction and first ment by Minister of Agriculture at Portland meet­ reading, 765; second reading, 871, 1300; remain­ ing, 445. ing stages, 1302. Want-of-Confidence Motion-In Government, 1725. Building Societies (Amendment) Bill-Introduction Wheat Marketing Bill, 1751. and first reading, 764; second reading, 868. Wheat Marketing (Home Consumption Price) Bill, Canned Fruits Marketing (Amendment) BiI/­ 1747. Received from Council and first reading, 1247; Wine Grape Processing Industry (Amendment) Bill, second reading, 1276, 1746; remaining stages, 1747. 1745. Children (Guardianship and Custody) Bill-Second reading, 135, 355; concurrent debate, 353; Com­ Australian Bureau of Statistics-Industrial disputes, mittee, 392, 596; third reading, 598. q 1004. Unemployment rate, 1151. Chinatown Historic Precinct Bill-Introduction and Australian Labor Party-Raffles, 1445, 1448. Dona­ first readfng, 343; second reading, 429, 945; Com­ tion to Frankston councillor, 1774, 1776. mittee, 952; remaining stages, 958. Council amendments dealt with, 1878. Australian League of Rights-Alleged infiltration of National and Liberal parties, 1686, 1691. Comm~rcial Arbitration Bill-Received from Coun­ cil and first reading, 311; second reading, 432, 1857; Australian Medical Council, q 1355. Committee, 1865; remaining stages, 1867. Australian Plague Locust Commission-Locust pla­ Constitution Act Amendment (Donations and Elec­ gue. 1488, 1489. toral Expenditure) Bill. The-Introduction and first Australian Railways Union-Ban on Jet express, 314, reading, 765; second reading, 877, 1622; remain­ 317,395,399. Grant to Victorian branch, q 690., ing stages, 1639. LEGISLATIVE ASSEMBLY (3)

Bills-continued Bills-conti nued

Constitution Act Amendment (Electoral Legislation) appropriation, 915; Committee, 1486; third read­ Bill. The-Introduction and first reading, 660; ing, 1487. second reading, 667, 1161, 1203; appropriation, Fire Authorities Bil/-Introduction and first reading, 1200; remaining stages, 1211. Council amend­ 765; second reading, 1008, 1343, 1404; appropria­ ments dealt with, 1471. tion, 1200; Committee, 1409; remaining stages, Constitution (Council Powers) Bill-Withdrawn, 789. 1411. Constitution (Council Vacancies) Bill-Introduction Fisheries (Reciprocal Licences) Bill-Received from and first reading, 1375; second reading, 1390, 1531; Council and first reading, 1247; second reading, appropriation, 1457; third reading, 1532. 1275,1877; remaining stages, 1877. Constitwtion (Duration QfParliament) Bill (No. 2)­ Fundraising Appeals Bill-Second reading, 119; Appropriation, 343. Council amendments dealt Committee, 125; remaining stages, 135. Council with, 344,495. Second reading and amendments amendments dealt with, 10 14. Governor's carried by absolute majority, 496; withdrawn, 789. amendment dealt with, 1280. Consumer Affairs (Item Pricing) Bill-Message re Health (General Amendment) Bill-Introduction and Council amendments, 875. first reading, 97; second reading, 173, 925, 937; Co-operation (Credit Societies) Bill-Introduction Committee, 940; remaining stages, 945. Council and first reading, 764; second reading, 867. amendments dealt with, 1877. County Court (Amendment) Bill-Introduction and Health (Radiation Safety) Bill (No. 2)-Introduction first reading, 764; second reading, 866, 1315; and first reading, 343; second reading, 443, 809; appropriation, 915; remaining stages, 1317. remaining stages, 814. Council amendments dealt with,1877. Crown Land (Reserves) (Amendment) Bill-Intro­ duction and first reading, 764; second reading, 916, Industrial Relations (Amendment) Bill (No. 2)­ 1317; appropriation, 1007; remaining stages, 1319. Introduction and first reading, 764; second read­ Council amendments dealt with, 1881. ing, 869, 1337; instruction to Committee, 1391; Committee, 1391; third reading, 1404. Council Dairy Industry Bill-Second reading, 181, 267; amendments dealt with, 1880. Committee, 283; remaining stages, 311. Council amendments dealt with, 1755, 1879. Industrial Relations (Long Service Leave) Bil/­ Introduction and first reading, 170; second read­ Dangerous Goods (Road Transport) Bill-Introduc­ ing, 180, 598; Committee, 603; remaining stages tion and first reading, 765; second reading, 920, 608. 1576; appropriation, 1200; Committee, 1594; third Infertility (Medical Procedures) Bill (No. 2)­ reading, 1603. Council amendments dealt with, Received from Council and first reading, 1274; 1883. second reading, 1385, 1807; Committee, 1831; Deakin Uni~'ersity (Amendment) Bill-Second read­ remaining stages, 1848. ing, 351; remaining stages, 352. Land (Miscellaneous Matters) Bill-Received from Education (Amendment) Bill (No. 2)-Received from Council and first reading, 945; second reading, Council and first reading, 1557; second reading, 1012, 1640; remaining stages, 1641. 1607, 1848; Committee, 1852; remaining stages, Land Tax (Amendment) Bill (No. 2)-Introduction 1857. and first reading, 692; second reading, 831, 1287; Em'ironment Protection (General Amendment) Bil/­ appropriation, 915; Committee 1297; remaining Received from Council and first reading, 884; stages, 1300. second reading, 924, 1639; Committee and Law Reform Commission Bill-Introduction and remaining stages, 1640. first reading, 170; second reading, 264, 785; appro­ Ethnic A.Uairs Commission (Amendment) BiI/­ priation, 343; remaining stages, 789. Council Second reading, 52; remaining stages, 56. amendment dealt with, 1203. Extractire Industries (Amendment) Bill-Introduc­ Liquor Control (Amendment) Bill (No. 2)-Intro­ tion and first reading, 765; second reading, 918, duction and first reading, 343; second reading, 424, 1511; appropriation, 1007; remaining stages, 1514. 1211; instruction to Committee, 1199, 1412; Films (Classification) Bill-Received from Council Committee, 1412, 1422; third reading, 1444. and first reading, 1247; second reading, 1312, 1787; Council amendments dealt with, 1739. remaining stages, 1796. Liquor Control (Booth Licences) Bil/ (No. 2)-Intro­ Firearms (General Amendment) Bill-Introduction duction and first reading, 46; second reading, 46, and first reading, 765; second reading, 871, 1484; 98; Committee, 103; remaining stages, 106. (4) INDEX Bills-continued Bills-continued

Local Government (Long Service Leave) Bill-Second Port Bellarine Tourist Resort (Amendment) Bill­ reading, 113; remaining stages, 114. Received from Council and first reading, 945; Loddon-Campaspe Regional Planning Authority second reading, 10 10, 1641; remaining stages, 1641. Bill-Introduction and first reading, 547; second Post-Secondary Education (Practical Placements) reading, 661. Bill-Introduction and first reading, 1572; second Lotteries Gaming and Betting (Amendment) Bill (No. reading, 1603; remaining stages, 1607. 2)-Introduction and first reading, 1008; second I're-school Teachers and Assistants (Portability of reading, 1155, 1484; remaining stages, 1484. Long Service Leave) Bill-Introduction and first Lotteries Gaming and Betting (Gaming Machines) reading, 1008; second reading, 1160, 1519; appro­ Bill-Introduction and first reading, 1274; second priation, 1200; Committee, 1523, 1558; remaining reading, 1307, 1548; Committee, 1553, 1554; stages, 1563. remaining stages, 1556. Psychologists Bill-Referred to Social Development Magistrates' Courts (Appointment of Magistrates) Committee, 1506. Bill-Second reading, 116; remaining stages, 119. Public Holiday (l50th Anniversary) Bill-Introduc­ Medical Practitioners (Further Amendment) BiII­ tion and first reading, 1274; second reading, 1328, Introduction and first reading, 765; second read­ 1532; Committee, 1546; remaining stages, 1547. ing, 875, 1380, 1613; Committee, 1617; remaining Racing (Amendment) Bill (No. 2)-Introduction and stages, 1620. first reading, 766; second reading, 878, 1523; Melbourne Corporation (Election of Council) Committee, 1528; remaining stages, 1531. (Amendment) Bill-Introduction and first read­ Senate Elections (Amendment) Bill-Introduction ing, 97; second reading, 106, 513; remaining stages, and first reading, 343; second reading, 423, 547; 524. remaining stages, 549. Melbourne Cricket Ground (Guarantees) BiII­ South Yarra Project Bill-Introduction and first Introduction and first reading, 764; second read­ reading, 1007; second reading, 1152, 1507; appro­ ing, 870, 1330; appropriation, 915; Committee, 1335; remaining stages, 1337. priation, 1200; remaining stages, 1511. Council amendments dealt with, 1547. Monash University (Amendment) Bill-Second reading, 347; Committee, 348; remaining stages, Stamps (Amendment) Bill (No. 2)-Introduction and 351. first reading, 692; second reading, 830, 1255; appropriation, 915, 1247; Committee, 1261, 1280; Motor Car (Insurance Surcharge) Bill-Appropria­ remaining stages, 1287. tion, 763; introduction and first reading, 763; second reading, 865, 1247; Committee, 1250, 1251; State Bank (Amendment) Bill (No. 3)-Second read­ remaining stages, 1255. ing, 47; Committee, 51; remaining stages, 52. Motor Car (Licences) Bill-Introduction and first State Electricity Commission (Coal Corporation of reading, 97; second reading, 179, 524; appropria­ Victoria) Bill-Introduction and first reading, tion, 264; remaining stages, 534. 1008; second reading, 1155, 1514; appropriation, National Crime Authority (State Provisions) Bill­ 1200; remaining stages, 1519. Received from Council and first reading, 1385; Subordinate Legislation (Review and Revocation) second reading, 1457, 1796; remaining stages, 1807. Bill-Received from Council and first reading, National Parks (Further Amendment) Bill-Intro­ 1343; second reading, 1461, 1867; Committee, duction and first reading, 847; second reading, 922, 1871; remaining stages, 1873. 958, 1319; appropriation, 1200; Committee, 1327, Superannuation (Refund of Contributions) BiII­ 1375; remaining stages, 1379. Council amend­ Introduction and first reading, 1507; second read­ ments dealt with, 1881. . ing, 1573, 1743; remaining stages, 1744. Pay-roll Tax (Amendment) Bill (No. 3)-Introduc­ Therapeutic Goods and Cosmetics Bill-Appropria­ tion and first reading, 692; second reading, 916, tion, 116. Referred to Social Development Com­ 1302; appropriation, 1007; remaining stages, 1307. mittee, 1506. Penalties and Sentences (Amendment) Bill (No. 2)­ Transfer of Land (Amendment) Bill (No. 2)­ Received from Council and first reading, 763; Received from Council and first reading, 1247; second reading, 882, 1873; Committee, 1876; second reading, 1311, 1883; remaining stages, 1884. remaining stages, 1877. Trustee (Amendment) Bill (No. 2)-Received from Pipelines (Permits) Bill-Second reading, 56, 114; Council and first reading, 1404; second reading, Committee, 115; remaining stages, 116. 1463, 1884; remaining stages, 1884. LEGISLATIVE ASSEMBLY (5)

Bills-conti n ued Brown, Mr A. J.-continued

Trustee Companies Bill-Received from Council and Budget-For 1984-85: Hotel Windsor briefing, q 470, first reading, 1563; second reading, 1573, 1762; q 542; debate, 821, 1071. Committee, 1766; remaining stages, 1770. Builders Labourers Federation-Queen Victoria r'aluation of Land (Valuations) Bill-Introduction Medical Centre dispute, q 32. and first reading, 97; second reading, 107, 345; Building Industry Investigation Implementation remaining stages, 347. Committee-Members, q 148. Water Charge Concessions BiI/-Introduction and Children (Guardianship and Custody) Bill, 388. first reading, 765; second reading, 915, 1308; Conservation, Forests and Lands-Penguins and appropriation, 1007; Committee, 1310; remaining koalas on Phillip Island, 993. stages, 1311. Consumer Affairs-Residential Tenancies Act, q 687. U 'ater (Miscellaneous Amendments) BiI/-Received Education-Bittern Primary School, 534. Monkami from Council and first reading, 1155; second read­ Centre for the Mentally Handicapped, 1684. ing, 1200, 1744; remaining stages, 1745. Electoral-Seat of Morwell vacancy, 20. Wheat Marketing Bill-Received from Council and Employment and Training-Unemployment statis­ first reading, 1548; second reading, 1556, 1751; tics, q 908. Committee, 1754; remaining stages, 1755. Environment Council-Appointment of honour­ U 'heat Marketing (Home Consumption Price) BiI/­ able member for Morwell, 20. Received from Council and first reading, 992; second reading, 1011, 1747; remaining stages, 1751. Environment Protection Authority-Litter reduc­ Wine Grape Processing Industry (Amendment) BiI/­ tion programme, 153. Received from Council and first reading, 1247; Fisheries and Wildlife Service-Penguins and koalas' second reading, 1275, 1745; remaining stages, 1746. on Phillip Island, 993. Youth, Sport and Recreation (Advisory Councils) Grievance Day-Curtailing of debate, 1684. Bill-Introduction and first reading, 766; second Grievances, 648, 1116, 1684. reading, 881, 1472; appropriation, 915; remaining Health-Werribee and District Community Health stages, 1484. Services, q 758. Youth, Sport and Recreation (State Sports Council) Hospitals-Queen Victoria Medical Centre, q 32. Bill-Appropriation, 46; second reading, 108; Housing- Committee, Ill; remaining stages, 113. Council Estates-Tenants' association, 1685. amendment dealt with, 352. Houses and Units-Granny flat accommodation, Bills-Concurrent debate, 353. 140. Land and Properties-Vacant Govemment-owned Births-Cost of certificates, 992, 997. Registration, properties, 197. Toorak project, 648. Purchases by 1264,1266. Ministry,q 11 10, q 1111, 1116,q 1500,q 1501. Blackburn Attendance Centre, 625. Ministry-House and land packages: Purchases, Blood Bank-Voluntary donation system, q 254,397. q 1110, q 1111, 1116, Q 1500, Q 150 I. Transmission of AIDS, 1446, 1449. Litter Reduction Programme, 153. Bond, the Late E. E., 26. Members-Seat of Morwell vacancy, 20. Box Hill Arcade Traders, 1677. Mental Health-Monkami Centre for the Mentally Handicapped, 1684. Boxing-Promotion, q 403. Pensioners-Wonthaggi coal miners, 1177. Bridges (See "Road Construction Authority-Roads Petitions-Container deposit legislation, 153. Phil­ and Bridges".) lip Island land zoning, 847. Brothels, 42, 342. Phillip Island-Land zoning, 847. Penguins and koalas, 993. Points of Order-Misrepresentation, 145, 1686. Brown, Mr A. J. (Westernport) Offensive remark, 145. Statement in debate, 539. Adoption Bill (No. 2), 388. Police Department-Investigations into Ministry of Alcoa of Australia Ltd-Portland smelter: Joint ven­ Housing purchases, Q 1500, Q 1501. tur~, q 401. Residential Tenancies Act, Q 687. Animals-Penguins and koalas on Phillip Island, Unemployment-Statistics, Q 908. 993. Wonthaggi-Pensions for former coal miners, 1177. Appropriation (1984-85, No. 1) Bill, 821, 1071. (6) INDEX

Budget-For 1984-85: Priorities, q 40 I; Govern­ C ment's interest liabilities, q 403; Hotel Windsor briefing, q 470, q 471, q 542; debate, 479, 693, 789, 814,884,960, 1017; allocations for country areas, Cain, Mr John (Bundoora) 1130; workers compensation allocation, q 1191, Administrative Appeals Tribunal Bill, 547,936,1466, q 1192, q 1194, q 1195. (See also "State Finance" 1470, 1471. and "Taxation".) Administrative Arrangements Orders, 43, 691. Builders Labourers Federation-Dispute at Queen Advisory Council for Inter-Government Rela­ Victoria Medical Centre, q 32, q 34, q 37. Pay­ tions-Report presented, 43. ment for time not worked, q 68. Portland smelter, Alcoa of Australia Ltd-Portland Smelter. Minister­ q 541. q 684. Charges against members, 622, 624. ial statement, 73. Joint venture, q 470, q 1005, Industrial disputes, 643, 834, 836, 837, 838. Gov­ q 1564. Union dispute, q 541, q 685. Negotiations ernment action, q 682. Deregistration, q 683, q 757, with Portland Town Council, q 1113. Proposed q 841, q 843. 1263. 1265. Bans on projects, q 842, declaration as vital project, q 1190. Resumption q 913. ofwork,q 1451. Building and Construction Industry-Regulation, 632. Alcoa (Portland Aluminium Smelter) (Amendment) Bel Air Country Club estate, 1123. Approvals, Bill, 46, 170, 120 I. q 1194. (See also ··House Builders' Liability", Asbestos-In Government buildings, q 907. "Housing" and "Housing-Ministry".) Australian Labor Party-Raffles, 1448. Building Industry Investigation Implementation Com­ Banks-Foreign bank licences, q 472. mittee-Members, q 148. Births-Registration, 1266. Buller. R. L •• and Son Pty Ltd-Licence fee for wildlife Blood Bank-Transmission of AIDS, 1449. , park,394,400. Budget-For 1984-85: Hotel Windsor briefing, q 543. Builders Labourers Federation-Dispute at Queen Victoria Medical Centre, q 32, q 37. Charges Burgin. Mr C. W. (Polwarth) against members, 624. Government ac~ion, q 682. Appropriation (1984-85, No. 1) Bill, 1041. Deregistration, q 683, q 757, q 841, q 843, 1265. Brothels-Council permits, 42. Portland smelter, q 685. Industrial disputes, 837. Dairy Industry Bill, 277, 285, 294, 306, 307, 308, Bans on projects, q 842, q 913. 1761. Building Industry Investigation Implementation Liquor Control (Amendment) Bill (No. 2), 1415. Committee-Members, q 148. Municipalities-Permits to establish brothels, 42. Business-Government initiatives, q 544. National Parks (Further Amendment) Bill, 1322, Business of the House-Adjournment of sitting as 1376, 1378, 1379. mark of respect, 32. Days and hours of meeting, Natural Resources and Environment Committee­ q 1190, q 1781. Report presented: Augmentation of Geelong's Christmas Felicitations, 1885. water supply, 1677. Petitions-Brothels, 42. School bus system, 478. Civil Justice Committee-Report presented: Natural remedies, 479. Administration of civil justice, 1506. State Transport Authority-Bus services for country Commercial Arbitration Bill, 1865, 1866, 1867. students, 478. Community Welfare Services-Statement by Min­ Therapeutic Goods and Cosmetics Bill, 479. ister, q 1565. Constitution Act Amendment (Donations and Elec­ toral Expenditure) Bill, The, 1632. Constitution Act Amendment (Electoral Legisla­ Burton, Mr A.-Retirement, 678. tion) Bill, The, 1168. Buses (See "Metropolitan Transit Authority".) Costigan Royal Commission-Tabling of corre­ Bush Fires-Fire-resistant houses, q 1672. spondence, q 544, q 615. Tabling of report, q 1352. Business-Government initiatives, q 544. Report presented: Activities of the Federated Ship Business of the House-Adjournment of sitting as mark Painters and Dockers Union of Australia, 1696. of respect, 32. Order, 170, 1375. Refusal ofleave Ministerial statement, 1696. Recommendations, to move censure motion, 621. Notices of motion, q 1781. 847. Days and hours of meeting, q 1190, q 1781. County Court (Amendment) Bill, 764, 866, 1317. LEGISLATIVE ASSEMBLY (7) Cain, Mr John-continued Cain, Mr John-continued

Deaths-Hon. J. J. Sheehan, 26. E. E. Bond, Esq., Melbourne Cricket Ground-Cost of police in light 30. Prime Minister of India, 1620, 1622. towers dispute, q 39. Economy. The-State of, q 33. Stimulation, q 1782. Members-Seat ofMorwell vacancy, I, 12. Contest· Electoral-Seat of Morwell vacancy. I, 12. Legisla. ing Assembly seats, q 1192. Retirement of honour­ tive Council by-elections. q 1192. Referendum, able members for Broadmeadows, Prahran, q 1500. Hawthorn, Midlands, Portland, Polwarth, Brigh· Employment-Growth, q 1782. ton and Wantirna, 1885. Energy Resources-Esso-BHP activities in Bass Mining-Occupiers' liability of miners' right hold­ Strait. q 1191. ers, 62. Envtronment Council-Appointment of honour· Ministerial Statements-Portland aluminium able member for Morwell, I. 12. smelter project, 73. Government's achievements for women, 1641. Federated Ship Painters and Esso-BHP-Activities in Bass Strait, q 1191. Docker.s Union of Australia: Royal Commission, Ethnic Affairs-Italian government conference. 1696. q 1193. Ministry, The-Statement by Minister for Com­ Federated Ship Painters and Dockers Union of Aus- munity Welfare Services, q 1565. Overseas visit, tralia. q 544. q 615, q 1352, 1696, q 1781. q 470, q 472, q 475. Films (Classification) Bill, 1247, 1312. National Crime Authority (State Provisions) Bill, Floods-In Melbourne suburbs, q 542. 1385,1457. Freedom of Information Act-Requests for infor­ Nieuwenhuizen Inquiry-Proposals re occupational mation. q 1110. taxation, q 616. Gas and Fuel Corporation-Charges, q 36, q 475. Olympic Games-Employment for athletes, q 1272. Government-Advertising costs incurred by pre­ Penalties and Sentences (Amendment) Bill (No. 2), vious Government, 61. Want-of·confidence 763. motion, 1720. Personal Explanation-Statements in debate, 40, 814. Government Departments and Instrumentalities­ Police Department-Melbourne Cricket Ground Asbestos in Government buildings, q 907. Attire light towers dispute, q 39. Investigations into Min­ for departmental heads, q 1671. istry of Housing purchases, q 150 I. Crime car Grievances, 624. squad duties, 1894. Health-AIDS, 1449. Broadmeadows community Pornography-On video cassettes, q 35. health centre. q 1456. Public Service (Amendment) Bill, 40. Hospitals-Queen Victoria Medical Centre, q 32, Questions on Notice-Answers, 1266. q 37. Waiting lists for elective §urgery, q 152. Raffles and Bingo Permits Board-Permits for raf­ Charges. q 473. Industrial disputes, q 1782. fles, 1448. Housing-Purchases by Ministry, q 1110, q 150 I. Richmond-Council inquiry, 1894. Industrial Affairs-Hospital disputes, q 1782. Road Construction Authority-Bridge at Bullock Industry, Commerce and Technology-Govern- Creek, Calder Highway, 838. ment initiatives, q 544. Royal Family-Proposed visit, q 1114. Infertility (Medical Procedures) Bill (No. 2), 1274. Royal Society for the Prevention of Cruelty to Ani· Law Courts-Sentencing statistics for higher crimi­ mals-Court costs, 1449. nal courts, 1506. Report of Supreme Court judges Sport-Employment for Olympic athletes, q 1272. for 1983, 1007. State Electricity Commission-Charges, q 36, q 475. Law Department-Court costs, 1449. State Emergency Service-Floods in Melbourne Law Reform Commission Bill, 170,787,789,814, suburbs, q 542. 1203. State Finance-Taxes and charges, q 472, q 476. Leo Cussen Institute for Continuing Legal Educa­ State debt, q 757. tion-Report presented: For 1983, 1570. State Insurance Office-Workers compensation, Magistrates' Courts (Appointment of Magistrates) q 1352. Legal advice, q 1567, q 1568. Advice from Bill,119. Department of Management and Budget, q 1670. Management and Budget, Department of-Advice Subordinate Legislation (Review and Revocation) on State I nsurance Office. q 1670. Bill, 1343, 1461, 1871, 1872. Melbourne-Financial centre. q 472. Building pro­ Taxation-Increases, q 472, q 476. Nieuwenhuizen jects in central business district, q 1001. inquiry, q 616. (8) INDEX Cain, Mr John-continued Canac Consultants Ltd-Report on grain transport, q 690, 1142. Totalizator Agency Board-Attire of chairman. Castlemaine-Development, 447, 452. q 1671. Trading Hours-Retail. q 1110. Transfer of Land (Amendment) Bill (No. 2). 1247. 1311. Trustee (Amendment) Bill (No. 2). 1404. Cathie, Mr I. R. (Carrum) Trustee Companies Bill. 1563. Aboriginal Affairs-Cultural interpretive centre for Unions-Builders Labourers Federation. q 32. q 37. Grampians National Park, q 1355. 624. q 682. q 683. q 685. q 757. q 837, q 841, q 842, A1coa of Australia Ltd-Electricity tariff, q 149. q 843. q 913, 1265. Federated Ship Painters and Alpine Resorts Commission-Operation, 1669. Dockers Union of Australia, q 544, q 615, q 1352, Animals-Feral predators in Sherbrooke Forest, 838. 1696. q 1781. Appropriation (1984-85, No. I) Bill, 722. Victoria-I 50th anniversary celebrations, q 1114, Australian Labor Party-Donation to Frankston q 1498, q 1564. councillor, 1776. Video Cassettes-Pornographic, q 35. Bendigo-Chinese museum, 400. Want-of-Confidence Motion-In Government, 1720. Building Societies (Amendment) Bill, 764, 868. Women-Government's achievements, 1641. Buller, R. L., and Son Pty Ltd-Licence for wildlife park,4OO. Callister, Miss V. J. (Morwell) Bush Fires-Fire-resistant houses, q 1672. APM Ltd-Maryvale licence renewal, 1116. Castlemaine-Development, 452. Alcoa of Australia Ltd-Portland smelter, q 254, Chinatown Historic Precinct Bill, 343,429, 950,952, q 1113. 954,955,956,957. Apprentices-At Latrobe Valley Trade Training Chinese Museum-In Bendigo, 400. Centre. 609. Commercial Arbitration Bill, 432. Blood Bank, 397. Conservation, Forests and Lands-Lyrebirds in Education-Equal opportunity resource centres, 673. Sherbrooke Forest, 838. Penguins and koalas on Electoral-Legislative Council by-elections, q 1192. Phillip Island, 998. Employment and Training, Ministry of-Funding Co-operation (Credit Societies) Bill, 764, 867. of Latrobe Valley Trade Training Centre, 609. Crown Land (Reserves) (Amendment) Bill. 764, 916, Environment Protection Authority-Litter reduc­ 1319. tion programme, 72. APM Ltd, Maryvale, licence renewal, 1116. Dangerous Goods (Road Transport) Bill, 920. Equal Opportunity-For women, 673. Education-Participation and equity programme, 1776. Grievances, 644. Employment and Training-In manufacturing sec­ Health Commission-Survey on waiting lists for tor, q 761. Unemployment in public sector, 1179. surgery, q 618. Environment Protection (General Amendment) Bill, Hospital Employees Federation, 397. 924. Hospitals-Waiting lists, q 618. Fisheries and Wildlife Service-Rutherglen winery Infertility (Medical Procedures) Bill (No. 2), 1837. wildlife park, 400. Lyrebirds in Sherbrooke For­ Latrobe Valley Trade Training Centre, 609. est, 838. Penguins and koalas on Phillip Island, Litter Reduction Programme, 72. 998. Melbourne and Metropolitan Board of Works­ Fisheries (Reciprocal Licences) Bill, 1275. Thomson dam, q 683. Government Media Unit-Staffsalaries, 1178. Members-Contesting Assembly seats, q 1192. Grievances, 1120. Petitions-Litter reduction programme, 72. Liquor Housing- Control Act, 846. APM Ltd, Maryvale, licence Estates-Improvements, q 260. Goonawarra, q 1003. renewal. 1116. Tenants' association, 1776. Thomson Dam-Safety of wall, q 683. General-Commonwealth-State agreement, q 258. Trading Hours-For alcoholic liquor, 846. Houses and Units-Granny flat accommodation, Transphere Ltd-Investments, 644. 144. Single-entry flats, 750, 755. Lending pro­ Trusts-Investments, 644. gramme, q 1195. Accommodation programme, Women-Equal opportunity, 673. q 1272, q 1452. Bush-fire resistant houses, q 1672. LEGISLATIVE ASSEMBLY (9)

