EXTRACT FROM BOOK
PARLIAMENT OF VICTORIA
PARLIAMENTARY DEBATES (HANSARD)
LEGISLATIVE COUNCIL
FIFTY-SIXTH PARLIAMENT
FIRST SESSION
Tuesday, 13 October 2009 (Extract from book 14)
Internet: www.parliament.vic.gov.au/downloadhansard
By authority of the Victorian Government Printer
The Governor Professor DAVID de KRETSER, AC
The Lieutenant-Governor The Honourable Justice MARILYN WARREN, AC
The ministry
Premier, Minister for Veterans’ Affairs and Minister for Multicultural Affairs...... The Hon. J. M. Brumby, MP
Deputy Premier, Attorney-General and Minister for Racing...... The Hon. R. J. Hulls, MP
Treasurer, Minister for Information and Communication Technology, The Hon. J. Lenders, MLC and Minister for Financial Services......
Minister for Regional and Rural Development, and Minister for Skills and Workforce Participation...... The Hon. J. M. Allan, MP
Minister for Health...... The Hon. D. M. Andrews, MP
Minister for Community Development and Minister for Energy and Resources...... The Hon. P. Batchelor, MP
Minister for Police and Emergency Services, and Minister for Corrections...... The Hon. R. G. Cameron, MP
Minister for Agriculture and Minister for Small Business...... The Hon. J. Helper, MP
Minister for Finance, WorkCover and the Transport Accident Commission, Minister for Water and Minister for Tourism and Major Events...... The Hon. T. J. Holding, MP
Minister for Environment and Climate Change, and Minister for Innovation...... The Hon. G. W. Jennings, MLC
Minister for Public Transport and Minister for the Arts...... The Hon. L. J. Kosky, MP
Minister for Planning...... The Hon. J. M. Madden, MLC
Minister for Sport, Recreation and Youth Affairs, and Minister Assisting the Premier on Multicultural Affairs...... The Hon. J. A. Merlino, MP
Minister for Children and Early Childhood Development, and Minister for Women’s Affairs...... The Hon. M. V. Morand, MP
Minister for Mental Health, Minister for Community Services and Minister for Senior Victorians...... The Hon. L. M. Neville, MP
Minister for Industry and Trade, and Minister for Industrial Relations.... The Hon. M. P. Pakula, MLC
Minister for Roads and Ports, and Minister for Major Projects...... The Hon. T. H. Pallas, MP
Minister for Education...... The Hon. B. J. Pike, MP
Minister for Gaming, Minister for Consumer Affairs and Minister Assisting the Premier on Veterans’ Affairs...... The Hon. A. G. Robinson, MP
Minister for Housing, Minister for Local Government and Minister for Aboriginal Affairs...... The Hon. R. W. Wynne, MP
Cabinet Secretary...... Mr A. G. Lupton, MP
Legislative Council committees Legislation Committee — Mr Atkinson, Ms Broad, Mrs Coote, Mr Drum, Ms Mikakos, Ms Pennicuik and Ms Pulford. Privileges Committee — Ms Darveniza, Mr D. Davis, Mr Drum, Mr Jennings, Ms Mikakos, Ms Pennicuik and Mr Rich-Phillips. Select Committee on Train Services — Mr Atkinson, Mr Barber, Mr Drum, Ms Huppert, Mr Leane, Mr O’Donohue and Mr Viney. Standing Committee on Finance and Public Administration — Mr Barber, Ms Broad, Mr Guy, Mr Hall, Mr Kavanagh, Mr Rich-Phillips and Mr Viney. Standing Orders Committee — The President, Mr Dalla-Riva, Mr D. Davis, Mr Hall, Mr Lenders, Ms Pennicuik and Mr Viney. Joint committees Dispute Resolution Committee — (Council): Mr D. Davis, Mr Hall, Mr Jennings, Mr Lenders and Ms Pennicuik. (Assembly): Mr Batchelor, Mr Cameron, Mr Clark, Mr Holding, Mr Lupton, Mr McIntosh and Mr Walsh. Drugs and Crime Prevention Committee — (Council): Mrs Coote, Mr Leane and Ms Mikakos. (Assembly): Ms Beattie, Mr Delahunty, Mrs Maddigan and Mr Morris. Economic Development and Infrastructure Committee — (Council): Mr Atkinson, Mr D. Davis and Mr Tee. (Assembly): Ms Campbell, Mr Crisp, Mr Lim and Ms Thomson. Education and Training Committee — (Council): Mr Elasmar and Mr Hall. (Assembly): Mr Dixon, Dr Harkness, Mr Herbert, Mr Howard and Mr Kotsiras. Electoral Matters Committee — (Council): Ms Broad, Mr P. Davis and Mr Somyurek. (Assembly): Ms Campbell, Mr O’Brien, Mr Scott and Mr Thompson. Environment and Natural Resources Committee — (Council): Mrs Petrovich and Mr Viney. (Assembly): Ms Duncan, Mrs Fyffe, Mr Ingram, Ms Lobato, Mr Pandazopoulos and Mr Walsh. Family and Community Development Committee — (Council): Mr Finn and Mr Scheffer. (Assembly): Ms Kairouz, Mr Noonan, Mr Perera, Mrs Powell and Ms Wooldridge. House Committee — (Council): The President (ex officio), Mr Atkinson, Ms Darveniza, Mr Drum, Mr Eideh and Ms Hartland. (Assembly): The Speaker (ex officio), Ms Beattie, Mr Delahunty, Mr Howard, Mr Kotsiras, Mr Scott and Mr K. Smith. Law Reform Committee — (Council): Mrs Kronberg and Mr Scheffer. (Assembly): Mr Brooks, Mr Clark, Mr Donnellan, Mr Foley and Mrs Victoria. Outer Suburban/Interface Services and Development Committee — (Council): Mr Elasmar, Mr Guy and Ms Hartland. (Assembly): Ms Green, Mr Hodgett, Mr Nardella, Mr Seitz and Mr K. Smith. Public Accounts and Estimates Committee — (Council): Mr Dalla-Riva, Ms Huppert, Ms Pennicuik and Mr Rich-Phillips. (Assembly): Ms Munt, Mr Noonan, Mr Scott, Mr Stensholt, Dr Sykes and Mr Wells. Road Safety Committee — (Council): Mr Koch and Mr Leane. (Assembly): Mr Eren, Mr Langdon, Mr Tilley, Mr Trezise and Mr Weller. Rural and Regional Committee — (Council): Ms Darveniza, Mr Drum, Ms Lovell, Ms Tierney and Mr Vogels. (Assembly): Ms Marshall and Mr Northe. Scrutiny of Acts and Regulations Committee — (Council): Mr Eideh, Mr O’Donohue, Mrs Peulich and Ms Pulford. (Assembly): Mr Brooks, Mr Carli, Mr Jasper, Mr Languiller and Mr R. Smith. Heads of parliamentary departments Assembly — Clerk of the Parliaments and Clerk of the Legislative Assembly: Mr R. W. Purdey Council — Clerk of the Legislative Council: Mr W. R. Tunnecliffe Parliamentary Services — Secretary: Dr S. O’Kane
MEMBERS OF THE LEGISLATIVE COUNCIL FIFTY-SIXTH PARLIAMENT — FIRST SESSION
President: The Hon. R. F. SMITH Deputy President: Mr BRUCE ATKINSON Acting Presidents: Mr Eideh, Mr Elasmar, Mr Finn, Mr Leane, Ms Pennicuik, Mrs Peulich, Ms Pulford, Mr Somyurek and Mr Vogels Leader of the Government: Mr JOHN LENDERS Deputy Leader of the Government: Mr GAVIN JENNINGS Leader of the Opposition: Mr DAVID DAVIS Deputy Leader of the Opposition: Ms WENDY LOVELL Leader of The Nationals: Mr PETER HALL Deputy Leader of The Nationals: Mr DAMIAN DRUM
Member Region Party Member Region Party Atkinson, Mr Bruce Norman Eastern Metropolitan LP Leane, Mr Shaun Leo Eastern Metropolitan ALP Barber, Mr Gregory John Northern Metropolitan Greens Lenders, Mr John Southern Metropolitan ALP Broad, Ms Candy Celeste Northern Victoria ALP Lovell, Ms Wendy Ann Northern Victoria LP Coote, Mrs Andrea Southern Metropolitan LP Madden, Hon. Justin Mark Western Metropolitan ALP Dalla-Riva, Mr Richard Alex Gordon Eastern Metropolitan LP Mikakos, Ms Jenny Northern Metropolitan ALP Darveniza, Ms Kaye Mary Northern Victoria ALP O’Donohue, Mr Edward John Eastern Victoria LP Davis, Mr David McLean Southern Metropolitan LP Pakula, Hon. Martin Philip Western Metropolitan ALP Davis, Mr Philip Rivers Eastern Victoria LP Pennicuik, Ms Susan Margaret Southern Metropolitan Greens Drum, Mr Damian Kevin Northern Victoria Nats Petrovich, Mrs Donna-Lee Northern Victoria LP Eideh, Mr Khalil M. Western Metropolitan ALP Peulich, Mrs Inga South Eastern Metropolitan LP Elasmar, Mr Nazih Northern Metropolitan ALP Pulford, Ms Jaala Lee Western Victoria ALP Finn, Mr Bernard Thomas C. Western Metropolitan LP Rich-Phillips, Mr Gordon Kenneth South Eastern Metropolitan LP Guy, Mr Matthew Jason Northern Metropolitan LP Scheffer, Mr Johan Emiel Eastern Victoria ALP Hall, Mr Peter Ronald Eastern Victoria Nats Smith, Hon. Robert Frederick South Eastern Metropolitan ALP Hartland, Ms Colleen Mildred Western Metropolitan Greens Somyurek, Mr Adem South Eastern Metropolitan ALP Huppert, Ms Jennifer Sue1 Southern Metropolitan ALP Tee, Mr Brian Lennox Eastern Metropolitan ALP Jennings, Mr Gavin Wayne South Eastern Metropolitan ALP Theophanous, Hon. Theo Charles Northern Metropolitan ALP Kavanagh, Mr Peter Damian Western Victoria DLP Thornley, Mr Evan William2 Southern Metropolitan ALP Koch, Mr David Frank Western Victoria LP Tierney, Ms Gayle Anne Western Victoria ALP Kronberg, Mrs Janice Susan Eastern Metropolitan LP Viney, Mr Matthew Shaw Eastern Victoria ALP Vogels, Mr John Adrian Western Victoria LP
1 Appointed 3 February 2009 2 Resigned 9 January 2009
CONTENTS
TUESDAY, 13 OCTOBER 2009 GAMBLING REGULATION FURTHER AMENDMENT BILL CONDOLENCES Second reading ...... 4867 Indonesia and Samoa: natural disasters ...... 4845 Committee ...... 4876 Hon. Brian William Mier ...... 4845 Third reading ...... 4878 ROYAL ASSENT...... 4847 POLICE REGULATION AMENDMENT BILL Second reading ...... 4878 QUESTIONS WITHOUT NOTICE Bushfires: arsonists...... 4847, 4848 ADJOURNMENT Employment: government initiatives ...... 4848 Rooming houses: task force report...... 4889 Housing: Moorabbin...... 4849, 4850 Government: advertising ...... 4890 Financial services: government initiatives...... 4851 Public transport: myki ticketing system ...... 4891 Planning: urban density...... 4851, 4852 Bushfires: preparedness ...... 4891 Climate change: California conference ...... 4853 Schools: Seymour...... 4891 Planning: growth areas infrastructure Skills training: tertiary courses ...... 4892 contribution...... 4854, 4855 Roads: emergency repairs...... 4893 Singapore Airlines: Singapore–Melbourne Police: numbers ...... 4893 service...... 4855 General practitioners: eastern suburbs ...... 4893 Bushfires: fuel reduction...... 4856, 4857 Water: charges...... 4894 Planning: government initiatives...... 4857 Parks Victoria: Chewton resident...... 4894 Police: Ashburton ...... 4895 QUESTIONS ON NOTICE Responses...... 4895 Answers ...... 4858 PETITIONS Buses: Bendigo...... 4858 Police: Ashburton...... 4859 Water: Thomson River supply ...... 4859 Equal opportunity: legislation ...... 4859 Planning: growth areas infrastructure contribution...... 4859 Housing: Moorabbin...... 4859 Housing: Bentleigh...... 4860 GAMBLING REGULATION AMENDMENT (RACING CLUB VENUE OPERATOR LICENCES) BILL Introduction and first reading...... 4860 Statement of compatibility...... 4860 Second reading...... 4861 SCRUTINY OF ACTS AND REGULATIONS COMMITTEE Alert Digest No. 12...... 4861 PAPERS...... 4862 BUSINESS OF THE HOUSE General business ...... 4863 STANDING ORDERS COMMITTEE Reporting date...... 4863 MEMBERS STATEMENTS Geelong Football Club: premiership ...... 4864 Water: Victorian plan ...... 4864 Buffalo Stadium, Woodend ...... 4864 Western Health: nurse awards ...... 4865 Parliament: Remembrance Day ...... 4865 St Mary’s House of Welcome, Fitzroy...... 4865 HMAS Cerberus: art exhibition...... 4866 Grantville and District Memorial Park: opening.....4866 Livestock: greenhouse gas emissions ...... 4866 Abortion: legislation ...... 4867 Water: stormwater harvesting ...... 4867
CONDOLENCES
Tuesday, 13 October 2009 COUNCIL 4845
Tuesday, 13 October 2009 Brian’s union involvement led him to become involved in the Labor Party, of which he was a member for The PRESIDENT (Hon. R. F. Smith) took the chair 53 years. He was also an official of the Labor Party at 2.04 p.m. and read the prayer. from 1975 to 1982. When Brian joined the Labor Party it was at the time when John Cain, Sr, was losing office; 27 years later he was elected to Parliament CONDOLENCES shortly after John Cain, Jr, became Premier. He served through a difficult 27 years in opposition, but he never Indonesia and Samoa: natural disasters lost faith, never lost enthusiasm and always worked to assist working people, because he saw the union The PRESIDENT — Order! I seek the support of movement and the Labor Party as vehicles to assist the the house and ask members to be upstanding and lives of working people. observe a minute’s silence as a mark of respect for those who died as a result of the natural disasters in In addition to his involvement in the union, the Indonesia and Samoa. Parliament and the party, Brian was a great community man. He played football for Footscray in his early years Honourable members stood in their places. in the western suburbs of Melbourne and was involved Hon. Brian William Mier through the past players and officials association in a range of community activities. Mr LENDERS (Treasurer) — I move: In addition, during his time in Parliament he spent time That this house expresses its sincere sorrow at the death on at the Waverley RSL. He held the distinguished 12 September 2009 of the Honourable Brian William Mier position of vice-president of the Victorian and places on record its acknowledgement of the valuable Parliamentary Former Members Association, which services rendered by him to the Parliament and the people of Victoria as a member of the Legislative Council for Waverley many people in this place probably do not aspire to join Province from 1982 to 1996 and as Minister for Prices, as soon as they might. He was also a passionate Minister for Aboriginal Affairs and Minister for Consumer Bulldogs supporter and, as I said, a member of various Affairs from 1990 to 1991. associations with the Footscray and then Bulldogs Brian Mier was 74 years old when he passed away, and football clubs. he was one of only seven MLCs to serve in this house Brian was also a passionate family man whose own as a member for the then Waverley Province — a great family grew up in the western suburbs of Melbourne. distinction, I might say. He was married to Sheila for 51 years, and they had Brian served this Parliament very well. He became an three sons, David, Paul and Philip, and three MLC in a by-election shortly after the election of the grandchildren, Regan, Sam and Sophie. John Cain, Jr, government. When Tony Van Vliet Brian’s roots were in the western suburbs. He was tragically passed away, Brian was preselected by the educated at the Geelong Road State School, Labor Party to be the candidate for Waverley Province Williamstown High School, Footscray Technical and was subsequently elected in the by-election. Six School and the Royal Melbourne Institute of years later he was re-elected to the Parliament. Technology. As with many people of his generation, he During his time in this house, Brian served on six served in the army; he was a national serviceman. parliamentary committees, and he also served for Following his service in the army, he was a plumber 500 days as Minister for Prices, Minister for Aboriginal and a union official. Affairs and Minister for Consumer Affairs. He was Brian was a laconic bloke. He was comfortable in any selected for those positions after the resignation of Evan environment. He would have been comfortable in his Walker. workplace; he would certainly have been comfortable In addition to his contributions to the Parliament he also at Trades Hall on Thursday nights when union and served with great distinction as an official and a party officials would gather year after year. He was member of the plumbers union from 1964 to 1975, very comfortable in any environment when mixing with during which time he was both an organiser — he later working people. became the assistant state secretary of that union — and His first speech in this place, coming here as a former the national vice-president of the Plumbers and union official, stressed the importance of reform of Gasfitters Employees Union. workers compensation laws. He was strongly of the
CONDOLENCES
4846 COUNCIL Tuesday, 13 October 2009 view that it was very difficult for workers and working On behalf of the opposition, I am very pleased to put on families to get redress after an industrial injury when record our support for his family at this difficult time they were appealing in tribunals day after day. His and our recognition of the service he gave to this inaugural speech in this place was passionate about the Parliament and the people of Victoria. stresses working families faced and their severe financial hardship, his role as a representative of Mr HALL (Eastern Victoria) — Over the years you working people and the role of the party he loved meet some characters in this house, and Brian Mier was dearly in redressing some of the wrongs from history. one of those. I say that in the kindest possible way, because I genuinely liked Brian and got to know him Our deepest sympathies go to Brian’s wife, Sheila, his quite well during the time in which we served together sons David, Paul and Philip, and his grandchildren, in this chamber — between 1988 and 1996. In Regan, Sam and Sophie. They have lost a husband, describing Brian some of the adjectives that come father and grandfather, and Victoria has lost a immediately to mind are ‘colourful’, ‘passionate’, champion of the working people. ‘determined’, ‘pugnacious’ and ‘adamantly loyal to the ALP’, and he was a witty person with a rather dry sense Mr D. DAVIS (Southern Metropolitan) — I too of humour. wish to associate myself with this condolence motion for the Honourable Brian William Mier. People from I can best recall that sense of humour by way of an whatever party who serve in this place make a example. Former Liberal Party member James Guest remarkable contribution, not only to this place and the was speaking in this chamber one evening. In the very governance of the state but to their communities as cultured tones in which he expressed himself James well. Reading the list of activities that Mr Mier was was making accusations against the then Cain involved in over so many years it is clear that he was a government for trying to flog off the family silver, to great community person. As the Leader of the which Brian quickly retorted, ‘We would, if we could Government has pointed out, he was Minister for get it out of your mouth’. Prices, Minister for Aboriginal Affairs and Minister for Consumer Affairs in 1990 and 1991, following the I know Brian was a passionate Footscray supporter. I resignation of Evan Walker. did not know that he had been a Footscray player. Nor did I know until I received the notes just recently that He was married for 51 years, as the Leader of the he was born in Footscray. However, because of the Government also pointed out, and had three sons and nature of Brian, it does not surprise me. He was a very three grandchildren. Clearly his family was very determined, dogged person who had the spirit of the important to him. His involvement with national service fighting Bulldogs of the west. Brian was not reluctant to and football and his links into the western suburbs are tell you what he thought, and in doing so he pulled no examples of the sorts of links that so many people from punches. That spirit was applied literally in the chamber that time had with the community. According to the one evening in an incident which is often recalled by notes I have, Mr Mier joined the Labor Party in 1956, some of us. which would have been a very difficult time given that the split was around then. He was clearly a loyal The other lasting memory I have of Brian is the servant of the Labor Party through those many years. exchanges he engaged in with Ken Smith across the chamber. They were both former plumbers. They were But I think those community links are what stand out to at each other — cat and dog — across the chamber, and me as I look through that list of things he did: his they enjoyed the repartee they shared. Brian’s involvement with preschool centres, the football club, passionate loyalty to the ALP simply could not be the Waverley RSL and other organisations in the questioned. In the eight years that I knew Brian I do not community. His membership of this place saw him take think there was ever an occasion when he thought the part in a number of important committees: the Legal opposition did something right. Nor was there ever an and Constitutional Committee, the Estimates occasion when he thought the ALP did anything wrong. Committee, the Natural Resources and Environment He was that sort of a loyal person — something that is Committee, the WorkCare Committee, the Printing not always evident in politics today. Committee, the Standing Orders Committee, the Economic Development Committee and the Road Brian served this Parliament well for the best part of Safety Committee — a range of involvements across a 14 years. He rose to the position of minister. From number of areas of government as well as those links humble beginnings to what he was able to achieve, he with the community. did himself proud, did his family proud and did his party proud. Today I join with the government and