Cathie, Mr I. R.-continued Cathie, Mr I. R.-continued

Land and Properties-Sales by Urban Land Auth­ South Yarra Project Bill, 1007, 1152, 1155, 1510, ority, q 476. Toorak project, 539. Purchases by 1547. Ministry, q 1112, 1120, q 1500. Stafford Ellinson (Manufacturing) Pty Ltd-State and Ministry-House and land purchases, q 1112, 1120, regional industries programme, q 1353. 1178, q 1500. State Electricity Commission-Charges to Alcoa of Industry, Commerce and Technology-Regional Australia Ltd, q 149. assistance programmes, q 68, q 1353. Employ­ ment in manufacturing sector, q 761. Promotion Tourism-Government strategy, q 66. Chinese of Yarra Valley, 838. Government investment in museum in Bendigo, 400. Promotion of Yarra Silenus group, q 1270. State and regional indus­ Valley, 838. Alpine Resorts Commission, 1669. tries programme, q 1353. Trading Hours-Hotel, q 1670. Land (Miscellaneous Matters) Bill, 945, 1012. Urban Land Authority-Land sales, q 476. Goona­ Liquor Control (Amendment) Bill (No. 2), 343, 424, warra estate, q 1003. 429, 1199, 1200, 1412, 1413, 1414, 1415,.1416, Victorian Economic Development Corporation­ 1417, 1423, 1426, 1427, 1429, 1430, 1431, 1432, Funding of Queen Victoria Medical Centre pro­ 1434, 1436, 1437, 1443, 1740, 1741, 1742. ject, q 65. Liquor Control (Booth Licences) Bill (No. 2), 46, 102. Media-Government unit staff salaries, 1178. Cemeteries-New sites, q 1503. Ministry, The-Overseas visit by Minister for Industry, Commerce and Technology, q 1198. Chairman of Committees, The (Mr J. T. Wilton) Municipalities-Development in Castlemaine, 452. Rulings and Statements 0/- Proposed restaurant and aquarium complex at Mornington. 1775. Donation to Frankston coun­ Debate-Discussion of proposed amendment, 287, cillor, 1776. 288. Withdrawal of amendment, 289. Relevancy National Crime Authority (State Provisions) Bill, of remarks, 307, 441, 607, 1020, 1021, 1036, 1082, 1806. 1094, 1252, 1253, 1393, 1394, 1395, 1396, 1413, National Parks-Aboriginal cultural interpretive 1414, 1429, 1436, 1600. Admissibility of amend­ centre for Grampians, q 1355. ment, 499, 1546. Responsibility of honourable National Parks (Further Amendment) Bill. 847,922, members in bringing forward amendments, 504. 923,958, 132~ 1375, 1376, 1377, 1378, 137~ Explanation of clause, 505. Scope, 505, 507, 552, Phillip Island-Koalas and penguins, 998. 554, 582, 583. Interjections, 511, 550, 606, 607, Planning-Proposed restaurant and aquarium com­ 1251, 1415. Tedious repetition, 607. Procedure, plex at Mornington, 1775. 1018,1020. Members to address Chair, 1251. Point Points of Order-Tabling of documents, 711. Rele­ of order not to be taken on behalf of another mem­ vancy of remarks, 1176, 1231, 1241, 1414, 1429, ber, 1393. Offensive remark, 1425. Decorum of 1436. Reference to future legislation, 1775. Iden­ members, 1546, 1547. Amendment out of order, tifying quoted document, 1804. 1546. Rule of anticipation, 1601. Police Department-Investigation into Ministry of Members-Insufficient numbers to appoint tellers, Housing purchases, q 1500. 1839. Port Bellarine Tourist Resort (Amendment) Bill, 945, Rulings and Statements as Deputy Speaker­ 1010. Debate-Reading of speech, 93. Relevancy of Ports-Building of submarines at Geelong, 1178, remarks, 274, 852, 1305, 1525. Interjections, 706, 1266. 709, 722, 782. Tabling of documents, 711, 1609. Public Bodies Review Committee-Small Business Terms of want-of-confidence motion limited, 850. Development Corporation, q 1504. Order of call, 859, 860. Time provided under Ses­ Queen Victoria Medical Centre, q 65, sional Orders, 860. Availability of Bills during Royal Australian Navy-Building of submarines at second reading, 923. Member should seek infor­ Geelong, 1266. mation from Leader of the House, 924. Quoting Silenus Companies-Government investment, from document, 1123. Offensive remark, 1614. q 1270. Allegations against members, 1714, 1715. Small Business Development Corporation­ Recommendations of Public Bodies Review Committee, q 1504. Charity-Bogus collectors, 611, 613. (10) INDEX Children- Community Health Centres and Services (See General-Child care services, q 70, q 323, q 907. "Health-General" .) Advertising of electronic nanny, 893, 898. Rights of unborn, 1505. Community Welfare Services- Pre-schools-Mooroolbark Pre·school Centre, 547. Children-Cottage by the Sea, Queenscliff, 43, 448, Health Commission regulations, 612, 613. (See also 452. Child care services, q 70, q 323, q 907. Foster "Children's Protection Society" and "Community care programme, q 405. Allambie Reception Welfare Services-Children".) Centre, q 1273. Protective services funding, q 1354. Children's Protection Society-Funding, q 1354. Wards of State, q 1568. Department-Sunbury office, 1448, 1449. Chinese Museum-In Bendigo, 393,400. General-Women's refuges, q 1357. Statement by Christmas Felicitati~ns, 1885. Minister, q 1565. Civil Justice Committee-Report on administration of Youth-Services, q 844. civil justice, 1506. Conservation, Forests and Lands­ Clifford, Mr J., OAM-Retirement, 678. Conservation-High plains cattle grazing, 71, 621. Lyrebirds in Sherbrooke Forest, 836, 838. Pen· Coghill, Dr K. A. (Werribee) guins and koalas on Phillip Island, 993, 998. Lands-Sales by Urban Land Authority, q 476. Aboriginal Affairs-Cultural interpretive centre for Locust plague, 1488, 1489. For cemeteries, q 1503. Grampians National Park, q 1355. Ministry-Responsibility for fire prevention and Adoption Bill (No. 2), 380,436.437,497,498, 502, suppression, q 1000. 506. Aluminium Smelters of Victoria Pty Ltd-Appoint· Consumer Affairs- ment of managing director, q 256. General-Victorian Consumer Affairs Committee, Australian League of Rights-Alleged infiltration of q 261. Product safety, q 405. Milk packaging in National and Liberal parties, 1686. Geelong, 407, 449, 451, 1774, 1777. Arcoroc table· Children (Guardianship and Custody) Bill, 380, 436, ware, 537, 538. Labelling of containers of artifi­ 437,497,498,502,506. cially coloured eggs, 672, 676. Credit legislation, Energy Resources-Esso-BHP activities in Bass q 684. Mail order scheme of UP International Strait, q 1190. Advertising, 751, 756. Pricing of sale items, 752, Esso-BHP-Activities in Bass Strait, q 1190. 756. Advertising of electronic nanny, 893, 898. Grievances, 1686. Fitness centres, 1147, 1690. Sale of dangerous Hospitals-Prince Henry's, 154, 621. implement, 1444, 1449. Liberal Party-Alleged infiltration by Australian Ministry-Statements by Minister of Consumer League 9f Rights, 1686. Affairs on fitness centres, 1147, 1690. Municipalities-Privilege of councillors' state· ments, 753. Convention Centre-Progress, q 260. National Parks-Cultural interpretive centre for Corrections, Office of- Grampians, q 1355. National Party-Alleged infiltration by Australian General-Beechworth Training Prison, 41, 195, 20 I. League of Rights, 1686. Sun bury Training Centre, 446, 450. Prison facili· ties, q 619. Proposed prison at Lara, 621. Black· Petitions-Relocation of Prince Henry's Hospital, burn attendance centre, 625. Early release scheme, 154, 621. Liquor Control Act, 1115. 1347, 1350. Prison construction programme, Taxation-Licence fee for wildlife park, 400. q 1783. Receipts, q 842. Parole and Probation-Probationary services, q 913. Trading hours-For alcoholic liquor, 1115. Pentridge Prison-Suspension of warder, 1446, 1449. Costigan Royal Commission-Tabling of correspond· Commonwealth Parliamentary Association-Meeting, ence, q 544, q 615. Tabling of report, q 1352. 814. Report presented: Activities of the Federated Ship Commonwealth-State Relations-Tax-sharing Painters and Dockers Union, 1696. Ministerial arrangements, q 1783. (See also "Economy, The", statement, 1696. Recommendations, q 1781. "Health-General", "State Finance" and Cottage by the Sea, Queenscliff-Funding, 43, 448, ··Taxation".) 452. LEGISLATIVE ASSEMBLY (11)

Country Fire Authority-Appointment of chairman, Crabb, Mr S. M.-continued q 151, 407. Future, 407. Responsibility for fire Motor Car (Insurance Surcharge) Bill, 763, 1249, prevention and suppression, q 1000. Political 1252,1254. independence, q 1454. Fire-fighting equipment, 1664, 1668. Motor Car (Licences) Bill, 97, 179,533,534. Municipalities-Mildura freight centre, q 911. Pensioners-Travel concessions, q 686. Points of Order-Relevancy of remarks, 605, 606, 607, 1248, 1252, 1253, 1342, 1392, 1395. Tedious Crabb. Mr S. M. (Knox) repetition, 607. Identifying quotes from docu­ Agriculture, Department of-Promotion of dairy ments,977. produce, 613. Ports-Trade statistics, q 149. Appropriation (1984-85, No. 1) Bill, 971. Public Holidays-Free public transport on 31 Arcoroc-Tableware, 538. December 1984, q 1268, q 1356. Australian Bureau of Statistics-Industrial disputes, Public Service-Holidays, q 404. Information on q 1004. superannuation benefits, 612. Australian Workers Union-West Gate Freeway Road Construction Authority-West Gate Freeway project, q 323. project, q 323. George Street, Doncaster, 613. Pro­ Bicycles-Safety helmets for cyclists, q 912. motion campaign, q 1783. Builders Labourers Federation-Dispute at Queen Road Traffic-Fairway system, 62, 612. Red light Victoria Medical Centre, q 34. West Gate Freeway cameras at intersections, q 758. Safety helmets for project, q 323. cyclists, q 912. Canac Consultants Ltd-Report on grain transport, Road VehicleS-Agricultural motor cycles, q 405, q 691. q 1499. Charity-Bogus collectors, 613. Senior Citizens-Free public transport during Sen­ Consumer Affairs-Arcoroc tableware, 538. iorCitizens Week, 612. Convention Centre-Progress, q 260. State Insurance Office-Solvency and viability, 1368. Dairy Industry-Promotion of produce, 613. State Superannuation Board-Information on bene­ Education-Bittern Primary School, 538. Excursion fits, 612. costs, 539. State Transport Authority- Grain Industry-Freight rates, 62, q 686. Bus Services-Albury-Wodonga to Mildura, 536, Handicapped Persons-Multipurpose taxi scheme, 538. Extension of Geelong transit system to Gro­ q 1354. vedale and Leopold, 538. Health-Yarrawonga community health centre, Country and Interstate Railway Lines-Cobram to q 1503. Melbourne, 62. Gippsiand, q 259. Vinelander, Hospitals-Queen Victoria Medical Centre, q 34. q 544. Leongatha, q 1456. Proposed closure of Industrial Affilirs-Australian Bureau of Statistics lines, q 691. Conductors, q 1567. figures on industrial disputes, q 1004. Fares and Freights-Grain handling rates, 62, q 686. Industrial Relations (Amendment) Bill (No. 2), 764, Lilydale service, 71. Pensioner travel concessions, 1343, 1391, 1394, 1401, 1402, 1403, 1880. q 686. Mildura freight centre, q 911. Industrial Relations (Long Service Leave) Bill, 170, General-Transfer of administrative staff, 63. Early 180, 602, 606, 608. retirement scheme, q 69, q 260. Free public trans­ Metropolitan Transit Authority- port: For Senior Citizens Week, 612; on 31 Bus Services-Free public transport on 31 Decem­ December 1984, q 1356. Annual report and ber 1984, q 1268, q 1356. accounts, q 1674. Fares-Student concession, 539. Unions-Builders Labourers Federation, q 34, q 323. General-Fairway system, 62, 612. Deficit for Australian Workers Union, q 323. 1983-84, q 66. Advertising campaign, q 688. Universal Life Church, 613. Annual report and accounts, q 1674. Workers Compensation-Funding basis, q 1352, Rail Services-Noble Park railway station under­ q 1567, q 1568. pass, 62. Cancellation of services, q 759. Free pub­ Youth, Sport and Recreation-Broadmeadows task lic transport on 31 December 1984, q 1268, q 1356. force centre, q 1456. Taxis-Multipurpose scheme, q 1354. Tram Services-Free transport on 31 December Crime (See "Police Department-Crime".) 1984, q 1268, q 1356. (12) INDEX Culpin, Mr J. A. (Glenroy) Dental Services-School Dental Service, q 620. Consumer Affairs-Pricing of sale items, 752. Education-Co-educational technical schools, q 1452. Dickinson, Mr H. R. (South Barwon) Victorian Development Fund-Results, q 257. Appropriation (1984-85, No. I) Bill, 800, 1086. Budget-For 1984-85, 800, 1086. Allocations for country areas, 1129. D Cottage by the Sea, Queenscliff, 43. Dairy Industry Bill, 308, 343. Dairying (See "Primary Industries-Dairy".) Environment Protection Authority-Litter reduc- Deaths-Hon. J. J. Sheehan, 26. E. E. Bond, Esq., 26. tion programme, 42. Prime MinisterofIndia, 1620. Grievances, 1129. Decentralization-Aid to industries, 41. Incentives, Hospital-Birregurra and District, 674. 660. Infertility (Medical Procedures) Bill, 1821. Liquor Control (Amendment) Bill (No. 2), 1229. Deloitte, Haskins and Sells-Economic strategy, q 1453. Litter Reduction Programme, 42. Media-Liaison with Police Department, q 318. Metropolitan Transit Authority-Student conces- sion fares, 198. Delzoppo, Mr J. E. (Narracan) Municipalities-Proposed separate coastal shire in Appropriation (1984-85, No. 1) Bill, 889. South Barwon electorate, 1129. Brothels-Legalization of prostitution, 342. Petitions-Litter reduction programme, 42. Cottage Children-Health Commission pre-school regula- by the Sea, Queenscliff, 43. Dairy Industry Bill, tions,612. 343. Chinatown Historic Precinct Bill, 945, 953, 954,955, Police Department-Liaison with media, q 318. Drug 956. trafficking, 1131. Facilities in Geelong and South Barwon areas, 1132. Marine search and rescue Dangerous Goods (Road Transport) Bill, 1585, 1596, service, Torquay, 1664. 1598, 1600, 1602. Pornography-Distribution, 1131. Fire Authorities Bill, 1411. Port Bellarine Tourist Resort (Amendment) Bill, Aoods-Warning on level ofThomson dam, 672. 1641. Health Commission-Information on child-mind- State Transport Authority-Transfer of administra­ ing agency, 612. tive staff, 61. Public toilets at Bannockburn rail­ Hospitals -Queen Victoria Medical Centre, q 65. way station, 144. Local Government (Long Service Leave) Bill, 113. Taxation-Wine licence fee, 61. Loddon-Campaspe Regional Planning Authority Water Safety-Marine search and rescue service, Bill,662. T orquay, 1664. Melbourne Corporation (Election of Council) Wine Industry-Licence fee, 61. (Amendment) Bill, 107,513,515. Ministerial Statement-Municipal restructuring, 330. Municipalities-Restructuring, 330. Rates in Discrimination (See "Equal Opportunity" and "Immi­ Hamilton, 1172. gration and Ethnic Affairs".) Petitions-Liquor Control Act, 342. Legalization of Division List-Error, 1603. prostitution, 342. Divisions- Point of Order-Relevancy of remarks, 515. Adoption Bill (No. 2),443, 555, 556, 567, 579, 588, Prostitution, 342. 595. Thomson Dam-Safety of wall, 672. Appropriation (1984-85, No. 1) Bill, 826, 991, 1090, Trading Hours-For alcoholic liquor, 342. 1093. Valuation of Land (Valuations) Bill, 345. Constitution Act Amendment (Donations and Elec­ Victorian Economic Development Corporation­ toral Expenditure) Bill, The, 1638, 1639. Funding of Queen Victoria Medical Centre pro­ Constitution Act Amendment (Electoral Legislation) ject, q 65. Bill, The, 1210. Water Charge Concessions Bill, 1308, 1310. Dairy Industry Bill, 286, 290, 293, 295, 297, 299, 30~ 175~ 1759,1761. LEGISLATIVE ASSEMBLY (13)

Divisions-continued Ebery, Mr W. T.-continued Dangerous Goods (Road Transport) Bill. 1594. Corrections, Office of-Suspension of Pentridge Education (Amendment) Bill (No. 2), 1854, 1856. Prison warder, 1446. Electoral-Seat of Morwell vacancy, 25. Country Fire Authority-Future, 415. GOl"ernment-Want-of-confidence motion, 1738. Dangerous Goods (Road Transport) Bill, 1598. Grievance Day-Suspension of Standing Order, 1572. Environment Protection (General Amendment) Bill, Health (General Amendment) Bill. 944. 1639. Il1dustrial Relations (Amendment) Bill (No. 2), 1341, Firearms (General Amendment) Bill, 1484. 1343.1401.1403. Fire Authorities Bill, 1010, 1343, 1411. bl{ertility (Medical Procedures) Bill (No. 2), 1837, Grievances, 643. 1843.1844.1846,1847. Health-Natural therapists, 691. Liquor Control (Amendme",t) Bill (No. 2), 1246, 1412, Meat Industry-Inspection, 894. 1419, 1422, 1425, 1426, 1437, 1438, 1443. Members-Electorate office of honourable member Liquor Control (Booth Licences) Bill (No. 2), 105. for Syndal, 392. Lotteries Gaming and Betting (Gaming Machines) Mining-Occupiers' liability of miners' right hold­ Bill. 1554. ers, 59. Medical Practitioners (Further Amendment) Bill. Ministry, The-Censure of Minister for Police and 1619. Emergency Services, 415. Melhourne Corporation (Election of Council) Petitions-Kangaroo Flat police station, 42. Natural (Amendment) Bill. 524. therapists, 691. Liquor Control Act, 1115. Small business restrictions and charges, 1116. Ministerial Statement-Federated Ship Painters and Dockers Union of Australia: Royal Commission, Planning-Permit for electorate office of honourable 1711. member for Syndal, 392. Points of Order-Anticipating Budget debate, 757. Motor Car (Insurance Surcharge) Bill. 1250, 1255. Question not to be debated, 1114, 1193. Puhlic Holiday (I 50th Anniversary) Bill. 1545. Police Department-Kangaroo Flat police station, Queen Victoria Medical Centre. 169. 42. State Insurance Office-Solvency and viability, 1374. Public Holiday (150th Anniversary) Bill, 1542. Youth. Sport and Recreation (State Sports Council) Public Works Department-Renovations to electo­ Bill. 112. rate office of honourable member for Syndal, 392. Drugs (See "Health-Drugs" and "Police Depart­ Road Construction Authority-Calder Highway ment-Crime" .) bridge dispute, 836. Senate Elections (Amendment) Bill, 547. E Small Business-Restrictions and charges, 1116. Trading Hours-For alcoholic liquor, 1115. Eastern Suburbs Co-operative Trading Society of Dis­ abled and Disadvantaged Workers, 1128. Economic and Budget Review Committee-Extension of time to report on Victorian wine industry, 56. Report on public sector superannuation, 396, 399. Reports presented: Victorian public sector super­ Ebery, Mr W. T. (Midlands) annuation, 407; superannuation schemes, 1570. Adoption Bill (No. 2), 555, 587, 588, 592. Agriculture, Depar:tment of-Meat inspection, 894. Economy, The-State of, q 33. Government policies, Appropriation (1984-85, No. 1) Bill, 740, 10 19, 1030, q 38. Interest rates, q 1452. Strategy, q 1453, q 1454. Stimulation, q 1782. 1050,1055. Builders Labourers Federation-Demarcation dis­ Education- putes, 643, 836. Department-Transfer of staff to Rialto building, Children (Guardianship and Custody) Bill, 555, 587, q 1004. Publications, q 1269. Property review, 588,592. q 1353. Monkami Centre for the Mentally Handi­ Constitution Act Amendment (Donations and Elec­ capped, 1683, 1684. toral Expenditure) Bill, The, 1622. Finance-Non-Government schools funding, 154, Constitution Act Amendment (Electoral Legisla­ q 619, q 1501. For bqilding programme, q 759. tion) Bill, The, 1164, 1471. General-Review of school medical service, q 321. Constitution (Council Vacancies) Bill, 1531. Regional boards, q 404. Equal opportunity resource (14) INDEX

Education-continued Employment Agents Act-Proclamation, q 1197. centres~ 673,675. Relationship between secondary Employment and Training- and post-secondary education. q 685. Disciplinary Employment-In manufacturing sector, q 761. procedures in State schools, q 688. Visits to zoo Resource centre in Latrobe Valley, 892, 898. by children attending language centres, 895, 896. Growth, q 910, Q 911, q 1782. Expenditure on new School terms, q 910. Victorian Mobile Area job opportunities, q 912. For Olympic athletes, Resource Centre Service, 1107, 1108. State school q 1272. Commonwealth Employment Pro­ system. q 1197. School councils, q 1355. Com­ gramme funding, 1347, 1350, 1773, 1777. munity language programmes, q 1566. Higher General-Occupational health and safety, 1775, school certificate examination, 1665, 1667. Partic­ 1778. ipation and equity programme, 1773, 1776. Fed­ Ministry-Govemment grants to organizations, 312, eral Government pamphlet, q 1781. 315. Funding of Latrobe Valley Trade Training Land-For Templestowe Park Primary School, 312, Centre, 609, 613. Leasing of Wangaratta property, 315. For Croydon youth facility, 1348, 1350. 835,840. Property review, q 1353. Training-Skills training programme, q 261. Post-Secondary-Expansion ofTAFE services, q 546. Apprentices, q 845, q 1455. Centre for Warmam­ Equal opportunity. q 1674. bool, 1175, 1179. School Buildings and Grounds-New library for Unemployment-Statistics, q 147, q 846, q 906, Numurkah High School, 993, 996. q 908, 1151, q 1566. Concessions, 394, 399. Youth, Schools. High-Numurkah, 993, 996. Staffing, q 1002. In ethnic community, q 1005. In public q 1565,q 1569. FerntreeGully,q 1671. sector, 1176, 1179. Schools. Primary-Templestowe Park, 312, 315. Energy Resources-Esso-BHP activities in Bass Strait, Bittern, 534, 538. Bayswater South, 763. Spring­ q 1190. (Seee also "Petroleum Products".) view, 1345, 1349. Community language pro­ grammes, q 1566. Environment Council-Appointment of honourable Schools. Special-Box Hill Special Developmental member for Morwell, I. School, 395, 399. Monkami Centre for the Men­ Environment Protection Authority­ tally Handicapped, 1683, 1684. Environment-Litter reduction programme, 42, 71, Schools. Technical-Benalla, q 67, q 148, q 152, 72,153,847,1006. q 321, q 470, q 471, q 474, 651, 672, 675. Warr­ General-APM Ltd, Maryvale, licence renewal, 1116. nambool, 313, 315. Knox, 763. Co-educational, q 1'452. Pollution-Industrial,72. Special Education-Transfer of personnel, q 255. Equal Opportunity-For women, 673, 675. In techni­ Units, q 1353. cal and further education, q 1674. (See also Students-Excursion costs, 537, 539. Accommoda­ "Women".) tion for country tertiary students, q 546. Medical care, 763. Integration of disabled, Q 1353, q 150 I. Higher school certificate candidate, 1665, 1667. Emst, Mr G. K. (Geelong East) Teachers-Victorian Teachers Union, q 151, q 1353. Corrections, Office of-Prison facilities, q 619. Residences for principals in country areas, 750. Cottage by the Sea, Queenscliff-Funding, 448. (See also UApprentices", UDental Services", "Health", "Medical Services", "Public Works Education-Community language programmes in Department-Schools", "Teaching Service Con­ primary schools, q 1566. ciliation and Arbitration Commission", "Uni­ Employment and Training-In manufacturing sec- versities", "Victorian Institute of Secondary tor, q 761. Education" and "Victorian Teachers Union".) Football-Betting, q 911. Geelong-Threat to water supply, q 473. Egg Industry (See "Primary Industries-Egg".) Industry, Commerce and Technology-Employ­ Electoral-Seat of Morwell vacancy, I. Use of electo­ ment in manufacturing sector, q 761. rate offices, 447, 657. Rolls, 894,896, 1489, 1490. Police Department-Threat to Geelong water sup­ Legislative Council by-elections, q 1192. Referen­ ply, q 473. dum,q 1500. Road Vehicles-Government rebate, q 65. Employment-(See "Apprentices", "Employment and Social Development Committee-Reports pre­ Training" and UIndustry, Commerce and sented: Complaint procedures against health ser­ Technology".) vices, 43; inquiry into radiation apparatus, 763; LEGISLATIVE ASSEMBLY (15)

Ernst, Mr G. K.-continued Evans, Mr B. J.-continued road safety, 1457; certificate of need legislation, Public Works Department-Inward wide-area tele­ 1506; compensation for the dispossession and dis­ phone service, q 257. persal of the Aboriginal people, 1570. Queen Victoria Medical Centre, 168. State Transport Authority-Car parking space at State Electricity Commission (Coal Corporation of Geelong railway station, 671. Victoria) Bill, 1517. Water-Threat to Geelong supply, q 473. State Transport Authority-Conductors on country Youth, Sport and Recreation-Football betting, trains, q 1567. q 911. Telecom Australia-Inward wide-area telephone service, q 257. Trading Hours-For alcoholic liquor, 1358. Esso-BHP-Activities in Bass Strait, q 1190. Ethnic Affairs-Grant to Australian Railways Union (Victorian Branch), q 690. Unemployment in eth­ F nic community, q 1005. Italian government con­ Federated Ship Painters and Dockers Union of Austra­ ference, q 1193. Use of word ""Christian" on forms, lia, q 544, q 615, q 1352, 1696, q 178. 1772,1776. Film Industry-Pornographic video cassettes, q 35. Euthanasia-Refusal of medical treatment legislation, Developments, q 67. Use of overseas actors in 42. Australian productions, 1138. Financial Institutions Duty (See ""Taxation-Finan­ Evans. Mr A. T. (Ballarat North) cia/Institutions Duty".) Appropriation (1984-85, No. 1) Bill, 1062, 1075, Fisheries and Wildlife Service-Rutherglen winery 1077. wildlife park, 394, 400. Proposed Keysborough Death-Hon. J. J. Sheehan, 27. dolphinarium, 407, 1007, 1570, 1676. Lyrebirds in Sherbrooke Forest, 836, 838. Penguins and koalas on Phillip Island, 993, 998. (See also Evans. Mr B. J. (Gippsland East) ""Animals".) Adoption Bill (No. 2), 385, 436, 440. Floods-In Melbourne suburbs, q 542. Insurance, 625. Children (Guardianship and Custody) Bill, 385,436, Warning on level ofThomson dam, 672, 677. 440. Constitution Act Amendment (Donations and Elec­ Fogarty, Mr W. F. (Sunshine) toral Expenditure) Bill, The, 1634. Apprentices-Group training schemes, q 845. Constitution Act Amendment (Electoral Legisla­ Dairy Industry Bill, 270, 290, 294, 300, 30 I. tion) Bill, The, 1161. Employment and Training-Group apprenticeship Country Fire Authority-Appointment of chair­ schemes, q 845. man, q 151. Future, 407. Environment Protection Authority-Litter reduc- Dairy Industry Bill, 276, 284, 286, 302, 306. tion programme, 847. Environment Protection Authority-Litter reduc- Health-Medicare system, q 1675. tion programme, 42. Hospitals-Medicare system, q 1675. Extractive Industries (Amendment) Bill, 1513. Housing-Commonwealth-State agreement, q 258. Films (Classification) Bill, 1795. Litter Reduction Programme, 847. Firearms (General Amendment) Bill, 1485. Medicare-Effect on health system, q 1675. Fire Authorities Bill, 1404. Petition-Litter reduction programme 847. Liquor Control (Booth Licences) Bill (No. 2), 104. Litter Reduction Programme, 42. Salinity Committee-Reports presented: Causes, effects and control of land and river salinity in Ministerial Statement-Municipal restructuring, 337. Victoria, 1787; water allocations in northern Vic­ Ministry, The-Censure of Minister for Police and toria, 1787. Emergency Services, 407. Rulings and Statements as Acting Speaker­ Municipalities-Restructuring, 337. Debate-Relevancy of remarks, 1241. Unfair National Parks (Further Amendment) Bill, 923, 1326. statement, 1241. Petitions-Litter reduction programme, 42. Liquor Control Act, 1358. Food Standards Committee-Artificial colouring of Pipelines (Permits) Bill, 114, 115. eggs, 672, 676. (16) INDEX

Football-Proposed national league, q 402. Betting, Fordham, Mr R. C.-continued q 911. (See also "Sport", "Victorian Football Lea­ Land-For Templestowe Park Primary School, 315. gue" and "Youth, Sport and Recreation­ For Croydon youth facility, 1350. Property review, Genera".) q 1353. Post-Secondary-Expansion of services, q 546. Equal opportunity, q 1674. Fordham, Mr R. C. (Footscray) School Buildings and Grounds-New library for Acts-Date of operation, 692. Numurkah High School, 996. 996. Staffing, q 1565, Administrative Appeals Tribunal Bill, 667. Schools. High-Numurkah, q 1569. FerntreeGully,q 1672. Adoption Bill""':'Withdrawn, 353. Schools. Primary-Templestowe Park, 315. Spring­ Adoption Bill (No. 2), 353, 565, 596. view, 1349. Community language programmes, Alcoa of Australia Lld-Portland smelter joint ven­ q 1566. ture,q 401. Schools. Technica/-Benalla, q 67, q 148, q 152, Ambulance Services-Public Bodies Review Com- q 321, q 470, q 471, q 474, 675. Warrnambool, mittee inquiry, 1349. 315. Co-educational, q 1452. Appropriation (1984-85, No. I) Bill, 991, 1090. Special Education-Transfer of personnel, q 255. Australian Plague Locust Commission, 1489. Units, q 1353. Business of the House-Order, 170, 1375. Students-Accommodation for country tertiary stu­ Canned Fruits Marketing (Amendment) Bill, 1276. dents, q 546. Integration ofdisabled, q 1502. Higher Children (Guardianship and Custody) Bill-Con- school certificate candidate, 1667. current debate, 353. Teachers-Victorian Teachers Union, q 151. Christmas Felicitations, 1890. Education (Amendment) Bill (No. 2), 1557, 1607, 1851, 1854, 1855, 1856. Conservation, Forests and Lands-Locust plague, 1489. Electoral-Seat of Morwell vacancy, I. Environment Council-Appointment of honour­ Constitution Act Amendment (Electoral Legisla­ able member for Morwell, I. tion) Bill, The, 670, 1172, 1204. Equal Opportunity-For women, 675. In technical Costigan Royal Commission-Ministerial state- and further education, q 1674. ment, 1711. Federated Ship Painters and Dockers Union of Aus­ Dairy Indu~try Bill, 1757, 1758, 1880. tralia, I 711. Deakin University (Amendment) Bill, 351, 352. Grievance Day-Suspension of Standing Order, Death-Hon. J. J. Sheehan, 30. 1571. Economic and Budget Review Committee-Exten­ Handicapped Persons-Facilities at Springview Pri­ sion of time to report on Victorian wine industry, mary School, 1349. 56. Industrial Relations (Amendment) Bill (No. 2), 1340. Education- Infertility (Medical Procedures) Bill (No. 2), 1385, Department-Transfer of staff to Rialto building, 1390. q 1004. Publications, q 1269. Property review, In Vitro Fertilization-Report, 264. q 1353. Joint Sittings of Parliament-Deakin University, Finance-For non-Government schools, q 619, 1548, 1779, 1780. Monash University, 1548, 1779, q 1501. Forbuildingprogramme,q 759. 1780. Victorian Institute of Secondary Education, General-Regional boards, q 405. Equal opportun­ 1548, 1779, 1780. ity resource centres, 675. Relationship between Law Courts-Selection ofjurors, 144. secondary and post-secondary education, q 685. Law Reform Commission Bill, 264. Disciplinary procedures in State schools, q 688. Legal and Constitutional Committee-Hours of Residences for principals in country areas, 754. meeting, 1507. Teaching Service Conciliation and Arbitration Liquor Control (Amendment) Bill (No. 2), 1246, Commission, q 909. School terms, q91O. Vic­ 1419. torian Mobile Area Resource Centre Service, 1108. Locust Plague, 1489. State school system, q 1197, q 1198. School coun­ Lotteries Gaming and Betting (Gaming Machines) cils, q 1356. Higher school certificate examina­ Bill, 1274, 1307, 1554. tion, 1667. Federal Government pamphlet, Medical Services-In vitro fertilization, 264. Nurse q 1781. training, q 758. LEGISLATIVE ASSEMBLY (17)

Fordham, Mr R. C.-continued Fordham, Mr R. C.-continued Melbourne Corporation (Election of Council) Wine Grape Processing, Industry (Amendment) Bill, (Amendment) Bill-Rescission of Order of the 1275. Day. 513. Women-Equal opportunity, 675. Members-Seat of Morwell vacancy, 1. Youth-Site for Croydon facility, 1350. Ministerial Statement-Federated Ship Painters and Dockers Union of Australia: Royal Commission, 1711. Freedom of Information Act-Information on super­ Ministry, The-Want-of-confidence motion in Min­ annuation benefits, 609, 612, 832, 838. Requests ister of Health, 622. for information, q 11 10. Monash University (Amendment) Bill, 348, 349, 350, Fuel and Power (See "Energy Resources", "Gas and 351. Fuel Corporation", "Petroleum Products" and Motor Car (Insurance Surcharge) Bill, 1250. "State Electricity Commission".) Motor Car (Licences) Bill-Rescission of Order of the Day, 513. G Parliament-Privileges of committees, 1349. Points of Order-Matter raised in debate on motion Gambling-Football betting, q 911. for adjournment of sitting should relate to Gov­ ernment administration, 448. Question not to be Gandhi, Mrs Indira-Death, 1620. debated, 685, 908. Tabling of quoted document, Gas and Fuel Corporation-Charges, q 36, q 256, 976. Raising a matter of privilege, 1346, 1347. q 475. (See also "Energy Resources".) Offensive remark, 1357. Relevancy of remarks, 1571. Identifying quoted document, 1804. Gavin, Mr P. M. (CobuT&) Police Department-Public statements by officers, 1489. Agriculture, Department of-Promotion of dairy Post-Secondary Education (Practical Placements) produce, 610. Bill, 1572, 1603, 1606. Arcoroc-Tableware, 537. Pre-school Teachers and Assistants (Portability of Consumer Affairs-An:oroc tableware, 537. Long Service Leave) Bill, 1523. Convention Centre-Progress, q 260. Public Bodies Review Committee-Ambulance ser- Dairy Industry-Promotion of dairy produce, 610. vices inquiry, 1349. Education-School building programme, q 759. Salinity Committee-Hours of meeting, 1200. Ethnic Affairs-Italian government conference, Senate Elections (Amendment) Bill, 423, 513. q 1193. State Electricity Commission-Yallourn "C" power Hospital-Sub§titUli6Jl of blood samples at Ballarat station: Payments for redeployment of employees, Base, 835. q 254. Petition-Week-end trading hours, 41. Teaching Service Conciliation and Arbitration Commission-Role of principals, q 909. Point of Order-Reflection on decision of House, Tobacco Industry-Research funding, 1350 1104. Trustee (Amendment) Bill (No. 2), 1463. Trading Hours-Week-end, 41. Universities- Deakin-Council, 1548, 1779, 1780. Monash-Council, 1548, 1779, 1780. Geelong-Threat to water supply, q 473. Survey in Geelong West electorate, 654. Victoria-Promotion by Premier, q 318. Victorian Institute of Secondary Education-Coun­ Geriatric Services-Grace McKellar House, Geelong, cil, 1548, 1779, 1780. Higher school certificate 1666, 1669. Nursing home accommodation, examination, 1667. q 1670. Victorian Public Service Association-Stop-work Government-Advertising: Cost of television cam­ meeting, q 1004. paign, q 33; costs incurred by former Govern­ Victorian Teachers Union-Special education units, ment, 58, 61. Media unit staff salaries, 1173, 1178. q 1353. Want-of-confidence motion, 1569, 1712. (See also

Want-of-Confidence Motion-In Minister of Health, "Economy, The" 7 "Ministry, The", "State 622. Finance" and "Taxation".) (I 8) INDEX

Government Departments and Instrumentalities­ Hann, Mr E. J.-continued Asbestos in Government buildings, q 907. Attire Dairy Industry Bill, 186, 283. 285, 287, 288, 289, for departmental heads, q 1671. Use of word 290, 291. 292, 293. 294, 296, 297. 299, 300. 303, "Christian" on forms, 1772, 1776. 304,305,308,310,1757,1758,1759,1760,1762, 1880. Grain Elevators Board-Report of Canac Consultants Deakin University (Amendment) Bill, 351. Ltd. 1142. Education- Department-Publications, q 1269. Gray, Mr D. J. F. (Syndal) General-Teaching Service Conciliation and Arbi- Alcoa of Australia Ltd-Portland smelter joint ven­ tration Commission, q 909. ture, q 470. Schools. High-Staffing, q 1565. Ferntree Gully, Environment Protection Authority-Litter reduc- q 1671. tion programme, 1006. Schools. Technical-Benalla, q 148. Litter Reduction Programme, 1006. Special Education-Transfer of personnel, q 255. Ministry, The-Premier's overseas visit, q 470. Units, q 1353. Petitions-Recycling and conserving of resources, Education (Amendment) Bill (No. 2), 1848, 1852, 1006. ··R" and ··X"-rated video cassettes, 1007. 1855. Pornography-Ban on ·'R" and ··X"-rated video Films (Classification) Bill, 1790. cassettes, 1007. Fundraising Appeals Bill, 1015. Subordinate Legislation (Review and Revocation) Health-Tuberculosis, q 1191. Bill, 1871. Hospitals-Queen Victoria Medical Centre, 162. Victoria-I 50th anni versary celebrations, q 1498. Preston and N orthcote Community, q 319. Video Cassettes-Ban on ··R" and ··X"-rated, 1007. McClelland report, q 618. Workers Compensation-Cooney inquiry, q 687. Infertility (Medical Procedures) Bill (No. 2), 1842, 1845, 1848. Liquor Control (Amendment) Bill (No. 2), 1419. Grievance Day-Suspension of Standing Order, 1571. Ministerial Statement-Government's achieve- Curtailing of debate, 1684. ments for women, 1659. Grievances, 622, 1116, 1677. Monash University (Amendment) Bill, 348. Petition-Liquor Control Act, 1456. H Point of Order-Tabling of quoted document, 1852. Pornography-On video cassettes, q 35. Handicapped Persons-Eastern Suburbs Co-operative Post-Secondary Education (Practical Placements) Trading Society of Disabled and Disadvantaged Bill, 1605, 1606. Workers, 1128. Facilities at Springview Primary Public Holiday (I 50th Anniversary) Bill, 1543. School, 1345, 1349. Multipurpose taxi scheme, q 1354. Recreational activities, q 1504. Monkami Road Vehicles-Agricultural motor cycles, q 405, Centre for the Mentally Handicapped, 1684. (See q 1499. also "Education-Schools. Special" and "Stu­ Teaching Service Conciliation and Arbitration dents", "Mental Health-General' and "Metro­ Commission-Role of principals, q 909. politan Transit Authority-Taxis".) Trading Hours-For alcoholic liquor, 1456. Transfer of Land (Amendment) Bill (No. 2), 1884. Victorian Dairy Industry Authority-Sale of milk, Hann, Mr E. J. (Rodney) 1112. Abortion-At Preston and Northcote Community Victorian Teachers Union-Special education units, Hospital, q 319. q 1353. ' Adoption Bill (No. 2), 504, 510. Video Cassettes-Availability of classified material, q35. Appropriation (1984-85, No. I) Bill, 987,1021,1024, 1039, 1043, 1045, 1058, 1060, 1063, 1067, 1069, Withers, R. G., Pty Ltd, q 1002. 1084, 1087. Women-Government's achievements, 1659. Children (Guardianship and Custody) Bill, 504, 510. Woodruff's Dairies Pty Ltd, q 1002. Constitution Act Amendment (Electoral Legisla­ tion) Bill, The, 1172. "Hansard"-Daily, 116. Incorporation of material, Dairy Industry-Milk: Zoning, q 1002; interstate 1628. sales, 1112. LEGISLATIVE ASSEMBLY (19)

Harrowfield, Mr J. D. (Mitcham) Hill, Mr L. J. (Warrandyte) Appropriation ( 1984-85, No. I) Bill, 735. Children-Mooroolbark Pre-school Centre, 547. Employment and Training-Unemployment statis­ Community Welfare Services-Wards of State, tics. q 1566. q 1568. Roods-In Melbourne suburbs, q 542. Education-Land for Croydon youth facility, 1348. Handicapped Persons-Multipurpose taxi scheme, School councils, q 1355. q 1354. Melbourne-Financial centre, q 319. Metropolitan Transit Authority-Taxis for disabled Petitions-Mooroolbark Pre-school Centre, 547. persons, q 1354. Police Force increase, 691. National Mortgage Market Corporation-Partici­ Police Department-Increase in numbers, 691. pants. q 257. State Emergency Service-Rescue of students at Petition-Liquor Control Act, 406. Marysville, q 1673. Point of Order~Matter responsibility of House Youth-Site for Croydon youth facility, 1348. Committee, 659. State Emergency Service-Roods in Melbourne suburbs, q 542. Hockley, Mr G. S. (Bentleigh) Trading Hours-For alcoholic liquor, 406. Unemployment-Statistics, q 1566. Handicapped Persons-Recreational activities, q 1504. Litter Reduction Programme, 153. Hassert, Mr D. L. (Dromana) Pensioners-Travel concessions, q 686. Adoption Bill (No. 2), 375. Petitions-Litter reduction programme, 153. Liquor 'Children-Out-of-school services, q 322. Control Act, 1198. Children (Guardianship and Custody) Bill, 375. State Transport Authority-Pensioners' travel Economy, The-Interest rates, q 1452. concessions, q 686. Housing-Purchases by Ministry of Housing, 1173. Trading Hours-For alcoholic liquor, 1198. Petitions-Relocation of Prince Henry's Hospital, Unemployment-Statistics, q 147. 153,1198. Liquor Control Act, 914. Youth, Sport and Recreation-Recreational activi­ Prince Henry's Hospital, 153, 1198. ties for the disabled, q 1504. Trading Hours-For alcoholic liquor, 914.

Health- Commission-Pre-school regulations, 612, 613. Sur­ Holidaymakers Pty Ltd, 536, 538. vey of waiting lists for surgery, q 618. Werribee Horse Racing (See "Racing-Horse".) and District Community Health Services, q 758. Hospital Employees Federation of Australia-Dis­ Diseases-Tuberculosis, q 1191. AIDS, 1446, 1449. putes, q 254, 397, 398, q 545, q 617, q 689. Drugs-Use in public hospitals, 1892, 1894. Hospitals-Queen Victoria Medical Centre: Actions General-Natural therapists, 72, 691. Haemodi- of Builders Labourers Federation, q 32; responsi­ alysis machine, 141, 145. Capital works pro­ bilities of Mr B. Pullman, q 34; responsibilities of gramme, q 150. Services in south-east Melbourne, Ms R. Dight and Miss E. Maddison, q 37; reloca­ 396,397. Expenditure,q 762. Fitness centres, 1147, tion project, q 65, 154, q 406, q 1785. Prince Hen­ 1690. Rat bait, 1261, 1266. Community health ry's, 41, 72, 153, 154,263,396,397,407,477,478, centres: Werribee and District, q 758; Broad­ 621, 992,997,q 1195, 1198. Waitinglistsforsurgery, meadows, q 1456; Yarrawonga, q 1503. Medicare q 152, q 618. Preston and Northcote Community, system, q 1675. Occupational health and safety, q 319. Charges, q 473, q 474. Royal Victorian Eye 1775,1778. and Ear, q 545, q 617. McClelland report, q 618, q 1674. Staffing, 626. Birregurra and District, 674. Hill, Mrs J. M. (Frankston) Industrial disputes, q 689, q 1782. Substitution of Community Welfare Services-Allambie Reception blood samples at Ballarat Base, q 757, 835, 839. Centre, q 1273. Gippsland Base, q 842. Equipment programme, Medical Services-School Medical Service, q 321. q 1196. Essendon and District Memorial, 1570. Petition-Liquor Control Act, 1198. Medicare system, q 1675. Drug usage, 1892, 1894. Trading Hours-For alcoholic liquor, 1198. Wangaratta District Base pathology unit, 1893, 1895. (20) INDEX

Hotels (See "Liquor Control Commission".) Ihlein, Mr G. R.-continued House Builders' Liability-Complaints and reports. Unemployment-In public sector, 1176. 632. Report. q 1785. Wine Industry-Licence fee, q 40. Housing- Estates-Improvements. q 259. Goonawarra, q 1003. Industrial Affairs-Liaison officers, q 34, q 37. Aus­ Bel Air Country Club, 1123. Tenants' association. tralian Bureau of Statistics figures on industrial 168~ 1686. 1772, 1776. disputes, q 1004. Hospital disputes, q 1782. General-Commonwealth-State agreement, q 258. Industry, Commerce and Technology-Film and tele­ Statement by Mayor of Prahran, 534. House vision industry, q 67. Regional assistance pro­ builders' liability, 632, q 1785. Rental market, grammes, q 68, q 1353. Industrial accidents, q 687. Building approvals, q 1194. Bush-fire q 151. Heavy engineering sector, q 320. Govern­ resistant houses, q 1672. ment initiatives, q 544. Decentralization incen­ HOllses and Units-Granny flat accommodation, tives, 660. Employment in manufacturing sector, 140.144.Single-entryflats, 750. 755. Lending pro­ q 761. Promotion ofYarra Valley, 833, 838. Gov­ gramme, q 1195. Accommodation programme, ernment investment in Silenus group, q 1270. State q 1272, q 1452. and regional industries programme, q 1353. Box Land and Properties-Vacant Government-owned Hill Arcade Traders, 1677. Ringwood Market properties, 197.201. Sales by Urban Land Auth­ Traders Association, 1682. (See also .. Appren­ ority. q 476. Toorak project, 534. 539, 648. Pur­ tices" and "Labour and Industry, Department of'.) chases by Ministry, q 1110. q 1111, 1116, 1120, Insurance-Compulsory third-party for motor vehi­ 1173. 1178. q 1500. q 150 I. cles, 314, 317. Aood, 625. (See also "State Insur­ Ministt:v-House and land purchases, q lIlO, q 1111, ance Office".) 1116. 1120, 1173, 1178, q 1500, q 1501. (See also "House Builders' Liability".) International Youth Year, q 843, 1692. "In Vitro" Fertilization. 264, 763, 1505. J

Jasper, Mr K. S. (Murray Valley) Ihlein. Mr G. R. (Sandringham) Adoption Bill (No. 2), 377. Conservation. Forests and Lands-High plains cat­ tle grazing, 621. Alcoa of Australia Ltd-Portland smelter: Union dispute, q 684;joint venture, q 1005. Employment and Training-Unemployment in public sector, 1176. Appropriation (1984-85, No. I) Bill, 730, 1025, 1038. Environment Protection Authority-Industrial pol­ Builders Labourers Federation-Portland smelter, lution.72. q 684. Hospitals-Relocation of Prince Henry's, 72,478. Building and Construction Industry-Regulations, Industry, Commerce and Technology-Promotion 632. ofYarra Valley, 833. Buller, R. L., and Son Pty Ltd-Licence fee for wild­ Natural Resources and Environment Committee­ life park, 394. Report presented: Beverage container deposit Children (Guardianship and Custody) Bill, 377. legislation, 347. Corrections, Office of-Beechworth Training Prison, Nieuwenhuizen Inquiry-Proposals re occupational 195. taxation, q 616. Country Fire Authority-Fire-fighting equipment, Petitions-Relocation of Prince Henry's Hospital, 1664. 72,478. Industrial pollution, 72. High plains cattle Education-Residences for principals in country grazing, 621. areas, 750. Library for Numurkah High School, Points of Order-Statement in debate, 657. Tabling 993. Participation and equity programme, 1773. of quoted document, 658. Offensive remark, 659. Employment and Training-Leasing ofWangaratta Public Bodies Review Committee-Small Business property, 835. Development Corporation, q 1504. Fisheries and Wildlife Service-Rutherglen winery Small Business Development Corporation­ wildlife park, 394. Recommendations of Public Bodies Review Grievances, 632, 1121. Committee, q 1504. Health-Yarrawonga Community Health Centre, Taxation-Nieuwenhuizen inquiry, q 616. q 1503. Tourism-Promotion ofYarra Valley, 833. Holidaymakers Pty Ltd, 536. LEGISLATIVE ASSEMBLY (21)

Jasper, Mr K. S.-continued Jolly, Mr R. A.-continued Housing-House builders' liability, 632, q 1785. Annual Reporting Act-Reports to Parliament, Industrial Relations (Amendment) Bill (No. 2), 1339, q 686, q 761, q844, q 1452, 1668. 134 I. 1392. 1402. Appropriation (1984-85, No. 1) Bill, 479, 1092. Industrial Relations (Long Service Leave) Bill, 599, Audit (Amendment) Bill, 765, 871, 1301. 603.606. Budget-For 1984-85: Priorities, q 401; estimates of Liquor Control (Amendment) Bill (No. 2), 429, 1221, Government's interest liabilities, q 404; Debate, 1413. 1417. 1420. 1423. 1426, 1428,1429,1431, 479, 1092; workers compensation allocation, 1435. 1436. 1742. q 1191,q 1I93,q 1194,q 1195. Local Government Act-House builders' liability, Builders Labourers Federation, q 68. 632. q 1785. Building and Construction Industry-Approvals, Lysale Pty Ltd. 835. q 1194. Motor Car (Insurance Surcharge) Bill, 1250, 1251, Commonwealth-State Relations-Tax-sharing 1253. arrangements, q 1783. Petroleum Products-Petrol pricing, q 39, 1121, Deloitte, Haskins and Sells-Economic strategy, q 1195. q 1453. Points of Order-Relevancy of remarks, 606, 1436. Economy, The-Government policies, q 38. Interest Answer to question not to be debated, 1195. rates, q 1452. Strategy, q 1453, q 1454. Premier-Overseas visit, q 475. Employment and Training-Unemployment statis­ Public Holiday, (150th Anniversary) Bill, 1542. tics, q 148, 1566. Public Service-Holidays, q 404. Freedom of Information Act-Information on Public Works- Department-Leasing of Wangaratta superannuation benefits, 838. property, 835. Gas and Fuel Corporation-Charges, q 256. Road Vehicles-Registration renewals, 1265. Government-Cost of television campaign, q 33. Senior Citizens Week-Free public transport, 609. Want-of-confidence motion, 1732. Stamps (Amendment) Bill (No. 2), 1257. Housing-Building approvals, q 1194. State Finance-Overseas borrowings, q 841. Industry, Commerce and Technology-Heavy engi­ State Transport Authority-Cobram-Melbourne rail neering sector, q 320. service, 60. Super saver fares, 143. Land Tax (Amendment) Bill (No. 2), 692, 831,1296, Albury-Wodonga to Mildura bus service, 536. Free 1298. public transport for Senior Citizens Week, 609. Lotteries Gaming and Betting (Amendment) Bill (No. Subordinate Legislation (Review and Revocation) 2), 1008, 1155, 1484. Bill. 1869, 1872. Management and Budget, Department of-Exchange Superannuation (Refund of Contributions) Bill, 1743. rate movements, q 320. Government's interest lia­ Tobacco Industry-Research funding, 1349. bilities, q 404. State Development Account, q 542, Trading Hours-Report of Ministerial Advisory q 616. Return on Government investments, Committee on Shop Trading Hours, q 261. q 1000. Advice on State Insurance Office, q 1499, Wangaratta District Base Hospital, 1893. q 1564, q 1566, 1639. Melbourne-Financial centre, q 319, q 545. Melbourne Cricket Ground (Guarantees) Bill, 764, Joint Sittings of ParIiament-Deakin University, 1548, 870, 1334, 1336, 1337. 1571,1738. 1779. Monash University, 1548, 1571, Ministry, The-Annual reports to Parliament, q 686, 1738, 1779. Victorian Institute of Secondary Edu­ q 761, q 844. cation, 1548, 1571, 1738, 1779. Monahan Dayman Adams (Vie.) Pty Lld-Eco­ nomic strategy, q 1454. Jolly, Mr R. A. (Dandenong) Municipalities-Oakleigh council inquiry, 1109. Alcoa of Australia Lld-Portland smelter: Joint ven­ National Mortgage Market Corporation-Partici­ ture, q 147, q 319, q 323, q 40 1, q 402; electricity pants, q 257. tariftf, 200, q 320; future, q 255; legal advice, Ombudsman-Information on superannuation q 1451, q 1502. benefits, 838. Alcoa (Portland Aluminium Smelter) (Amendment) Parliamentary Contributory Superannuation Fund­ Bill,780. Trustees' report for 1983-84, 1358. Aluminium Smelters of Victoria Pty Ltd-Appoint­ Pay-roll Tax (Amendment) Bill (No. 3), 692, 916, ment of managing director, q 256. 1306. (22) INDEX