ROYAL ASSENT
Tuesday, 13 October 2009 COUNCIL 4847 others in this chamber in expressing our sincere One of Brian’s long-term friends gave a great speech condolences to Brian’s wife and family and their about Brian’s life outside the labour movement. One of extended families on the sad passing of a great bloke, the interesting things he mentioned was that when Brian Mier. Brian was a plumber working at Melbourne Airport his apprentice was Bob Skilton and in the breaks they used Mr LEANE (Eastern Metropolitan) — I would also to go and kick the footy. Brian Mier always claimed like to join in this motion and extend my condolences credit for Bob Skilton’s skill at kicking with both feet to the family of Brian Mier: especially to his wife, and for his winning three Brownlow medals. Sheila, his three sons, David, Paul and Philip, and his grandchildren, Regan, Sam and Sophie. Brian’s son Brian used to say to his old friends, ‘Who would have David is a very close friend of mine, and we have believed that a boy from Footscray Tech would one day worked together for well over a decade on a number of become a cabinet minister?’. I think that was not by issues. I have to say David is a very honest person of luck; that was by hard work and putting in a lot of great conviction. He is a credit to Brian, as I am sure hours. I think it was also a sign of a healthy democracy. are his brothers, Paul and Philip. The history of this state shows that people from varied backgrounds have represented people in this I will briefly touch on positions Brian held before he Parliament. I will finish by reiterating my condolences came into Parliament. Brian did his schooling at to Brian’s family. Footscray Technical School and a plumbing and gasfitter apprenticeship after that. He started his Motion agreed to in silence, honourable members apprenticeship in 1954 and joined the plumbers union showing unanimous agreement by standing in their as an apprentice. He held roles in the Plumbers and places. Gasfitters Union as an organiser. He held a number of positions on the committee of management before he Sitting suspended 2.23 p.m. until 3.32 p.m. was an organiser for 15 years. He was also a shop steward on a number of major projects. He became chairman of the Victorian branch in 1963. In 1964 he ROYAL ASSENT became an organiser. Message read advising royal assent to:
In 1967 Brian was elected to the federal council of the 22 September plumbers union, and held the position of federal vice-president. He also represented the union on boards Justice Legislation Further Amendment Act that were very important to plumbers: the Victorian State Wages Board and the Plumbers and Gasfitters 29 September Registration Board. Plumbers hold those boards in high regard as far as their trade is concerned. In 1982 Brian Major Transport Projects Facilitation Act. Mier was employed by the Department of the Premier as a liaison officer with the industrial relations task force. QUESTIONS WITHOUT NOTICE
As I said, Brian started his working career as a plumber Bushfires: arsonists in an age when it was not uncommon for asbestos to be Mr D. DAVIS (Southern Metropolitan) — My used for insulating plumbing pipes. Unfortunately it question is to the Minister for Environment and Climate was asbestos that led to the illness that caused him to Change. I refer the minister to his role as minister pass away recently. This is common among people who responsible for state forests and Victorian national worked in that industry in the 1950s. It is a sad result of parks and to the role of the department he oversees — working with a material that at the time these workers the Department of Sustainability and Environment — believed was safe. in the prevention of bushfires. What steps has the A lot of respect was shown from the labour movement minister taken to advocate for or implement the greater at Brian Mier’s funeral. Two former premiers — Joan control and management of convicted arsonists as a Kirner and John Cain, Jr — were there, as well as a practical and overdue step to prevent bushfires in number of former ministers. There were also many Victoria’s state forests and national parks? representatives, obviously from the plumbers union but Mr JENNINGS (Minister for Environment and also from the Construction, Forestry, Mining and Climate Change) — In the framing of his question Energy Union and Trades Hall. Mr David Davis is correct in terms of my ministerial
QUESTIONS WITHOUT NOTICE
4848 COUNCIL Tuesday, 13 October 2009 responsibility. He is correct in making the assumption Victorian landscape to make sure that we have that I am well and truly committed to making sure we fire-spotting activity that is immediate and can be improve fire mitigation activities across the public land responded to in real time. Do we actually have fire estate, which includes parks and state forests. On many crews, do we have park rangers who are on public land occasions he has heard me outline to the chamber the to stay throughout the course of the fire season to way we are increasingly devoting resources, staff and monitor the outbreak of fire and doing what can be community engagement activities to supporting that fire reasonably expected of those officers to prevent fire mitigation effort. So he is quite correct in all those from occurring? Of course they do that, and they will embedded assumptions in his question. continue to do so.
He is quite correct to assume that I am part of a But in the area of particular police enforcement matters, government that is committed to making Victoria fire police operational matters, I do not think Mr Davis or ready by allocating greater resources and support to our the community has the expectation that we will be community and our firefighting agencies in responding establishing vigilante groups, at either a public sector or to the risk of fire and to try to drive a greater degree of a community level, to undertake these activities. I think public understanding and appreciation of the it is very appropriate for these matters to be handled challenging nature of climate change scenarios and the within the consideration of police operations and the fire risk that our community confronts now and in the way in which the police monitor, investigate and future. And he is quite right to make the assumption apprehend arsonists — anyone engaging in totally that the Victorian government is determined to try to inappropriate and irresponsible arson activity in the make sure that our efforts are ongoing and is vigilant state of Victoria. and determined in trying to achieve a greater degree of fire readiness and safety in our community. Employment: government initiatives
The issue that is raised in relation to the way in which Ms DARVENIZA (Northern Victoria) — My arsonists may be investigated, monitored or question is to the Treasurer. I ask the Treasurer to apprehended by the Victorian police, I believe quite inform the house what the Brumby government is appropriately, is a police operations matter. It is not my doing to protect jobs and whether he can identify what responsibility, publicly or privately, to be making threats there are to jobs in Victoria. comment on the way in which the police undertake their operational matters, and I will not be doing so. Mr LENDERS (Treasurer) — I thank Ms Darveniza for her question and her interest in Supplementary question protecting jobs in Victoria at a time of ongoing global financial crisis. Mr D. DAVIS (Southern Metropolitan) — I appreciate the minister’s general comments and the This government has a number of core strategies for general focus that he has given to the response there, protecting jobs in Victoria. We acknowledge that we but he actually does have some specific responsibilities have to have a very strong and competitive economy, as well as those general advocacy rights. Will the whether that be through reducing red tape or making department be making checks and regular patrols of our taxes competitive. We acknowledge that we areas of public land, identifying suspicious action and certainly need to build on the skills of our workforce, questioning or reporting about the activities of people and we have done that through our skills statement with on state land? a very strong investment in getting 172 000 more Victorians skilled up over four years to give them Mr JENNINGS (Minister for Environment and greater opportunities in the workforce itself and also in Climate Change) — I can understand why Mr David a contracting workforce to give them opportunities in Davis may be desperate for me to start traversing what I new areas. We have also invested very heavily in have just described to him and the chamber in relation infrastructure. Between federal and state government to understanding not only the demarcation of my agencies in Victoria over $11.5 billion has been ministerial responsibilities but also the separation of invested in capital works this financial year to secure powers principle that applies in Victoria, and I 35 000 jobs. understand both of those concepts. In terms of vigilance, in terms of monitoring behaviour on public Ms Darveniza asked about what we are doing in the land, yes, indeed, that activity is undertaken. In fact part area of jobs and what the threats are. The reckless calls of our preparation for the fire season is that we have from some to cut the stimulus program now are a major lookout facilities that are scattered throughout the significant threat to maintaining jobs in today’s
QUESTIONS WITHOUT NOTICE
Tuesday, 13 October 2009 COUNCIL 4849 environment. There are populists out there who Revolution. I note that a member for the South Eastern somehow or other believe they can wave a magic wand Metropolitan Region interjected. In that region, for and wind back the state and federal stimulus packages. example, we could go to Dandenong North Primary Think about the logic of some of these arguments — School and say we are going to cut out the that somehow or other, by saying it now as a populist, $5.48 million for classrooms, or we could go to Chelsea you can wind back the $1000 package given to Primary School and say we are going to cut out the pensioners and other low-income earners late last year $2 million for the rebuild of the school. Not only would or wind back the $900 package given to middle-income we disappoint the local school, we would also earners earlier this year. It is too late to wind back some disappoint the local construction industry. of this stimulus, as it has already boosted the economy and saved jobs. In round 3 of Building the Education Revolution 582 schools worth a total of more than $875 million are There are also some who say you should wind back the still to be built. If people are saying, ‘Let’s stop the stimulus going forward. Someone who does not think stimulus’ — and I did hear Mr Finn make a comment that is Dr Ken Henry, the federal Secretary to the before about stopping the stimulus — I would suggest Treasury — — they go to Keilor Primary School and say why the $3 million for classrooms, as part of round 3 of Mrs Coote interjected. Building the Education Revolution, is not worthwhile.
Mr LENDERS — Mrs Coote interjects. Dr Henry What I say in response to Ms Darveniza’s question is was appointed by her good friend Mr Costello when he that the third wave of Building the Education was the federal Treasurer. I quote Dr Henry, as reported Revolution is commencing now. Contracts are being by the ABC website on 9 October: tendered now. Every one of those schools is a local community expecting better facilities next year or the If all the stimulus scheduled to impact in 2010–11 was cancelled, that would mean a further detraction of 1.5 per cent year after. Attached to every one of those schools are from GDP growth and the loss of up to an additional 100 000 plumbers, bricklayers, architects, planners and all the jobs. ancillary workers who go with these projects. They are jobs. This is a measured, sensible stimulus for Dr Henry went on to say: long-term infrastructure, designed to create jobs now. I It’s unlikely that the recovery in private sector demand would am with Dr Henry in saying that now is not the time to be sufficiently strong for the economy to withstand such a wind back on stimulus spending, but Senator Coonan sudden withdrawal of public sector activity without and the Liberal Party are out there wanting to shed jobs significant costs in terms of lost output and higher now. unemployment. Dr Ken Henry, respected economist, head of the federal Housing: Moorabbin Treasury, says that the stimulus needs to continue and Mrs COOTE (Southern Metropolitan) — My that if we wound back that 2010–11 stimulus — not question is directed to the Minister for Planning. The 2009–10, but 2010–11 — it would cost 100 000 jobs. minister has expediently bypassed local involvement We need to look at what that stimulus is. I said before and allowed two totally unsustainable social housing that we have had direct cash stimulus to consumers. developments in Moorabbin, in the Bentleigh That is in the system and it has done what it was meant electorate. The local community is incensed at the to do — it has boosted confidence and created jobs. But minister’s lack of consultation. Why did the minister if we go forward to what is left to do, we find that not consult with the local residents before he allowed Senator Coonan, the federal shadow minister, was the proposal for the high-density social housing recorded on the same website on the same date as development at 999 Nepean Highway, Moorabbin, to having said: proceed?
What we disagree with is that the economy at this stage needs Hon. J. M. MADDEN (Minister for Planning) — I to have an expansionary fiscal policy. welcome Mrs Coote’s interest in these matters. It is only because Mrs Coote is probably one of the more If we were to wind back the stimulus, what could we genteel among the opposition members that I do not wind back on? We could wind back on social housing, take up the opportunity to savage her in this place. Had but that would have a bad outcome and also cost jobs any other member of the opposition asked the same today. We could wind back on schools and on school question, I would have savaged them comprehensively, construction in round 3 of Building the Education but Mrs Coote is such a nice lady that I feel I have to be
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4850 COUNCIL Tuesday, 13 October 2009 very well mannered when it comes to addressing her — Mr Rob Hudson, the member for Bentleigh in the other and I will be. place?
What I can say about her question is that if it is the The PRESIDENT — Order! I ask Mrs Coote to put project I believe it is, then I think there might be a bit of the supplementary question again. I am a bit confused misinformation out there. I think the project she was at the references to Moorabbin and Bentleigh. referring to and talking about was approved by the council. If it is the project to the rear of what is often Mrs COOTE — The supplementary question? known as Moorabbin town hall, my understanding is that that project has been approved by the council. It The PRESIDENT — Yes, relating to the original has received, in a sense, no direct approval because I question and answer. have not been the relevant authority in this matter. The Mrs COOTE — The original question was about council has been the relevant authority and has made its the Bentleigh electorate, and Moorabbin is in the decision accordingly. Bentleigh electorate. My supplementary question is: I find it interesting on two fronts that Mrs Coote should who did the minister consult before allowing the ask this question: firstly, that she should seek that I four-storey, 49-apartment development at Corbie Street, interfere with local government decisions, because if I Bentleigh, to progress to this point? Did he consult remember accurately one of the accusations in this Mr Rob Hudson, the member for Bentleigh? chamber was that I was interfering with local Honourable members interjecting. government decisions and opposition members gave me a slap around the ears for it. But in this case the Mrs COOTE — President, would you like me to do opposition is wanting me to intervene in local the whole thing again? I did say right at the government decisions. I wonder why I come to work outset — — some days, and I end up scratching my head about the opposition. The PRESIDENT — Order! If I do, I will certainly ask Mrs Coote. But I thank her for her assistance. The other interesting front is that Ms Lovell did not have sufficient intestinal fortitude to ask the same Mrs COOTE — Please feel free. question, and I know why she did not dare ask the same question — because she is the very member of the The PRESIDENT — Order! In reference to the opposition who often gets up and says the government supplementary question, I remind members that a is not doing enough for public housing. supplementary question has to be related to the answer given to the original question. I am of the view that How can the opposition come in here with such asking the question about a property in Bentleigh as extreme positions? It does not know what the right hand opposed to one in Moorabbin, whilst it may be in the and the left hand are doing when it comes to not only same seat and involve the same member, is not the public and strategic planning process but also public consistent with those guidelines. On that basis I will housing. rule the supplementary question out.
It is only that Mrs Coote is such a genteel woman in Mrs Peulich — On a point of order, President, I am this place that I feel as though I should not savage her; I sitting near Mrs Coote, and I can see quite clearly that have not done so on this occasion, but what I have done in her preamble she refers to the two developments. In is highlighted to the chamber the inconsistency of the fact I see that the supplementary is completely within opposition when it comes to planning matters and order, given the mention of the two developments in the matters of public housing. preamble.
Supplementary question The PRESIDENT — Order! I am not convinced that the original question did not refer to the Moorabbin Mrs COOTE (Southern Metropolitan) — I thank property at 999 Nepean Highway. Mrs Coote could the minister for that extraordinary answer and I hope assist me by restating the question. his hair has not been spread so thin that he is not able to answer this supplementary question, which is: who did Mrs Coote — I would like to explain the preamble the Minister for Planning consult before allowing the again, President. The minister has expediently bypassed four-storey, 49-apartment development at Corbie Street, local involvement and allowed two totally Bentleigh, to progress to this point? Did he consult unsustainable social housing developments in the Bentleigh electorate, in Moorabbin. The local
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Tuesday, 13 October 2009 COUNCIL 4851 community is incensed at the minister’s lack of Melbourne and Victoria is a good business proposition consultation. Why did the minister not consult with the for financial services in the East Asian region and also a local residents before he allowed the proposal of the fantastic business proposition for those Victorians who high-density social housing development at are looking for jobs at a time of global financial 999 Nepean Highway, Moorabbin, to proceed? contraction.