Jolly, Mr R. A.-continued Jolly, Mr R. A.-continued Penalties and Sentences (Amendment) Bill (No. 2), q 1503, q 1504, q 1567, q 1672~ Licensing of pri­ 882. vate insurer, q 1569. State Insurance Office reports Personal Explanation-State Insurance Office, 1639. and accounts, q 1674. Petroleum Products-Petrol pricing, q 39. Point of Order-Call by Chair, 1729. Jon~ Mr Waiter (Hawthorn) Queen Victoria Medical Centre, q 65, 160. Alcoa of Australia Ltd-Portland smelter, q 1502. Road Vehicles-Government rebate, q 65. Appropriation (1984-85, No. 1) Bill, 884. Stamps (Amendment) Bill (No. 2), 692, 830, 1260, Christmas Felicitations, 1890. 1280, 1281, 128~ 1284, 128~ 1286, 1287. State Bank-Sale of equity in Tricontinental Cor­ Community Welfare Services-Statement by Min- poration Ltd, 539. Performance, q 1003. ister, q 1565. State Bank (Amendment) Bill (No. 3), 50, 52. Deakin University (Amendment) Bill, 351, 352. State Electricity Commission-Charges: To Alcoa Education- of Australia Ltd, 200, q 320; increases, q 256. Department-Transfer of staff to Rialto building, Insurance exchange rates, q 320. q 1004. State Electricity Commission (Coal Corporation of Finance-For non-Government schools, q 619. Victoria) Bill, 1155. General-Regional boards, q 404. Federal Govern- State Finance-Taxes and charges, q 258, q 259, ment pamphlet, q 1781. q 262. Interest liabilities, q 404. State Develop­ Schools. Primary-Bayswater South, 763. ment Account, q 542, q 616, q 1268. Borrowings, Schools. Technical-Benalla, 672. Knox, 763. q 841. q 1112. Return on Government investments, Teachers-Victorian Teachers Union, q 151. q 1000. State Insurance Office-Workers compensation Education (Amendment) Bill (No. 2), 1608, 1853, funding basis, q 1191, q 1193, q 1194, q 1195, 1855. q 1268, q 1269, q 1270, q 1271, q 1273, q 1451, Electoral-Seat of Morwell vacancy, 14. q 1497, q 1503, q 1504, q 1569, q 1672. Solvency Environment Council-Appointment of honour­ and viability, 1363. Reports and accounts, q 1452, able member for Morwell, 14. q 1674. Advice from Department of Management Liquor Control (Booth Licences) Bill (No. 2), 104. and Budget, q 1499, q 1503, q 1504, q 1564, q 1566, Medical Services-For students at Knox technical 1639. Legal advice, q 1502, q 1567. Services, and Bayswater South primary schools, 763. q 1784. Melbourne Cricket Ground (Guarantees) Bill, 1333, State Superannuation Board-Information on bene­ 1335. fits, 838. Members-Seat of Morwell vacancy, 14. Superannuation (Refund of Contributions) Bill, 1507, 1573,1744. Ministry, The-Statement by Minister for Com- munity Welfare Services, q 1565. Taxation-Wine licence fee, q 40. Increases, q 258, q 259, q 262. Receipts, q 842. Financial institu­ Monash University (Amendment) Bill, 347, 349, 350. tions duty review panel, q 1455. Common­ Parliament-Services of officers, 1890. wealth-State relations, q 1783. Petition-Medical care at Knox technical and 8ays- Tricontinental Corporation Ltd, 539. water South primary schools, 763. Trustee Companies Bill, 1573, 1765, 1766, 1767, Point of Order-Role of Speaker in debate, 20. 1768,1770. Post-Secondary Education (Practical Placements) Unemployment-Statistics, q 148, q 1566. BiII,1604. Victoria-Promotion by Premier, q 403. Public Works Department-Public Service accom­ Victorian Development Fund-Results, q 257. State modation in Rialto building, q 1004. Development Account, q 541, q 616, q 1268. State Insurance Office-Legal advice, q 1502. Want-of-Confidence Motion-In Government, 1732. Victorian Public Service Association-Stop-work Wine Industry-Licence fee, q 40. meeting involving Education Department, q 1004. Workers Compensation-Cooney inquiry, 676, q 687. Supplementation fund, q 690. Funding basis, q 1191, q 1193, q 1194, q 1195, q 1268, Jurors-Selection, 141, 144. q 1269, q 1270, q 1271, q 1273, q 1451, q 1491., Justices ofthe Peace-For Benalla, 407. LEGISLATIVE ASSEMBLY (23)

K Kennett, Mr J. G. (Burwood) Alcoa of Australia Ltd-Portland smelter: Minister­ Kempton, Mr A. K. (Warrnambool) ial statement, 80; joint venture, q 147, q 319, q 402; Adoption Bill (No. 2), 508, 512. future, q 255; union dispute, q 541; proposed dec­ A1coa (Portland Aluminium Smelter) (Amendment) laration as vital project, q 1190. Bill. 773. Alcoa (Portland Aluminium Smelter) (Amendment) Apprentices-Training centre for Warrnambool, Bill, 173, 766, 1201. 1175. Appropriation (1984-85, No. I) Bill, 967,1092. Appropriation (1984-85, No. I) Bill, 814,1036,1047, Budget-For 1984-85,967, 1092; workers compen­ 1052. 1056, 1064, 1069, 1088, 1097, 1100. sation allocation, q 1192, q 1195. Children (Guardianship and Custody) BiIJ, 508, 512. Builders Labourers Federation-Payment for time Dairy Industry Bill, 272. not worked, q 68. Charges against members, 622. Dangerous Goods (Road Transport) Bill, 1586, 1595, Government action, q 682. Deregistration, q 757, 1597.1599,1600,1602. q 841, q 843. Industrial disputes, 834. Bans on Education-Warrnambool Technical School, 313. projects, q 842, q 913. Excursion costs for country students, 537. Vic­ Christmas Felicitations, 1886. torian Mobile Area Resource Centre Service, 1107. Conservation, Forests and Lands-High plains cat­ Employment and Training-Apprentices at Warr­ tle grazing, 71. nambool, 1175. Constitution Act Amendment (Donations and Elec­ Industrial Relations (Long Service Leave) Bill, 605, toral Expenditure) Bill, The, 1628, 1629. 606, 607, 608. Constitution Act Amendment (Electoral Legisla- tion) Bill, The, 1166. . Livestock-Prosecution of owners of uncontrolled stock in public places, 450. Constitution (Council Vacancies) Bill, 1532. Constitution (Duration of Parliament) Bill (No. 2), Local Government Department-Uncontrolled 496. stock in public places, 450. Corrections, Office of-Early release scheme, 1347. Magistrates' Courts (Appointment of Magistrates) Bill,118. Costigan Royal Commission-Ministerial state­ ment,1704. Penalties and Sentences (Amendment) Bill (No. 2), Deaths-Hon. J. J. Sheehan, 28. E. E. Bond, Esq., 1875. 31. Prime Minister of India, 1620, 1622. Point of Order-Matter raised in debate on motion Employment and Training-Employment: Growth, for adjournment of sitting should relate to Gov­ q 910; expenditure on new job opportunities, ernment administration, 448. q 912. Unemployment: Concessions for unem­ Racing (Amendment) Bill (No. 2), 1529. ployed, 394; statistics, q 906. Stamps (Amendment) Bill (No. 2), 1259, 1286, 1287. Government-Advertising costs incurred by former State Emergency Service-At Euroa, 996. Government, 58. Want-of-confidence motion, Trading Hours-In Dunkeld, 194. 1569,1712. Grievances, 622, 1135. Liquor Control (Amendment) Bill (No. 2), 1420. Kennedy, Mr A. D. (Bendigo) Liquor Control (Booth Licences) Bill (No. 2), 100. Bendigo-Chinese museum, 393. Performing arts Management and Budget, Department of-Advice centre, 892. on State Insurance Office, q 1499, q 1566, q 1670. Castlemaine-Development, 447. Melbourne Cricket Ground-Cost of police in light Country Fire Authority-Political independence, towers dispute, q 38. q 1454. Members-Retirement of honourable members for Gas and Fuel Corporation-Charges, q 36. Broadmeadows, Prahran, Hawthorn, Portland, Liquor Control Act, 342. Brighton, Polwarth, Midlands and Wantirna, 1886. Petition-Liquor Control Act, 342. Ministerial Statements-Portland aluminium State Electricity Commission-Charges, q 36. smelter project, 80. Federated Ship Painters and Dockers Union of Australia: Royal Commission, State Transport Authority-Excursion costs for 1704. country st"dents, 537. Pensioners-Assets test legislation, 1135. Tourism-Chinese museum in Bendigo, 393. Petitions-High plains cattle grazing, 71. Liquor Trading Hours-For alcoholic liquor, 342. Control Act, 262, 342, 846. Therapeutic Goods and Cosmetics Bill, 263. (24) INDEX

Kennett, Mr J. G.-continued 1683. Reflection on decision of House. 1684. Mis­ Points of Order-Question not to be hypothetical, representation by member, 1686. Call by Chair, 322. Question not to seek an opinion, 543. Answer 1729. to question not to be debated, 685, 760, 843, 1271. Reference to Premier, 973. Reflection on Chair, Koalas-On Phillip Island, 993, 998. 1193. 1194. Reference to future legislation, 1775. Police Department-Melbourne Cricket Ground light towers dispute, q 38. L Public Holiday-For 31 December 1984, 1262. Labor Party (See "Australian Labor Party".) Public Holiday (15Oth Anniversary) Bill, 1262, 1532, 1546. Labour and Industry, Department of-Week-end trad­ South Yarra Project Bill. 1548. ing, q 403, q 759. Shop inspectors, 634. Inspection of boilers and pressure vessels, 638. Trading hours State Finance-Taxes and charges, q 258, q 262, during festivals, 891, 895, 994, 998. (See also q 476. State debt, q 912. "Apprentices", "Industry, Commerce and Tech­ State Insurance Office-Workers compensation nology" and "Employment and Training".) funding basis. q 1192, q 1195. q 1268, q 1270, q 1271, q 1352. q 1451. q 1497. Solvency and Latrobe Valley Trade Training Centre, 609, 613. viability. 1358. Advice' from Department of Man­ Latrobe Valley Women's Community Advancement Co­ agement and Budget. q 1499, q 1566. q 1670. operative Ltd, 892, 898. Taxation-Increases. q 258. q 262. q 476. Law Courts-Selection of jurors, 141, 144. Report of Therapeutic Goods and Cosmetics Bill, 263. judges of Supreme Court, 1007. Sentencing statis­ Trading Hours-For alcoholic liquor. 262, 342, 846. tics for higher criminal courts, 1506. Retail. 1135. Law Department-Case of Peter John Lawless, 263. Universities-Deakin. 1779. Monash, 1779. Court costs, 1445, 1449. Victorian Institute of Secondary Education-Coun­ cil.I779. Legal and Constitutional Committee-Reports pre­ sented: Subordinate Legislation (Deregulation) Bill, Want-of-Confidence Motion-In Government, 1569, and remedies, 1786. 1712. 621; overseas court delays Hours of meeting, 1507. Workers Compensation-Funding basis. q 1192, q 1195. q 1268. q 1270. q 1271. q 1352, q 1451, q 1497. Leigh, Mr G. G. (Malvern) Appropriation (1984-85, No. 1) Bill, 796, 1033, 1086, 1093. Australian Labor Party-Donation to Frankston councillor, 1774. Kirkwood, Mr. C. W. D. (Preston) Electoral-Use of electorate offices, 447, 657. Cemeteries-New sites. q 1503. Environment Protection Authority-Litter reduc- Community Welfare Services-Youth services, tion programme, 72. q 844. Frankston-Donation to councillor, 1774. Employment and Training-Skills training pro­ Grievances, 657, 1694. gramme, q 261. Industrial Relations (Amendment) Bill (No. 2), 1398, Land-For cemeteries, q 1503. 1400. Mortuary Industry and Cemeteries Administration Labour and Industry, Department of-Trading hours Committee-Report presented: Third report, 1786. during festivals, 891, 994. Petition-Liquor Control Act, 914. Land Tax (Amendment) Bill (No. 2), 1290, 1297, Trading Hours-For alcoholic liquor, 914. 1299. Rulings and Statements as Acting Chairman of Liquor Control (Amendment) Bill (No. 2), 1231, Committees- 1414, 1417, 1418, 1423, 1424. Debate-Relevancy of remarks, 605, 1378, 1393. Litter Reduction Programme, 72. Unparliamentary remark, 1148. Proposed amend­ Metropolitan Transit Authority-Advertising cam­ ments must be handed to Chair, 1412. paign, q 688. High Street railway crossing, Glen Rulings and Statements as Acting Speaker­ Iris, 1348. Debate-Interjections, 1259, 1685, 1728. Unparlia­ OakJeigh-Council inquiry, 1108, q 1112, 1663, 1694. mentary remark, 1679. Audible conversation, Neighbourhood Watch Schel1¥, 1447. LEGISLATIVE ASSEMBLY (25)

Leigh, Mr G. G.-continued Lieberman. Mr L. S.-continued Petitions-Psychologists Bill, 71. Therapeutic Goods Victorian Eye and Ear, q 545, q 617. Industrial and Cosmetics Bill, 71. Liquor Control Act, 72. disputes, q 689, q 1782. Prince Henry's. q 1195. Litter reduction programme, 72. Week-end trad­ Essendon and District Memorial. 1570. ing at festivals, 691. Industrial Affairs-Hospital disputes, q 1782. Points of Order-Relevancy of remarks, 1176. Infertility (Medical Procedures) Bill. 1390, 1807, Offensive remarks, 659, 1425. Rule of sub judice, 1833,1839, 1841, 1845. 1894. In Vitro Fertilization, 1505. Police Department-Equipping unmarked police Liquor Control (Amendment) Bill (No. 2). 1418. vehicles with sirens, 311. Assignment of duties, q 1355. Neighbourhood Watch scheme, 1447. Medical Practitioners (Further Amendment) Bill, Public statements by officers, 1487. 1380. Psychologists Bill, 71. Medical Services-In vitro fertilization, 1505. Richmond-Council inquiry, 1892. Mental Health-Grant to Victorian Mental Health Road Construction Authority-C3 arterial road, Association, 752. 1173. Ministry, The-Motion of want of confidence in Road Traffic Authority-Fairway system, 60, 608. Minister of Health, 622,847. Proposed road safety day, 1261. Petitions-Dangerous prisoners at Beechworth Road Vehicles-Licence endorsement for automatic Training Prison, 41. Psychologists Bill, 478. 1273. cars, 749. Therapeutic Goods and Cosmetics Bill. 478, 1214. South Yarra Project Bill, 1510. In vitro fertilization, 1505. Essendon and District Therapeutic Goods and Cosmetics Bill, 71. Memorial Hospital, 1510. Trading Hours-For alcoholic liquor, 72. For car­ Pipelines (Permits) Bill, 56, 115. nivals at week-ends, 691. During festivals, 891, Points of Order-Inaudibility, 166. Carriage of 994. motion, 169. Unparliamentary expression, 541. Victorian Motor Schools Association-Licence Terms of want-of -confidence motion limited, 849, endorsement for automatic cars, 749. 850. Call by Chair, 860, 1373. Question not to be debated, 1191,1615. Leo Cussen Institute for Continuing Legal Educa­ Psychologists Bill, 418, 1213. tion-Report presented: For 1983, 1570. South Yarra Project Bill, 1509. State Electricity Commission-Insurance exchange Liberal Party-Campaign letter, 636. Leaking of in for­ rates. q 320. mation, 1149. Alleged infiltration by Australian State Electricity Commission (Coal Corporation of League of Rights, 1686. 1691. Victoria) Bill, 1514. Therapeutic Goods and Cosmetics Bill, 478, 1214. Lieberman. Mr L. S. (Benambra) Want-of-Confidence Motion-In Minister of Health, Appropriation (1984-85. No. I) Bill, 960, 1104. 622,847. Business of the House-Refusal of leave to move censure motion. 621. Liquor Control Act-Proposed amendments, 42. 72, Chinatown Historic Precinct Bill, 1879. 153,262, 342, 406, 418, 621, 691, 163, 846, 914, Corrections. Office of-Beechworth Training Prison, 1006, 1115, 1198, 1358, 1456, 1505. 1510, q 1640, 41. 1676. Extractive Industries (Amendment) Bill, 1511. Liquor Control Commission (See "Trading Hours".) Fisheries (Reciprocal Licences) Bill, 1877. Health-Expenditure, q 762. Litter Reduction Programme, 42, 11, 72, 153,841, 1006. Health (General Amendment) Bill, 925. 940, 941, Livestock-Uncontrolled stock in public places, 450, 942, 945, 1878. 451. Health (Radiation Safety) Bill, 1877. Local Government Act-House builders' liability, 632, Health (Radiation Safety) Bill (No. 2), 811. q 1185. Hospital Employees Federation of Australia-Dis­ Local Government Department (See "Muni­ pute at Royal Victorian Eye and Ear Hospital, cipalities".) q 545, q 617. Industrial disputes, q 689. Hospitals-Waiting lists, q 152. Queen Victoria Locust Plague, 1489. Medical Centre, 154, q 406. Charges, q 473. Royal Lysale Pty Ltd, 835, 840. (26) INDEX

M McGrath, Mr W. D.-continued Chinatown Historic Precinct Bill, 953. McCutcheon, Mr Andrew (St Kilda) Dangerous Goods (Road Transport) Bill, 1582, 1594, Alcoa of Australia Ltd-Portland smelter, q 1451. 1599. Economy, The-Government policies, q 38. Decentralization-Incentives, 660. Environment Protection Authority-Litter reduc- Education-Accommodation for country tertiary tion programme, 42. students, q 546. High school staffing, q 1569. Grievances, 1144. Fire Authorities Bill, 1407, 1410. Housing-Lending programme, q 1195. Football-Proposed national league, q 402. Litter Reduction Programme, 42. Grain Elevators Board-Report of Canac Consult­ Metropolitan Transit Authority-Balaclava railway ants Ltd, 1142. station, 195. Grain Industry-Freight rates, 59, q 686. Report of Petition-Litter reduction programme, 42. Canac Consultants Ltd, 1142. Police Department-Drug usage in St Kilda, 1144. Grievances, 660, 1142, 1680. Prostitution-In St Kilda, 1144. Industry, Commerce and Technology-Decentrali- State Bank-Performance, q 1003. zation incentives, 660. State Finance-State debt, q 757. Infertility (Medical Procedures) Bill, 1824. State Insurance Office-Services, q 1784. Liquor Control (Amendment) Bill (No. 2), 1234. Lotteries Gaming and Betting (Gaming Machines) Bill, 1307, 1550. McDonald, Mr M. J. (Evelyn) Melbourne Cricket Ground (Guarantees) Bill, 1332, 1335. Animals-Proposed Keysborough dolphinarium, 1676. Motor Car (Insurance Surcharge) Bill, 1249, 1254. Employment and Training-Commonwealth Motor Car (Licences) Bill, 531. Employment Programme funding, 1347, 1773. National Parks (Further Amendment) Bill, 1321, Environment Protection Authority-Litter reduc­ 1328, 1379. tion programme, 71. Police Department-Picket line at Portland wharf, Fisheries and Wildlife Service-Proposed Keys- q 760. borough dolphinarium, 1676. Portland-Picket line at wharf, q 760. Grievances, 629. Racing-Alleged fixing of horse races, q 69. Report Health-Capital works programme, q 150. of Victorian racing industry working party, 313. Racing (Amendment) Bill (No. 2), 1525, 1529. Industry, Commerce and Technology-Govern- ment investment in Silenus group, q 1270. Royal Family-Proposed visit, q 1114. Kilmore-Handyman service, 1347. Sport-Proposed national tennis centre for Mel- bourne, 196. Proposed national football league, Litter Reduction Programme, 71. q 402. World Veterans Tennis Championships, Nuclear Warfare, 629. 1680. Petitions-Litter reduction programme, 71. Lilydale State Transport Authority-Grain handling rates, rail freight service, 71. Proposed Keysborough q 686. Railway manpower at Donald, 1665, 1680. dolphinarium, 1676. Tourism-World Veterans Tennis Championships, Silenus Companies-Government investment, 1680. q 1270. Victoria-I 50th anniversary celebrations, q 1114. State Transport Authority-Lilydale freight service, Wheat Marketing (Home Consumption Price) Bill, 71. 1749. Youth, Sport and Recreation-Proposed national tennis centre for Melbourne, 196. McGrath, Mr W. D. (Lowan) Youth, Sport and Recreation (State Sports Council) Appropriation (1984-85, No. I) Bill, 743, 1027, 1051, Bill, 110, Ill, 353. 1054,1062. Builders Labourers Federation-Deregistration, 1263. Canac Consultants Ltd-Report on grain transport, McKeUar, Grace, House, Geelong-Appeal, 1666, 1669. 1142. Canned Fruits Marketing (Amendment) Bill, 1747. LEGISLATIVE ASSEMBLY (27)

MeNamara, Mr P. J. (Benalla) Maclellan, Mr R. R. C.-continued Adoption Bill (No. 2), 439. Commercial Arbitration Bill, 1857, 1866, 1867. A1coa (Portland Aluminium Smelter) Bill, 1202. Constitution Act Amendment (Electoral Legisla­ Appropriation (J 984-85, No. l) Bill, 983, 1034. tion) Bill, The, 670, 1170, 1206. A viation-Proposed national museum, q 844. Constitution (Duration of Parliament) Bill (No. 2), Children (Guardianship and Custody) Bill, 439. 496. Commercial Arbitration Bill, 1865, 1866, 1867. Costigan Royal Commission-Tabling of corre­ spondence, q 544, q 615. Ministerial statement, Decentralization-Aid to industries, 41. 1711. Education-Benalla Technical School, q 67, q 152, County Court (Amendment) Bill, 867, 1315. Q 321, Q 474, 651. Grants for non-Government Dairy Industry Bill, 267, 1880. schools, Q 150 I. Employment and Training, Ministry of-Govern­ Dangerous Goods (Road Transport) Bill, 1588. ment grants to organizations, 312. Electoral-Seat of Morwell vacancy, 4. Environment Protection (General Amendment) Bill, Environment Council-Appointment of honour- 1640. able member for Morwell, 4. Grievances, 651. Films (Classification) Bill, 1792. Infertility (Medical Procedures) Bill, 1816, 1838, Financial Institutions Duty-Review panel, q 1455. 1843,1847. Fire Authorities Bill, 1409, 1411. Justices ofthe Peace-For Benalla, 407. Firearms (General Amendment) Bill, 1487. Local Government (Long Service Leave) Bill, 114. Fundraising Appeals Bill, 119, 125, 126, 128, 130, Melbourne Corporation (Election of Council) 133,1015,1016,1017. (Amendment) Bill, 517. Grievance Day-Suspension of Standing Order, Municipalities-Award for service to local govern­ 1572. ment, Q 912. Amalgamation, Q 1453. Grievances, 638. Museums-Site for proposed national aviation Health (General Amendment) Bill, 943. museum, Q 844. Industrial Relations (Amendment) Bill (No. 2), 764, National Parks (Further Amendment) Bill, 847. 1402,1880. Penalties and Sentences (Amendment) Bill (No. 2), Industrial Relations (Long Service Leave) Bill, 602, 1875. 604. Petitions-Aid to decentralized industries, 41. Hon­ Infertility (Medical Procedures) Bill, 1824. orary justices ofthe peace, 407. Labour and Industry, Department of-Inspection of Points of Order-Hypothetical question, 1197. Pro­ boilers and pressure vessels, 638. gression of time, 1870. Law Reform Commission Bill, 785, 788, 1203. Returned Services League-Statement by Mr Rux, Lepl and Constitutional Committee-Hours of ton on Government grants, 312. meeting, 1507. Valuation of Land (Valuations) Bill, 346. Liquor Control (Amendment) Bill (No. 2), 1199, Water Charge Concessions Bill, 1311. 1412. Lotteries Gaming and Betting (Gaming Machines) BiI~ 1274, 1551, 1553, 1554. Magistrates' Courts (Appointment of Magistrates) Maciellan, Mr R. R. C. (Berwick) Bill, 116. Administrative Appeals Tribunal Bill, 667, 933,1466, Members-Seat of Morwell vacancy, 4. 1468,1470. Metropolitan Transit Authority-Deficit for 2), 566, 1279. Adoption Bill (No. 1983-84, q 66. Promised fare reductions, Q 474. Annual Reporting Act-Reports to Parliament, Museum station, 674. Cancellation of services, Q 686, Q 761, q 844. q 759. Free public transport on 31 December 1984, Appropriation (1984-85, No. I) Bill, 973, 1017. q 1356. Industrial bans, 1487. Annual report and Australian Workers Union-West Gate freeway accounts, q 1674. project, Q 323. Ministerial Statement-Federated Ship Painters and Budget-For 1984-85,973, 1017; workers compen­ Dockers Union of Australia: Royal Commission, sation allocation, Q 1194. 1711. Builders Labourers Federation-West Gate freeway Ministry, The-Annual reports to Parliament, q 686, project, q 323. Q 761, q 844. Business of the House-Order, 170. Motor Car (Insurance Surcharge) Bill, 1254. (28) INDEX

Maclellan, Mr R. R. C.-continued Mathews, Mr C. R. T. (Oakleigh) Motor Car (Licences) Bill, 524. Arts, The-State Theatre opening, q 404, q 1271. National Crime Authority (State Provisions) Bill, Performing arts centre in Bendigo, 897. 1985 Mel­ 1796. bourne opera season, q 1499. National Parks (Further Amendment) Bill, 923. Aviation-Proposed national museum, q 844, Newport Power Station-Inspection of boilers and q 1271. pressure vessels, 638. Ballarat Base Hospital-Substitution of blood Penalties and Sentences (Amendment) Bill (No. 2), samples, q 757. 1873, 1876. Conservation, Forests and Lands-Responsibility for Points of Order-Relevancy of remarks, 514, 1092, fire prevention and suppression, q 1000. 1253, 1414, 1571. Question not to be debated, Country Fire Authority-Appointment of chair­ q 908. A vailability of Bills during second reading, man, q 151. Future, 417. Responsibility for fire 922. Offensive remarks, 1357. Tabling of quoted prevention and suppression, q 1000. Political documents, 1786. independence, q 1454. Fire-fighting equipment, Road Construction Authority-West Gate Freeway 1668. project, q 323. Electoral-Seat of Morwell vacancy, 19. South Yarra Project Bill, 1155. Environment Council-Appointment of honour- Stamps (Amendment) Bill (No. 2), 1282, 1284, 1285. able member for Morwell, 19. State Electricity Commission-Newport power sta- Extractive Industries (Amendment) Bill, 765,918. tion,638. Film Industry-Developments, q 67. State Insurance Office-Workers compensation, Films (Classification) Bill, 1796. q 1194, q 1273, q 1504. Legal advice, q 1567. Firearms (General Amendment) Bill, 765,871, 1486. State Transport Authority- 1487. Fares and Freights-Ban on Jet express, 395. Fire Authorities Bill, 765, 1008, 1407, 1410, 1411. General-Early retirement scheme, q 69, q 260. Industry, Commerce and Technology-Film and Licensing of ferry services in Western port Bay, television industry, q 67. 448. Free public transport on 31 December 1984, Members-Seat of Morwell vacancy, 19. q 1356. Annual report and accounts, q 1674. Ministry, The-Censure of Minister for Police and Subordinate Legislation (Review and Revocation) Emergency Services, 417. Bill, 1868, 1871, 1872. Municipalities-Subsidy for Euroa State Emergency Taxation-Financial institutions duty review panel, Service, 998. q 1455. Museums-Proposed national aviation museum, Transfer of Land (Amendment) Bill (No. 2), 1884. q844,q 1271. Trustee (Amendment) Bill (No. 2), 1884. Neighbourhood Watch Scheme, q 688, 1450. Trustee Companies Bill, 1762, 1766, 1767, 1769. Petitions-Liquor Control Act, 763, 914,1198. Unions-Australian Workers Union, q 323. Build- Pipeline (Permits) Bill, 115, 116. ers Labourers Federation, q 323. Federated Ship Police Department- Painters and Dockers Union of Australia, q 544, Crime-Restrictions imposed on investigations, q 615, 1711. q 147. Threat to Geelong water supply, q 473. Water (Miscellaneous Amendments) Bill, 1201. Neighbourhood Watch scheme, q 688,1450. Western port Bay-Licensing offerry services, 448. General-Liaison with media, q 318. Blood sample Workers Compensation-Funding basis, q 1194, substitution at Ballarat Base Hospital, q 757. Port­ q 1273,q 1504,q 1567. land sheep industry dispute, q 760. Survey of viol­ ence in sport, q 1115. Marine search and rescue service, Torquay, 1668. Annual report, 1787. Staff-Recruitment, q 65. Superannuation, q 1194. Assignment of duties, q 1355. Disciplinary Management and Budget, Department of-Exchange arrangements inquiry, q 1498. rate movements, q 320. Government's interest lia­ bilities, q 403. State Development Account bor­ Station-Glen Waverley, 63. rowings, q 541, q 616. Return on Government Portland-Picket line at wharf, q 760. investments, q 1000. Advice on State Insurance Presbyterian Ladies College-Rescue of students at Office, q 1499, q1503, q 1504, q 1564, q 1566, Marysville, q 1673. 1639, q 1670. Public Holiday (I 50th Anniversary) Bill, 1274, 1328, 1544. LEGISLATIVE ASSEMBLY (29)

Mathews, MrC. R. T.-continued Mental Health- Road Traffic-Proposed road safety day, 1266. General-Grant to Victorian Mental Health Asso­ Sheep Industry-Industrial dispute, q 760. ciation, 752, 754. Sport-Violence. q 1115. Hospitals and Centres-St Nicholas, q 475. Mon­ kami, 1683, 1684. (See also "Handicapped State Electricity Commission (Coal Corporation of Persons".) Victoria) Bill. 1008. State Emergency Service-Morale of members, Metropolitan Transit Authority- q 760. At Euroa, 998. Rescue of Presbyterian Ladies Bus Services-Free public transport on 31 Decem­ College students. q 1673. ber 1984, q 1268, q 1356. Television Industry-Developments, q 67. Fares-Concessions: Student, 198, 200, 537, 538; Trading Hours-For alcoholic liquor, 763, 914, 1198. pensioner, q 686. Promised reduction, q 474. Water-Threat to Geelong supply, q 473. Neighbourhood system, 1448, 1449. Water Safety-Marine search and rescue service, General-Fairway system, 60, 62, 608, 612. Adver­ Torquay. 1668. tising campaign, q 688. Deficit for 1983-84, q 66. Wine Industry-Licence fee, 63. Annual report and accounts, q 1674. Level Crossing-High Street, Glen Iris, 1348, 1351. Rail Services-Noble Park railway station under­ Meat Industry (See "Primary Industries-Meat".) pass, 59, 62. Balaclava railway station, 195, 199. Media-Liaison with Police Department, q 318. Gov­ Museum station, 674. Cancellation of services, ernments' unit staff salaries, 1173, 1178. q 759. Industrial bans, 1487, 1489. Medical Services- Taxis-Multipurpose scheme, q 1354. Tram Services-Free transport on 31 December General-Social Development Committee report on 1984, q 1268, q 1356. (See also "State Transport complaint procedures, 43. In vitro fertilization, 264, Authority".) 763. 1505. School Medical Service, q 321. For stu­ dents at Knox Technical School and Bayswater South Primary School, 763. Australian Medical Council, q 1355. Nursing-Disputes, 626. Training, q 758. (See also Micallef, Mr E. J. (Springvale) "Health" and "Mental Health".) Business-Government initiatives, q 544. Consumer Affairs-Product safety, q 405. Medicare-Effect on health system, q 1675. Employment and Training-Occupational health Melbourne-Financial centre, q 319, q 472, q 545. and safety, 1775. Building projects in central business district, Geriatric Services-Nursing home accommodation, q 1001. q 1670. Melbourne and Metropolitan Board of Works-Alleged Health-Occupational health and safety, 1775. misappropriation of petrol at Werribee sewerage Hospitals-Relocation of Queen Victoria Medical farm, 142, 145. Thomson dam, 672, 677, q 683. Centre, q 1185. Burst water main in Lloyd Street, Box Hill, 751, Industrial Relations (Amendment) Bill (No. 2), 1399. 754. Dispute with Templestowe resident, 753, 755. Industry-Government initiatives, q 544. Occupa- (See also "Planning" and "Water".) tional health and safety, 1775. Melbourne Cricket Ground-Cost of police in light Law Department-Court costs, 1445. towers dispute, q 38. Liquor Control Act, 1115. Members-Seat of Morwell vacancy, I. Illness of Petition-Liquor Control Act, 1115. honourable member for Portland, 64. Electorate Royal Society for the Prevention of Cruelty to Ani­ office of honourable member for Syndal, 392, 399. mals-Court costs, 1445. Unparliamentary behaviour of honourable mem­ Trading Hours-For alcoholic liquor, 1115. ber for Monbulk, 660. Alleged misuse of Parlia­ mentary stationery, 663. Contesting Assembly seats, q 1192. Retirement of honourable members for Broadmeadows, Prahran, Hawthorn, Port­ Milk (See "Primary Industries-Dairy".) land, Brighton, Polwarth, Midlands and Wan­ tirna, 1886. (See also "Parliament".) (30) INDEX

Miller, Mr R. H. (Prahran) Motions for tbe Adjournment of tbe House to Enable Ambulance Services-Public Bodies Review Com­ Honourable Members to Discuss Public Ques­ mittee inquiry, 1346. tions-Queen Victoria Medical Centre relocation project, 154. State Insurance Office, 1358. Constitution Act Amendment (Donations and Elec­ toral Expenditure) Bill, The, 1627. Motor Accidents Board-Staff, q 1357. Economy, The-State of, q 33. Stimulation, q 1782. Motor Vehicles (See "Road Vehicles".) Employment and Training-Growth in employ- Municipal Association of Victoria-Subscriptions, 640. ment, q 1782. Municipalities- Grievances, 636. Bendigo-Chinese museum, 393, 400. Health-Services in south-east Melbourne, 396. Castlemaine-Development, 447,452. Housing-Toorak project, 534. Statement by Mayor Euroa-Subsidy for State Emergency Service, 996, ofPrahran, 5~4. Tenants' association, 1772. 998. Law Courts-Selection ofjurors, 141. Frankston-Donation to councillor, 1774, 1776. Liberal Party-Campaign letter, 636. Geelong-Proposed separate coastal shire, 1129. Liquor Control (Amendment) Bill (No. 2), 1415, General-Permits to establish brothels, 42. Restruc- 1421,1424. turing, 323. Uncontrolled stock in public places, Parliament-Privileges of committees, 1346. 450,451. Municipal Association of Victoria, 640. Petition-Relocation of Prince Henry's Hospital, Privilege ofcouncillor's statements, 753, 755. Child 407. care services, q 907. Award for service to local Point of Order-Relevancy of remarks, 1211. government, q 912. Proposed separate coastal shire Prince Henry's Hospital, 396, 407. in South Barwon electorate, 1129. Triennial elec­ Public Bodies Review Committee-Reports pre­ tions, 1151. Amalgamation, q 1453. sented: Ambulance services, 547,1346,1506; water Hamilton-Rates, 1172, 1177. management, 1676. Kilmore-Handyman service, 1347, 1350. State Finance-State Development Account, q 1268. Melbourne (See "Melbourne".) Victoria-I 50th anniversary celebrations, q 1564. Mildura-Freight centre, q 911. Victorian Development Fund-State Development Mornington-Proposed restaurant and aquarium Account, q 1268. complex, 1771, 1778. Oakleigh-Council inquiry, 1108, q 1112, 1663, Mining-Occupiers' liability of miners' right holders, 1668,1694. 59. Richmond-Council inquiry, 1892, 1894. Ministerial Statements-Portland aluminium smelter project, 73. Municipal restructuring, 323. Govern­ Museum-Site for proposed national aviation museum, ment's achievements for women, 1641. Federated q 844, q 1270. Ship Painters and Dockers Union of Australia: Royal Commission, 1696. Ministry, Tbe-Censure of Minister for Police and N Emergency Services, 407. Statements by: Minister of Agriculture, 445, 451; Minister of Consumer National Mortgage Market Corporation-Partici­ Affairs, 1147; Minister for Community Welfare pants, q 257. Services, q 1565. Want-of-confidence motion in National Parks-Logging, 263. Aboriginal cultural Minister of Health, 622, 847. Annual reports to interpretive centre for Grampians, q 1355. Parliament, q 686, q 761, q 844. Overseas trips: By Premier, q 470, q 472, q 475; by Minister of National Party-Alleged infiltration by Australian Labour and Industry, q 1Il3; by Minister for League of Rights, 1686, 1691. Industry, Commerce and Technology, q 1198. Natural Resources and Environment Committee­ Reports presented: Beverage container deposit Miscellaneous Workers Union-Alleged theft, 195, 199. legislation, 347, augmentation of Geelong's water Monaban Dayman Adams (Vie.) Pty Ltd-Economic supply, 1677. strategy, q 1454. Neigbbourhood Watcb Scbeme, q 687,1447, 1450. Mortuary Industry and Cemeteries Administration Newport Power Station (See "State Electricity Com­ Committee-Report presented: Third report, 1786. mission-Newport Power Station".) Mosquito Plague, 1676. LEGISLATIVE ASSEMBLY (31)

Newton, Mr D. R. (Bennettswood) Norris, Mr T. R.-continued Animals-Proposed Keysborough dolphinarium, Trading Hours-For alcoholic liquor, 621, 914,1456. 407, 1570. Universal Life Church, 611. Apprentices-Intake, q 1455. Education-State school system, q 1197. Notice Paper-Corrected copy, 65. Employment and Training-Apprentices, 1455. Nuclear Warfare, 629. Fisheries and Wildlife Service-Proposed Keys- borough dolphinarium, 407, 1570. Nursing (See "Medical Services-Nursing".) Grievances, I 133. o Housing-Sales by Urban Land Authority, q 476. National Parks-Logging, 263. Oil and Gas (See "Energy Resources" and "Petroleum Petitions-Logging in national parks, 263. Proposed Products".) Keysborough dolphinarium, 407, 1570. Olympic Games-Employment for athletes, q 1272. Police Department-Glen Waverley police station, Ombudsman-Information on superannuation bene­ 57. fits, 609, 612, 832, 838. Road Traffic Authority-Rezoning of Healesville freeway reserve, 1133. P Urban Land Authority-Land sales, q 476. Parliament- Youth, Sport and Recreation-International Youth Buildings and Grounds-Access by disabled per­ Year, q 843. sons, 1128. Security, 1148. General-Televising and photographing of proceed­ Nieuwenhuizen Inquiry-Proposals re occupational ings, 401,470,693, 1662, 1696. Privileges of co m­ taxation, q 616. mittees, 1346, 1349. Services ofofficers, 1890, 1891. (See also "Members".) Norris, Mr T. R. (Noble Park) Parliamentary Contributory Superannuation Fund­ Actors Equity-Employment policies, 1138. Trustees .report for 1983-84, 1358. Arts, The-I 985 Melbourne opera season, q 1499. Penguins-On Phillip Island, 993, 998. Bicycles-Safety helmets for cyclists, q 912. Pensioners-Free public transport for Senior Citizens Blood Bank-Transmission of AIDS, 1446. Week, 609, 612. Travel concessions, q 686. Assets Charity-Bogus collectors, 611. test legislation, 1135. Wonthaggi coal miners, 1177, Children-Advertising of electronic nanny, 893. 1179. (See "Senior Citizens".) Consumer Affairs-Labelling of containers of artifi- Pentridge Prison (See "Corrections, Office of-Pent­ cially coloured eggs, 672. Advertising of electronic ridge Prison".) nanny, 893. Personal Explanations-By Mr Cain, 40, 814. By Mr Egg Industry-Artificial colouring, 672. Battery hen Pope, 663. By Mr Jolly, 1639. production, 1274, 1676. Film Industry-Developments, q 67. Use of over­ Petitions-Relocation of Prince Henry's Hospital, 41, seas actors in Australian productions, 1138. 72,153,154,263,407,477,478,621,1198.Aidto Films (Classification) Bill, 1794. decentralized industries, 41. Dangerous prisoners Food Standards Committee-Artificial colouring of at Beechworth Training Prison, 41. Gaoling of eggs, 672. Frank Penhalluriack, 41. Week-end trading, 41, 691. Litter reduction programme, 42, 71, 72, 153, Grievances, 1138. 847, 1006. Liquor Control Act, 42, 72, 153, 262, Health-AIDS, 1446. 342,406,478,621,691,763,846,914,1006,1115, Hospital-Prince Henry's, 263, 478. 1198, 1358, 1456, 1505, 1570, 1676. Kangaroo Aat Liquor Control Act, 621, 914, 1456. police station, 42. Refusal of medical treatment Metropolitan Transit Authority-Underpass at legislation, 42. Brothels, 42, 342. Cottage by the Noble Park railway station, 59. Sea, Queenscliff, 43. West Gate Bridge toll, 43. Petitions-Relocation of Prince Henry's Hospital, High plains cattle grazing, 71, 621. Lilydale rail 263, 478. Liquor Control Act, 621, 914, 1456. freight service, 71. Psychologists Bill, 71, 153, 264, Battery hen egg production, 1274,1676. 478, 1273. Therapeutic Goods and Cosmetics Bill, Sudden Infant Death Research Foundation­ 71, 263, 478, 1274. Natural therapists, 72, 691. Advertising of electronic nanny, 893. Industrial pollution, 72. Funding of non­ Television Industry-Developments, q 67. Government schools, 154. Peter John Lawless, 263. . (32) INDEX

Petitions-continued Pope, Mr N. A. (Monbulk) Logging in national parks, 263. Dairy Industry Bill, Animals-Feral predators in Sherbrooke Forest, 836. 343. Honorary justices of the peace, 407. Proposed Bel Air Country Club Estate, 1123. Keysborough dolphinarium, 407, 1007, 1570, 1676. Building and Construction Industry-Bel Air Milk packaging in Geelong, 407. School bus sys­ Country Club estate, 1123. Approvals, q 1194. tem, 478. Natural remedies, 479. Mooroolbark Pre­ Bush Fires-Fire-resistant houses, q 1672. school Centre, 547. Proposed prison at Lara, 621. Conservation, Forests and Lands-Lyrebirds in Police Force increase, 691. Widening ofDande­ Sherbrooke Forest, 836. nong Road, 762. Medical care at Knox technical Country Fire Authority-Future, 414. and Bayswater South primary schools, 763. In vitro fertilization, 763, 1505. Phillip Island land zoning, Freedom of Information Act-Requests for infor­ 847. ""R" and ""X"-rated video cassettes, 1007. mation, q 1110. Carlton cricket, football and social club northern Grievances, 640, 1123. stand, 1115. Small business restrictions and Housing-Bel Air Country Club estate, 1123. Bush­ charges, 1116. APM Ltd, Maryvale, licence fire resistant houses, q 1672. renewal, 1116. Battery hen egg production, 1274, Liquor Control Act, 1676. 1676. Eastern Freeway extension, 1505. Unborn Ministry, The-Censure of Minister for Police and children, 1505. Essendon and District Memorial Emergency Services, 414. Hospital, 1570. Red meat trading hours, 1675. Municipal Association of Victoria-Subscriptions, Mosquito plague, 1676. 640. Petroleum Products-Petrol pricing, q 39,1121, q 1195. Municipalities-Municipal Association of Victoria, (See also ""Energy Resources".) 640. PhiUip Island-Land zoning, 847. Koalas and pen­ Personal Explanation-Statement in debate, 663. guins, 993. Petition-Liquor Control Act, 1676. Planning-Permit for electorate office of honourable Tourism-Government strategy, q 66. member for Syndal, 392, 399. Proposed restaurant Trading Hours-For alcoholic liquor, 1676. and aquarium complex at Mornington, 1771, 1775, Victoria-Promtion by Premier, q 403. 1778. (See also ""Melbourne and Metropolitan Board of Works".) Poisons-Rat bait, 1261, 1266. Police Department- Crime-Restrictions on investigations, q 147. Threat Pornography-On video cassettes, q 35. Ban on ""R" to Geelong water supply, q 473. Neighbourhood and "X"-rated video cassettes, 1007. Distribution, Watch scheme, q 687,1447,1450. Drugs: Traffick­ 1131. ing, 1131; usage, 1144. (See also ""Health-Drugs".) Portland-Picket line at wharf, q 760. (See also "'Alcoa General-Melbourne Cricket Ground light towers of Australia Ltd".) dispute, q 38. Equipping unmarked police cars with Ports- sirens, 311, 315. Liaison with media, q 318. Port­ land sheep industry dispute, 445, 451, q 760. Blood Geelong-Buildingofsubmarines, 1174, 1178, 1262, sample substitution at Ballarat Base Hospital, 1266. q 757. Survey of violence in sport, q 1115. Facili­ General-Trade statistics, q 149. ties in Geelong and South Barwon areas, 1132. Public statements by officers, 1487, 1489. Investi­ Presbyterian Ladies College-Rescue of students at gation into Ministry of Housing purchases, q 1500, Marysville, q 1673. q 150 I. Marine search and rescue service, T or­ Primary Industries- quay, 1664, 1668. Annual report, 1787. Dairy-Promotion of produce, 610, 613. Milk: Staff-Recruitment, q 65. Increase in numbers, 691. . Zoning, q 1002; interstate sales, q 1112. Superannuation, q 1194. Assignment of duties, Egg-Use of artificial colouring, 672, 676. Battery q 1355. Disciplinary arrangements inquiry, q 1498. hen egg production, 1274, 1676. Crime car squad duties, 1893, 1894. Grain-Freight rates, 59, 62, q 686. Report ofCanac Stations-For Kangaroo Aat, 42. Glen Waverley, Consultants Ltd, q 690, 1142. 57,63. Meat-Inspection, 894, 896. Pollution (See '"Environment Protection Authority­ Tobacco-Research funding, 1349. Pollution".) Wine-Licence fees, q 40, 61. LEGISLATIVE ASSEMBLY (33)

Property and Services, Department of-Roll for Don­ Ramsay, Mr J. H.-continued caster electorate, 894, 896. Cost of birth certifi­ Annual Reporting Act-Reports to Parliament, cates, 992, 997. q 1452. Prostitution-Legalization, 42,342. In St Kilda, 1144. Appropriation (1984-85, No. I) Bill, 693, 1018, 1019, Public Bodies Review Committee-Reports presented: 1023, I07~ 1081, 1083, 1085, 1091, 1099, 1102. Ambulance services, 547, 1346, 1349, 1506; water Audit (Amendment) Bill, 1300. management, 1676. Small Business Development Australian Bureau of Statistics-Unemployment Corporation, q 1504. Reports to Parliament, 1664, rate, 115t. 1668. Box Hill Arcade Traders, 1677. Public Holiday-31 December 1984, 1262, q 1268, Budget-For 1984-85: Government's interest liabil­ q 1356. ities, q 403; debate, 693, 10 18, 10 19, 1023, 1073, 1081,1083,1085, 1091, 1099,1102; workerscom­ Public Service-Holidays, q 404. Information on pensation allocation, q 1191. superannuation benefits, 609, 612, 832, 838. Accommodation in Rialto building, q 1004. (See Economic and Budget Review Committee-Report also "Government Departments and Instrumen­ on public sector superannuation, 396. talities" and "Public Works Department­ Employment and Training-Unemployment statis- Genera!".) tics, q 846, 115t. Employment growth, q 911. Government-Want-of-confidence motion, 1737. Public Transport (See "Metropolitan Transit Author­ ity" and "State Transport Authority".) Grievances, 1151, 1677. Hospitals-Queen Victoria Medical Centre, q 65, Public Works Department-Inward wide-area tele­ 166. Prince Henry's, 992. phone service, q 257. Renovations to electorate Industrial Relations (Amendment) Bill (No. 2), 1341, office of honourable member for Syndal, 392, 399. 1398. Leasing of property owned by Lysale Pty Ltd, Wangaratta, 835, 840. Public Service accommo­ Industry, Commerce and Technology-Box Hill dation in Rialto building, q 1004. Springview Pri­ Arcade Traders, 1677. mary School, 1345, 1349. Land Tax (Amendment) Bill (No. 2), 1287, 1298. Liquor Control (Amendment) Bill (No. 2), 1235, Q 1415,1437. Liquor Control (Booth Licences) Bill (No. 2), 102. Questions on Notice-Rules on form, 682. Answers, Lotteries Gaming and Betting (Amendment) Bill (No. 995,996,1263,1266. 2), 1484. Questions without Notice (See "Speaker, The (Hon. Management and Budget, Department of-Govern­ T. Edmunds).") e. ment's interest liabilities, q 403. Advice on State Insurance Office, q 1564. R Melbourne Cricket Ground (Guarantees) Bill, 1330, Racing- 1336. General-Report of Victorian racing industry work­ Metropolitan Transit Authority-Neighbourhood ing party, 313, 316. Totalizator Agency Board fare system, 1448. annual report, q 1784. Ministry, The-Overseas trip by Minister of Labour Horse-Alleged fixing of races, q 69. (See also and Industry, q 1113. "Totalizator Agency Board".) Motor Accidents Board-Staff, q 1357. Motor Car (Insurance Surcharge) Bill, 1241, 1252, Raffles and Bingo Permits Board-Permits for raffles, 1254. 1445,1448. Pay-roll Tax (Amendment) Bill (No. 3), 916, 1302. Railways (See "Metropolitan Transit Authority" and Petition-Liquor Control Act, 406. "State Transport Authority".) Points of Order-Subject not to be debated, q 35. Redirecting question, 149. Answer to question not Ramsay. Mr J. H. (Balwyn) to be debated, 541, q 757, 1111. Relevancy of Alcoa of Australia Ltd-Portland Smelter: Legal remarks, 1248. Tabling of quoted documents, advice, q 1451; electricity tariff, q 149, 196, q 319. q 1497. Alcoa (Portland Aluminium Smelter) (Amendment) Public Holiday (150th Anniversary) Bill, 1540. Bill,776. Questions on Notice-Answers, 1263.

4917/85-2 (34) INDEX

Ramsay, Mr J. H.-continued Remington, Mr K. H.-continued Retail Tenancies Advisory Committee-Report, Parliament-Security in Parliament House, 1148. 1677. Petition-Carlton Cricket, Football and Social Club Small Business-Box Hill Arcade Traders, 1677. northern stand, 1115. South Yarra Project Bi1I, 1155, 1507. Point of Order-Nonsensical question, 322. Stamps (Amendment) Bi1I (No. 2), 1255,1281,1286. Sport-Professional boxing, q 403. Carlton Cricket, State Bank (Amendment) Bi1I (No. 3), 47, 51. Football and Social Club northern stand, 1115. State Electricity Commission-Charges to Alcoa of State Insurance Office-Solvency and viability, 1373. Australia Ltd, q 149, 196, q 319. State Finance-Taxes and charges, q 259. Residential Tenancies Act-Amendments, q 687. State Insurance Office-Workers compensation, q 1269, q 1503, q 1569, q 1672. Solvency and via­ Retail Tenancies Advisory Committee-Report, 1677, bility, 1366. Report and accounts, q 1452, q 1674. 1682. Advice from Department of Management and Returned Services League-Statement by Mr Ruxton Budget, q 1564. Legal advice, q 1568. on Government grants, 312, 315. State Transport Authority-Sale and lease-back of railway assets, 1263. Superannuation-For public sector, 396. Reynolds, Mr T. C. (Gisborne) Superannuation (Refund of Contributions) Bill, 1743. Appropriation (1984-85, No. I) Bill, 818. Taxation-Increases, q 259. Australian Railways Union-Ban on Jet express, 314. Trading Hours-For alcoholic liquor, 406. Retail, Community Welfare Services-Sunbury office, 1448. q 1113. Consumer Affairs-Fitness centres, 1147, 1690. Want-of-Confidence Motion-In Government, 1737. Corrections, Office of-Sunbury Training Centre, Workers Compensation-Funding basis, q 1191, 446. q 1269, q 1503, q 1568, q 1672. Licensing ofpri­ Government Departments and Instrumentalities- vate insurer, q 1569. State Insurance Office reports Attire for departmental heads, q 1671. and accounts, q 1674. Grievances, 1147, 1690. Health-Fitnesscentres, 1147, 1690. Lotteries Gaming and Betting (Gaming Machines) Ray, Mrs M. E. (Box Hill) Bi1I, 1548, 1553, 1555. Adoption Bi1I (No. 2), 374. Ministry, The-Statements by Minister of Con- Children (Guardianship and Custody) Bi1I, 374. sumer Affairs, 1147, 1690. Education-School terms, q 910. Integration of dis- Petition-Psychologists Bill, 153. abled students, q 1501. Psychologists Bill, 153. Hospitals-Equipment programme, q 1196. Racing-Totalizator Agency Board annual report, Liquor Control Act, 153,406, 846, 1358. q 1784. Melbourne and Metropolitan Board of Works-Burst Racing (Amendment) Bill (No. 2), 1523, 1528, 1531. water main in Lloyd Street, Box Hill, 751. Road Traffic-Calder Highway, Diggers Rest, inter­ Petitions-Liquor Control Act, 153, 406, 846, 1358. section, 995. Road Traffic Authority-Modifications to bus for Sport-Proposed national tennis centre for Mel­ Box Hi1I Special Developmental School, 395. bourne, q 914. Trading Hours-For alcoholic liquor, 153,406,846, State Finance-Taxes and charges. q 472. 1358. State Transport Authority-Cost of freighting grey­ Victoria-Promotion by Premier, q 318. hounds interstate, 144. Ban on Jet express, 314. Taxation-Increases, q 472. Red Cross Society-Blood Bank, q 254, 397, 398. Totalizator Agency Board-Attire for chairman, q 1671. Annual report, q 1784. Youth, Sport and Recreation-Proposed national Remington, Mr K. H. (Melbourne) tennis centre for Melbourne, q 914. Boxing-Promotion, q 403. Youth, Sport and Recreation (Advisory Councils) Grievances, 1148. Bi1I,1480. Liberal Party-Leaking of information, 1149. Youth, Sport and Recreation (State Sports Council) Melbourne-Financial centre, q 545. Building pro- Bill, 108, 112,353. jects in central business district, q 1001. LEGISLATIVE ASSEMBLY (35)