On the point of order or whatever we are up to here, the I can certainly say to the house that I met with hedge issue is that I explained in the preamble that the funds in a number of cities; I also met with monetary question involved two properties. The minister knew I authorities in Hong Kong and Singapore; and I met was speaking about two properties. Because the with investment corporations, the main ones being in minister did not talk about the two properties in his Singapore and Seoul in Korea. The story Victoria has answer does not mean to say my supplementary as a place to invest and create jobs is a very good one. question is out of order. I can assure the house that when you actually say to an Mr D. Davis — On the point of order, President, in international company that Australia is the fourteenth her initial question Mrs Coote referred to two properties largest economy in the world but it has the fourth in the Bentleigh electorate and talked about the process largest amount of funds under management anywhere of consultation. I put it to you, President, that her in the world, it gets people’s attention. That is a great question was apposite to the minister’s response about legacy of the Hawke and Keating governments in the consultation. Mrs Coote asked about the processes of 1980s that brought in compulsory superannuation, but consultation with respect to the second property in her the reality now is that, even after the ravages of the supplementary question. global financial crisis, more than US$1.25 trillion is under management in Australia, of which 70 per cent is The PRESIDENT — Order! Would Mrs Coote be under management in the city of Melbourne. My so kind as to allow me to read her original question? message to the international investors was that Victoria The attendant, I am sure, will assist. is a good place to do business and to create jobs so it can build on the 100 000 jobs it already has in financial Having read the question, I am convinced that my services. original ruling is correct. The supplementary question is not relevant to the original question. The preamble is I can also say I spoke to the organisers of the swift not a question. international banking operations seminar, or SOBOS, in Hong Kong, where every three years 6500 bankers go Financial services: government initiatives to a city for a conference. It will be a great economic get for Victoria for that to happen. I am confident we Ms HUPPERT (Southern Metropolitan) — My have the right measures in place to grow financial question is to the Minister for Financial Services. Can services jobs in the state of Victoria. Whether they be in the minister update the house on what the Brumby banking, whether they be in insurance or whether they Labor government has been doing to drive investment be in ancillary services that go with those industries, in Victoria’s financial services sector? these are good jobs for Victorians. Mr LENDERS (Minister for Financial Services) — I thank Ms Huppert for her question. I say to anybody I thank Ms Huppert for her question and her lack of from the global financial community listening to the need to workshop with a number of people before she Hansard live audio broadcast today that Victoria is a asked it. Financial services make up 9 per cent of the great place to do business, a great place to invest and a Victorian economy — that is, 100 000 jobs. As great place to employ talented people — because it is a Mrs Coote and Ms Huppert well know, our electorate good place to live, work and raise a family. of Southern Metropolitan Region is the epicentre of where those 100 000 people live. It is a large and Planning: urban density growing part of the Victorian economy and is a strong part of our future. Mr GUY (Northern Metropolitan) — My question is to the Minister for Planning. Noting the release of the Ms Huppert asked what we are doing to grow more government’s guidelines to encourage higher density jobs in this particular area. The government, firstly, has developments on Melbourne’s fringe, I ask: given recently launched its financial services statement, densification was the central thrust of the discredited which I took as a prospectus to four East Asian cities Melbourne 2030 plan, why were these targets not during the parliamentary break, to go to hedge funds introduced seven years ago when Melbourne 2030 was and various other institutions to show why investing in
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4852 COUNCIL Tuesday, 13 October 2009 introduced, and is this not just a case of too little, too households. More people are wanting to live on their late? own for longer periods of their lives and for larger percentages of their lives. Hon. J. M. MADDEN (Minister for Planning) — I welcome Mr Guy’s interest in these matters. These are I look forward to members on the crossbenches important matters, particularly the precinct structure accepting the fact that, even if they have a no-growth guidelines. I will not go into great detail about them, policy, even if they want to bring nobody else into the but the important component of the precinct structure state — even if that is their policy position; I am not guidelines has been widespread consultation. It is sure it is but somehow I suspect it might be — we still important, because whilst we may have ambitions as to have to build more houses and different types of how suburbs are developed, what is particularly dwellings. Let us not lose sight of that fact as an important is that the development community, which aspiration for the overall community, particularly in actually physically delivers, makes investments and these new suburbs. makes investment choices about how it develops these suburbs in new communities, also has to be confident Mr Guy is interested in this matter. His comments and have confidence in the government about the reflect the fact that what we need is a concentration of positioning around the master planning or the precinct smaller type dwellings with greater density around the structure guidelines. main street shopping centres and the opportunity for people with bigger families to choose bigger dwellings, What we would not want is to implement precinct but the net average across the development is structure guidelines that are so ambitious that we scare particularly important. away developers. This has no doubt taken a long time. I note Mr Guy’s comments in the media — he believes it I am pleased to be able to announce that the industry is has not happened soon enough. But I am pleased we supportive of this position, and I look forward to the have made this announcement. I think it has created opposition also being supportive of it as we see these some debate, and that is a good thing, but the other communities rolled out across the growth areas of component is that because we have brought all of the Melbourne. stakeholders with us, because we have brought the development community with us and because we are Supplementary question actually seeing the development community wanting to Mr GUY (Northern Metropolitan) — I thank the move in this space, we can be confident that minister for his roundabout way of getting to my complementary arrangements have been delivered in question, but I ask him to advise the house what the precinct structure planning guidelines, and we will discussions he had with his fellow ministers — the see them delivered in the future. I look forward to ministers for transport and roads — before the release seeing that intensification. of these new guidelines to ensure that the mooted new Some people believe we are maybe being too infrastructure is rolled out at the time of urban prescriptive and interfering too much, but the important development, or has he had no discussions and were the component to this intensification is that we are talking guidelines simply just government spin? about averages. We are not telling people how they Hon. J. M. MADDEN (Minister for Planning) — should live; what we are telling the industry and the What has been particularly important about all these market is that they need to provide a choice, matters is that they are supported broadly across particularly when — I have mentioned this here before government, and the consultation I have spoken about and I have mentioned it publicly — we are seeing a has been extensive, particularly within government shift in the types of households that are established. We departments and authorities such as the Department of are seeing a move away from what has traditionally Transport, VicRoads and many of the agencies that been the family-type established household to a model might deal with these issues from their own where that is less the case. perspectives and with an emphasis on their own I have quoted this figure once before, but I will quote it priorities. Consultation has been undertaken to seek again: currently around one-third of all households are their views and they have been brought together in a traditional family-style households. In 15 or 20 years way that is broadly supported not only by government that figure will move to a quarter of all households. agencies and the industry but also by local governments People are living longer, establishing their households and, we would anticipate, by the broader community. later and living in smaller households, but they are also I am very enthusiastic about them. The important living for shorter periods of time in those formed component is that we look to have more, in a sense,
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Tuesday, 13 October 2009 COUNCIL 4853 livable suburbs. Many of the existing suburbs are also Victoria, may play in trying to drive momentum for very livable, but I mean livable in the sense that reform beyond the limits of what national agreements transport is a key priority, making these suburbs may be at Copenhagen. Well-informed people within walkable, with the ability to ride a bike around them the environment movement and the community would and with access to shops without having to get in a car understand the value beyond emission trading schemes every time you need something from the shop because and mechanisms of international trade that may be there is no local shop. established at a national level to lead to the transformation of our economy, to drive it to greater We anticipate that there will be local shops and that greenhouse gas abatement and to try to reduce the they will be in reasonable proximity for people to amount of carbon in the atmosphere. There will be a lot access them without necessarily getting into their cars, of work that needs to be undertaken in jurisdictions but also that public transport — whether it be buses or such as Victoria. hard rail in some of these locations — will be available so that people do not necessarily need to be as car Certainly there is the work that we have embarked upon reliant as has been the case in some of the established to try to make sure that our community understands the suburbs. need to have adaptation strategies, the way we drive structural adjustment and the way we take account of I am very enthusiastic about this measure. I think it is climate change projections in terms of our land-use best practice, and I look forward to seeing it planning, whether it be on our coasts or streams. We implemented and rolled out in the future and being need to know that state provincial governments around particularly well supported by the development the world will play a leading role in terms of adaptation community. I am very proud of it. I know there will be strategies and those that build on the mitigation effort those who say we interfere, but I note that in the that may come through emission trading schemes and editorials of last weekend’s newspapers one said I was similar mechanisms. Certainly that was the momentum interfering too much and the other said I was not that was established in California, and it is a interfering enough, so it is a bit like the three bears and momentum that will continue to be traversed around the the porridge — I have probably got it just right on this global community on the way to Copenhagen later in occasion. I look forward to the opposition supporting December when, hopefully, an international agreement these precinct structure planning guidelines as they are will be reached. implemented well and truly into the future. The state of Victoria has a very mature relationship Climate change: California conference with California, not only in terms of energy and renewable energy policy but also in our approach to Hon. T. C. THEOPHANOUS (Northern firefighting and to water conservation and water Metropolitan) — My question is to the Minister for infrastructure issues. We have established a very Environment and Climate Change, who is also the mature relationship where we exchange knowledge: it Minister for Innovation. Can the minister inform the is a two-way street in relation to the transfer of house of how the Brumby Labor government is knowledge and capability between our jurisdictions. working in partnership with subnational jurisdictions overseas to further enhance Victoria’s leadership role in I had the good fortune to meet with my equivalents in a number of areas including climate change and stem the Californian system, who are known as secretaries of cell research, and several others I dare say? portfolios. I met the Secretary for the California Environmental Protection Agency, Linda Adams, the Mr JENNINGS (Minister for Environment and California Secretary for Natural Resources, Mike Climate Change) — I thank Mr Theophanous for the Chrisman, and the Secretary for California Emergency opportunity to talk about some other matters, may I Services and Homeland Security, Matt Bettenhausen. dare say. I take the opportunity to inform the house of Each of those secretaries was very happy to explore the an important summit convened by Governor way in which Victoria can collaborate with them now Schwarzenegger in California, USA, within the last and into the future. We spent a lot of time talking about fortnight, which I had the good fortune to attend on water management, fire and emergency response, the behalf of the people of Victoria. capability of our jurisdictions and our ability to work together within a framework where by showing The summit brought together about 60 subnational leadership on an international stage of subnational jurisdictions around the globe to talk about a governments we can play a very important role. momentum to Copenhagen in terms of the role subnational governments, including the state of
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Having had the opportunity to chair a panel and number of people who will pay the GAIC, does the participate in other panels during the course of the minister intend to speak to any of them in this second conference, I had a follow-up from our sister province round of GAIC deliberations, or has he no interest in in China, Jiangsu Province. I took the opportunity to try hearing from everyday Victorian land-holders? to develop an understanding about the way in which we can support one another in relation to environmental Hon. J. M. MADDEN (Minister for Planning) — I management and expertise that may be available from welcome Mr Guy’s questions today. I can see he has a the state of Victoria to support Jiangsu and the potential fair quota today, which I am pleased about. I am for major renewable investment from Jiangsu and pleased to see that the handwriting he reads from is capability coming into Victoria. That was a very more legible than the handwriting Mrs Coote reads forward-looking conversation, and we think Victoria from. can be an international collaborator of the first order. As I have mentioned on a number of occasions, I have One of the reasons I say this is that I took the been conscious of the concerns expressed by many opportunity to reacquaint myself with Professor Alan land-holders. When I visited the Melton community Trounson, who is from Victoria but is currently the and was confronted by a number of land-holders at the head of the California Institute of Regenerative gates of the Melton Harness Racing Club, where I Medicine. In the last 12 months Victoria has entered attended a breakfast event to talk on these matters, I got into a collaboration with that institute in terms of some the impression from members of the opposition and the stem cell research. We took the opportunity to Democratic Labor Party that they thought I might have announce a further funding round to support that been a bit insincere when I spoke to these land-holders. research in terms of immunology and the role which I said a couple of things to them. I said to them, ‘If you stem cells may play in immunology into the future. do not want me to rezone your land, put up your hand now and I am happy not to do it’. They did not take up We think there is potential for great science to come out that option. But I also said to these land-holders, ‘I am of Victoria, just as there is for great momentum in happy to take what you have said back to my renewable energy, for momentum for climate change colleagues to have this matter discussed’. That was my policy and for an approach at a subnational level to form of words. adaptation strategies. Victoria understands the dimensions of these issues and will work There is no doubt that there has been a lot of discussion, comprehensively with those states. The trip to but there have also been representations from a lot of California was an excellent opportunity to explore the local members, particularly on our side of the potential for those collaborations. Parliament and in the other chamber, who have expressed a great deal of concern about these matters. The PRESIDENT — Order! I draw to the attention We have also conducted conversations with industry. I of the house something that I consider to be a look forward to having ongoing conversations about reasonable protocol — that is, if a member asks a these matters prior to our resolution of these matters. question, it is only reasonable that that member sit in These matters have to be considered by stakeholders their place to hear the answer. and industry. However, regardless of what stakeholders, industry and land-holders alike agree to, we have to be Mrs Coote interjected. conscious of the opposition, because we have to put a viable proposition to this Parliament so it can be passed The PRESIDENT — Order! I remind Mrs Coote through the Parliament. that I am on my feet. I look forward to having the legislation presented to the Planning: growth areas infrastructure Parliament. I look forward to seeing it being supported contribution by all members of this chamber. I look forward to seeing the resolution of all these matters either prior to Mr GUY (Northern Metropolitan) — My question the presentation of the bill to Parliament or, once it is is to the Minister for Planning. I note that the minister presented to the Parliament, within the Parliament, told this house just five weeks ago that there was no because the great thing about this state and about GAIC (growth areas infrastructure contribution) U-turn Melbourne as the capital city of this state is that we in the offing, yet over the last week he has been in have some of the most affordable housing not only on discussion with industry over the timing of a growth the eastern seaboard but across Australia. That is why at areas infrastructure contribution change, and I ask: with the end of the day people want to come to live here. ordinary land-holders comprising the great bulk of the The house-land exercise, whatever shape or form it
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Tuesday, 13 October 2009 COUNCIL 4855 might take, is one that is very affordable, and we want industry, land-holders and anybody in the housing, to maintain that. building construction and development industries the confidence that this is the place to do business so that The other great thing about this state — and my we can maintain the competitive edge which has taken compliments to my colleague the Treasurer over so long to build up. We want to maintain that so we can here — is that we have one of the best economies in continue to proudly say that in one of the world’s most Australia. We have a diverse economy, which means livable cities we have some of the most affordable that even when there is a bit of an economic slowdown dwelling prices anywhere in the world. across the world we are able to maintain jobs in this state. Singapore Airlines: Singapore–Melbourne service If you are a skilled worker from overseas living in Australia and you are looking for opportunities and Mr TEE (Eastern Metropolitan) — My question is want to put the whole package together — an to Minister for Industry and Trade. Can the minister affordable lifestyle in a very livable place where job advise the house of any recent successes in attracting opportunities present themselves and exist well into the additional aviation capacity from the Asia-Pacific future — why would you not want to come to Victoria? region? Why would people not want to come to Melbourne? We want to maintain that situation, and we need to Hon. M. P. PAKULA (Minister for Industry and maintain it to attract a skilled workforce. I note some of Trade) — I thank Mr Tee for his question. I recently the concerns of the media today. One of the broadsheet had the opportunity to step on board the brand-new papers was discussing the need to make sure that we Singapore Airlines Airbus A380 on the day last week have a skilled workforce going into the future. that the daily Melbourne–Singapore service was launched. This will be Melbourne’s first daily A380 I look forward to making sure that, whatever shape or service, and we as a government recognise that it is a form this legislation is in when it is finally presented to critically important one. the Parliament, it is one that can be predominantly supported by all members of this chamber. I look That is why when I was on the way back from G’Day forward to the opposition’s support for the legislation UK I stopped in Singapore and met with Singapore when it is presented to this Parliament. Airlines at a meeting facilitated and attended by Tim Dillon, Victoria’s commissioner for Kuala Lumpur. At Supplementary question that meeting I urged Singapore Airlines to give strong consideration to commencing a daily A380 service Mr GUY (Northern Metropolitan) — I thank the direct from Singapore to Melbourne. Certainly as a minister for his answer. I note that the government’s government we were very gratified when shortly original GAIC proposal provided an exemption on thereafter Singapore Airlines made the decision to do GAIC payments for all land not deemed developable, so. so I ask: given that land may be deemed undevelopable later in the planning stages, what compensation Singapore is proving to be one of Victoria’s most mechanism for these land-holders will feature in GAIC resilient sources of international visitors, with 74 000 proposals for land on which the GAIC has already been Singaporeans visiting Melbourne during 2008–09, paid but which is subsequently declared exempt from which was a 15 per cent increase on the previous future development? financial year. This new daily Airbus A380 service will increase access to that market. It will boost Singapore Hon. J. M. MADDEN (Minister for Planning) — Airlines’ capacity into Melbourne by about 10 per cent Certainly I am conscious of all these matters as part of and will mean an extra 35 000 inbound seats through the way the technical aspects of this legislation will Singapore each year. That is important, because the need to be presented. No doubt these technical matters Singapore Airlines network covers 38 countries and are of interest not only to the industry in particular but 93 ports across 5 continents. This new service is not also to any land-holders who are in the system — that just about Melbourne–Singapore; it enhances our links is, whether they develop the land with developers or with all of those ports beyond Singapore. whether it is developed after they have released the land to a developer. We are conscious of those matters. Just one example of that enhancement is our greater access to the UK and European markets and their I look forward to receiving input from the industry as greater access to us. Those markets are strongly served we progress the resolution of this legislation so that, by Singapore Airlines, and they accounted for around whatever we do in terms of this space, it gives the
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30 per cent of all international visitor nights to Victoria The PRESIDENT — Order! Mr Theophanous can last financial year. In Melbourne, 14 per cent of all of refer to me as President all day, if he likes, but when I last year’s international visitors arrived on Singapore am here in this position, he will not refer to me by my Airlines flights, which was second only to Qantas, with first name. That is not a courtesy that I will extend to its 25 per cent market share. This new A380 service anyone in this house whilst I am in the chair. joins a long list of recent Victorian aviation wins and achievements. I know I go on about it, and my Secondly, Mr Theophanous raised a point of order. I predecessor Mr Theophanous went on about it, but we remind him that he is entitled to raise a point of order at are very proud of it, because it is a reflection of our the time. His time has well passed, but as a courtesy to strong economy; it is a reflection of our major events him I would be more than happy to explain it to him, strategy; and it is a reflection of our strong, world-class chapter and verse, in my chambers at any time he attractions and our proactive approach to developing chooses. There is no point of order. aviation and tourism. Bushfires: fuel reduction They are new services which provide our state with a long-term economic boost. With as much as 70 per cent Mr KAVANAGH (Western Victoria) — My of this state’s tourism growth over the next decade question is to the Minister for Environment and Climate expected to come from international markets, Change and relates to fuel reduction or cold burning developments like this new A380 service are very strategies in Victoria. Long before the last fire season important. They will help us to build further on various commentators were claiming that the amount of Melbourne Airport’s very impressive international fuel reduction or cold burning done in Victoria was not passenger numbers, which grew by 3.2 per cent last adequate. Since the disastrous fires of February this financial year and by over 7 per cent year on year year some members of this house have argued that fuel through to August 2009, when they reached 416 000. reduction or cold burning is not an effective strategy for minimising the effect of bushfires. My question is: with As I have indicated in this place before, the current the next fire season almost upon us, what is the expansion of international carriers and international government’s position as to the adequacy or otherwise services into Melbourne Airport facilitates increased of the fuel reduction or cold burning that was done inbound investment — and we have seen fantastic before the last fire season? inbound investment figures recently. Those key air links are a major consideration for international Mr JENNINGS (Minister for Environment and investors when they consider where to set up shop. As I Climate Change) — I thank Mr Kavanagh for his have already indicated in this place, those improved air question. He is concerned about the environment and links also improve our freight export performance. about our citizens, and his question about fuel reduction Those freight exports have grown through the first six burning and the role it plays in reducing the risks to our months of 2009. environment and community is a very important one — one that I have commented on many times in the last The Brumby Labor government has continued and will two years as Minister for Environment and Climate continue to attract more direct international flights to Change. Melbourne because they improve tourist visitation, help improve our investment facilitation and improve our I can say to Mr Kavanagh that over the last 20 years export performance. It is a job of which this there have been no two years in succession when the government is rightly proud. amount of fuel reduction burning has exceeded the average in the way it has in the last two years whilst I Hon. T. C. Theophanous — On a point of order, have been in this job. President, bearing in mind your earlier comment, which was directed at me — and I have been a member here When the government responded to the Environment for 21 years — I am not aware of a standing order and Natural Resources Committee inquiry in December which says that when you ask a question you have to last year, I indicated to the chamber that it was the actually sit in the same place to hear the answer. As far intention of the government not only to consolidate the as I knew, members could move around and sit fuel reduction burning program but to grow it over wherever they liked to hear the answer to a question. Is time; to appreciate the dimensions of the requirement this another new Bob Smith special rule that we have to for us to be more sensitive to community aspirations abide by? and to vegetation types across the ecological landscape; to try to be strategic in the way we undertake a fuel reduction burning program; and to try to introduce a
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Tuesday, 13 October 2009 COUNCIL 4857 large, landscape-scale mosaic burning regime have a look at it, because in fact the 10-year pattern is throughout Victoria to deliver on that expectation. not terribly different. Indeed that continues to be the policy and commitment of the government. An honourable member interjected.