Richardson, Mr J. I. (Forest Hill) Richardson, Mr J.I.-continued Adoption Bill (No. 2). 442. Unions-Builders Labourers Federation, q 37. Mis­ Appropriation (1984-85. No. 1) Bill. 826. 827,1029, cellaneous Workers Union, 195. 1078, 1082, 1093. UP International Advertising, California, 751. Budget-For 1984-85: Hotel Windsor briefing, q 471, Victorian Consumer Affairs Committee-Member­ debate. 826, 827, 1029, 1078, 1082, 1093. ship, q 261. Builders Labourers Federation-Queen Victoria Water (Miscellaneous Amendments) Bill, 1744. Medical Centre, q 37. Children (Guardianship and Custody) Bill, 442. Ringwood Market Traders Association, 1682. Consumer Affairs-Victorian Consumer Affairs Committee, q 261. General Credit legislation, Road Construction Authority- q 684. Mail order scheme of UP International Bridges-West Gate toll, 43. Bullock Creek, Calder Advertising, 751. Highway, 836, 838. Dangerous Goods (Road Transport) Bill, 1603. Freeways-West Gate project, q 323. Rezoning of Economic and Budget Review Committee-Exten­ Healesville reserve, 1133. Eastern, 1505. sion of time to report on Victorian wine industry, General-Promotion campaign, q 1783. 56. Roads-George Street, Doncaster, 611, 613. Dan­ Education-Visits to zoo by children attending lan­ denong Road, 762, 1125. C3 arterial, 1173, 1179. guage centres, 895. Springview Primary School, 1345. Road Traffic- Environment Protection (General Amendment) Bill, Authority-Modifications to bus for Box Hill Special 1640. Developmental School, 395, 399. Ethnic Affairs-Unemployment in ethnic commun­ General-Calder Highway, Diggers Rest, intersec­ ity, q 1005. tion, 995, 998. Ethnic Affairs Commission (Amendment) Bill, 52. Safety-Fairway system, 60, 62, 608, 612. Helmets Freedom of Information Act-Information on for cyclists, q 912. Proposed road safety day, 1261, superannuation benefits, 832. 1266. Gas and Fuel Corporation-Charges, q 256. Regulation-Red light cameras at intersections, Grievances. 634. q 758. Calder Highway, Diggers Rest, intersec­ Handicapped Persons-Facilities at Springview Pri­ tion, 995, 998. mary School, 1345. Road Vebicles- Industrial Relations (Amendment) Bill (No. 2), 1392, Drivers-Licence endorsement for automatic cars, 1393. 749,754. Labour and Industry, Department of-Week~nd trading, q 403, q 759. Shop inspectors, 634. GeneraJ-Government rebate, q 65. Bus for Box Hill Special Developmental School, 395, 399. Agricul­ Medical Practitioners (Further Amendment) Bill, tural motor cycles, q 405, q 1499. Registration 1613. renewals, 1265, 1267. Miscellaneous Workers Union-Alleged theft, 195. I nsurance-Com pulsory third-party property, 314, National Crime Authority (State Provisions) Bill, 317. 1806. Ombudsman-Information on superannuation benefits, 832. Roper, Mr T. W. (Brunswick) Points of Order-Approval for incorporation in Abortion-At Preston and Northcote Community Hansard, 449. Unparliamentary expression, 753. Hospital, q 319. Relevancy of remarks, 1231. Raising a matter of Australian Medical Council, q 1355. privilege, 1346, 1347. Rule of sub judice, 1894. Blood Bank-Voluntary donation system, q 254, 398. Public Service-Information on superannuation Cemeteries-New sites, q 1503. benefits, 609, 832. Children-Child care services, q 70, q 907. Health Queen Victoria Medical Centre, q 37. Commission pre-school regulations, 613. State Electricity Commission-Charges, q 256. Constitution Act Amendment (Donations and Elec­ State Superannuation Board-Information on bene- toral Expenditure) Bill, The, 1639. fits, 609, 832. Consumer Affairs-Milk packaging in Geelong, 450. Trading Hours-Week-end, q 403,634, q 759. Corrections, Office of-Sunbury Training Centre, Unemployment-In ethnic community, q 1005. 450. (36) INDEX

Roper, Mr T. W.-continued Roper, Mr T. W.-continued Dental Services-School Dental Service, q 620. Pre-school Teachers and Assistants (Portability of Fundraising Appeals Bill, 124, 126, 127, 128, 131, Long Service Leave) Bill, 1008, 1160, 1558, 1560, 132, 133, 134, 1014, 1015, 1016, 1017, 1280. 1561,1562. Geriatric Services-Grace McKellar House, Gee­ Psychologists Bill-Referred to Social Development long, 1669. Nursinghomeaccommodation,q 1670. Committee, 1506. Health- Questions on Notice-Answers, 996. Commission-Pre-school regulations, 613. Survey Red Cross Society-Blood Bank, q 254, 398. on waiting lists for surgery, q 618. Werribee and State Finance-Funding of child care centres, q 70. District Community Health Services, q 758. Therapeutic Goods and Cosmetics Bill-Referred to Diseases-Tuberculosis, q 1192. Social Development Committee, 1506. Drugs-Usage in public hospitals, 1894. Want-of-Confidence Motion-In Minister of Health, General-Haemodialysis machine, J 45. Capital 861. works programme, q 150. Services in south-east Melbourne, 397. Expenditure, q 762. Rat bait, 1266. Medicare system, q 1675. Ross-Edwards, Mr Peter (Shepparton) Health (General Amendment) Bill, 97, 173,940,941, Administrative Appeals Tribunal Bill, 935, J466. 942,944, 1878. Alcoa of Australia Lld-Portland Smelter: Minister­ Health·(Radiation Safety) Bill (No. 2), 343,443, 813, ial statement, 94; joint venture, q 40 I, q 1564. 1877. Alcoa (Portland Aluminium Smelter) (Amendment) . Hospital Employees Federation of Australia-Dis­ Bill, 770, 1202. putes, q 254,398, q 545, q 617, q 689. Appropriation (1984-85, No. I) Bill, 715, 1091. Hospitals-Queen Victoria Medical Centre reloca­ Asbestos-In Government buildings, q 907. tion project, 164, q 406. Preston and Northcote BaHarat Base Hospital, q 757. Community, q 319. Prince Henry's, 397, 997, Builders Labourers Federation-Deregistration, q 1195. Charges, q 474. Royal Victorian Eye and q 683. Ear, q 545, q 617. McClelland report, q 618, Business of the House-Days and hours of meeting, q 1674. Waiting lists for surgery, q 618. Industrial qIl90,qI781. disputes, q 689. Substitution of blood samples at Christmas Felicitations, 1889. Ballarat Base, 839. Gippsland Base, q 842. Equip­ Conservation, Forests and Lands-High plains cat­ ment programme, q 1196. Medicare system, tle grazing, 71. q 1675. Drug usage, 1894. Wangaratta District Base pathology unit, J 895. Constitution Act Amendment (Donations and Elec­ toral Expenditure) Bill, The, 1625. Infertility (Medical Procedures) Bill, 1829, 1831, 1839, 1840, 1844, 1845. Constitution (Council Vacancies) Bill, 1531. Land-For cemeteries, q 1503. Constitution (Duration of Parliament) Bill (No. 2), 495. Livestock-Prosecution of owners of uncontrolled stock in public places, 450. Costigan Royal Commission-Tabling of report, q 1352. Ministerial statement, 1709. Recommen­ McKellar, Grace, House, Geelong-Appeal, 1669. dations, q 1781. Medical Practitioners (Further Amendment) Bill, 765,875,1616,1618,1619. Country Fire Authority-Future, 422. Medical Services-School Medical Service, q 322. County Court (Amendment) Bill, 1316. Australian Medical Council, q 1355. Deaths-Hon. J. J. Sheehan, 27. E. E. Bond, Esq., Medicare-Effect on health system, q 1675. 31. Prime Minister of India, 1622. Mental Health-St Nicholas Hospital, q 475. Education-Benalla Technical School, q 470. Ministry, The-Want-of-confidence motion in Min- Electoral-Seat of Morwell vacancy, 10. ister of Health, 861. Environment Council-Appointment of honour- Municipalities-Uncontrolled stock in public places, able member for Morwell, 10. 450. Child care services, q 907. Football-Sunday finals, q 318. Points of Order-Matter raised in debate on motion Government-Cost of television advertising cam­ for adjournment of sitting should relate to Gov­ paign, q 33. Want-of-confidence motion, 1729. ernment administration, 448. Terms of want-of­ Government Departments and Instrumentalities­ confidence motion limited, 849, 850. Relevancy Asbestos in Government buildings, q 907. of remarks, 852, 1560. Order of call, 860. Grievance Day-Suspension of Standing Order, Poison-Rat bait, 1266. 1572. LEGISLATIVE ASSEMBLY (37)

Ross-Edwards. Mr Peter-continued Ross-Edwards, Mr Peter-continued Land Tax (Amendment) Bill, 1290. Trading Hours-Retail, q 1110. For alcoholic liquor, Law Reform Commission Bill, 786, 1203. q 1670. Red meat, 1675. Liquor Control (Amendment) Bill (No. 2), 1244. Trustee Companies Bill, 1765, 1766. Liquor Control (Booth Licences) Bill (No. 2), 99, Victorian Football League-Sunday football finals, 103. q 318. Lotteries Gaming and Betting (Amendment) Bill (No. Want-of-Confidence Motion-In Government, 1729. 2), 1484. Workers Compensation-Funding basis, q 1451. Magistrates' Courts (Appointment of Magistrates) Bill. 117. Rowe, Mr B. J. (Essendon) Management and Budget, Department of-State Annual Reporting Act-Reports to Parliament, 1664. Development Account borrowings. q 541, q 616. Return on Government investments, q 1000. Commonwealth-State Relations-Tax-sharing arrangements, q 1783. Members-Seat of Morwell vacancy, 10. Retire­ ment of honourable members for Broadmeadows, Economic and Budget Review Committee-Reports Prahran, Hawthorn, Portland, Brighton, Pol­ presented: Victorian public sector superannua­ warth. Midlands and Wantirna. 1889. tion, 407; superannuation schemes, 1570. Metropolitan Transit Authority-Free public trans­ Employment and Training-For Olympic athletes, port on 31 December 1984, q 1268. q 1272. Ministerial Statements-Portland aluminium Hospitals-Charges, q 474. smelter project, 94. Federated Ship Painters and Liquor Control Act, 1505. Dockers Union of Australia: Royal Commission, Litter Reduction Programme, 42. 1709. Olympic Games-Employment for athletes, q 1272. Ministry. The-Censure of Minister for Police and Petitions-Litter reduction programme, 42. Liquor Emergency Services, 422. Control Act, 1505. National Crime Authority (State Provisions) Bill, State Insurance Office-Solvency and viability, 1371. 1800. Legal advice, q 1567. Pay-roll Tax (Amendment) Bill (No. 3), 1304. Taxation-Commonwealth-State relations, q 1783. Petitions-High plains cattle grazing, 71. Red meat Trading Hours-For alcoholic liquor, 1505. trading hours, 1675. Workers Compensation-Supplementation fund,~' Points of Order-Relevancy of remarks, 33. Ques­ q 689. Funding basis, q 1567. tions not to be debated, 472, 1001. Matter should relate to Government administration, 642. Call by Royal Australian Navy-Building of submarines at Chair. 1729. Geelong, 1174, 1178, 1262, 1266. Police Department-Recruitment, q 65. Restric­ Royal Australian Nursing Federation-Disputes, 626. tions on investigations, q 147. Blood sample sub­ stitution at BaHarat Base Hospital, q 757. Royal Family-Proposed visit, q 1114. Disciplinary arrangements inquiry, q 1498. Royal Society for the Prevention of Cruelty to Ani­ Public Holiday (I 50th Anniversary) Bill, 1539, 1547. mals-Court costs, 1445, 1449. (See also Public Holiday-Free public transport on 31 "Animals".) December 1984, q 1268. s Senate Elections (Amendment) Bill, 548. Sport-Sunday football finals, q 318. Salinity Committee-Hours of meeting, 1200. Reports Stamps (Amendment) Bill (No. 2), 1283, 1286. presented: Causes, effects and control of land and river salinity in Victoria, 1787; water allocations State Bank (Amendment) Bill (No. 3), 49. in northern Victoria, 1787. State Electricity Commission-Yallourn "c" power station: Payments for redeployment of employees, q 254. Saltmarsh, Mr D. N. (Wantirna) State Finance-State Development Account bor­ Adoption Bill (No. 2), 135, 355, 434, 435, 497, 498, rowings, q 541, q 616. Return on Government 499, 501, 506, 551, 553, 555, 556, 557, 558, 560, investments, q 1000. 56~ 565, 56~ 56~ 56~ 56~ 570, 571, 57~ 57~ State Insurance Office-Solvency and viability, 1370. 574, 575, 577, 578, 579, 582, 583, 586, 589, 590, Workers compensation, q 1451. 591,593,594,595,596,1278. (38) INDEX

Saltmarsh, Mr D. N.-continued Setches, Mrs K. P.-continued ,Animals-Proposed Keysborough dolphinarium, Handicapped Persons-Eastern Suburbs Co-opera­ 1007. tive Trading Society of Disabled and Disadvan­ Appropriation (1984-85, No. I) Bill, 978, 1076. taged Workers, 1128. Monkami Centre for the Blackburn Attendance Centre, 625. Mentally Handicapped, 1683. Children (Guardianship and Custody) Bill, 135,355, Industry, Commerce and Technology-Ringwood 434.435.497,498,499,501,506,597,598. Market Traders Association, 1682. Corrections, Office of-Blackburn Attendance Infertility (Medical Procedures) Bill, 1835. Centre. 625. Prison construction programme, Mental Health-St Nicholas Hospital, q 475. Mon- q 1783. kami Centre for the Mentally Handicapped, 1683. Education-Funding of non-Government schools, Municipalities-Child care services, q 907. 154. Neighbourhood Watch Scheme, q 687. Fisheries and Wildlife Service-Proposed Keys- Parliament House-Access by disabled persons, borough dolphinarium, 1007. 1128. Roods-Insurance, 625. Petition-Liquor Control Act, 763. Grievances, 625. Police Department-Neighbourhood Watch scheme, Health-Rat bait, 1261. q 687. Insurance-Rood,625. Retail Tenancies Advisory Committee-Report, Liquor Control (Amendment) Bill (No. 2), 1412, 1682. 1413,1417. Ringwood Market Traders Association, 1682. National Crime Authority (State Provisions) Bill, Trading Hours-For alcoholic liquor, 763. 1801. Victorian Institute of Secondary Education-Higher Petitions-Funding of non-Government schools, school certificate examination, 1665. 154. Proposed Keysborough dolphinarium, 1007. Poison-Rat bait, 1261. Sheehan, Mr A. J. (Ivanhoe) Community Welfare Services-Child care centres, Seitz, Mr G. (Keilor) q 70. Women's refuges, q 1357. Education-Relationship between' secondary and Arts, The-State Theatre opening, q 404. post-secondary education, q 685. Education-Disciplinary procedures in State schools, Grievances, 1692. q 688. Health-Drug usage in public hospitals, 1892. Medical Services-In vitro fertilization, 763. Hospitals-Drug usage, 1892. Petition-In vitro fertilization, 763. Industry, Commerce and Technology-Industrial Youth, Sport and Recreation-Special youth devel­ accidents, q 151. opment workers, q 1569. International Youth Year, 1693. Point of Order-Rule of sub judice. 1895. Senior Citizens Week-Free public transport, 609,612. State Finance-Funding of child care centres, q 70. Women-Refuges, q 1357. Setches, Mrs K. P. (Ringwood) Youth-International Youth Year, 1693. Adoption Bill (No. 2), 369, 435, 500, 549. Youth, Sport and Recreation (Advisory Councils) Bill,1482. Children-Child care services, q 907. Children (Guardianship and Custody) Bill, 369, 435, 500,549. Sheehan, Mr F. P. (Ballarat South) Community Welfare Services-Child care services, A viation-Site for proposed national museum, q 907. ' q 1270. Consumer Affairs-Sale of dangerous implement, Death-Hon. J. J. Sheehan, 28. 1444 .. Industry, Commerce and Technology-Reiional Eastern Suburbs Co-operative Trading Society of assistance programmes, q 68. Disabled and Disadvantaged Workers, 1128. Infertility (Medical Procedures) Bill, 1825. Education-Higher school certificate examination, Museum-Site for proposed national aviation 1665. Monkami Centre for the Mentally Handi­ museum, q 1270. capped, 1683. Petition-Red meat trading hours, 1675. Grievances, 1128, 1682. Trading Hours-Red meat, 1675. LEGISLATIVE ASSEMBLY (39)

Sheehan, Mr F. P.-continued Sibree. Mrs P. A.-continued Women-Refuges, q 1357. Dental Services-School Dental Service, q 620. Employment Agents Act-Proclamation, q 1197. Employment and Training-Resource centre in Sheehan, The late Hon. J. J., 26. Latrobe Valley, 892. Youth unemployment, q 1002. Films (Classification) Bill, 1787. Shell, Mr H. K. (Geelong West) Gas and Fuel Corporation-Charges, q 475. Adoption Bill (No. 2), 372, 500, 508, 511, 569, 577, Infertility (Medical Procedures) Bill, 1826, 1836. 578. Latrobe Valley Women's Community Advancement Children-Rights of unborn, 1505. Co-operative Ltd, 892. Children (Guardianship and Custody) Bill, 372, 500, Ministerial Statement-Government's achieve­ 50~511,569,57~57~ ments for women, 1648. Community Welfare Services-Foster care pro­ Petitions-Psychologists Bill, 478. Liquor Control gramme, q 405. Act, 478. Consumer Affairs-Milk packaging in Geelong, 407, Point of Order-Relevancy of remarks, 1560. 449,1774. Pre-school Teachers and Assistants (Portability of Education-Equal opportunity in technical and fur­ Long Service Leave) Bill, 1519, 1558, 1559, 1560, ther education, q 1674. 1561, 1562. Equal Opportunity-In technical and further edu­ Psychologists Bill, 478. cation, q 1674. State Electricity Commission-Charges, q 475. Geelong-Milk packaging, 407. Survey in Geelong Trading Hours-For alcoholic liquor, 478. West electorate, 654. Geriatric services, 1666. Women-Latrobe Valley Women's Community Building of submarines, 1174, 1262. Advancement Co-operative Ltd, 892. Govern­ Geriatric Services-Grace McKellar House, Gee- ment's achievements, 1648. long, 1666. Youth, Sport and Recreation (Advisory Councils) Grievances, 654. Bill,1472. Housing-Single-entry flats, 750. Infertility (Medical Procedures) Bill, 1815. McKellar. Grace, House, Geelong-Appeal, 1666. Sidiropoulos, Mr Theodore (Richmond) Petitions-Milk packaging in Geelong, 407. Unborn Education-Expansion ofTAFE services, q 546. children, 1505. Housing-Improvements to high-rise estates, q 259. Point of Order-On behalf of another member, 1393. Petitions-Therapeutic Goods and Cosmetics Bill, Police Department-Survey of violence in sport, 263. Psychologists Bill, 264. q 1115. Psychologists Bill, 264. Royal Australian Navy-Building of submarines at State Emergency Service-Morale of members, Geelong, 1174, 1262. q 760. Sport-Violence, q 1115. Therapeutic Goods and Cosmetics Bill, 263. State Transport Authority-Extension of Geelong transit system to Grovedale and Leopold, 538. SHenus Companies-Government investment, q 1270.

Sibree, Mrs P. A. (Kew) Simmonds, Mr J. L. (Reservoir) Adoption Bill (No. 2), 385, 505, 508, 510. Apprentices-At Latrobe Valley Trade Training Appropriation ( 1984-85, No. 1) Bill, 804, 1068, 1070, Centre, 613. Group training schemes, q 845. 1075. Training centre for Warrnambool, 1179. Intake, Births-Registration, 1264. q 1455. Children (Guardianship and Custody) Bill, 385, 505, Dangerous Goods (Road Transport) Bill, 765, 1591, 508,510. 1594,1595,1596,1598,1599,1600,1602,1883. Children's Protection Society-Funding, q 1354. Education-Participation and equity programme, Community Welfare Services-Funding for child 1777. protection services, q 1354. Employment and Training­ Dangerous Goods (Road Transport) Bill, 1576, 1594, Employment-Resource centre in Latrobe Valley, 1595, 1596, 1602, 1603. 898. Growth, q 910, q 911. Expenditure on new (40) INDEX

Simmonds, Mr J. L.-continued Simpson, Mr J. H.-continued job opportunities, q 912. Commonwealth Insurance-Compulsory third-party for motor vehi­ Employment Programme funding, 1350, 1777. cles, 317. General-Occupational health and safety, 1778. Labour and Industry, Department of-Week-end Ministry-Government grants to organizations, 315. trading, q 403, q 759. Trading hours during festi­ Funding of Latrobe Valley Trade Training Centre, vals, 895, 998. 613. Lysale Pty Ltd, 840. Training-Skills training programme, q 2.61. Meat Industry-Inspection, 896. Apprentices, q 845, q 1455. Centre for Warrnam­ Melbourne and Metropolitan Board of Works­ bool,1179. Alleged misappropriation of petrol at Werribee Unemployment-Statistics, q 846, q 906, q 908. sewerage farm, 145. Thomson dam, 677, q 683. Youth, q 1002. Burst water main in L10yd Street, Box Hill, 754. Health-Occupational safety, 1778. Dispute with Templestowe resident, 755. Industry, Commerce and Technology-Industrial Members-Electorate office of honourable member accidents, q 151. Occupational health and safety, for Syndal, 399. 1778. Mental Health-Grant to Victorian Mental Health Association, 754. Latrobe Valley Trade Training Centre, 613. Metropolitan Transit Authority­ Latrobe Valley Women's Community Advancement Fares-Student concessions, 200. Co-operative Ltd, 898. Level Crossings-High Street, Glen Iris, 1351. Municipalities-Handyman service, Kilmore, 1350. Proposed restaurant and aquarium complex at Rail Services-Balaclava station, 199. Museum sta­ Mornington, 1778. tion, 677. Industrial bans, 1489. Ministry, The-Statement by Minister of Agricul­ Petition-Liquor Control Act, 691. ture, 451. Overseas trip by Minister of Labour and Planning-Proposed complex at Mornington, 1778. Industry, q 11l3. Points of Order-Relevancy of remarks, 514, 515, Miscellaneous Workers Union-Alleged theft, 199. 1174. Motor Accidents Board-Staff, q 1357. Police Department-Equipping unmarked police Motor Car (Insurance Surcharge) Bill, 865. vehicles with sirens, 315. Petition-Liquor Control Act, 478. Returned Services League-Statement by Mr Rux­ Planning-Permit for electorate office of honourable ton on Government grants, 315. member for Syndal, 399. Trading Hours-For alcoholic liquor, 691. Point of Order-Reflection on decision of House, 1684. Simpson, Mr J. H. (Niddrie) Police Department-Portland sheep industry dis­ Administrative Appeals Tribunal Bill, 663. pute, 451. Agriculture, Department of-Meat inspection, 896. Property and Services, Department of-Roll for Doncaster electorate, 896. Cost of birth certifi­ Australian Railways Union-Ban on Jet express, 317. cates, 997. Birregurra and District Hospital, 677. Public Works Department-Inward wide-area tele­ Birth Certificates-Cost, 997. phone service, q 257. Renovations to electorate' Constitution Act Amendment (Donations and Elec­ office of honourable member for Syndal, 399. toral Expenditure) Bill, The, 765, 877, 1636. Leasing ofWangaratta property, 840. Constitution Act Amendment (Electoral Legisla­ Road Construction Authority-C3 arterial road, tion) Bill, The, 660, 667, 1208, 1471. 1179. Constitution (Council Vacancies) Bill, 1375, 1390. Road Traffic Authority-Modifications to bus for Economic and Budget Review Committee-Report Box Hill Special Developmental School, 399. on public sector superannuation, 399. Calder Highway, Diggers Rest, intersection, 998. Education-Box Hill Special Developmental School, Road Vehicles-Compulsory third-party property 399. Visits to zoo by children attending language insurance, 317. Licence endorsement for auto­ centres, 896. matic cars, 754. Registration renewals, 1267. Electoral~Rolls, 896, 1490. Senate Elections (Amendment) Bill, 343, 423. Employment and Training-Concessions for unem­ State Transport Authority- ployed, 399. Leasing ofWangaratta property, 840. Fares and Freights-Super saver fares, 146. Cost of Industrial Relations (Amendment) Bill (No. 2), 869. freighting greyhounds interstate, 146. LEG ISLA TI V E ASSEM BL Y (41)

Simpson, Mr J. H.-continued Speaker, The (the Hon. C. T. Edmunds)-continued General-Public toilets at Bannockburn railway sta­ privileges, 344. Absolute majority required for tion, 146. Licensing of ferry services on Western­ agreement to amendments, 344. port Bay, 451. Car parking at Geelong railway Deakin University, 1548, 1738, 1779, 1780. station, 676. Deaths-Hon. J. J. Sheehan, 30. E. E. Bond, Esq., Rail Ser"ices-Manpowerat Donald, 1669. 32. Prime Minister of India, 1622. Superannuation-For public sector, 399. Debate-Role of Speaker, 20. Relevancy of remarks, Telecom Australia-Inward wide-area telephone 101,514,515,516,518,519,521,530,601,747, service. q 257. 825,837,938,939, 1091, 1092, 1093, 1174, 1176, Thomson Dam-Safety of wall, 677, q 683. 1202, 1242, 1243, 1248, 1292, 1294, 1295, 1301, Trading Hours-In Dunkeld, 199. Report of Minis­ 1342,1420,1421, 1471, 1538, 1541, 1571, 1623, terial Advisory Committee on Shop Trading 1624, 1626, 1803, 1805. Motion for adjournment Hours, q 261. Week-end, q 403, q 759. For alco­ of sitting: Alleged misrepresentation, 145; matter holic liquor, 478. During festivals, 895, 998. Retail, must relate to Government administration, 314, q 1113. 447, 1107, 1448; permission to display article, 449, Victorian Farmers and Graziers Association-State­ 537, 1444; facetious point of order, 450; alleged ment by Minister of Agriculture at Portland meet­ untrue statement, 539; matter raised must not ing,451. request legislation, 750,1262,1775; Budget not to Victorian Motor Schools Association-Driving be debated, 753; only one matter to be raised, 992; licence endorsement for automatic cars, 754. warning to honourable member for Malvern, 998; Water Charge Concessions Bill, 765, 915, 1310, 1311. matter to be directed to appropriate Minister, 1262; Water (Miscellaneous Amendments) Bill, 1200. matter of privilege not to be raised, 1346, 1347. Western port Bay-Licensing offerry services, 451. Carriage of motion, 169. Offensive remarks, 199, 659, 969, 1757. Interjections, 380, 425, 622, 748, 793,83~837,969, 1364, 1538, 1623, 1624,1626, Small Business-Restrictions and charges, 1116. Box 1627, 1712. Unparliamentary expressions, 397, Hill Arcade Traders, 1677. 622,753,995, 1246, 1535. Reference to debate in Small Business Development Corporation-Recom­ same session, 446, 522. Third reading, 598. Rule mendations of Public Bodies Review Committee, of sub judice, 623, 1807, 1895. Statement in debate, q 1504. 657,658,997. Tabling of quoted document, 658, Social Development Committee-Reports presented: 976. Matter responsibility of House Committee, Complaint procedures against health services, 43; 659. Unparliamentary behaviour of honourable inquiry into radiation apparatus, 763; road safety, member for Monbulk, 660. Motion withdrawn, 1457; certificate of need legislation, 1506; com­ 670. Correct titles to be used, 747, 1232, 1623. pensation for the dispossession and dispersal of Terms of want -of-confidence motion limited, 849. the Aboriginal people, 1570. Sessional Orders, 968. Reference to Ministers, 973. Social Welfare (See "Community Welfare Services".) Identifying quotes from documents, 977, 978,1804. Authority of the Chair, 1090. Form of House, 1234. Motion "That the question be now put", 1246. I Speaker, The (the Hon. C. T. Edmunds) Tedious repetition, 1293. Call by Chair, 1373. Rulings and Statements of- Parliamentary privilege, 1647. Progression of time, Appropriation (1984-85, No. 1) Bill, 479, 693. 1870. Auditor-General-First report for 1983-84, 479. Division List-Error, 1603. Audits of Government stores operations and departmental cash management to October 1984, Electoral-Seat of Morwell vacancy, I, 26. 914. Second report for 1983-84, 1677. Environment Council-Appointment of honour- Burton, Mr A.-Retirement, 678. able member for Morwell, I, 26. Business of the House-Order, 170. Notices of Fundraising Appeals Bill, 1200. Motion, 847. Government-Want-of-confidence motion, 1712. Christmas Felicitations, 1891. Hansard-Daily, 116. Incorporation of material, Clifford, Mr J., OAM-Retirement, 678. 1628. Commonwealth Parliamentary Association-Meet- Joint Sittings of Parliament-Deakin University, ing, 814. 1548,1738,1779,1780. Monash University, 1548, Constitution (Duration of Parliament) Bill (No. 2)­ 1738, 1779, 1780. Victorian Institute of Secondary Council amendments infringement of Assembly Education, 1548, 1738, 1779, 1780.