The government is determined to increase the order of Mr JENNINGS — Have a look. The important magnitude of the program, to undertake it in a way that thing is that we will grow the program and that we will achieves the appropriate balance of the factors I have do it in a way that takes landscape-scale mosaic burning described and to try to work out the strategic placement to a level we have not seen before in this state, but we of fuel reduction in the landscape to protect will try to get the balance right in terms of protecting environmental values, community assets and ecological values in the way in which we undertake community life. That is what we intend to do. those burns, their intensity and timing to be respectful of the biodiversity of the vegetation types across the In this spring season officers of the Department of landscape. Sustainability and Environment are working in collaboration with Parks Victoria, the Country Fire We will try to do it in a strategic way rather than having Authority and other members of the community to a broadacre burning regime where we do our best to undertake fuel reduction burning programs. Depending just stack up the hectares as distinct from stacking up upon climatic conditions and community acceptance, the strategic nature of the burns. That is the important we will continue to work right up until the fire season nature of it. For instance, we could be out burning to increase the strategic nature and placement of fuel thousands of hectares in the Mallee but not protecting reduction. one life through that landscape-scale burning. Take as an example the burning being undertaken this week in Next year, hopefully after a fire season that is reduced Plenty Gorge — a very intense area in terms of the from what the state of Victoria experienced last peri-urban fringe of Melbourne; a lot of houses are on summer, we will embark upon a fuel reduction program the edge and perimeter of Plenty Gorge. We are in autumn, which is the appropriate time to undertake a undertaking a strategic burn there on a much smaller large, landscape-scale fuel reduction burning program. scale — in the tens of hectares — that will potentially If we are safe from the climatic conditions that drove protect thousands of homes. It is the combination of the the terrible fires of last summer well into March, we strategic placement and the appropriateness of it that would like to maximise the period of fuel reduction will ultimately lead to the protection of human life. burning from March through to June, as we did this That will be the driver. year. This is a feature of our drive and our program currently and will be next year and into the future. I am reluctant to dive headlong into wholesale hectare targets, because they may or may not relate to the I suggest to Mr Kavanagh, the chamber and the strategic and community support that we need to community that we will do our very best to maintain provide. What the government is determined to do is to and consistently grow the program at a level that we continue to drive the program to meet the balance of have not seen over the last 20 years in Victoria. those expectations to deliver a greater fire mitigation effort in Victoria into the future. An honourable member interjected. Planning: government initiatives Supplementary question Mr EIDEH (Western Metropolitan) — My question Mr KAVANAGH (Western Victoria) — Can the is to the Minister for Planning. I refer the minister to the minister give an indication of the increase in fuel Brumby Labor government’s commitment to make reduction burning that we can expect to see over the Victoria the best place to live, work and raise a family, next one or two years? and I ask the minister to update the house on how the government is delivering on that commitment in the Mr JENNINGS (Minister for Environment and growth areas of Melbourne. Climate Change) — As I was sitting down I was subjected to an interjection which indicated that the Hon. J. M. MADDEN (Minister for Planning) — I pattern for the last 10 years is different from the pattern thank Mr Eideh for his interest; I know he is interested of the 10 years before that. That does not stand up to in these matters, particularly in the growth corridors in scrutiny. I invite anybody who would interject to that the western suburbs, but I remind members that the effect anywhere — in the chamber or publicly — to growth areas are right across the outer suburbs.
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The areas of the likes of Casey, Cardinia, Hume, certainty to the industry, a greater ability to progress Whittlesea, Melton, Caroline Springs and Wyndham these things at a more rapid rate and a certainty to local are all great places to live, work and raise a family. The government as to what to expect in these new great thing about these areas is that they provide communities and what they should demand of the families with a secure lifestyle. That is a very important developers or proponents of these developments. These element of the opportunity for people to locate in these guidelines are committed to delivering communities, areas. As part of that — their release has already been not just suburbs. mentioned in this place — the precinct structure planning guidelines have certainly set a new benchmark The other aspect that is particularly important is not just for what we anticipate and expect for urban planning things so that one day they might arrive, but developments across the community. having them planned and delivered from day one. That is our great challenge, and we look forward to doing I note that members of the opposition were concerned more of that because of these precinct structure that it has taken so long to get to the final point of guidelines. As well as that we want to maintain housing releasing the guidelines. I remind the house that I affordability and provide housing choice. But all of this released the interim guidelines for the precinct structure is about the competitiveness, the livability and the planning in September 2006, but it has taken close to attractiveness of Melbourne and giving people an three years to get everybody, particularly the industry affordable choice about the way they live, as well as and all the relevant agencies, on board. continuing our commitment to ensure that Melbourne is, as part of all of Victoria, a great place to live, work The idea of these new precinct structure guidelines, or and raise a family. the master plans themselves, is in many ways to change the feel but also the operation and function of these new suburbs and to turn them into communities. That is QUESTIONS ON NOTICE important. We want well-connected communities that are affordable but offer local jobs, transport access, Answers which is also important, open space, other services and culture. We want to also reflect, in a sense, the historic Mr LENDERS (Treasurer) — I have answers the and cultural aspects and features that go with the land following questions on notice: 2833, 3025, 3033–4, use in those areas. As part of this new strategic 3088, 6823, 7516, 8414, 8745, 9062–7, 9146–53, approach we are confident that in bringing everybody 9325, 9337–44, 9429, 9444, 9446, 9448, 9453–5, with us, the industry in particular, we will now see a 9457–92, 9497, 9502, 9504, 9506, 9509–10, 9514, new relationship with the suburbs in those growth 9551, 9553, 9556, 9559, 9560, 9563, 9570, 9581–2, areas. 9621–32, 9636, 9658.
The aim is to provide a structure for all new suburbs to be within walking distance to local centres, transport PETITIONS and potentially jobs as well. We have the ambition of Following petitions presented to house: having one job for every household by creating businesses that are close to homes and offer a broader Buses: Bendigo range of jobs in these areas. There is an impression among some that these new suburbs are filled with To the Legislative Council of Victoria: blue-collar workers, whereas in fact they are not; there is a fairly reasonable balance of blue-collar and The petition of certain citizens of the state of Victoria draws to the attention of the Legislative Council their concern that white-collar workers. We have to provide jobs for due to the Brumby government’s decision to re-route every white-collar workers as well, to make sure they are not city bus down Bendigo’s busy Mitchell Street, businesses, travelling long distances when commuting to their shoppers, pedestrians and traffic have been severely workplaces. disrupted. Your petitioners therefore request that the state government As well as that we want to make sure that we attract a immediately review Bendigo’s bus routes and establish broad range of residents and employers. As I said, alternative arrangements that suit the needs of all parties diversity in housing stock is important to attract a concerned including traders, shoppers, motorists and bus diversity in those who settle in these communities. We users. also want there to be increased housing density, and the By Ms LOVELL (Northern Victoria) new efficiency check when it comes to testing (24 signatures). developers’ plans against the criteria will give greater
PETITIONS
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Laid on table. 3. provide the Victorian Equal Opportunity and Human Rights Commission with the power to launch Police: Ashburton investigations of ‘systemic discrimination’ whether or not it has received a complaint; To the honourable the President and members of the 4. allow the Victorian Equal Opportunity and Human Legislative Council assembled in Parliament: Rights Commission to enter schools, small businesses The petition of certain citizens of the state of Victoria draws and churches to conduct searches and seize documents to the attention of the Legislative Council the Victorian and other material as part of their investigations; government’s massive cutback in services at the Ashburton police station. 5. remove sporting and recreational clubs from having a single-sex membership base. We oppose the massive reduction in services at the Ashburton police station, the removal of police from the local area and The petitioners therefore respectfully call on the state call on the Victorian state government to reverse their government to abandon its plan for the removal of the decision and restore all officers to the Ashburton police exemptions to the Equal Opportunity Act 1995 which station. currently serve to protect the core interests of our faith schools, single-sex clubs and small business. By Mr D. DAVIS (Southern Metropolitan) By Mrs PEULICH (South Eastern Metropolitan) (101 signatures). (1261 signatures) and Laid on table. Mrs PETROVICH (Northern Victoria) (29 signatures). Water: Thomson River supply Laid on table. To the Legislative Council of Victoria: Ordered to be considered next day on motion of The petition of certain citizens of the state of Victoria draws Mrs PEULICH (South Eastern Metropolitan). to the attention of the Legislative Council their total opposition to the Labor government’s decision to take a further 10 billion litres of water from the Thomson River to Planning: growth areas infrastructure top up Melbourne’s water supplies, with the knowledge that contribution this action will have a disastrous impact on the health of the Thomson River and the Gippsland Lakes, and particularly To the Legislative Council of Victoria: when the government has made no meaningful effort to utilise the 300 billion litres of wastewater each year going out The petition of certain citizens of the state of Victoria draws to sea and the 250 billion litres of stormwater falling on to the attention of the Legislative Council the concerns of the Melbourne’s roofs, roads and footpaths. local community that the proposed growth areas infrastructure contribution of $80 000 per hectare for land brought into the The petitioners therefore request that the government abandon urban growth boundary (UGB) in 2005 and $95 000 per its plan to take a further 10 billion litres of water from the hectare for land brought into the boundary in or after 2009 is a Thomson River. grossly unfair tax. By Mr HALL (Eastern Victoria) (1243 signatures). Imposing this tax at a flat rate per hectare on the first property transaction places an unfair burden on landowners as it does Laid on table. not take into account differing property values, development potential or the nature of the property transaction.
Ordered to be considered next day on motion of Your petitioners therefore request that the state government Mr HALL (Eastern Victoria). immediately withdraw the proposed tax in its current form and consult further with affected landowners to create a fairer Equal opportunity: legislation outcome.
To the members of the Legislative Council: By Mrs PETROVICH (Northern Victoria) (78 signatures). The petition of certain citizens of the state of Victoria draws to the attention of the Legislative Council the objection of the Laid on table. Victorian community to the proposed changes to the Equal Opportunity Act 1995 which will: Housing: Moorabbin 1. seriously threaten the educational freedom of independent or faith schools and remove or restrict the The petition of certain citizens strongly opposes the decision freedom of faith-based schools to operate in accordance to build a seven-storey development at the back of the with their beliefs and principles; Kingston town hall and draws to the attention of the Legislative Council that this federally funded and state 2. remove or restrict the right of schools to employ staff ‘fast-tracked’ social affordable housing/public housing who uphold the school’s values; development accommodating 150 to 200 people and notes:
GAMBLING REGULATION AMENDMENT (RACING CLUB VENUE OPERATOR LICENCES) BILL
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1. that the seven-storey public housing development would Ordered to be considered next day on motion of be a gross overdevelopment of the site, which already Mrs COOTE (Southern Metropolitan). suffers from a chronic shortage of car parking;
2. the site is not suited to public housing where families and children would have minimal open space and be GAMBLING REGULATION AMENDMENT sandwiched between the danger of the Moorabbin (RACING CLUB VENUE OPERATOR railway line and congested Nepean Highway and South Road; LICENCES) BILL
3. that this development undermines the viability of the Introduction and first reading heritage-listed and well-utilised Moorabbin-Kingston town hall and the Kingston Arts Centre and limits the For Hon. J. M. MADDEN (Minister for Planning), future potential of the Moorabbin station precinct, which Mr Jennings, by leave, introduced a bill for an act to should be redeveloped into a modern, subregional amend the Gambling Regulation Act 2003 to transport facility with greater park-and-ride facilities and mixed-use shops to strengthen Moorabbin’s commercial provide for certain transitional arrangements that future. will apply to venue operator licences held by specified racing clubs, and for other purposes. The petitioners call on Premier John Brumby and the state and federal governments to immediately suspend this project Read first time. to identify a more suitable site and to prevent an act of planning vandalism. Statement of compatibility By Mr D. DAVIS (Southern Metropolitan) For Hon. J. M. MADDEN (Minister for Planning), (380 signatures). Mr Jennings tabled following statement in Laid on table. accordance with Charter of Human Rights and Responsibilities Act: Housing: Bentleigh In accordance with section 28 of the Charter of Human Rights To the Legislative Council of Victoria: and Responsibilities (the charter), I make this statement of compatibility with respect to the Gambling Regulation The petition of certain citizens of the state of Victoria draws Amendment (Racing Club Venue Operator Licences) Bill to the attention of the Legislative Council the proposed 2009 (the bill). high-density social housing development at 973 Nepean Highway and Corbie Street, Bentleigh, situated directly In my opinion the bill, as introduced in the Legislative opposite the high-density, seven-storey social housing Council, is compatible with the human rights protected by the development at the Kingston city hall. The four-storey project charter. I base my opinion on the reasons outlined in this containing 49 apartments will be federally funded and statement. fast-tracked by the state government as part of the social Overview of the bill housing initiative and economic stimulus plan. The purpose of the bill is to amend the Gambling Regulation The petitioners consider the proposed site is not suitable for Act 2003 to provide for certain transitional arrangements that such a project, noting: will apply to venue operator licences held by specified racing it is poor planning to have such a concentration of social clubs. housing; Human rights issues it is situated on a busy major highway and intersection 1. Human rights protected by the charter that are relevant experiencing severe traffic problems; to the bill. a chronic parking shortage already exists; The provisions in this bill do not raise any human rights there are no recreational facilities in the immediate issues. vicinity. The obligations under the provisions of the bill only fall upon The petitioners therefore call on the planning minister to persons who hold a venue operator’s licence. The Gambling reject the proposed social housing development at Regulation Act 2003 provides that a venue operator cannot be 973 Nepean Highway and Corbie Street, Bentleigh. a natural person. By Mrs COOTE (Southern Metropolitan) 2. Consideration of reasonable limitations — section 7(2) (986 signatures). As the bill does not raise any human rights issues, it does not limit any human right and therefore it is not necessary to Laid on table. consider section 7(2) of the charter.
SCRUTINY OF ACTS AND REGULATIONS COMMITTEE
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Conclusion prior to the new gaming machine arrangements to take I consider that the bill is compatible with charter of human effect in 2012. rights because it does not raise a human rights issue. The proposed bill responds to concerns about the fair Hon. Justin Madden, MLC treatment of these racing club entities and their ability Minister for Planning to continue to participate in the new gaming machine arrangements as clubs. Second reading I commend the bill to the house. Mr JENNINGS (Minister for Environment and Climate Change) — By leave, I move: Debate adjourned on motion of Mr GUY (Northern That the bill be now read a second time. Metropolitan). Honourable members will be aware that the Debate adjourned until next day. government has recently introduced legislation to implement the new gaming machine arrangements that will take place from 2012. Under these arrangements, SCRUTINY OF ACTS AND REGULATIONS Victoria will transition from the current duopoly COMMITTEE gaming operator system to a venue operator structure. Alert Digest No. 12 Hotels and clubs interested in operating a gaming venue under the new structure will need to acquire 10-year Mr EIDEH (Western Metropolitan) presented Alert gaming machine entitlements by way of the pre-auction Digest No. 12 of 2009, including appendices. club offer or the gaming auction to be held in the Laid on table. second quarter of 2010. Ordered to be printed. In order to operate a gaming venue under the new gaming machine arrangements a person must hold a Mr O’DONOHUE (Eastern Victoria) — I move: venue operator licence. To protect the integrity and not-for-profit nature of clubs, the government That the Council take note of the report. previously introduced house amendments to the I do so on the basis of some of the commentary and Gambling Regulation Amendment (Licensing) Act observations made by the Scrutiny of Acts and 2009 including the introduction of two types of venue Regulations Committee in the Alert Digest just tabled. operator licences, one for clubs and one for hotels. The right to a fair hearing is one of the fundamental To assist current venue operator licence-holders, the tenets that has been developed for a long time government introduced transitional provisions that through common law. That right has been allow venue operators to be deemed as either holding a incorporated into section 24 of the Charter of Human club venue operator licence or a hotel venue operator Rights and Responsibilities Act. Subsection 1 of that licence, without requiring them to undergo an section states: application process before renewal. A person charged with a criminal offence or a party to a civil proceeding has the right to have the charge or proceeding However, it appears that those transitional provisions decided by a competent, independent and impartial court or did not deal with some of the complex legal structures tribunal after a fair and public hearing. of the particular racing club entities identified in this bill. The government has considered these particular Three bills are reported on in this Alert Digest that all racing club entities to be bona fide clubs. raise concerns about the right to a fair hearing. There are arguments about the extent or significance of the This government continues to support the good work infringements on this right, and in the commentary and endeavours of racing clubs in Victoria. provided by the ministers there is some analysis of the interplay between the right and the objectives in The bill before the house will amend the Gambling the respective bills. But, as a general observation, it Regulation Act 2003 to extend the current transitional does concern me that in three separate pieces of provisions to a small number of identified racing clubs proposed legislation on the same day this right is and enable them the appropriate restructure to ensure potentially impacted. I will mention two of the three they fall within the club category of venue operator situations in particular that concern me. licences. They will be given adequate time to do this
PAPERS
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Clause 4 of the Sentencing Amendment Bill 2009 Estate Agents Act 1980 — Notice of approval of registered arguably introduces retrospectivity. It introduces a new education and training organisations under section 10C(i) of the act. statutory sentencing factor to a proceeding, and it does so potentially to a proceeding that is either on foot, Gambling Regulation Act 2003 — Amendment to the appellable or about to proceed, meaning that since the Category 2 Public Lottery Licence pursuant to time of an alleged incident a new sentencing factor is section 5.3.19(4)(b)(ii) of the act. being introduced. That goes against practice, and I raise Planning and Environment Act 1987 — Notices of Approval it for the attention of the house. of the following amendments to planning schemes:
In the Statute Law Amendment (Evidence Ballarat Planning Scheme — Amendment C123. Consequential Provisions) Bill that has been reported Banyule Planning Scheme — Amendment C61. on in this Alert Digest, clause 52 expands the definition of ‘unavailability’ — that is, the unavailability of a Bass Coast Planning Scheme — Amendment C95. witness to give evidence. Potentially there are reasons Boroondara Planning Scheme — Amendments C64 and for this, although I note that issues of personal security C104. and the like can in the most part be addressed via a closed court or via remote evidence being given by a Brimbank Planning Scheme — Amendment C110. witness. It is concerning that a situation is being Cardinia Planning Scheme — Amendments C123 and introduced where on more occasions evidence may be C136. led but the ability to cross-examine will not be given to East Gippsland Planning Scheme — Amendments C72 an accused. I again raise that for the concern of the and C77. house. Glen Eira Planning Scheme — Amendment C72. Finally, I thank Minister Hulls, the Attorney-General, for clarifying the Personal Property Securities Glenelg Planning Scheme — Amendment C51. (Commonwealth Powers) Bill in his correspondence. Greater Bendigo Planning Scheme — Amendment He has clarified that the charter does not apply to acts C114. where a power is referred to another jurisdiction. In Hobsons Bay Planning Scheme — Amendment C66. most cases that is the commonwealth but in some situations that could be to another state as part of a Knox Planning Scheme — Amendments C76 and C100. national scheme. The committee has raised this issue previously and until now had not received a satisfactory Mansfield Planning Scheme — Amendments C14 and C17. answer; it is worth noting that the charter will not apply when a head of power is referred to another jurisdiction. Maribyrnong Planning Scheme — Amendments C80 I will quote from the relevant section of Minister Hull’s and C81. letter, where he states: Mildura Planning Scheme — Amendment C59.