4917/85-3 (42) INDEX Speaker, The (the Hon. C. T. Edmunds)-continued Spyker, Mr P. C.-continued

Members-Seat of Morwell vacancy, I, 26. Illness Ethnic Affairs-Grant to Australian Railways Union ofhonourable member for Portland, 64. Unparlia­ (Victorian Branch), q 690. Unemployment in eth­ mentary behaviour of honourable member for nic community, q 1005. Use of word "Christian" Monbulk, 660. Retirement of honourable mem­ on forms, 1776. bers for Broadmeadows, Prahran, Hawthorn, Ethnic Affairs Commission (Amendment) Bill. 55. Portland, Brighton, Polwarth, Midlands and Wan­ Government Departments and Instrumentalities- tirna, 1891. Use of word "Christian" on forms, 1776. Monash University, 1548, 1738, 1779, 1780. Housing-Rental market, q 687. Notice Paper-Corrected copy, 65. Petroleum Products-Petrol pricing, q 1195. Parliament-Televising and photographing of pro- Residential Tenancies Act-Amendments, q 687. ceedings, 401, 470, 693, 1662, 1696. Sudden Infant Death Research Foundation- Questions without Notice-Not to be debated, 33, Advertising of electronic nanny, 898. 35, 255, 321, 471, 473, 541, 543, 683, 685, 760, Unions-Australian Railways Union, q 690. 843,908,1001,1111,1114,1191,1193,1271,1675. UP International Advertising, California, 756. Interjections, 34, 35, 148, 150, 256, 258, 260, 321, Victorian Consumer Affairs Committee-Member- 405,473,617,1003,1111,1191,1193,1357,1452, ship, q 261. 1454. To be directed to appropriate Minister, 149. Not to be hypothetical, 320, 322, 683. Nonsensical question, 322. Out of order, 470, 471, 476. Not to Stafford Ellinson (Manufacturing) Pty Ltd-State and seek opinion. 542, 543, 1453. Must be specific, regional industries programme, q 1353. 544, 690, 1111, 1196. Unparliamentary expres­ State Bank of Victoria-Sale of equity in Tricontinen­ sion, 547. Rules on form of, 682. Must not antici­ tal Corporation Ltd, 535, 539. Performance, pate Budget debate, 757. Reflection on Chair, 1194. q 1003. (See also "Banks".) Offensive remark, 1357. Tabling of quoted docu­ ments, 1497. Not to seek legal opinion, 1785. State Electricity Commission- State Insurance Office-Solvency and viability, 1359. Charges-Increases, q 36, q 256, q 475. To Alcoa of Victorian Institute of Secondary Education-Coun­ Australia Ltd, q 149, 196, 200, q 319. cil, 1548, 1738, 1779, 1780. General-Insurance exchange rates, q 320. Want-of-Confidence Motion-In Government, 1712. Newport Power Station-Inspection of boilers and pressure vessels, 638. Sport-Proposed national tennis centre for Mel­ Yallourn "c" Power Station-Payments for rede­ bourne, 196, 201, q 689, q 914. Sunday football ployment of employees, q 254. finals, q 318. Proposed national football league, (See also "Energy Resources".) q 402. Professional boxing, q 403. Violence, State Emergency Service-Aoods in Melbourne sub­ q 1115. Carlton cricket, football and social club urbs, q 542. Morale of members, q 760. At Euroa, northern stand, 1115. Employment for Olympic 996,998. Rescue of students at Marysville, q 1673. athletes, q 1272. World Veterans Tennis Cham­ pionships, 1680. (See also "Football", "Victorian State Finance-Funding of child care centres, q 70. Football League" and "Youth, Sport and Victorian Development Fund: Results, q 257; State Recreation". ) Development Account, q 541, q 616, q 1268. Taxes and charges, q 258, q 259, q 262, q 472, q 476. State debt, q 757, q 912. Borrowings, q 841, q 1112. Spyker, Mr P. C. (Heatherton) Return on Government investments, q 1000. Australian Railways Union-Grant to Victorian branch, q 690. State Insurance Office-Workers compensation fund­ Children-Advertising of electronic nanny, 898. ing basis, q 1191, q 1192, q 1194, q 1195, q 1268, q 1269, q 1270, q 1271, q 1273, q 1352, q 1451, Consumer Affairs-Victorian Consumer Affairs q 1497, q 1503, q 1504, q 1567, q 1568, q 1569, Committee membership, q 261. Product safety, q 405. Credit legislation, q 684. Mail order scheme q 1672. Solvency and viability, 1358. Reports and of UP International Advertising, 756. Advertising accounts, q 1452, q 1674. Advice from Depart­ of electronic nanny, 898. Sale of dangerous imple­ ment of Management and Budget, q 1499, q 1503, ment. 1449. Milk packaging in Geelong, 1777. q 1504, q 1564, q 1566, 1639, q 1670. Legal advice, q 1502, q 1567, q 1568. Services, q 1784. Employment Agents Act-Proclamation, 1197. Employment and Training-Unemployment in eth­ State Superannuation Board-Information on bene­ nic community, q 1005. fits, 609, 612, 832, 838. LEGISLATIVE ASSEMBLY (43)

State Transport Authority- Spyker, Mr P. C.-continued Bus Services-For country students, 478. Youth, Sport and Recreation (Advisory Councils) Albury-Wodonga to Mildura, 536, 538. Extension Bill, 1477. of Geelong transit system to Grovedale and Leo­ pold.538. Stirling, Mr G. F. (Williamstown) Countr.v and Interstate Railway Lines-Cobram to Community Welfare Services-Probationary ser- Melbourne. 60. 62. Gippsland, q 259. Vinelander, vices, q 913. q 544. Leongatha, q 1456. Conductors, q 1567. Corrections, Office of-Probationary services, q 913. Fares and Freights-Grain handling rates, 59, 62, Education-Property review, q 1353. q 686. Lilydale service. 71. Super saver fares, 143, 146. Cost of freighting greyhounds interstate, 144, Industry, Commerce and Technology-Heavy engi­ 146. Ban on Jet express, 314, 317, 395., 399. Stu­ neering sector, q 320. dent excursion fares, 537. 538. Pensioner travel Petition-West Gate Bridge toll, 43. concessions, q 686. Mildura freight centre, q 911. Road Construction Authority-West Gate Bridge General-Transfer of administrative staff, 61, 63. toll,43. Early retirement scheme, q 69, q 260. Public toi­ Rulings and Statements as Acting Speaker­ lets at Bannockburn railway station, 144, 146. Debate-Inaudibility, 166. Unparliamentary remark, Licensing of ferry services on Westernport Bay, 628. Interjections, 629, 644. Members to address 448. 451. Free public transport: For Senior Citi­ Chair, 639. Matter to relate to Government zens Week. 609, 612; on 31 December 1984, administration, 642. Relevancy of remarks, 1211. q 1356. Car parking at Geelong railway station, 671. 676. Sale and lease-back of railway assets, Sudden Infant Death Research Foundation-Advertis­ 1263, 1266. Annual report and accounts, q 1674. ingofelectronic nanny, 893, 898. Rail Services-Proposed closure of lines, q 690. Manpower at Donald, 1665, 1669, 1681. Superannuation-For public sector, 396, 399. Supreme Court-Report ofjudges for 1983, 1007.

T Steggall, Mr B. E. H. (Swan Hill) Tanner, Mr E. M. P. (Caulfield) Adoption Bill (No. 2). 360, 434, 438, 497, 498, 502, Alcoa of Australia Ltd-Portland smelter joint ven­ 504. 505, 506, 508. 509, 552, 554, 557, 559, 563, ture, q 322. 56~ 56~ 571, 574, 57~ 577, 57l 580, 581, 58l 585.589,590,591,592,593,594,596,1278. Alpine Resorts Commission-Operation, 1666. Appropriation (1984-85, No. I) Bill, 1031, 1056, Appropriation (1984-85, No. I) Bill, 792, 1023, 1030, 1059. 1060, 1061, 1066, 1073, 1095, 1096, 1099, 1102. Australian Plague Locust Commission, 1488. Australian Railways Union-Grant to Victorian Canac Consultants Lld-Report on grain transport, branch, q 690. q 690. Birth Certificates-Cost, 992. Children (Guardianship and Custody) Bill, 360, 434, Blood Bank-Voluntary donation system, q 254. 438.497,498,502,504,505,506,508,509,552, Builders Labourers Federation-Dispute at Queen 554. 557, 559, 563, 564, 566, 571, 574, 576, 577, Victoria Medical Centre, q 34. 578.580,581, 583, 585, 589, 590, 591, 592, 593, Ethnic Affairs-Grant to Australian Railways Union 594.596. (Victorian Branch), q 690. Conservation, Forests and Lands-Locust plague, Grievances, J 125. 1488. Hospital Employees Federation of Australia­ Housing-Accommodation programme, q 1272, Members working with Red Cross volunteers, q 1452. q 254. Locust Plague, 1488. Industrial Relations (Amendment) Bill (No. 2), 1337, Melbourne Corporation (Election of Council) 1391,1401, 1403. (Amendment) Bill, 523. Industrial Relations (Long Service Leave) Bill, 598. State Transport Authority-Proposed closure of rail Infertility (Medical Procedures) Bill, 1829, 1847. lines, q 690. Insurance-Compulsory third-party for motor vehi- Water Charge Concessions Bill, 1309, 1311. c1es, 314. Water (Miscellaneous Amendments) Bill, 1745. Liquor Control (Amendment) Bill (No. 2),429, 1211, Wheat Marketing Bill, 1752. 1412, 1413, 1414, 1415, 1416, 1420, 1422, 1424, (44) INDEX Tanner, Mr E. M. P.-continued Toner, Mrs P. T. (Greensborough)

1425, 1427, 1428, 1429, 1430, 1431, 1432, 1434, Adoption Bill (No. 2),264,354,390,436,441,497, 1741,1742. 498,499,503,504,505,506,508,509,550,552, Liquor Control (Booth Licences) Bill (No. 2), 98. 553, 554, 556, 557, 560, 562, 564, 566, 567, 568, Momington-Proposed restaurant and aquarium 569, 570, 571, 572, 573, 574, 575, 576, 577, 578, complex, 1771. 57~ 580, 58~ 58~ 58~ 58~ 58~ 59~ 591, 59~ Petitions-Gaoling of Frank Penhalluriack, 41. 593,594,595,596,1277,1280. Liquor Control Act, 406,1570. Widening of Dan­ Children-Child care services, q 323. denong Road, 762. Children (Guardianship and Custody) Bill, 354, 390, Planning-Proposed restaurant and aquarium com­ 436,441,497, 498, 499, 503, 504, 505, 506, 508, plex at Mornington, 1771. 509,597,598. Points of Order-Relevancy of remarks, 1241. Children's Protection Society-Funding, q 1354. A vailability of documents, 1648. Reference to Community Welfare Services- future legislation, 1775. Children-Foster care programme, q 405. Cottage Police Department-Crime car squad duties, 1893. by the Sea, Queenscliff, 452. AlIambie Reception Property and Services, Department of-Cost of birth Centre, q 1273. Protective services funding, q 1354. certificates, 992. Wards of State, q 1568. Queen Victoria Medical Centre, q 34. Department-Probationary services, q 913. Sunbury Red Cross Society-Blood bank, q 254. office, 1449. Road Construction Authority-Widening of Dan­ General-Women's refuges, q 1357. denong Road, 762, 1125. Youth-Services, q 844. Road Vehicles-Compulsory third-party insurance, Corrections, Office of- 314. General-Beechworth Training Prison, 201. Prison Tourism-Alpine Resorts Commission, 1666. facilities, q 619. Early release scheme, 1350. Prison Trading Hours-Gaoling of Frank Penhalluriack, 41. construction programme, q 1784. For alcoholic liquor, 406, 1570. Parole and Probation-Probationary services, q 913. Workers Compensation-Cooney inquiry, 671. Pentridge Prison-Suspension of warder, 1449. Housing-Vacant Government-owned properties, 201. Taxation- Penalties and Sentences (Amendment) Bill (No. 2), 1876. Financial Institutions Duty-Review panel, q 1455. Points of Order-Explanation of clause, 505. General-Wine licence fee, q 40, 61. Increases, Unparliamentary expression, 1535. q 258, q 259, q 262, q 472, q 476. Wildlife park Women-Refuges, q 1357. licence fee, 400. Nieuwenhuizen inquiry, q 616. Receipts, q 842. Commonwealth-State relations, q 1783. Totalizator Agency Board-Attire ofchainnan, q 1671. Annual report, q 1784. Teaching Service Conciliation and Arbitration Com­ Tourism-Government strategy, q 66. Chinese mission-Role of principals, q 909. museum in Bendigo, 393,400. Promotion ofYarra Telecom Australia-Inward wide-area telephone serv­ Valley, 833, 838. Aboriginal cultural interpretive ice, q 257. centre for Grampians National Park, q 1355. Alpine Resorts Commission, 1666, 1669. Effects Television Industry-Developments, q 67. of mosquito plague in Gippsland Lakes area, 1676. World Veterans Tennis Championships, 1680. Templeton, Mr T. W. (Mentone) Trade Unions (See "Unions".) Petitions-Liquor Control Act, 42, 342,478. Trading Hours-Gaoling of Frank Penhalluriack, 41. Trading Hours-For alcoholic liquor, 42, 342, 478. Week-end, 41, q 403, 634, 691, q 759. For alco­ holic liquor, 42, 72, 153,262,342,406,478,621, Therapeutic Goods and Cosmetics Bill, 71, 263, 478, 691, 763, 846, 914, 1006, 1115, 1198, 1358, 1456, 1274. 1505, 1570, q 1670, 1676. In Dunkeld, 194, 199. Report of Ministerial Advisory Committee on shop Thomson Dam-Safety of wall, 672, 677, q 683. trading hours, q 261. During festivals, 891, 895, Tobacco Industry-Research funding, 1349, 1350. 994,998. Retail, q lIlO, q 1113, 1137. Red meat, 1675. LEGISLATIVE ASSEMBLY (45) Transphere Ltd-Investments, 644. Unions-continued Treasury (See "Management and Budget, Department cellaneous Workers Union, 195, 199. Australian of'.) Railways Union, 314,317, q 323, 395, 399, q 690, q 4690. Hospital Employees Federation, 397, 398, q 545, q 617, q 689. Federated Ship Painters and Trezise, Mr N. B. (Geelong North) Dockers Union of Australia, q 544, q 615, q 1352, Boxing-Promotion, q 403. 1696, q 1781. Royal Australian Nursing Federa­ Corrections, Office of-Proposed prison at Lara, 621. tion, 626. Australian Workers Union, q 323,836, Death-Hon. J. J. Sheehan, 28. 838. Victorian Public Service Association, q 1004. Football-Proposed national league, q 402. Betting, Actors Equity, 1138. Victorian Teachers Union, q 911. q 1353. Australian Federated Union of loco­ Handicapped Persons-Recreational activities, motive Enginemen, 1665, 1669, 1681. q 1504. Universal Life Church, 611, 613. Lotteries Gaming and Betting (Gaming Machines) Bill, 1307, 1552, 1555. U niversities- Petition-Proposed prison at Lara, 621. Deakin-Council, 1548, 1571, 1738, 1779. Racing- M onash-Council, 1548, 1571, 1738, 1779. General-Report of Victorian racing industry work­ ing party, 316. TAB annual report, q 1785. UP International Advertising, California, 751, 756. Horse-Alleged fixing of races, q 69. Urban Land Authority-Land sales, q 476. Goona­ Racing (Amendment) Bill (No. 2), 766, 878, 1527, warra estate, q 1003. 1530. Sport-Proposed national tennis centre for Mel- bourne, 201, q 689, q 914. Sunday football finals, q 318. Proposed national football league, q 402. v Professional boxing, q 403. Vaughan, Dr G. M. (Glenhuntly) Totalizator Agency Board-Annual report, q 1785. Adoption Bill (No. 2), 384. Victorian Football League-Sunday football finals, q 318. Banks-Foreign bank licences, q 472. Youth, Sport and Recreation- Children (Guardianship and Custody) Bill, 384. General-Proposed national tennis centre for Mel­ Electoral-Referendum, q 1500. bourne, 201, q 914. Football betting, q 911. Rec­ Infertility (Medical Procedures) Bill, 1820. reational activities for the disabled, q 1504. Litter Reduction Programme, 42. Grants and Subsidies-For proposed national tennis Melbourne-Financial centre, q 472. centre in Melbourne, q 689. For International Ministry, The-Premier's overseas visit, q 472. Youth Year, q 843. For special youth develop­ Petitions-Litter reduction programme, 42. Liquor ment workers, q 1569. Control Act, 153, 621. Youth, Sport and Recreation (Advisory Councils) Trading Hours-For alcoholic liquor, 153,621. Bill, 766, 881, 1483. Youth, Sport and Recreation (State Sports Council) Bill, Ill, 112,352. Victoria-Promotion by Premier, q 318, q 403. 150th anni versary celebrations, q ] 1 ] 4, q ] 498, q 1564. Tricontinental Corporation Ltd, 535, 539. Victorian Consumer Affairs Committee-Member­ ship, q 261. Trusts-Investments, 644. Victorian Dairy Industry Authority-Sale of milk, q 1112. Victorian Development Fund-Results, q 257. State U Development Account, q 541, q 616, q 1268. Unemployment (See "Employment and Training­ Victorian Economic Development Corporation-Fund­ Unemployment" .) ing of Queen Victoria Medical Centre project, Unions-Actors Equity, I. Builders Labourers Feder­ q 65. ation, q 32, q 34, q 37, q 68, q 323, q 541, 622, Victorian Farmers and Graziers Association-State­ 624,643, q 682, q 683, q 684, q 757,834,836,837, ment by Minister of Agriculture at Portland meet­ 838, q 841, q 842, q 843, q 913, 1263, 1265. Mis- ing, 445, 451. (46) INDEX

Victorian Football League-Sunday football finals, Want-of-Confidence Motions-In Minister of Health, q 318. (See also "Football", "Sport" and "Youth, 622,847. In Government, 1569, 1712. Sport and Recreation".) Water-Threat to Geelong supply, q 473. Thompson Victorian. Institute of Secondary Education-Higher dam, 672, 677, q 683. school certificate examination, 1665, 1667. Coun­ Water Safety-Marine search and rescue service, Tor­ cil. 1548, 1571, 1738, 1779. quay, 1664, 1668. Victorian Motor Schools Association-Driving licence Westemport Bay-Licensing offerry services, 448, 451. endorsement for automatic cars, 749, 754. Victorian Public Service Association-Stop-work meeting of Education Department staff, q 1004. Victorian Teachers Union-Special education units, q 1353. (See also "Education- Teachers".) Whiting, Mr M. S. (Mildura) Video Cassettes-Pornographic, q 35. "R" and "X"­ Adoption Bill (No. 2), 442, 579, 580, 584. rated, 1007. Australian League of RightS-Alleged infiltration of National and Liberal parties, 1691. W Australian Medical Council, q 1355. Children (Guardianship and Custody) Bill, 442, 579, Wallace, Mr T. W. (Gippsland South) 580,584. Appropriation (1984-85, No. 1) Bill, 965, 1052. Education (Amendment) Bill (No. 2), 1850. Chinatown Historic Precinct Bill, 948, 954, 956, 957. Ethnic Affairs Commission (Amendment) Bill, 55. Crown Land (Reserves) (Amendment) Bill, 1319. Euthanasia-Refusal of medical treatment legisla- Dairy Industry Bill, 279. tion, 42. Fundraising Appeals Bill, 121, 127, 129, 131, 132, Gippsland Base Hospital, q 842. 134. Mosquito Plague, 1676. Grievances, 626, 1691. National Parks (Further Amendment) Bill, 1325. Health (General Amendment) Bill, 931, 940, 941, Petition-Mosquito plague, 1676. 942,943. Police Department-Staff superannuation, q 1194. Health (Radiation Safety) Bill (No. 2), 809. South Yarra Project Bill, 1508. Hospitals-Staffing, 626. McClelland report, q 1674. Sport-Proposed national tennis centre for Mel­ Infertility (Medical Procedures) Bill, 1390, 1812, bourne, q 689. 1836, 1839, 1840, 1843, 1844, 1846. State Transport Authority-Gippsland line, q 259. Legal and Constitutional Committee-Reports pre­ Leongatha line, q 1456. sented: Subordinate Legislation (Deregulation) Bill, Tourism-Effects of mosquito plague in Gippsland 621; overseas court delays and remedies, 1786. Lakes area, 1676. Liberal Party-Alleged infiltration by Australian Youth, Sport and Recreation-Proposed national League of Rights, 1691. tennis centre for Melbourne, q 689. Loddon-Campaspe Regional Planning Authority BiIl,662. Walsh, Mr R. W. (Albert Park) Medical Practitioners (Further Amendment) Bill, 1383,1617,1619. Australian Bureau of Statistics-Industrial disputes, Medical Services-Nursing: Disputes, 626; training, q 1004. q 758. Australian Medical Council, q 1355. Hospitals-Prince Henry's, 41, 477. National Party-Alleged infiltration by Australian Industrial Affairs-Australian Bureau of Statistics League of Rights, 1691. figures on industrial disputes, q 1004. Petitions-Refusal of medical treatment legislation, Industrial Relations (Amendment) Bill (No. 2), 1397. 42. Liquor Control Act, 478, 1006. Law Department-Case of Peter John Lawless, 263. Points of Order-Answer to question not to be Petitions-Relocation of Prince Henry's Hospital, debated, 543. Time provided for debate under 41,477. Peter John Lawless, 263. Sessional Orders, 860. Ports-Trade statistics, q 149. Pre-school Teachers and Assistants (Portability of Road Traffic-Red light cameras at intersections, Long Service Leave) Bill, 1521, 1559, 1561, 1562. q 758. Royal Australian Nursing Federation-Disputes, 626. LEGISLATIVE ASSEMBLY (47)

Whiting, Mr M. S.-continued Williams, Mr M. T .-continued

State Transport Authority-Vinelander service, Appropriation(1984-85,No.I)Bill, 747, 789,1018, q 544. Mildura freight centre, q 911. 1019,1021,1061,1074, 1096. Trading Hours-For alcoholic liquor, 478, 1006. Audit (Amendment) Bill, 1301. Australian Labor Party-Raffles, 1445. Wilkes, Mr F. N. (Northcote) Children (Guardianship and Custody) Bill, 441. Adoption Bill-Concurrent debate, 135. Dairy Industry Bill, 281. Appropriation (1984-85, No. I) Bill, 1023. Education-Land for Templestowe Park Primary Canned Fruits Marketing (Amendment) Bill, 1247. School, 312. Children (Guardianship and Custody) Bill-Con- Electoral Rolls, 894, 1489. current debate, 135. Ethnic Affairs-Use of word "Christian" on forms, Chinatown Historic Precinct Bill, 1879. 1772. Constitution (Duration of Parliament) Bill (No. 2), Government-Media unit staff salaries, 1173. 344,496. Government Departments and Instrumentalities­ Crown Land (Reserves) (Amendment) Bill, 1883. Use of word "Christian" on forms, 1772. Dairy Industry-Milk: Zoning, q 1003; interstate Health (General Amendment) Bill, 937. sales, q 1112. Industrial Relations (Amendment) Bill (No. 2), 1394, Dairy Industry Bill, 285, 287, 288, 289, 291, 292, 1400, 1416, 1418. 294. 295, 296, 298, 299, 300, 305, 308, 310, 311, Infertility (Medical Procedures) Bill, 1828, 1837, 1756, 1757, 1758, 1759, 1762, 1879. 1848. Environment Protection (General Amendment) Bill, Land Tax (Amendment) Bill (No. 2), 1293. 884, 1640. Liquor Control (Amendment) Bill (No. 2), 1240, House Builders' Liability-Report, q 1785. 1241, 1412, 1433. Housing-House builders' liability, q 1785. Liquor Control (Booth Licences) Bill (No. 2), 102. Local Government Act-House builders' liability, Melbourne and Metropolitan Board of Works­ q 1785. Alleged misappropriation of petrol at Werribee Local Government (Long Service Leave) Bill, 114. sewerage farm, 142. Dispute with Templestowe Loddon-Campaspe Regional Planning Authority resident, 753. Bill, 547, 661, 663. Metropolitan Transit Authority-Term concession Melbourne Corporation (Election of Council) tickets for school children, 198. (Amendment) Bill, 97, 106, 107,520. Ministry, The-Overseas visit by Minister for Ministerial Statement-Municipal restructuring, 323. Industry, Commerce and Technology, q 1198. Municipalities- National Crime Authority (State Provisions) Bill, General-Restructuring, 323. Privilege of council:» 1803. lors' statements, 755. Award for service to local National Parks (Further Amendment) Bill, 923. government, q 912. Amalgamation, q 1453. Petition-Eastern Freeway extension, 1505. Hamilton-Rates, 1177. Points of Order-Offensive remark, 199. Reflection Oakleigh-Council inquiry, q 1113. by Minister, 997. Relevancy of remarks, 1395. National Parks (Further Amendment) Bill, 1881. Statements in debate, 1689. Rule of sub judice, Senate Elections (Amendment) Bill, 549. 1807. Valuation of Land (Valuations) Bill, 97, 107. Property and Services, Department of-Roll for Victorian Dairy Industry Authority-Sale of milk, Doncaster electorate, 894. q 1112. Questions on Notice-Answers, 995. Wheat Marketing Bill, 1548, 1556, 1754. Wheat Marketing (Home Consumption Price) Bill, Raffles and Bingo Permits Board-Permits for raf­ 992,1011,1751. fles, 1445. Wine Grape Processing Industry (Amendment) Bill, Road Construction Authority-George Street, Don­ 1247. caster, 611. Eastern Freeway extension, 1505. Withers, R. G., Ply Ltd, q 1003. State Bank-Sale of equity in Tricontinental Cor­ Woodruff's Dairies Ply Ltd, q 1003. poration Ltd, 535. State Bank (Amendment) Bill (No. 3), 50. Williams, Mr M. T. (Doncaster) Tricontinental Corporation Ltd, 535. Adoption Bill (No. 2), 441. (48) INDEX

Wilton, Mr J. T. (Broadmeadows) Workers Compensation-Cooney inquiry, 671, 676, q 687. Supplementation fund, q 689. Funding Budget for I 984-85-Priorities, q 40 I. basis, q 1191, q 1192, q 1194, q 1195, q 1268, Christmas Felicitations, 1891. q 1269, q 1270, q 1271, q 1273, q 1352, q 1451, Health-Broadmeadows community health centre, q 1497, q 1503, q 1504, q 1567, q 1568, q 1672. q 1456. Licensing of private insurer, q 1569. State Insur­ Housing-Goonawarra estate, q 1003. ance Office reports and accounts, q 1674. (See also Parliament-Services of officers, 1891. "State Insurance Office".) Urban Land Authority-Goonawarra estate, q 1003. y Youth, Sport and Recreation-Broadmeadows task force centre, q 1456. Youth, Sport and Recreation- General-Proposed national tennis centre for Mel­ bourne, 196, 201, q 688, q 914. Football betting, q 911. Broadmeadows task force centre, q 1456. Withers, R. G., Pty Ltd, q 1002. Recreational activities for the disabled, q 1504. Women-Equal opportunity, 673, 675. Latrobe Valley Grants and Subsidies-For proposed national tennis Women's Community Advancement Co-opera­ centre in Melbourne, q 689. For International tive Ltd, 892. Refuges, q 1357. Government's Youth Year, q 843. For special youth develop­ achievements, 1641. ment workers, q 1569. Wonthaggi-Pensions for former coal miners, 1177, Youth-International Youth Year, q 843, 1692. Site 1179. for Croydon youth facility, 1348, 1350. Develop­ Woodruft"s Dairies Pty Ltd, q 1002. ment workers, q 1569. LEGISLATIVE ASSEMBLY (49)

QUESTIONS ON NOTICE

List in numerical order of Questions on notice asked and answered in Legislative Assembly during period covered by this Index.

Abbreviations usedfor Ministerial Portfolios Arts Arts Assistant Minister of Transport Ass Min 0 Trans Attomey-General Att-Gen Community Welfare Services CWS Consumer Affairs Cons Affs Economic Development EcDev Education Ed Educational Services EdSvs Employment and Training E&T Ethnic Affairs Eth Affs Health Health Housing Hsg Industrial Affairs Ind Affs Indus~ry, Commerce and Technology I,C&T Labour and Industry L&I Local Government LocGovt Police and Emergency Services P&ES Premier Prem Property and Services Prop & Servs Public Works PubWks Transport Trans Treasurer Treas Youth, Sport and Recreation Y,S&R

Qn. Date No. Suhject-matter Asked hy Answered by Answered Page

61 Teachers Mr Richardson Mr Fordham (Ed) 4.9.84 203 229 Migrant Teachers Mr Richardson Mr Fordham (Ed) 4.9.84 203 303 Nuclear Activities MrWilliams Mr Mathews (Arts) 5.9.84 454 314 Accidents in Nuclear Power MrWilliams Mr Mathews (Arts) 5.9.84 454 Plants 533 Education Department Female MrWilliams Mr Fordham (Ed) 30.10.84 1896 Employees 555 Representation of Trade MrWilliams Mr Fordham (Ed) 4.9.84 213 Unions on Education Authorities 637 Ministry for the Arts MrWilliams Mr Mathews (Arts) 5.9.84 454 Publications 645 Representation of Trade MrWilliams Mr Mathews (Arts) 4.9.84 214 Unions in Ministry for the Arts 1188 Air-conditioning in Buildings Mr Williams Mr Mathews (Arts) 4.9.84 214 orMinistry for the Arts (50) INDEX

Questions on Notice-continued

Qn. Date No. Subject-matter Asked by Answered by Answered Page

1191 Advertising and Public Rela- MrWilliams Mr Mathews (Arts) 4.9.84 215 tions Services used by Min- istry for the Arts 1192 Funds Granted to Organiza- MrWilliams Mr Mathews (Arts) 4.9.84 215 tions by Ministry for the Arts 1380 Law Department Instruction MrWilliams Mr Cain (Prem) 4.9.84 216 Manuals 1473 Ministry for the Arts Instruc- MrWilliams Mr Mathews (Arts) 5.9.84 456 tion Manuals 1488 Instruction Manuals of Energy MrWilliams Mr Mathews (Arts) 4.9.84 216 Authorities 1669 Misleading and Harassment of MrWilliams Mr Simmonds (E & T) 4.9.84 216 Job Applicants 1903 Dentures Supplied by Mel- MrWilIiams Mr Roper (Health) 4.9.84 216 bourne Hospitals 2050 Franchise Fees of Retailers MrWilliams Mr Spyker (Cons Affs) 4.9.84 217 2133 Prosecutions Launched under MrBrown Mr Spyker (Cons Affs) 2.11.84 1914 Consumer Affairs Act 2182 Ministry of Transport Discre- Mr Brown Mr Crabb (Trans) 5.9.84 456 tionary Funds 2250 Equal Opportunity Programme MrWiIliams Mr Mathews (Arts) 4.9.84 217 2257 Ministry for the Arts Reviews MrWiIliams Mr Mathews (Arts) 4.9.84 218 2258 Lands Department Reviews MrWilliams Mr Cathie (Hsg) 2.11.84 1914 2260 Education Department MrWiIliams Mr Fordham (Ed) 4.9.84 218 Reviews 2265 Department of Management MrWilliams Mr Jolly (Treas) 4.9.84 218 and Budget Reviews 2281 Ministry for the Arts Purchases Mr WiIliams Mr Mathews (Arts) 4.9.84 219 2334 Staffing of High and Technical MrWilliams Mr Fordham (Ed) 4.9.84 219 Schools 2336 Student Numbers Mr Jona Mr Fordham (Ed) 13.9.84 468 2356 Community Welfare Services M r Salt marsh Mrs Toner (CWS) 4.9.84 220 Allocations 2424 Entry to Private Premises MrWilliams Mr Jolly (Treas) 4.9.84 220 2508 Superannuation Funds Mr Williams Mr Jolly (Treas) 5.9.84 457 2521 Interpreters for Health Services Mr Richardson Mr Roper (Health) 4.9.84 222 2525 Ethnic Teacher Aides Mr Richardson Mr Fordham (Ed) 4.9.84 222 2527 Community Languages Mr Richardson Mr Fordham (Ed) 5.9.84 457 2538 Interpreters at Law Courts Mr Richardson Mr Cain (Prem) 2.11. 84 1904 2539 Legal Documents in Major Mr Richardson Mr Cain (Prem) 2.11. 84 1904 Community Languages 2541 Anomalies in Civil Rights Mr Richardson Mr Cain (Prem) 4.9.84 224 2542 Naturalization Residency Mr Richardson Mr Cain (Prem) . 4.9.84 224 Requirement 2543 Migration Act Deportation Mr Richardson Mr Cain (Prem) 4.9.84 225 Provisions 2546 Ethnic Information Offices Mr Richardson Mr Spyker (Eth Affs) 4.9.84 225 2571 House-cladding Products Mr Richardson Mr Spyker (Cons Affs) 3.10.84 905 2579 BaHarat North Railway Mr A. T. Evans Mr Crabb (Trans) 5.9.84 458 Workshops LEGISLATIVE ASSEMBLY (51)

Questions on Notice-continued

QII. Date "'0. Suhjecl-maller Asked by Answered by Answered Page

2598 Radiotherapy Treatment for Mr Dickinson Mr Roper (Health) 4.9.84 225 Cancer 2599 Cancer Treatment in Geelong Mr Dickinson Mr Roper (Health) 4.9.84 225 Region 1606 Transport Administration Mr A. T. Evans Mr Simpson (L & I) 19.9.84 680 Operations 1608 School Principals Mr Dickinson Mr Fordham (Ed) 4.9.84 226 1610 Pensioner Gas Concessions Mr Dickinson Mr Mathews (Arts) 4.9.84 226 2634 Injuries to Management and Mr WiIliams Mr Jolly (Treas) 4.9.84 227 Budget Employees 1635 Injuries to Employees of Min- MrWiIliams Mr Mathews (Arts) 4.9.84 228 istry for the Arts 1636 Injuries to Ministry of Police MrWilliams Mr Mathews (P & ES) 4.9.84 228 and Emergency Services Employees 2643 Use of Day Labour by Minis- MrWiIliams Mr Mathews (Arts) 2.11.84 1904 try for the Arts 2644 Use of Day Labour by Energy MrWilliams Mr Mathews (Arts) 4.9.84 229 Authorities 2652 Community Welfare Services MrWilliams Mrs Toner (CWS) 5.9.84 458 Entertainment Expenditure 2667 Overseas Trips by Officers of MrWilliams Mr Mathews (Arts) 4.9.84 229 Ministry for the Arts 1675 Wards of the State MrWilliams Mrs Toner (CWS) 25.10.84 1495 2688 Ministry of Transport Mr Williams Mr Crabb (Trans) 5.9.84 458 Expenditure 2690 Ministry for the Arts MrWilliams Mr Mathews (Arts) 4.9.84 229 Expenditure 2693 Laws Administered by Educa- MrWilliams. Mr Fordham (Ed) 4.9.$4 230 tion Department 2694 Laws Administered by Minis- MrWilliams Mr Mathews (Arts) 11.9.84 466 try for the Arts 2712 Derailments on Victorian Rail MrDelzoppo Mr Crabb (Trans) 5.9.84 458 System 2713 Selection of School Principals Mr Jona Mr Fordham (Ed) 4.9.84 230 2724 Ministerial Task Force on Mr Jona Mr Roper (Health) 4.9.84 231 Health Promotion 2727 Department of Community Mr Jona Mrs Toner (CWS) 12.9.84 467 Welfare Services Consultants 2737 "Spot Purchases" within Mor- Mr Templeton Mr Cathie (Hsg) 4.9.84 232 dialloc City 1748 Petrol Prices Mr Kempton Mr Spyker (Cons Affs) 2.11.84 1914 2757 Geelong Transit Authority Mr Dickinson Mr Crabb (Trans) 5.9.84 459 2761 Education Costs Mr Jona Mr Fordham (Ed) 13.9.84 468 2767 Counter Disaster Planning Mr Ebery Mr Mathews (P & ES) 4.9.84 232 2768 Fire Fighting Mr Ebery Mr Mathews (P & ES) 4.9.84 232 2770 State Emergency Service Mr Ebery Mr Mathews (P & ES) 4.9.84 233 2781 T AFE Colleges Mr Williams Mr Fordham (Ed) 13.9.84 468 2823 Housing Spot Purchase Mr Brown Mr Cathie (Hsg) 2.10.84 900 Programme 2838 Uranium Enrichment Plants Mr WilIiams Mr Mathews (Arts) 5.9.84 459 (52) INDEX

Questions on Notice-continued

QIl. Date No. Subject-matter Asked by Answered by Answered Page 2844 Training and Employment for Mr Williams Mr Mathews (P & ES) 4.9.84 233 Aborigines 2850 Private Land Resumed by the MrWilliams Mr Cathie (Hsg) 11.9.84 466 Crown 2855 Holiday Shacks in National MrKempton Mr Cathie (Hsg) 4.9.84 233 Park at Cape Conran 2857 Use of Hospital Facilities MrKempton Mr Roper (Health) 4.9.84 234 2863 Bass Strait Petroleum Royalties MrWilliams Mr Mathews (Arts) 4.9.84 234 2878 Visual Display Units MrWilliams Mr Mathews (Arts) 4.9.84 234 2905 Auditor-General's Report MrWilliams Mr Mathews (Arts) 18.9.84 679 2913 Auditor-General's Reports MrWilliams Mrs Toner (CWS) 5.9.84 459 2945 Breaches of Acts and MrWilliams Mr Spyker (Cons Affs) 4.9.84 235 Regulations 2949 Implementation of Australian MrWilliams Mr Fordham (Ed) • 4.9.84 235 Labor Party Policies 2954 Australian Labor Party Policies MrWilliams Mr Crabb (Trans) 5.9.84 460 3007 Cottage by the Sea, Queenscliff Mr Dickinson Mrs Toner (CWS) 23.10.84 1491 3009 Dental Study Mrs Patrick Mr Roper (Health) 6.9.84 465 3010 Answers to Questions on Mr Richardson Mr Fordham (Ed) 4.9.84 235 Notice 3011 Answers to Questions on Mr Richardson Mr Roper (Health) 4.9.84 . 235 Notice 3014 Answer to Question on Notice Mr Richardson Mr Spyker (Cons Affs) 3.10.84 ~ 905 3020 Crimes Reported to Broad- MrGavin Mr Mathews (P & ES) 4.9.84 of 235 meadows Police Station 3021 Migrant Intake MrGavin Mr Spyker (Eth Affs) 4.9.84 236 3022 Australian Citizenship MrGavin Mr Spyker (Eth Affs) 4.9.84 237 Certificates 3023 Crimes Reported to Police MrGavin Mr Mathews (P & ES) 4.9.84 238 Stations 3024 Public Rental Housing Mr Brown Mr Cathie (Hsg) , 4.9.84 238 3025 Dwellings Constructed on the Mr Brown Mr Cathie (Hsg) 2.11.84 1915 Basis of Infill Projects 3027 Costs of Cylinder Gas MrKempton Mr Mathews (Arts) 4.9.84 239 3030 New Positions in Ministry of Mr Kennett Mr Crabb (Trans) 5.9.84 460 Transport 3031 Fees for Community Welfare Mr Saltmarsh Mrs Toner (CWS) 4.9.84 240 Services 3032 School Conveyance Allowance Mrlona Mr Fordham (Ed) . 4.9.84 240 3033 State Schools Nursery Mrlona Mr Fordham (Ed) 4.9.84 240 3037 Teacher Unions Mr Iona Mr Fordham (Ed) 4.9.84 240 3038 Funding of Corrective Mr Saltmarsh Mrs Toner (CWS) 5.9.84 460 Institutions 3040 Health Commission Pamphlet MrLeigh Mr Roper (Health) 4.9.84 241 3043 Staff Appointments in Depart- Mr Austin Mr Wilkes (Loc Govt) 2.10.84 900 ment of Agriculture 3046 Tertiary Students MrHann Mr Fordham (Ed) 4.9.84 241 3049 Residences Owned by the MrBrown Mr Fordham (Ed) 5.9.84 461 Education Department 3050 Vacant Residences Owned by MrBrown Mr Mathews (Arts) 4.9.84 242 the Department of Minerals and Energy and Energy Authorities LEGISLATIVE ASSEMBLY (53)

Questions on Notice-continued

QIl. Date l\'o. Suhjl'l'l-mal1er Asked h.\' Allsu'('/"ed hy Answered Page

3051 Vacant Residences Owned by MrBrown Mr Cathie (Hsg) 4.9.84 242 Director of Housing 3053 Vacant Residences Under Mr Brown Mr Cathie (Hsg) 2.10.84 901 Control of Minister for Con- servation, Forests and Lands 3054 Vacant Residences Owned by Mr Brown Mr Mathews (P & ES) 4.9.84 242 Ministry of Police and Emergency Services 3055 Ministry of Health Residences Mr Brown Mr Roper (Health) 9.10.84 1181 3056 Vacant Residences Owned by Mr Brown Mr Simpson (L & I) 4.9.84 243 Department of Labour and Industry 3060 Vacant Residences Owned by MrBrown Mr Simpson (L & I) 4.9.84 243 Public Works Department 3061 Vacant Residences Owned by MrBrown Mr Wilkes (Loc Govt) 4.9.84 243 Ministry for Planning and Environment 3063 Vacant Residences Owned by MrBrown Mr Wilkes (Loc Govt) 2.10.84 901 Department of Agriculture "- 3065 Pay-roll Tax Mr Ramsay Mr Jolly (Treas) 5.9.84 462 3066 Transport Assets Sold by MrRamsay Mr Crabb (Trans) 1.11.84 1902 Government 3068 Additional Public Servants Mr A.T. Evans Mr Cain (Prem) 4.9.84 243 3069 Trappers Employed by Mr Hockley Mr Wilkes (Loe Govt) 5.9.84 462 Government 3071 Suspension of Pupils Mr Jona Mr Fordham (Ed) 4.9.84 244 3074 Office Space Rented or Leased Mr Ebery Mr Simpson (L & I) 4.9.84 244 by Public Works Department 3075 Breaches of Fairway System Mr Leigh Mr Mathews (P & ES) 23.10.84 1491 3077 Planning Controls in Eildon Mr McNamara Mr Wilkes (Loe Govt) 4.9.84 248 Area 3078 Bungaree-Creswick Rd, West- Mr A. T. Evans Mr Crabb (Trans) 10.10.84 1185 ern Highway Overpass 3080 Russian Fishing Fleet Mr Dickinson Mr Cain (Prem) 4.9.84 249 3081 Royal Coat of Arms Mr Dickinson Mr Cain (Prem) 4.9.84 249 3082 Crown Land in Dorman Street, Mr Dickinson Mr Cathie (Hsg) 4.9.84 249 Lome 3085 Massage Parlours Mr McGrath Mr Wilkes (Loc Govt) 4.9.84 249 3092 Carcass Classification Mr Austin Mr Wilkes (Loe Govt) 11.9.84 466 3093 Victorian Flag and Coat of Mr Delzoppo Mr Cain (Prem) 4.9.84 249 Arms 3094 Cattle Compensation Mr Delzoppo Mr Wilkes (Loc Govt) 4.9.84 250 3096 "Victoria. State of Achieve- Mr Leigh Mr Cain (Prem) 4.9.84 250 ment" Booklet 3097 "Victoria. The Next Step" Mr Leigh Mr Cain (Prem) 4.9.84 250 Booklet 3098 Werribee Park Mr Delzoppo Mr Cain (Prem) 5.9.84 462 3099 Dental Study Mrs Patrick Mr Roper (Health) 6.9.84 465 3100 Department of Management Mr Kennett Mr Jolly (Treas) 4.9.84 251 and Budget Estimates (54) INDEX Questions on Notice-continued

QIl. Date 1\'0. Subject-matter Asked by Answered by Answered Page

3101 Workers Compensation Mr Kennett Mr Jolly (Treas) 5.9.84 463 Premiums 3102 Abortion MrWilliams Mr Roper (Health) 5.9.84 463 3104 Construction and Mainte- Mr Maclellan Mr Crabb (Trans) 2.10.84 901 nance Works 3105 ··Victoria. State of Achiev- MrBrown Mr Cain (Prem) 4.9.84 251 ment" Publication 3106 Technical • and Further MrKempton Mr Fordham (Ed) 4.9.84 252 Education 3107 Renal Advisory Committee MrKempton Mr Roper (Health) 4.9.84 252 3108 Supply of Transformers by MrKempton Mr Mathews (P & ES) 4.9.84 252 State Electricity Commission 3109 Supply of Power Poles by State MrKempton Mr Mathews (P & ES) 4.9.84 253 Electricity Commission 3110 Abolition of Vaccination in MrDelzoppo Mr Roper (Health) 5.9.84 463 Schools 3111 Aboriginal Housing Board MrMcGrath MrCain (Prem) 5.9.84 464 3112 Maintenance Grants to MrsSibree Mr Roper (Health) 5.9.84 464 Kindergartens 3115 Consumer Affairs Committee Mr Richardson Mr Spyker (Cons Affs) 2.11.«4 1916 3118 "Victoria. The Next Step" Mr Richardson Mr Spyker (Eth Affs) 2.11.84 1916 Document 3119 Infant Welfare Nurses MrsSibree Mr Roper (Health) 9.10.84 1181 3121 Instruction in Japanese MrJona Mr Fordham (Ed) 13.9.84 469 3122 Education Funding MrJona Mr Fordham (Ed) 2.10.84 903 3123 Education Funding from MrJona Mr Fordham (Ed) 2.11.84 1916 Commonwealth Govern- ment 3124 Technical and Further Educa- MrJona Mr Fordham (Ed) 2.10.84 903 tion Institutions 3126 Bungaree Overpass on West- Mr A. T. Evans Mr Crabb (Trans) 10.10.84 1185 ern Highway 3127 Municipal Elections in City of Mrs Patrick Mr Wilkes (Loc Govt) 2.10.84 904 Essendon 3129 Loans Granted by Victorian Mr Dickinson Mr Cathie (I, C & T) 1. 11. 84 1902 Development Corporation 3132 De Facto Partner Travel Mr Dickinson Mr Cain (Prem) 2.11. 84 1906 Allowance for Parlia- mentarians 3134 Appointments to Statutory MrMcNamara Mr Wilkes (Loc Govt) 31.10.84 1900 Bodies and Commodity Bodies 3136 Amusement Centre at 123 MrDelzoppo Mr Wilkes (Loc Govt) 20.9.84 681 Kangaroo Road, Oakleigh 3137 Amusement Centre at 123 ~r !?elzoppo Mr \Vilkes (Loc Govt) 2.11.84 1917 Kangaroo Road, Oakleigh- - 3165 Geelong and District Nursing Mr Dickinson Mr Roper (Health) 30.10.84 1898 Society 3167 Burglaries in Barwon District Mr Dickinson Mr Mathews (P & ES) 23.10.84 1491 3168 Sand Dunes at Point Impos- Mr Dickinson Mr Wilkes (Loc Govt) 2.11.84 1918 sible and Point Addis 3169 Inter-Departmental Review on MrTanner Mr Fordham (Ed) 2.11.84 1918 Conveyance of Pupils 3170 Government's Economic Mr Austin Mr Jolly (Treas) 2.10.84 904 Strategy Plan LEGISLATIVE ASSErvi~LY (55)

Questions on Notice-continued

QI1. Dale J\'o. Subject-maller Asked hy Answered hy Answered Page

3171 Renovations to Queen's Hall Mr Dickinson Mr Simpson (L & I) 10.10.84 1185 and Legislative Assembly 3172 Answer to Question on Notice Mr Dickinson Mr Wilkes (Lac Govt) 10.10.84 1185 3173 Additional Employees on Mr A. T. Evans Mr Cain (Prem) 2.11.84 1905 Government Pay-roll 3181 State Electricity Commission Mr Williarms Mr Mathews (Arts) 2.11.84 1919 and Gas 'and Fuel Cor­ poration 3183 Funding of Superannuation Mr Williarms Mr Mathews (Arts) 24.10.84 1494 Schemes 3186 Immigration Scheme MrHann Mr Cathie (I & CT) 10.10.84 1186 3188 National Park at Cape Conran Mr Kempton Mr Cathie (Hsg) 11.10.84 1189 3190 Child Care Centres MrsSibree Mr Roper (Health) 23.10.84 1491 3191 Appointment of Valerie Joy MrBrown Mr Cain (Prem) 2.11.84 1905 Callister to Environment Council 3193 Removal of Honorary Justices MrKempton Mr Cain (Prem) 2.11.84 1923 from Magistrates Court Bench 3194 Magistrates Courts MrKempt(l)n Mr Cain (Prem) 2.11.84 1923 3196 Cattle Sold by the Board of MrWilliams Mr Roper (Health) 26.10.84 1496 Works 3197 Board of Works Cattle MrWilliams Mr Simpson (L & I) 10.10.84 1187 3198 Board of Works Cattle MrWilliams Mr Simpson (L & I) 10.10.84 1I87 3199 Board of Works Cattle MrWilliams Mr Simpson (L & I) 10.10.84 1187 3202 Granny Flat Accommodation MrBrown Mr Cathie (Hsg) 2.11.84 1923 3204 Land Conservation Council MrWilIiams Mr Cathie (Hsg) 30.10.84 1898 3207 Amalgamation of Munici- Mr A. T. Evans Mr Wilkes (Lac Govt) 2.10.84 904 palities 3213 Leasing of Police Vehicles MrLeigh Mr Jolly (Treas) 2.10.84 904 3214 Leasing of Police Vehicles Mr Leigh Mr Mathews (P & ES) 23.10.84 1491 3215 Building Inspection Services MrDelzoppo Mr Wilkes (Lac Govt) 23.10.84 1492 3218 Fluorine in Atmosphere MrDickin~n Mr Wilkes (Lac Govt) 2.11.84 1924 3221 Workers Compensation Board MrDickin~n Mr Jolly (Treas) 1. 11. 84 1903 3223 Rodney Electorate MrHann Mr Cain (Prem) 2.11.84 1905 3224 Rodney Electorate MrHann Mr Simpson (P & S) 23.10.84 1492 3226 Rodney Electorate MrHann Mr Cathie (Hsg) 31.10.84 1901 3227 Rodney Electorate MrHann Mr Mathews (Arts) 23.10.84 1492 3228 Rodney Electorate MrHann Mr Mathews (P & ES) 30.10.84 1899 3229 Rodney Electorate MrHann Mr Wilkes (Lac Govt) 23.10.84 1492 3230 Rodney Electorate MrHann Mr Spyker (Eth Affs) 31.10.84 1901 3231 Rodney Electorate MrHann Mr Simpson (L & I) 31.10.84 1901 3232 Rodney Electorate MrHann Mr Cathie (Hsg) 26.10.84 1496 3233 Rodney Electorate MrHann Mr Cain (Prem) 2.11.84 1905 3234 Rodney Electorate MrHann Mr Jolly (Treas) 30.10.84 1899 3235 Health Funds in Rodney MrHann Mr Roper (Health) 2.11.84 1924 Electorate 3236 Rodney Electorate MrHann Mr Trezise (Y, S & R) 30.10.84 1899 3237 Rodney Electorate MrHann Mr Cathie (I, C & T) 1. 11. 84 1903 3238 Rodney Electorate MrHann Mr Cain (Prem) 26.10.84 1496 3239 Consumer Affairs Funds in MrHann Mr Spyker (Cons Affairs) 2.11. 84 1924 Rodney Electorate (56) INDEX

Questions on Notice-continued

QIl. Date A't>. Subject-matter Asked hy Answered hy .-lnslI'ered Page

3240 Employment and Training MrHann Mr Simmonds (E & T) 2.11.84 1925 Funds in Rodney Electorate 3241 Rodney Electorate MrHann Mr Simpson (L & I) 23.10.84 1493 3242 Rodney Electorate MrHann Mr Simpson (L & I) 23.10.84 1493 3243 Planning and Environment MrHann Mr Wilkes (Loc Govt) 2.11.84 1925 Funds in Rodney Electorate 3244 Education Funds in Rodney MrHann Mr Fordham (Ed) 2.11.84 1925 Electorate 3245 Rodney Electorate MrHann Mr Wilkes (Loc Govt) 23.10.84 1493 3246 Rodney Electorate MrHann Mr Mathews (Arts) 24.10.84 1494 3251 Laverton North Offensive MrLeigh Mr Wilkes (Loc Govt) 2.11.84 1925 Industrial Zone 3252 Housing for Werribee MrLeigh Mr Cathie (Hsg) 2.11. 84 1925 3253 Unemployment Rates MrLeigh Mr Simmonds (E & T) 2.11.84 1926 3254 Hospital Beds MrLeigh Mr Roper (Health) 2.11.84 1926 3255 Toxic Waste Facilities MrLeigh Mr Wilkes (Loc Govt) 2.11. 84 1926 3260 Metals and Engineering Indus- MrErnst Mr Simmonds (E & T) 2.11.84 1906 try Development Committee 3261 Employment Initiatives MrMcDonald Mr Simmonds (E & T) 2.11.84 1907 3262 Affirmative Employment Mrs Setches Mr Simmonds (E & T) 2.11.84 1909 Programme 3263 Extended Shop Trading Hours MrKempton Mr Simpson (L & I) 2.11.84 1927 3264 Extended Shop Trading Hours MrKempton Mr Simpson (L & I) 2.11.84 1927 3267 Government-owned houses in MrKempton Mr Cathie (Hsg) 2.11.84 1927 Warrnambool electorate 3268 Unemployment Initiatives Miss Callister Mr Simmonds (E & T) 2.11.84 1910 3269 Industrial Supplies Office MrErnst Mr Simmonds (E & T) 2.11.84 1911 3270 Short-term Job Creation MrErnst Mr Simmonds (E & T) 2.11.84 1912 3271 Mental Hospitals Mr Lieberman Mr Roper (Health) 2.11.84 1927 3277 Public Rental Housing in MrKempton Mr Cathie (Hsg) 2.11.84 1928 Warrnambool 3308 Newmarket Saleyards Re- Mr Dickinson Mr Cathie (I, C & T) 2.11.84 1929 development Project

By Authority F D Atkinson Government Printer Melbourne