From the date of enactment of a referral act by a state Mitchell Planning Scheme — Amendment C68. Parliament, the matter referred is in the commonwealth’s hands to which the commonwealth’s interpretive and other Monash Planning Scheme — Amendment C65. measures apply. The resulting commonwealth legislation, including subordinate legislation, is accordingly not subject to Mornington Peninsula Planning Scheme — the charter … Amendments C84 and C95. Motion agreed to. Mount Alexander Planning Scheme — Amendment C23.
Moyne Planning Scheme — Amendment C39. PAPERS Murrindindi Planning Scheme — Amendment C22. Laid on table by Clerk: Nillumbik Planning Scheme — Amendment C61. Crown Land (Reserves) Act 1978 — Minister’s Order of 17 September 2009 giving approval to the granting of a lease Surf Coast Planning Scheme — Amendment C43 at Shepparton Public Garden Reserve. (Part 2).
Duties Act 2000 — Treasurer’s reports of exemptions and Victoria Planning Provisions — Amendments VC59 refunds arising out of corporate consolidations and and VC60. reconstructions for 2008–09 (two papers). Warrnambool Planning Scheme — Amendment C55.
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Whitehorse Planning Scheme — Amendment C92. BUSINESS OF THE HOUSE Whittlesea Planning Scheme — Amendment C117. General business Wyndham Planning Scheme — Amendment C129. Mr D. DAVIS (Southern Metropolitan) — By Yarra Planning Scheme — Amendment C119. leave, I move: Yarra Ranges Planning Scheme — Amendments C82 That — and C91. (1) precedence be given to the following general business Primary Industries Department — Report under section 30L on Wednesday, 14 October 2009: of the Surveillance Devices Act 1999, 2008–09.
Public Record Office Victoria — Report, 2008–09. (a) notice of motion no. 26, standing in the name of Mr D. Davis, relating to the production of certain Special Investigations Monitor’s Office — Report for the MAMS expenditure reports; period 1 January to 30 June 2009, pursuant to section 30Q of the Surveillance Devices Act 1999. (b) notice of motion no. 28, standing in the name of Mr D. Davis, relating to the production of certain Statutory Rules under the following Acts of Parliament: documents relating to the Working Victoria and Shine advertising campaigns; Associations Incorporation Act 1981 — No. 113. (c) the notice of motion given this day by Mr D. Davis Gambling Regulation Act 2003 — Nos. 108 and 114. relating to the establishment of a select committee on government corruption in Victoria; Guardianship and Administration Act 1986 — No. 107. (d) resumption of debate on orders of the day nos 17 to Infringements Act 2006 — No. 106. 22, to be debated concurrently pursuant to an order of the Council on 15 September 2009; Magistrates’ Court Act 1989 — No. 110. (e) resumption of debate on order of the day no. 16, Road Safety Act 1986 — Nos. 115 and 116. relating to wastewater and stormwater; and Sheriff Act 2009 — No. 112. (f) resumption of debate on order of the day no. 14, Supreme Court Act 1986 — No. 111. relating to registered training organisations; and
Supreme Court Act 1986 — Coroners Act 2008 — (2) this house authorises the President to permit notices of No. 109. motion, general business, nos 26 and 28 to be moved and debated concurrently. Subordinate Legislation Act 1994 — Motion agreed to. Minister’s exception certificates under section 8(4) in respect of Statutory Rule No. 109.
Ministers’ exemption certificates under section 9(6) in respect STANDING ORDERS COMMITTEE of Statutory Rule Nos. 106, 110, 111, 113, 114, 115, 116 and 117. Reporting date
Proclamations of the Governor in Council fixing Mr DALLA-RIVA (Eastern Metropolitan) — By operative dates in respect of the following acts: leave, I move:
Courts Legislation Amendment (Judicial Resolution That the resolution of the Council of 10 September 2008, as Conference) Act 2009 — 15 September 2009 — (Gazette No. amended on 13 November 2008, 31 March 2009 and 30 July S319, 16 September 2009). 2009, requiring the Standing Orders Committee to inquire into and report by 31 July 2009 on the establishment of new Road Legislation Amendment Act 2009 — Section 10 — standing committees for the Legislative Council, be further 1 October 2009 — (Gazette No. S332, 22 September 2009). amended so as to now require the committee to present its report by 30 November 2009. Sheriff Act 2009 — 1 October 2009 — (Gazette No. G40, October 2009). Motion agreed to.
MEMBERS STATEMENTS
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MEMBERS STATEMENTS which is welcome relief after three years of stage 4 restrictions. Geelong Football Club: premiership A decade of drought has hit western Victoria hard, but Mr KOCH (Western Victoria) — I would like to the combined effects of good rainfall, reduced congratulate the Geelong Football Club on winning the consumption and significant investment in 2009 AFL (Australian Football League) Grand Final on infrastructure that creates massive water savings is the last Saturday of September. returning dividends. Central Highlands Water users reduced household consumption to become amongst The players, club staff, directors and supporters did the the lowest water users in the state. They wrote the book Geelong region proud not only by blowing St Kilda for campaign 155. Football Club away but also by the manner in which they conducted themselves through the entire season, in Before the goldfields super-pipe the Ballarat region had particular during the weeks preceding the grand final. around four months supply of water. There is now enough water in storage for the next two and a half Gary Ablett’s Brownlow Medal, Paul Chapman’s years, and the $688 million Wimmera–Mallee pipeline Norm Smith medal and Max Rooke, the champion project is capturing billions of litres of water by from Casterton who kicked the opening and closing replacing over 17 000 kilometres of open channels with grand final goals, will go down in history. 8800 kilometres of pipeline. When this is complete it will save over 100 billion litres of water. This is The efforts of Matthew Scarlett, Corey Enright, Joel welcome news this week for communities that have Selwood, Paul Chapman and Gary Ablett during the been doing it tough for years; communities that will, I season were also highlighted by their inclusion in the am sure, continue to use water efficiently. AFL’s all-Australian team for 2009. There were many unsung heroes contributing to Geelong’s successful The Brumby government’s water plan is ensuring we season. Another standout was 23-year-old Harry will have enough water as we face ongoing drought and Taylor, a quiet achiever, who stripped St Kilda’s climate change. The benefits of the water plan to all courageous captain Nick Riewoldt of any glory on this Victorians and our environment have been superbly sport’s biggest day. illustrated this week. The achievements of the Geelong Football Club over Buffalo Stadium, Woodend the last decade have been unparalleled. Frank Costa and his colleagues, Brian Cook and his team, Mark Mrs PETROVICH (Northern Victoria) — Today I Thompson and the coaches along with all of the players would like to commend and support the efforts of a will be long remembered as Geelong continues to very active group of people in my home town of celebrate this monumental season. Woodend. As many people know, I am immensely proud to be part of the Woodend community, and, not Western Victoria should be proud of the Geelong surprisingly, I am not alone, as this town has a lot to Football Club’s achievements. We are not Melbourne; offer and a lot going for it for a number of reasons that I we are Geelong — the greatest team of all. Geelong would be more than happy to expand upon at length, Football Club and its members, along with the but time does not permit. community, look forward to more success in 2010. However, as we grow, so too do our needs for better Water: Victorian plan facilities; in this instance sporting and recreational facilities. A group of forward-thinking people have Ms PULFORD (Western Victoria) — A sigh of formed the Buffalo Stadium user group and are relief can be heard across the Wimmera, Grampians working towards expanding our Buffalo Stadium so and Ballarat areas this week in households, at sporting that it can cater for the growing number of basketball, clubs and in public open spaces. Yesterday Grampians netball and soccer players. As it stands, many juniors Wimmera Mallee Water announced an easing of water are being turned away each week because there is restrictions for over 40 towns including Horsham, simply not enough court time. Stawell and Ararat. Stage 4 water restrictions will be replaced by stage I restrictions from tomorrow, and The benefits of young people participating in sport are today Central Highlands Water announced that water unquestionable, and we need to be able to deliver in restrictions for Ballarat will also be eased. Residents spades in this area. In addition, as in many country will soon be able to water their gardens twice weekly, communities, an expanded Buffalo Stadium could be
MEMBERS STATEMENTS
Tuesday, 13 October 2009 COUNCIL 4865 used for many other purposes. In particular I have in day on which local communities across Australia gather mind a relocation centre for disaster management and a to commemorate the end of hostilities in World War I. place for coordinating emergency services. In the wake We commemorate the signing of the armistice on of Black Saturday, I believe we need these vital 11 November 1918, and scheduling a sitting of resources for the safety and protection of country Parliament for that day means members of Parliament, communities throughout Victoria. With millions of and particularly country members of Parliament, are dollars being thrown around by our federal government prevented from joining their local communities to for infrastructure projects — and a lot of it being commemorate this important event in Australia’s wasted on superfluous buildings — it would be great to history. Many in our communities see this as an affront see some of that fall on the Buffalo Stadium to the families and descendants of those who served in redevelopment. And if the local member were doing the Great War and indeed an affront to the community her job, she would be strongly advocating for this organisations, particularly the Returned and Services community and be able to deliver some funding from League clubs, which organise commemorative services. the state’s coffers. I am certainly putting my support behind this project to make the plan become a reality in I share this view and call on the government to the very near future. reschedule the sitting day of the 11th of the 11th. This year that date occurs on a Wednesday. There is no Western Health: nurse awards reason the sitting week could not be rescheduled so that we sit on Tuesday, Thursday and Friday rather than Mr EIDEH (Western Metropolitan) — It gives me Tuesday, Wednesday and Thursday. I ask the great pleasure to recognise the talented people who government to give due respect to the fallen and allow serve the people of Victoria in a host of capacities. MPs to fully participate in Remembrance Day services When I received a media release from the Minister for by rescheduling the sitting week so that Remembrance Health, Daniel Andrews, I must admit that I was proud Day can be observed by all. to see that two exceptional nurses from Western Health had been recognised at the 2009 Victorian Nursing and St Mary’s House of Welcome, Fitzroy Midwifery Excellence Awards for excellence in their roles. For that I congratulate Western Health, but most Ms HARTLAND (Western Metropolitan) — Today especially the nurses themselves: Susan McGregor, a I had the privilege of attending morning tea at blood transfusion clinical nurse consultant who was St Mary’s House of Welcome in Fitzroy. I was able to recognised for excellence in nursing practice; and speak to a number of people who attend St Mary’s, Jennifer Orr, manager of the aged care liaison service. such as Suzanne Hunt Tuzo, who is taking part in the Catalyst-Clemente program. This free program has Nursing is one of the toughest careers that a person can enabled Suzanne to do four university units this year, take on, and yet from the many nurses whom I have with assistance from the Australian Catholic University. met I hear many stories of how personally rewarding She will be able to attend the Australian Catholic they find their roles and just how much they love University next year as a second-year arts student. helping the community. To be a nurse is to be one of the most special people in the community, and I know St Mary’s proves that great things can be done to assist that many people owe them a great debt in so many people who are homeless, who are on low incomes or ways. That is why I regard such awards as these to be who are just down on their luck, so that they can get truly appropriate and exactly what the community back into the workforce and life in general. One of the would expect of its government — to recognise talent, things that is very noticeable about what happens at to honour commitment and to acknowledge the hard St Mary’s is that people are treated with dignity and work and commitment, often far above the respect, and even if they are homeless, have a mental requirements of their duties, of nurses. I wish Susan illness or are just on a low income, they are seen as true McGregor and Jennifer Orr every success in the future, people with a great deal to offer society. and I thank them for their dedication to the western suburbs. St Mary’s House of Welcome, Fitzroy Parliament: Remembrance Day Ms MIKAKOS (Northern Metropolitan) — I begin by expressing my personal condolences to the families Mr HALL (Eastern Victoria) — I wish to record my of the victims of the recent earthquakes and tsunamis in strong protest against the government’s decision to both Indonesia and Samoa, and I express my sympathy schedule a parliamentary sitting day on 11 November and sorrow to members of those communities affected 2009 — Remembrance Day. Remembrance Day is a
MEMBERS STATEMENTS
4866 COUNCIL Tuesday, 13 October 2009 overseas but also to their loved ones living here in Grantville and District Memorial Park: Australia. opening
Like Ms Hartland I had the opportunity this morning to Mr SCHEFFER (Eastern Victoria) — Last Sunday attend, as part of Anti-Poverty Week activities, the I was privileged to open the new Grantville and District preparation and serving of breakfast to many of our Memorial Park in conjunction with the mayor of the fellow Australians at St Mary’s House of Welcome. For Bass Coast Shire, Cr John Duscher, and the chair of the a number of years now parliamentarians have had the Grantville and District Memorial Park committee, opportunity to visit this very important institution in Cr Veronica Dowman. The establishment of the Brunswick Street, Fitzroy, and assist Victorians in their memorial park is the culmination of the sustained work time of need through the provision of a meal to them. and active engagement of many community members who imagined the vision and negotiated the planning I have on a number of occasions had the pleasure of and construction of what is now a remarkable site. visiting this important centre, and I take this opportunity to commend St Mary’s House of Welcome, Congratulations are deserved for the boldness of the which is run by the Daughters of Charity, for the idea of the memorial park. The design takes community important work it has done in providing support to memory seriously and, through considered plantings homeless and disadvantaged people since 1960 by not and interpretive story boards, the historical experience only providing meals for 6000 Victorians a year but of the Bunurong people and the European settlers from also providing a welcoming environment. first contact, through the rise and decline of the timber industry, the expansion of agriculture, the sufferings of HMAS Cerberus: art exhibition war, the impacts of depression and the building of prosperity can be recalled by resident and visitor alike. Mrs COOTE (Southern Metropolitan) — Last week I had the great fortune of going to see an art Sunday’s proceedings were opened by the Young Spirit exhibition in honour of HMAS Cerberus. It was an art Dance Group from Sale, and students from the Bass exhibition commissioned by Tamsin Davidson, Valley Primary School recited a short poem they had director, Pivotal Galleries, and Ted Browne was there written collectively. The proceedings ended with a as well. Tamsin Davidson organised for various artists brilliant musical history of the Grantville area entitled to do contemporary drawings of the Cerberus to remind Tales from the Waterline, written and narrated by Libby us of what it looks like today and in the past. The Skidmore, featuring vibrant local artists. exhibition was attended by a number of dignitaries, who were all there as supporters of the Cerberus. The Grantville and district community raised a remarkable $90 000 towards the park, the Bass Coast The Cerberus has been supported by representatives of Shire contributed around $250 000 and the Victorian all political parties, particularly David Kemp and government contributed just over $140 000. Andrew Robb from the Liberal Party. It is also supported by members of the Labor Party, and Mary I congratulate everyone involved in the establishment Delahunty gave money for it. In fact it has been of the Grantville and District Memorial Park for their supported by people of all political persuasions. efforts and for hosting a magnificent opening ceremony. It is therefore particularly disappointing to see that in the heritage grants for Victoria Peter Garrett, the federal Livestock: greenhouse gas emissions Minister for Environment, Heritage and the Arts, has overlooked the opportunity to give an estimated Mr VOGELS (Western Victoria) — I recently $2 million to Cerberus to brace it for the present criticised the handbook released by the CSIRO conditions. It is particularly disappointing to see that it encouraging us all to become vegetarians and claiming is the Rudd federal government that has let the that this would lead to significantly better outcomes for Cerberus down. the environment.
I commend Pivotal Galleries for putting on an excellent While livestock do emit greenhouse gases — according show for all. I also commend the people who were to the National Greenhouse Gas Inventory dairy there to celebrate and who had an interesting night farming produces 1.6 per cent of Australia’s looking at some great artwork. greenhouse gas emissions and livestock in total produce approximately 11.5 per cent — human beings have evolved over millions of years into omnivores, and that
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Tuesday, 13 October 2009 COUNCIL 4867 is why we can and do eat almost anything. Dietitians section 8 of the act. Should this law be enforced, it is recommend a well-balanced diet. This would include likely to have direct consequences on the livelihood of vegetables, fruit, meat, fish, dairy products, grains, Victoria’s medical practitioners. How did the denial of herbs and so on. the right to have a conscientious objection ever become swept into the abortion debate in the first place? There are many better ways of reducing greenhouse gases. They would include cleaning up coal-fired power Bernie Finn and the organising committee of the march stations, driving less by shopping locally, buying of the babies are to be congratulated and applauded for Australian, growing your own vegetables, installing a the timely reminder of yet another example of the rainwater tank and solar panels et cetera. steady corrosion of our society and its values by this destructive Labor government. I have received many comments both for and against the CSIRO handbook, but must admit I was somewhat Water: stormwater harvesting taken aback by the venom expressed by certain individuals who have absolutely no idea of the extent to Mr D. DAVIS (Southern Metropolitan) — Today I which Australian farmers care for and nurture their raise the matter of stormwater capture and stormwater animals. In an article in the Geelong Advertiser on run-off. Everyone in this chamber who has been near 6 October a well-known vegetarian activist, Will Melbourne in the last few weeks will know that in Schmidt, who wants to force a vegetarian lifestyle on September rainfall was modestly higher than usual and those who choose a traditional balanced diet, raised my in areas close to Melbourne, for example Boroondara, contribution to the abortion debate to attack me. there were some high levels of stormwater run-off. Because I oppose the killing of babies right up to the moment of birth, he claims I am a hypocrite when I Examples included Dights Falls on the Yarra, with a stand by to watch livestock being killed for human peaking of flow on 28 September at 5089.055 consumption, cows being milked and fish being megalitres per day, the largest flow in 12 months; and consumed. Ashwood, where the monitoring station recorded typical flow surges in tributaries lifting from a The ACTING PRESIDENT (Mr Finn) — Order! minimum per day in September of 4.165 megalitres to a The member’s time has expired. massive 1588.392 megalitres. Abortion: legislation The Yarra and its tributaries provide a fertile ground for stormwater capture at times of peak flow, and I make Mrs KRONBERG (Eastern Metropolitan) — Last the point particularly that hard surfaces like footpaths, Saturday, 10 October, marked the anniversary of the roads and roofs offer a great opportunity for the capture passing of the Abortion Law Reform Act 2008. of water, and more should be done to collect that water. Everyone in this chamber realises full well that this law The state government could have put proper capture in has ushered in the freest abortion laws in the world. place in the form of rainwater tanks, rain gardens and Many Victorians from all walks of life and from right wetlands to slow the surge of water and capture these across the spectrum of faiths and beliefs, young and sorts of flows. This is a lost opportunity, and has been old, remain vigilant about and deeply disturbed by this for 10 years under this government, to capture the law and the deep moral dilemma it wreaks on the stormwater as it surges towards the sea. people of this state. The ACTING PRESIDENT (Mr Finn) — Order! As an expression of their abiding concern as to the The member’s time has expired. impact of the law, in particular in relation to late-term abortions, thousands of concerned citizens marched through the streets of Melbourne and assembled outside GAMBLING REGULATION FURTHER on the steps of this Parliament. It was the march of the AMENDMENT BILL babies. Second reading This law also represents a stripping away of the rights not only of the unborn, but also of doctors and nurses in Debate resumed from 3 September; motion of this state who have a conscientious objection to any Mr LENDERS (Treasurer). involvement in abortions. These doctors and nurses Mr GUY (Northern Metropolitan) — It is indeed a who have deeply held pro-life beliefs have had their pleasure to speak on the Gambling Regulation Further basic human rights cast asunder by the tenets of Amendment Bill 2009. In doing so I think it is
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4868 COUNCIL Tuesday, 13 October 2009 important from this side of the house to note the chaos then have a 37-day period to notify the Victorian that appears to have surrounded the minister’s office in Commission for Gambling Regulation (VCGR) the preparation of this bill. We have just before had the whether it intends to make submissions and a further second reading of the Gambling Regulation 60 days to lodge the submission subject to a 30-day Amendment (Racing Club Venue Operator Licences) extension for exceptional circumstances. We Bill 2009, which is in reference to the bill that we are understand that is an important facet of the bill. now debating. There appears to have been a somewhat chaotic 2 hours leading up to today’s debate, or should I The VCGR then has 60 days to assess and determine say a chaotic day leading up to today’s debate, when it the application. If it fails to make a decision within was not known whether the bills would be moved 60 days, the bill states that it will be deemed to have together or moved separately, or whether the new bill refused to grant the approval. This is similar to many of would be moved as an amendment to the current bill. the planning instances with councils where the applicant will have to appeal the decision and take it to I hope that, before going to the third-reading stage Victorian Civil and Administrative Tribunal (VCAT) when the minister comes in to make some comments, for proper consideration. he is able to clarify at what point the Minister for Gaming became aware of the necessity for a second bill There are also restrictions on the applicant’s ability to to facilitate parts of the Gambling Regulation Further amend the application following its submission, such as Amendment Bill 2009 to avoid a repeat of the situation only being permitted to amend the number of machines that we have had over the last 12 hours or so. I am they intend to acquire within 30 days of submitting giving him plenty of notice. I note that it is not the fault their application, and any amendment later than that of the Government Whip or people on that side of the time requiring a new application. As I said, we have chamber, with the exception of those in the minister’s some concerns about that provision, although it is one office it appears, and maybe some others beyond that. of the major provisions in the bill. The coalition is However, I do not propose to be further sidetracked on concerned that in streamlining the application process that issue as I want to make some comments on this for new gaming venues and amendments to conditions bill. for existing gaming venue licences, shortening the period for consideration by the VCGR to just 60 days It is a quite lengthy bill and it makes some amendments consideration and restricting its powers to extend the to the Gambling Regulation Act 2003 to improve its time for councils to make submissions to 90 days, it operation. The opposition will not be opposing this bill. could be argued that these amendments will reduce the We accept the need to encourage streamlining in the opportunity for community debate over expanding application process, although we have some concerns gaming venues. I think that is a legitimate point to with elements of the bill, and I will come to those. If make. It is a very short period of time for some those concerns develop after the passage of the bill, we communities to consider the importance of gaming will ask the minister to review those points of the machine venues being expanded in their town, operation that have been approved by the passage of municipality or suburb, however large the locale, and it this bill. could be argued that the process should be longer for communities to consider that kind of presence of The bill facilitates the transition to the new gaming gaming machines being expanded in their area. machine regime in 2012: the new wagering licence, the new keno licence and the new monitoring licence. It I think there are recent examples where councils have will have some important effects should it be passed, taken polls of communities to ascertain their view of and no doubt other speakers from this side of the poker machines either coming into that community or chamber and I am quite sure the Greens and even being expanded. They found that some communities — government speakers will have much to say about that. and an obvious example is Romsey — did not want poker machines to come to their town at all. It could The bill makes several amendments to the application also be argued that a reduced time frame will lead to a approval process for those who are seeking approval of reduction in the quantity and quality of evidence that a venue for gaming and for altering the conditions of a can be put before the VCGR by objectors which could venue operator’s licence by, for example, varying the tilt the process in favour of applicants, and that is an electronic gaming machine (EGM) numbers at a important factor for the government to consider. specific venue. Applicants have to state the number of machines they intend to acquire for the premises and The deemed refusal provision is also one that may raise provide a copy of the application to the relevant concerns. It has occurred in my portfolio of planning in municipality in which they are located. The council will that difficult decisions could be avoided by the primary
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Tuesday, 13 October 2009 COUNCIL 4869 regulator through delaying decisions; instead VCAT entitlement holders by the minister to buy back the would be used as the de facto decision-maker. As affected entitlements. anyone who is familiar with the VCAT process knows, that will come with consequential delays and In the case of regional cap reductions, which I think we inefficiencies to the process, and that is something that have talked about in the past, entitlement holders will would need to be factored in. Any inquiry currently to have options to transfer entitlements to other regions, determine an application by a venue for the increase in assuming there is room under the government’s EGM electronic gaming machine numbers is required to be cap. They can sell those entitlements on the secondary held in public unless there are special circumstances. market or accept the minister’s buyback offer. Failure The bill proposes that an inquiry need only be held in to accept one of those options, which could lead to a public if the proposed increase in EGM numbers is breach of a regional cap, would lead to a forfeiture. 10 per cent or more above the current numbers, or where a further increase is sought within two years of a There are also provisions in the bill for large-note previous increase in EGM numbers. acceptors and unrestricted autoplay facilities on electronic gaming machines. The bill repeals a section The VCGR may also determine an application to that allowed machines located in an area specified by amend a venue operator’s licence to increase the the VCGR to be exempt from the rules banning maximum EGM numbers at a venue without machines from having large-note acceptors, or what are conducting a public hearing where the relevant local called ‘autoplay’ facilities and having spin rates not less council has not made a submission or where the council than the satisfactory requirements. My understanding is and the venue operator have agreed to the VCGR not that three venues and only 15 machines across the state conducting a public hearing. In any event the decision are affected by this, and I note that the casino is exempt of the VCGR must be delivered in public. from this change.
The proposal to allow applications for smaller increases The Liberal Party and The Nationals believe the in gaming machine numbers at venues without an removal of the regulator’s powers to exempt inquiry, which as I said before is up to 10 per cent, is of EGMs from player protection measures, including concern. While it would require the agreement of the things such as spin rates and large-note acceptors, is relevant council and the applicant, it could be argued appropriate, but there has not really been an adequate that the broader community should have the explanation as to why the casino is exempt from this opportunity to be heard on such matters at a public change. I think that has been a feature of a number of hearing. With no obligation on the VCGR or the gaming bills which have come before this Parliament, applicant to advise the fact of an application having where we have seen one rule for other venue operators been made, it puts a great deal of responsibility on local and one rule for the casino. While I do not disparage the councils to ensure the community is informed of casino directly, it is obviously a question of consistency applications to amend conditions on gaming venues. of policy if the government is not explaining provisions We accept there will be concern about the lack of properly to the Parliament and to the shadow minister, public scrutiny of the expansion of some venues. As I the member for Malvern in the other place, Michael mentioned before, there are examples such as Romsey O’Brien. and other municipalities and towns and suburbs that have significant problems with poker machines being in The bill will also change the formula for calculating their communities, let alone the possible expansion — electronic gaming machine taxes for gaming venues. whether it is by 10 per cent or more — of their numbers Rather than basing taxes on the number of EGM without public scrutiny. entitlements in use over a calendar month, my understanding is it will be based on the number of The minister may issue a temporary monitoring licence EGM entitlements per day, divided by the number of or direct the VCGR to appoint a monitoring services days in each month. This deals with situations where provider and may amend a monitoring licence at any EGMs are moved between venues to ensure that tax is time should the bill be passed. Monitors have their civil calculated only for those days where the EGMs are in a liability limited and may be directed to enter into venue. That makes a great deal of sense. The minister agreements relating to the monitoring by the minister. may also give written direction to a gaming operator to Where the minister amends the number of gaming provide information that may be relevant to what the machines permissible in a region or reduces the number monitoring licensees will do and may require the of EGMs across Victoria, this bill sets out procedures monitoring licensees to provide relevant material to the for the making of offers to affected gaming machine minister.
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I know the bill has some detailed points in it which no The bill also authorises the Minister for Gaming to doubt other contributors to the debate will allude to require a Club Keno operator to provide information later, but there are some issues on wagering and relevant to the application process for that new keno betting-related amendments in part 3 of the bill to licence and to disclose that information to an applicant. which I want to make reference from the opposition’s The minister will also be able to order the keno licensee point of view. Clause 81 in part 3 of the bill commits to to enter into an agreement with the minister or another legislation a government promise to conduct a review person at the minister’s direction. There is also of the tax rate for wagering and betting to be completed provision for the minister to issue temporary keno and laid before the Parliament on or before licences for 90 days if necessary. The VCGR is 31 December 2012. We know 2012 is important as we authorised to give directions to the keno licensee with try to pair up licensing in this state. The bill also which the licensee must comply. provides powers to issue a temporary — in this case, 90-day — wagering and betting licence in addition to Before I conclude it is also interesting to note that, as current powers to issue longer-than-three-year we are talking about keno and bingo, cash payments of temporary licences. The government advises that only $1000 or more must be paid by cheque and payments one licence would ever be in operation. That is in part 3 of bingo prizes of any amount must be paid by cheque of this bill. The minister will have powers provided to at the request of a person with a venue prize of any size, him or her to amend the wagering and betting licence which reflects the requirements for gaming venues. I and to introduce related agreements to the licence. think that is a good and quite sensible point, and those on this side of the house are very happy to support it. We have some concerns about some of those changes, especially the future funding of racing, despite As I said, there are aspects of the bill that are of concern government promises of a ‘no less favourable’ funding to the coalition, particularly regarding the streamlining outcome for Victorian racing industries. My colleague of gaming venue application processes, which I the shadow Minister for Racing in the lower house, understand members will talk about further. This would Denis Napthine, has made some points about that certainly reduce the opportunities for community input. which are immensely important and go to the heart of racing and the certainty of securing racing venues in We have concerns about that; however, it is fair to say Victoria. I would hope the government, when we are that, on balance, what the government is offering in the talking about ‘no less favourable’ funding outcomes for way of changes is mainly facilitative of transitional racing industries, would rethink some of its ideas about phases for the new 2012 environment. That is country racing in this state, which in my view have something we have been on record as supporting. As I been deplorable over the last couple of years. said from the outset, the coalition will not be opposing the passage of this bill. We also have some concerns that these changes will introduce increased risk to holders and potential holders Mr TEE (Eastern Metropolitan) — I am very of Victorian wagering and betting licences, which will pleased to speak on the Gambling Regulation Further reduce the value of the licence currently subject to a Amendment Bill. This bill builds on the work that the tender process. They are concerns which we have government has done in transitioning from the gaming relayed in public before and put on the table again. operator structure to a venue operator structure. It will bring to an end the duopoly that is in place and will I briefly want to talk about Club Keno agreements. I allow venue operators to own their own gaming understand the bill will provide that the value of any machines. It is a great move forward in that area. prize unclaimed after six months will be paid to the Treasurer, who must meet the claim should the winner The bill builds on that transition model and sets out a make a demand. I am sure the Treasurer of Victoria is number of the changes needed to achieve that outcome. grateful for that part of the bill being factored in, given The outcome will be that a bidding process will be put that he is a little strapped for cash at the moment and is in place that will allow venue operators to bid to having to look at stinging land-holders on the outskirts operate machines for 10 years. The criteria for of Melbourne to find some extra cash. The Treasurer tendering will be very strict. They will require venue himself might be hoping that some Club Keno operators to hold a current venue operator’s licence, ticket-holders do not in fact take their claim. I have gaming machine entitlements and have access to understand, for the basis of recurrent revenues, that approved premises and they will be able to obtain Treasury would be very happy if that were the case. gaming machines and gaming equipment as well as being linked to a monitoring system that will be put in place. An independent monitor will be appointed
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Tuesday, 13 October 2009 COUNCIL 4871 through the issuing of a single monitoring licence, Other features of the bill deal with the issue of which again will be achieved through a competitive liabilities. They ensure that with a failure of the process. The role of the independent monitor will be to monitoring system there is protection for the state so ensure the integrity of the transactions in venues. that the state does not have to carry any risk in the provision of monitoring services. The bill also ensures Currently information sessions and information packs that players are protected, by providing that the monitor have been provided statewide in many locations around will be liable where a prize cannot be paid because of Victoria to assist in the process. Those information the failure of the monitoring system. sessions for the industry will continue to be rolled out in the days, weeks and indeed months ahead, so that A number of provisions of the bill streamline the everyone who has an interest in this will be able to process for applications for premises approvals. The bill understand both the process and the requirements that picks up a current issue where there are applications for must be met. The information process is under way. As minor changes in the number of gaming machines and I said, the bill builds on the framework that is in place there are lengthy delays that are unnecessary and do not and ensures that there is a more efficient operations add any value to the operators, local councils or the model without comprising in any way the standards that community. The bill deals with applications for have been put in place. changes of no more than 10 per cent in the number of gaming machines and allows for the commission to The framework provided for by the bill has a number of deal with those matters on the papers, where the local features. The first of those features is that the bill allows council has not lodged a submission on an for a government buyback of gaming machines should application — that is, it picks up the situation where a government decide to do so. It is not the intention of there is no opposition from the council. Instead of this government to reduce the number of gaming having an unnecessary public hearing, the commission machines, but future governments may wish to exercise can deal with an application on the papers. this prerogative. The bill provides a vehicle for buyback mechanisms should a decision be made in future to Equally, there is currently a requirement for the VCGR reduce, for example, the regional or municipal caps or to obtain the views of certain parties, including the limits. The first step that will be required to be taken as council, before it is able to proceed with an application. part of a buyback will be a market-based approach, That means that often there are delays where, for whereby the government will offer to buy back gaming example, a council does not have a view, or at least not machine entitlements from willing venue operators. a positive view, about an application to the Those venue operators will have an option to apply to commission. Unless and until that council expresses its the regulator, the Victorian Commission for Gambling view, the commission is unable to act. That Regulation (VCGR), to have the conditions on their unnecessary hurdle is repealed by the bill. Where the entitlements amended so that they can use their council has an objection, there is a requirement for entitlements in other geographic areas that are not public hearings to continue, so the bill provides affected by any regional or municipal cap or to transfer protection where there are objections from councils. their entitlements to another venue operator. There are a number of options built into the buyback scheme. Another issue the bill deals with is problem gambling. Again Victoria is very much leading the way nationally The second feature of the bill relates to the monitoring with some of the responsible gambling measures we system that is being put in place. An independent have in place, including, for example, banning monitor will oversee the integrity of the system. The automatic teller machines from gaming venues. The bill bill deals with the consequences where, for whatever builds on that commitment by removing some of the reason, there is no monitor. It ensures that, in the exemptions that now apply under provisions such as absence of a monitor, gaming machines will be able to those that allow for unrestricted gaming machines in continue to operate. It is possible to envisage specified areas. Currently the player protection features, theoretically that the monitor is no longer in place including the banning of large denomination notes and because the monitoring licence is cancelled or so on, do not apply. The bill removes those unrestricted suspended or there is some other reason for a failure in areas and ensures that problem gambling measures in the provision of monitoring services. The bill picks up place elsewhere apply throughout the venues. With what is to occur in those circumstances by empowering those words, I commend the bill to the house. the minister to appoint a manager to operate the monitoring system on an interim basis until an Mr BARBER (Northern Metropolitan) — The alternative monitoring arrangement is put in place. Greens support the broad thrust of the bill save for two related clauses, the first being clause 15. I inform the
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4872 COUNCIL Tuesday, 13 October 2009 house that we have amendments to undo this attempt to another redundant step. First of all, a local council is repeal a provision of the principal act. I am happy for perhaps the only group that is in a position to talk about those amendments to be circulated now. the broad interests of its community as a whole. This became particularly important in the Romsey case, Greens amendments circulated by Mr BARBER which established for the first time that the benefits and (Northern Metropolitan) pursuant to standing disbenefits of gambling that a decision-maker might orders. need to consider include the general views of the community — that is, if the community itself did not Mr BARBER — Clause 15 of the bill repeals want poker machines, then having them would be a section 3.3.7(4) of the principal act. That section says: disbenefit. If the relevant responsible authority does not make a submission under section 3.3.6, the Commission must seek The Court of Appeal judges ruled — and I am pretty the relevant authority’s views on the application and must sure this is a direct and accurate quote: consider those views (if any) in determining the application. … if the approval of gaming at particular premises is likely to For the purposes of what we are talking about, that cause unhappiness or discontent in that community (or any authority would frequently be the local council. part or parts of it) — —
Mr Tee has just told us that this is an unnecessary and Mr Drum interjected. in some ways a redundant step. I ask him and other Mr BARBER — Mr Drum chuckled to himself, as members to consider why this sort of thing appears in he knows full well that that applies to just about every so many other pieces of legislation and of course in community. I continue to quote: planning schemes. The idea that a certain decision-maker must refer an application and seek the that consequence is a ‘social impact of approval’ — views of a particular agency on it is pretty well entrenched. There are provisions in the Water Act for the judges themselves were quoting here — one minister to consult another minister even though which will be ‘detrimental to the wellbeing of the the second minister may have no opinion and may community’. It will be detrimental to wellbeing because it provide feedback along those lines. Frequently within diminishes the citizens’ sense of happiness with, or our planning schemes a whole range of applications are contentment in, their community. automatically referred to VicRoads, the Department of The court stated: Sustainability and Environment, catchment management authorities and other agencies with their The views which members of a community have about the own responsibilities. kind of community in which they wish to live will reflect a whole variety of interests, aspirations, beliefs and There is nothing uncommon about a provision like this. experiences. If this were particularly undesirable, you would think We know the state government constantly attempts to the government would try to eliminate such provisions minimise discussion and a broad understanding of the wherever it could — or perhaps it just believes the issue extent of gambling-related harm in our community. It of poker machines, and particularly the expansion of constantly plays with statistics in an attempt to indicate venues and a range of other matters regarding the that if there is an impact, it is small and manageable. operation of venues, is trifling. I can assure the We believe the incidence of gambling-related harm, as government that communities see it totally differently. opposed to the incidence of those who meet a particular Therefore I see no particular reason not to maintain the test for being problem gamblers, is wide. It has to be, status quo. because the amount of money that is being lost on However, there are further provisions within the bill in poker machines is now huge. Whatever your definition which voting for clause 15 could have knock-on effects. of ‘problem gamblers’ is, they are concentrated in those I refer to the other clause of the bill we are attempting communities and amongst those groups that can least to have removed, clause 109. In short what is afford to be gambling. Even a broad opinion poll shows happening here is that if a council, which is no longer that the community’s attitude reflects that. required to be consulted, fails to provide a submission, How is a community’s attitude to be taken into then the commission is no longer required to hold a consideration in one of these decisions? It seems it will public hearing — that is, a hearing out in the open. only be taken into consideration in a serious way if its Mr Tee indicated that having a public hearing where, in council makes a submission. Effectively communities his mind, there is no real interest in the matter is just will now have to lobby their councils to make sure that
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Tuesday, 13 October 2009 COUNCIL 4873 on each relevant application the council reserves its To this day almost all of Victoria’s hotels and clubs are right and then goes ahead and makes a submission. unaware of the processes involved, for example, in the bidding for gaming entitlements, which is making them Then we have to talk about what is in the submission. It and the banks, which have to finance these venues, very might be assumed that councils can just go out and nervous indeed. I hear this claim on an almost daily make thorough submissions on any occasion, and that basis. is up to them. I would have to say that councils are up against applicants who have had months, or even years, This bill essentially patches some holes in the to consider their applications and gather the necessary amendments which were passed in this place through evidence to support their case, where in this instance previous bills, but there are some significant concerns. councils will have weeks, or in some cases a couple of Before I get onto that, clause 11 relates to the prohibited months, to respond. interest in gaming machine entitlements; it will now become unlawful for an entitlement holder to hold a They will not have the sorts of consultants backing prohibited number of hotel gaming machine them up that the industry generally has behind it. This entitlements or club gaming machine entitlements on or could occur in a council area where there was little after the day declared by the minister. action in the realms of changes to poker machine venues, in which case you could see why a council That follows on from the previous amendment provided might be caught flat-footed if in the past it had not had that no club in Victoria would be able to hold more than to prepare, or had only rarely prepared, such 420 club gaming machine entitlements and no one submissions. Or, in the other instance, where they are owner would be able to own more than 35 per cent of happening all the time, the council can continue to be the hotel gaming machine entitlements. The minister completely overwhelmed by the issues it is facing. In gave his assurance in another place that the cut-off day any instance, the council is at further disadvantage, and will be within 28 days after the settlement of the therefore the community is at disadvantage. In any gaming machine entitlements. case, how would the community know that this time line is looming and that it is something for its council to Clause 13 provides that a proposed application for the consider? Quite simply, that is our objection to the approval of premises must be given to the relevant removal of this clause. responsible authority before it is made. Council is then given 37 days to notify the Victorian Commission for To summarise, the legislation as currently written Gambling Regulation whether it intends to make a assumes that the council acts as proxy for its own submission and then a maximum of 60 days to make community’s views and opinions and aspirations for that submission. Many people would — at least, I wellbeing, and that linkage, already weak, is being certainly would — be very concerned about such a further limited. Those concerns were very much echoed heavy reliance on local governments to engage with the by Mr Guy when he spoke earlier. I would therefore local community and the level of activity that is hope that the other non-government parties are willing required to seek the views of the community on to support our amendments. whether or not a new gaming machine venue will be acceptable to the local community. Mrs PEULICH (South Eastern Metropolitan) — I also wish to make a few remarks about an industry that Recent examples of consultation in relation to, say, is of significant importance to Victorians, to Victoria’s social housing show that it has been grossly budget and to the community in terms of not only its deficient — in fact, dare I say, dishonestly manipulated prevalence and the amount of revenue that is generated by some. There needs to be some sort of prescription, but also its effects. possibly by regulation, for a process that is explicit in terms of the requirements — including, for example, This bill adds another 112 pages to the 1138-page cross-border consultation on municipal boundaries — Gambling Regulation Act. This is further proof that the to make sure that there is an overall picture of Brumby government has really struggled to get on top saturation through the number of gaming machine of this portfolio. Often the left hand does not know venues. what the right hand is doing, and this bill, with provisions in relation to monitoring, poker machine We have seen the economic stimulus plans for social entitlements, wagering, lotteries and keno, really shows housing generate a lot of uncertainties, and these must that the entire process of the gaming policy has very be avoided by devolving much of that to a fairly much been one of developing policy on the run. ambivalent local government process which may not have the prescribed oversight. The state government is
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4874 COUNCIL Tuesday, 13 October 2009 putting the burden on local councils to notify residents Clauses 108 and 109 provide that if there is a proposed and businesses about plans for new venues. We may increase to the licence of a venue that is an increase of find out that local councils — particularly, say, 10 per cent or less of the number of gaming machines at Labor-dominated ones — are told to keep quiet, that venue, then the commission may determine the perhaps over some controversial new gaming venue, application without conducting a public hearing. I am maybe in a marginal seat, in return for a substantial not sure exactly how that will work, but I would hate to donation to a campaign. see a system where a venue may come in for an incremental increase of 10 per cent every year, thereby They are the sorts of things that I and most Victorians avoiding a process which offers public scrutiny. That do not want to see happen in Victoria. Without the would be like the salami approach, where you get a existence of an anticorruption commission, the slice of the salami now, which is your 10 per cent, and fragmentation of the gaming industry heads in a very another 10 per cent slice of the salami next year until dangerous direction. It should be of enormous concern the community has the entire length of salami. That to those who have seen such gross mismanagement of might cause a lot of indigestion for a community that is gaming policy under this government. not welcoming of an additional number of gaming venues. The potential for this government to procure and secure donations in return for favours for mates is Recently the VCGR released its 2008–09 figures in unprecedented. I place on record my serious concerns relation to gaming machine expenditure throughout about how this may be abused, especially where there Victoria. Victorians lost $2.7 billion — a $96 million are Labor-dominated councils. We saw an example in increase on the previous year’s total losses. The Brimbank; there are 9 out of 11 Labor councillors in the capacity to invigorate this industry further and at the City of Monash; and at the City of Kingston, although same time to fragment the probity system that applies there is not a majority of Labor councillors, nonetheless and the oversight it is given is, I think, a recipe for Labor holds the upper hand. These matters can be disaster for the Victorian community, for the vulnerable subjected to party political processes that can generate problem gambler and, more importantly, for the some undesirable outcomes for the community. compulsive gambler.
Some councils may be genuine in how they consult. I have a particular interest in compulsive gambling. Some may direct mail local residents and businesses Compulsive gambling is a term used by psychologists, concerning proposals; others may choose to advertise in not social workers. Social workers are more concerned an obscure column in a public notice section of a local with problem gamblers. Compulsive gamblers may newspaper that no-one ever sees, and as a result no constitute approximately 3 per cent of our population, objections will be received. I emphasise that a statewide and when they need assistance they need to be able to standard is essential if we are to involve local access it here and now, not at a community health government in the process of consultation on new centre 6 to 8 or 12 weeks later. Any system that fails to gaming venues. This needs to be open and transparent, deliver a necessary service to the compulsive gambler and it needs to have oversight. The performance of is a system that has failed, and this system has failed. local governments has been mostly patchy. This is too important an industry for that to be allowed to mar it Of the $96 million in increased losses, $55.3 million, or further. 58 per cent, came in just three months after the Rudd government’s economic stimulus package months of Clause 108 proposes to restrict the opportunities for December 2008, leading to a $29.2 million increase and public hearings on amendments to venue operators’ a further $26 million increase in April and May 2009. licences to increase gaming machine numbers. At the Effectively, Mr Rudd sent out the stimulus cheques and moment hearings of the Victorian Commission for unfortunately Premier John Brumby banked them on Gambling Regulation are pretty much conducted in behalf of Victorians, using the electronic gaming public unless exceptional circumstances apply, which is machines merely as a conduit. The rate of loss also a very good thing. The bill proposes some increased sharply, growing by $96 million in 2008–09 circumstances where decisions of the VCGR will not compared with $68 million in 2007–08. Losses be made through public hearings; rather, applications to increased in 17 of the 19 capped areas — areas which increase the number of gaming machines at particular were targeted by the Brumby government as problem approved venues will be done on the documents gambling hot spots. This is absolute proof of the failure provided. I consider this to be a diminution of probity of the Brumby government’s gaming policy. that applies in the consideration of those applications.
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On a local level, the figures show that $123 318 443.85 Currently the city of Frankston is entitled to an extra was lost in Casey poker machines this financial year. 334 gaming machines, the city of Casey is entitled to This figure represents a 5.15 per cent increase on last another 680 machines, the city of Kingston is entitled to year and an 18.72 per cent increase since the Brumby another 160 machines, and the city of Monash is government implemented smoking bans as part of its entitled to another 149 machines. Previous changes to problem gambling strategy. This shows yet again how the Gambling Regulation Act placed a cap on the the problem gambling strategy has failed Victorians and number of machines per 1000 of adult population; local Victorian communities. The figures also show that councils that exceeded that amount would be stripped $73 857 640.29 was lost in Frankston poker machines of poker machines, and that was the case in Greater this financial year. This figure represents a 7.92 per cent Dandenong. However, local municipalities that were increase on last year and a 20.91 per cent increase since under the Brumby government’s target would be forced the Brumby government implemented smoking bans as to accept the excess machines. Early last year council part of its problem gambling strategy. That is a representatives from the City of Frankston were 20.91 per cent increase in Frankston. naturally concerned that Frankston would become a target for the excess machines, and that process has The figures further show that $121 121 650.63 was lost already started to occur. in Greater Dandenong poker machines for the financial year. This figure represents a 4.35 per cent increase on It is time for the Brumby government to admit that its last year and a 17.42 per cent increase since the smoke-and-mirror initiatives have not stopped or Brumby government implemented smoking bans as reduced problem gambling and have only accelerated part of its problem gambling strategy. Lastly, the Treasury’s greedy tax grabs. Gaming has been figures show that $90 074 552.04 was lost in Kingston mismanaged substantially, and unfortunately a lot of poker machines for the financial year. This figure that burden has fallen on members of my community. I represents a 3.02 per cent increase on last year and a will not call it maladministration, but the poor 13.06 per cent increase since the Brumby government administration of the Community Support Fund means implemented smoking bans as part of its problem that little comes back to those communities most gambling strategy. This demonstrates quite clearly that directly affected. all its initiatives have failed to deliver any substantial improvements in key areas of gaming policy. In closing, the opposition has warned this government on a range of pending gaming failures: lottery licences, One issue that is currently a concern in the community club entitlements, regional caps, machine relocations, is the lack of updates on the VCGR website in relation problem gambling strategies and gaming machine to regional statistics. The latest figures for the regional entitlements, as well as the Tattersall’s and Tabcorp statistics are from 2006–07. This is clearly unacceptable alignment. Unfortunately the opposition has been right and is a matter that should be addressed as soon as on every single occasion. I will certainly keep a very possible. It is too important a matter to conceal by not close eye on the impacts of this legislation, especially updating those figures on a regular basis. Population the role of local councils in providing notification of figures in the regional statistics for 2006–07 are proposed gaming venues. significantly outdated, especially in growth areas I represent in Melbourne’s south-east. Therefore they do I hope it does not go down the same path as we have not allow for a correct analysis of the gaming machines seen in planning where it is much more about no available to local government areas under the regional planning than good planning. With those few words, I caps program and the Brumby government’s policy of indicate that the opposition is not opposing the bill, but 10 electronic gaming machines per 1000 adults. I did want to use the opportunity to place on record the concerns of constituents of South Eastern Metropolitan Unfortunately, I have had to use outdated population Region about its impact on businesses as well as figures in researching the available increases in gaming members of the community. machine entitlements for local government areas in the future, and as the population increases in Melbourne’s Sitting suspended 6.27 p.m. until 8.02 p.m. south-east, the number of available gaming machines that can be within a local government area also Mr ELASMAR (Northern Metropolitan) — I rise to increases. This is possibly the reason why the Brumby support the Gambling Regulation Further Amendment government has not updated its regional statistics on the Bill 2009. I have already spoken in this house on VCGR website — because that enables it to pump previous amendments to gambling legislation, which more machines into an area without raising public have been necessary because Victorian problem awareness. gamblers have at times needed protection from
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4876 COUNCIL Tuesday, 13 October 2009 themselves. Introducing the cash payout limit of $1000 that may occur in the future. Streamlined application and requiring sums of more than $1000 to be paid out procedures are proposed to cut time and reduce stress or by cheque has stopped gamblers from immediately uncertainty for gaming machine applicants. The ploughing substantial winnings in excess of $1000 back provision of transparency and accountability by all the into poker machines. The new provisions give problem parties concerned will ensure a healthy leisure industry, gamblers breathing space so they can bank a cheque which Victorians enjoy and, in the main, understand and perhaps spend the money on other personal needs. they have to pay for. I commend the bill to the house. The amendment bill currently before this house provides for the same measures to be applied to bingo Motion agreed to. winnings in excess of $1000. Read second time. Because many bingo games operate in pokie venues it would appear that the same scenario is playing itself Committed. out — no pun intended! Bingo winners are playing Committee their winnings in the poker machine part of the bingo venues. Importantly, the amendment currently before Clauses 1 to 14 agreed to. the house also clarifies and defines a more transparent and accountable structure than was previously in place. Clause 15
The new licensing arrangements, set to come into force Mr BARBER (Northern Metropolitan) — I need to in 2012, have been controversial. Many small clubs ask the minister a question about clause 21 in order to believe they will be getting a raw deal with the new inform members of the house in relation to how they licensing arrangements. This is not the case. This may wish to vote on my amendment to clause 15. I just legislation sets out proper bidding processes and need a little bit of latitude in that respect. mechanisms to allow equity and fairness into the bidding and gambling system in Victoria. The ACTING PRESIDENT (Mr Leane) — Order! That is fine. The Brumby Labor government has also instituted a single independent monitoring system which will Mr BARBER — I ask the minister in relation to oversee the integrity of gaming machine transactions in clause 21: if I understand this new procedure correctly, gaming venues from 2012 and beyond. However, the a venue operator seeking an amendment to their licence reality is that some amateur clubs have literally gone has to give a copy of its proposed amendment to the broke in previous years, possibly due to the fact that local council before it formally applies to the Victorian many committees of management comprise volunteers Commission for Gambling Regulation (VCGR). Is that who may be good hearted but lack any professional right? business expertise. Hon. J. M. MADDEN (Minister for Planning) — I One of the many positive aspects of these proposed am informed that is correct. amendments is a provision that ensures that small Mr BARBER (Northern Metropolitan) — My venue operators, mainly not-for-profit associations and concern about this particular clause — and I would be sporting clubs, can access financial and business happy for the minister to disabuse me — is that a venue training so they will be better equipped to operator could be seeking an amendment, it could apply professionally manage their small gaming venues. to the council, and the council then would have 37 days Importantly, a progressive tax system will provide to decide whether it wanted to make a submission. assistance to smaller venues with low revenues and Quite possibly on the 38th day it could make an deliver a tax-free threshold for clubs. The legislation application to the Victorian Commission for Gambling will also protect venue operators by discouraging Regulation. The impact would be that before an speculative bidding and profit sharing. ordinary citizen knew an application was even going to Throughout July well-attended statewide information be made, the council would have already had its chance sessions were undertaken by the Department of Justice, to consider what it wanted to do and no-one would even which informed the gaming industry of the proposed be aware that the council was making that decision. Is changes to the gaming machine arrangements and what that correct? they will mean to the gambling industry after 2012. The Hon. J. M. MADDEN (Minister for Planning) — I Brumby Labor government is committed to consulting am informed that councils are entitled as part of their the gaming industry in Victoria on any further changes own processes to advertise to their communities or
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Tuesday, 13 October 2009 COUNCIL 4877 notify their communities that these issues are being Koch, Mr Tierney, Ms considered. In many ways that process about Kronberg, Mrs Viney, Mr Leane, Mr Vogels, Mr information available within that community is up to the council. Noes, 4 Barber, Mr (Teller) Kavanagh, Mr Mr BARBER (Northern Metropolitan) — I still Hartland, Ms Pennicuik, Ms (Teller) think this is a further concern. Above and beyond the arguments I made in my contribution to the Clause agreed to. second-reading debate, this is now of further concern because, yes, the council is free to tell whoever it wants Clauses 16 to 108 agreed to. to tell that it has received an application but does not have to, and because in a way an application has not Clause 109 really been made, nobody other than the council is The DEPUTY PRESIDENT — Order! Mr Barber going to be aware that someone has written a letter to it. intends to invite the committee to vote against this For the benefit of members of this place who are clause. I regard this as a test for his proposed considering my proposal, this is further evidence that amendments 3 and 4. there will be a real chance that a community can be Mr BARBER (Northern Metropolitan) — I invite locked out of this process if its council decides not to the committee to vote against the clause. With the new participate and if citizens do not know that their council amendments, including the provisions of clause 108, has made or is making that decision. The knock-on the circumstance we now face is that if a council fails effects of that then become that a hearing is not even either to put in a submission or seek to put in a required to be held in public. If you dip out because submission, then applications which meet the test of your council is not concerned, you dip out on directly clause 108 — that they do not increase the number of expressing your concern. For that reason, I would like machines by more than 10 per cent — would not to see members support my proposal that clause 15 not require a public hearing. It is free to the VCGR to do continue to be part of the bill. this in a public and open fashion, but it is also free to it The DEPUTY PRESIDENT — Order! At this not to do that. stage is Mr Barber looking for a response from the Perhaps it is only some of us who have enough gaming minister to those remarks? machine venues in our areas, or perhaps all members Mr BARBER (Northern Metropolitan) — No, I am want to think about what this could mean, because if sorry if the Deputy President missed the first part of you had a number of venues in your electorate and each that. I have already had my response. I invite members of those venues sought every two years to increase its to vote against this clause. My amendment would machine numbers by 10 per cent, you could have a require the Victorian Commission for Gambling massive expansion of poker machine numbers in your Regulation to seek the view of the local council in all area and none of those applications would necessarily cases when such an amendment is being made to a get a public hearing. venue operator’s licence. So while 10 per cent every two years might not look a Committee divided on clause: big number for one venue, if your electorate had a number of venues you could be looking at a lot more Ayes, 36 than a 10 per cent increase in the number of machines Atkinson, Mr Lenders, Mr over the space of two years. Broad, Ms Lovell, Ms Coote, Mrs Madden, Mr For that reason, leaving aside clause 15, which the Dalla-Riva, Mr (Teller) Mikakos, Ms committee has now determined, there are still plenty of Darveniza, Ms (Teller) O’Donohue, Mr good reasons to support my invitation to vote against Davis, Mr D. Pakula, Mr Davis, Mr P. Petrovich, Mrs clause 109, which gives the commission the Drum, Mr Peulich, Mrs opportunity to hold all its hearings in private if it Eideh, Mr Pulford, Ms chooses. Elasmar, Mr Rich-Phillips, Mr Finn, Mr Scheffer, Mr Committee divided on clause: Guy, Mr Smith, Mr Hall, Mr Somyurek, Mr Huppert, Ms Tee, Mr Ayes, 36 Jennings, Mr Theophanous, Mr Atkinson, Mr Lenders, Mr
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Broad, Ms Lovell, Ms It would be fair to say that in that 13 months I have had Coote, Mrs Madden, Mr one or two discussions on this bill with government Dalla-Riva, Mr Mikakos, Ms Darveniza, Ms O’Donohue, Mr members, including the minister. A long time ago, back Davis, Mr D. Pakula, Mr in the mists of time in 2008, representatives of the other Davis, Mr P. Petrovich, Mrs non-government parties and I were invited to a briefing Drum, Mr Peulich, Mrs on the bill with the then Chief Commissioner of Police Eideh, Mr Pulford, Ms Elasmar, Mr Rich-Phillips, Mr and one of the assistant commissioners. Since then Finn, Mr Scheffer, Mr there has been a change of commissioner. Guy, Mr Smith, Mr Hall, Mr (Teller) Somyurek, Mr (Teller) In that time there have been a few discussions, Huppert, Ms Tee, Mr including some — in 2008 — subsequent to the Jennings, Mr Theophanous, Mr meeting with the commissioner that I had with the Koch, Mr Tierney, Ms Kronberg, Mrs Viney, Mr minister and some other staff regarding amendments Leane, Mr Vogels, Mr that we thought were crucial to the bill. That also took place last year. Apart from that, the whole progress — Noes, 4 or non-progress — of this bill has been punctuated with Barber, Mr Kavanagh, Mr (Teller) very long silences and no movement. Hartland, Ms (Teller) Pennicuik, Ms According to the second-reading speech, the bill Clause agreed to. contains three elements. It creates a new misconduct and performance management model based on the Clauses 110 to 145 agreed to. recommendations of the director of police integrity. It Reported to house without amendment. implements enterprise bargaining commitments for a more flexible police force, and it creates a new and Report adopted. clearer regime to better support police members subject to civil action arising out of the course of their duties. Third reading To some extent everyone would agree with those aims. Hon. J. M. MADDEN (Minister for Planning) — I This bill comprises a rewrite of the police disciplinary move: system with some welcome aspects but also with some very problematic aspects, including a huge increase in That the bill be now read a third time. powers to the police commissioner. These powers are I thank all members for their contributions. largely unfettered and completely unjustified in terms of fairness and equity not only for police from an Motion agreed to. industrial relations point of view but also for members of the community who come into contact with and may Read third time. have a complaint against the police.
It also proposes amendments for which there is no POLICE REGULATION AMENDMENT strategic justification or any underpinning review or BILL report. Herein lies a very big part of the problem with this bill. As I said in the procedural debate to adjourn Second reading the bill on 31 March this year, when the government came in with a large number of amendments, after a Debate resumed from 31 March; motion of very long silence and no communication about the bill, Mr LENDERS (Treasurer). some 50 amendments were plonked on the table just Ms PENNICUIK (Southern Metropolitan) — I before the bill was due to come on for debate. As I said have a number of comments to make on the Police then, the substantial amendments to the Police Regulation Amendment Bill and its tortured progress Regulation Act that this bill proposes, and particularly through this Parliament. It is now 13 months since this the controversy those amendments are attracting in the bill was first presented to the Council, if I remember community, are a matter of public importance; they rightly, at the regional sitting. The fact that it has not require public scrutiny. been debated to date is no fault of the non-government I am strongly of the view, and I have made this clear, parties. The fault lies with the government. that the government should take the lead from other jurisdictions and conduct a very open and public review
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Tuesday, 13 October 2009 COUNCIL 4879 into the operation of the current Police Regulation Act; commonwealth under the Fair Work (Commonwealth it should use that as the basis for a new police Powers) Bill; it included reference to provisions in the regulation act. The way this bill has come before us is Police Regulation Act. I do not know how that affects far from satisfactory and is not in the public interest. this bill but there have been no changes to this bill as a result of that legislation, which was introduced after this Instead of being the product of a full, comprehensive, bill was drafted. open and public review of the Police Regulation Act, this bill is the product of an Office of Police Integrity The Minister for Police and Emergency Services said (OPI) review and report, and the apparent wishes of the that the bill’s new streamlined misconduct and former and current chief police commissioners in performance process is a response to the ‘own motion’ consultation with the minister’s office. This was review in 2007 by the director, police integrity into the acknowledged explicitly by the minister in his administration of discipline in Victoria Police. The OPI second-reading speech on 9 October 2008, when he review, A Fair and Effective Victoria Police Discipline stated: System, states:
We have a great Chief Commissioner of Police in Victoria … A modern policing service must have the highest level of If you have a look at the things she has done … and the way ethical and professional standards among its members. One she has tackled reform within the police force, you will see it way standards are maintained and improved is by having an has been excellent … She has done what she can under effective performance management and discipline system. existing laws, but she has wanted these laws for a long time. That is why the chief commissioner has put forward these I do not think any member would disagree with that proposals. statement from the OPI or would have an issue with the OPI report, which was prepared by the director when he I agree that the former chief commissioner did some was also the Ombudsman. However, it has to be said very good things, and she was within her rights to put that the OPI report and the OPI’s views on the forward proposals. But hers was not the only input that regulation of the police force are a necessary but not by there should have been in rewriting and proposing themselves a sufficient input into any process of significant changes to the way police are regulated in changing the way the police force is regulated in Victoria. Victoria. You would have to say there has been a Victoria Police has been regulated by the current act for cloak-and-dagger approach to this whole exercise, and more than 50 years. The act has been amended from that is unsatisfactory and unacceptable. I know the time to time but this bill contains much more than just a government will say, ‘The bill has been sitting on the few small amendments. It is a comprehensive rewrite of notice paper and hanging on the website for 13 months, the act and as such, it warrants the open participation of but there has been no public interaction and there has the Victorian community and the various interested been no attempt by the minister to engage with the parties. This has not happened. stakeholders on this bill. In his report at page 19, the former director of the OPI I have had to speak separately to a range of interested acknowledges that his report only looked at the groups including the Police Association, the Federation disciplinary system and not at other important aspects of Community Legal Centres, the Law Institute of of the Police Regulation Act. The introduction to his Victoria, Liberty Victoria and various industrial review also says it identified four fundamental changes relations and legal practitioners to find out their views necessary to reform the Victoria Police disciplinary because the government’s process has been a system. They are to: cloak-and-dagger exercise. Shift the focus from a punitive system bent on establishing Every group and expert I have spoken to have serious guilt to one that concentrates on providing remedial assistance concerns about aspects of this bill. They do not all share to individuals … the same concerns, and in some cases they contradict Simplify the system and remove the numerous intermediate each other. But there are concerns about how this sanctions for less serious misconduct that currently exist … legislation will regulate the police force. The bill is attracting so much concern that it has to be of concern Streamline and speed up the dismissal process, without to me and to the people of Victoria. compromising fairness to the individual facing dismissal … Ensure that managers at all levels take an active role in Since this bill was presented to the Parliament more managing people effectively … and monitoring their than a year ago the vast remainder of Victoria’s performance. industrial relations legislation has been ceded to the
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I agree with those things, but on reading the bill and ridiculous. Other community stakeholders were looking at what is proposed to be taken out of the consulted before the bill was drafted but have had no current act and what is proposed to replace it I do not further input, in particular on any amendments that may think those things would happen, particularly the last or may not be moved or agreed to here. two — that is, fairness to the individual facing dismissal and ensuring that managers at all levels take It is mainly for those reasons that this bill, which an active role in managing people and monitoring provides for the involvement of only the minister and performance. the chief commissioner, should not be ferreted through the Parliament but needs to be open to public scrutiny. There is hardly any mention of that in the bill. It Amendments that are moved by the government or by basically talks about what the chief commissioner can us really do not get to the heart of the problems with the do in dealing with misconduct. There is very little talk bill. Whatever amendments might be made to the in the bill about managing people in a fair and effective bill — to delete or to amend so as to soften the edges of way. If that is what the bill is trying to achieve, it will one or other clause — the fact is that the bill is not achieve it. peppered with problems and is fundamentally flawed in its approach as it focuses on the discipline system, not As I said, the director of the OPI looked only at the on the complaint system. The discipline system disciplinary system. On page 19 of his own report he therefore is not fair and, I would suggest, not effective. said: The reasoned amendment I have moved, if adopted, Without detracting from the importance of the discipline would not be fatal for the bill’s passage. My purpose is system, it is but one of the systems in Victoria Police aimed at ensuring the highest ethical and professional standards. Other not to obstruct reform of the Police Regulation Act but systems, particularly the complaints and the performance to ensure that such reform is not done behind closed management systems, interrelate with elements of the doors. It should be the result of an open and public discipline system, but an extensive examination of process, because the Police Regulation Act must be systems that relate to the discipline system were beyond the scope of this investigation. They are only discussed in reformed in the interests of the community, including this report where they interrelate with the Victoria Police victims of crime and the legal system that works discipline system. alongside the police. Reforms must by and large be supported by the police, or the legislation will not work. That is a big problem with the bill. It extensively rewrites the discipline system but does not match that I believe the government needs to conduct an open and with changes to the complaints system, for example, public review that builds upon the work done by the that are based on any review or any evidence. The Office of Police Integrity in its review of and report on changes to the complaints system skew the whole the issue. The OPI indicated in its review that it had process away from justice and rights of members of the looked at recent reviews conducted in comparable public who were the subject of police wrongs. jurisdictions. In appendix 5 the OPI mentioned recent changes to other police and bodies. The report mentions That is why I will move a reasoned amendment to this that these reviews found similar problems and made bill and ask that it be circulated. I move: similar recommendations or changes to the respective That all the words after ‘That’ be omitted with the view of laws governing police. The report states: inserting in their place ‘this house refuses to read this bill a second time until the government has conducted a full public This analysis reveals similar problems exist for police review of the operation of the Police Regulation Act 1958, discipline systems that share a common past. The majority of including calling for public submissions and conducting the reviews of police, conducted by Fitzgerald, Wood, public hearings and publishing the findings and Kennedy and Fisher in Australia, Morris and Taylor in the recommendations of the review’. United Kingdom and Bazley in New Zealand have made remarkably similar recommendations to overcome those A primary reason for my moving this reasoned problems. amendment is to attempt to ensure that any significant That is all true, but, as I will later turn to, these changes to the Police Regulation Act 1958 result from jurisdictions follow quite comprehensive processes in open and public debate and that as much as possible reviewing their acts, which has not been the case in there is a shared consensus about what is to be achieved Victoria. and why. This is currently not the case. There has not been wide public consultation on this bill. The Police I would like to refer to New Zealand for a start: it Association says it has not been contacted or listened to reviewed its police regulations and legislation in 2008. throughout the process, that the minister will not meet That followed an extensive public consultation and with it without the chief commissioner present. That is review. Just to let the chamber and the people of
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Victoria know what can be done, the scope of the Affairs, the Office for Emergency Services, the review took into account and considered the following Department of Fair Trading, the audit office, the themes: the principles of policing — reinforcing the antidiscrimination board, the privacy commissioner, the fundamental basis of policing; governance and Office of the Director of Public Prosecutions, the accountability — maintaining the independence of Independent Commission Against Corruption, the joint police within a public management framework; human parliamentary Committee on the Office of the resources — appointing, deploying and managing staff; Ombudsman and Police Integrity Commission, the law community engagement — policing in and within society, the New South Wales Bar Association and the communities; police powers; relationships — Labor Council of New South Wales. recognising a wide range of police partners; administration — enabling the day-to-day of work of a I contrast that with what has happened here in Victoria. large organisation; conduct and integrity — reinforcing Again, in the review submissions were called for and ethical behaviour. received and the bill was based on that open public process. Obviously nobody will get everything they There was a time frame, and members can look this up want, but at least in such a review the public has a on the New Zealand government website. In April and chance to participate, all stakeholders have a chance to May 2006 there was the scoping consultation and from be heard and justifications are made for changes. June to December 2006 there was the phase 1 consultation. From January to August 2007 there was As I mentioned, the government indicated that the the phase 2 consultation, which generated a summary review that led to this particular bill was based on the of responses to the issues papers that were released Office of Police Integrity’s own motion. I make the during phase 1 and developed a discussion document point that that involvement by the OPI is a necessary for more public consultation, and there was cabinet but not sufficient condition. It was but one input of approval for release of those documents. From August about 25 inputs into the New South Wales review. to December 2007 there was a phase 3 consultation. From April 2006 to December 2007 there were public I mentioned also that the Police Association has said consultations and papers were released and there was that it has not been consulted. I presume that any more consultation on those papers. In the phase 3 amendments that the government has discussed with consultation there was an analysis of the submissions the opposition parties have not been discussed with the and development work on a new bill, there were Police Association. I sought to find out whether this is drafting instructions and an exposure draft was released the case in another major jurisdiction, such as for more public consultation and feedback. The first Queensland. My information is that the Queensland reading of the new police bill occurred in 2008 — Police Association has been consulted on any changes almost two years after the consultation process started. to the way that the police in Queensland are regulated. The Police Act in Western Australia has been amended Members will be interested to know that all the twice in recent years, in 2002 and 2006. Again, that documents, including the cabinet documents, regarding went through a public process. I have moved this that two-year review of how the police in New Zealand reasoned amendment so that this bill about the are regulated are available on the New Zealand regulation of the police will go through an open and government website. I contrast that with what has been public process with hearings, submissions, discussion going on with this bill. papers and consultations and then be presented to the Parliament. The Parliament of New South Wales went through a similar process. In January 2002 there was an I will spend a few minutes on the major issues that I agreement to undertake a review of the Police Act. A have with the bill. I preface that by saying that I had report on the outcome of that review was due on indicated to the government that even with those 31 December 2002 — that is, a year later. The problems removed from the bill I was still not able to stakeholders identified to be consulted with included support it. I mentioned before that late last year I had the police, the Police Association, the public service discussions with the minister and as far as I knew we association, the New South Wales Crime Commission, had come to some agreement about certain the Police Integrity Commission, the Inspector of the amendments to the bill that could be agreed to. I had Police Integrity Commission, the Ombudsman, the those and a copy of the bill in my top drawer and did Premier’s department, the cabinet office, the not hear much more from then on. I know that the Attorney-General’s department, Treasury, the government has been looking at other amendments and Department of Industrial Relations, the Community discussing those with the opposition. They were shown Relations Commission, the Department of Aboriginal to me — I think it was during the last sitting week
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4882 COUNCIL Tuesday, 13 October 2009 when I first saw them. I say this because someone has division will come out and be replaced with only a to open up this process because, as I said, it is a disciplinary division. cloak-and-dagger situation which is completely inappropriate. We come to one of the other major concerns we have with the bill, which is the issue of vicarious liability One of the particular problems with the bill is that under clause 32 of the bill. New section 118ZE, headed clause 3 removes the cap on the number of deputy ‘Circumstances in which court must not find Crown commissioners. Currently the act provides that there vicariously liable’, says: can be only four deputy commissioners. The bill omits that cap so that there can be any number of deputy A court must not find the Crown vicariously liable for a tort committed by a member concerned if the court is satisfied commissioners. There is no justification for that. I do that the conduct giving rise to the tort — not remember seeing that in the report of the Office of Police Integrity. The bill provides that the Chief (a) was serious and wilful misconduct; or Commissioner of Police can delegate to deputy (b) was not committed by the member … in the commissioners powers, including the power to dismiss performance, or purported performance — police members. That is not the case under the current act, and it is not clear why that should be the case under of their duties. That means if police commit serious and the bill. wilful misconduct while on duty — that is, if they commit a wrong against a person while on duty and that Clause 4 gives the chief commissioner, and by is serious and wilful misconduct — the court cannot delegation deputy commissioners, quite a lot of what I hold the Crown vicariously liable. That is not the case would call unfettered powers, such as the ability to with any other employment. It is even worse for it to be appoint, promote and transfer members and to reduce the case with police, because the state, the Crown, gives or waive periods of probation. There are periods of police powers. Police can be intimidating to other probation for obvious reasons. Why the police people even if they do not mean to be. They can engage commissioner should be able to reduce or waive them in serious and wilful misconduct while they are on without any justification is not clear. The clause also duty. They can cause damage to people, injure people, provides that the chief commissioner may pay make wrongful arrests and bully and harass people allowances or gratuities et cetera. It is quite a long while doing so. clause, and it gives the chief commissioner a lot of powers. I am not saying that all police do this by any means, but, and I am sure all police would agree, if police do I understand that after long discussions the government engage in that sort of behaviour while on duty, the is prepared to delete that clause, and I think it needs to Crown should be liable. This is because if the Crown is go, so that would be an achievement in terms of the bill. not liable, that leaves the victim of the wrong with only The government has also indicated that it is prepared to one avenue of redress — taking a civil action against move on clause 6, which provides for the delegation of the police officer concerned — and if that police officer the power to dismiss a member of the police force. has no assets, then there is no compensation available to the victim of the police wrong. This is an unacceptable Other provisions in the bill that have caused concern — part of the bill from my point of view. we have concerns about them, and I know the Police Association also has concerns about them — include I know all members would have received an open letter provisions for the suspension of members who are about this provision signed by Liberty Victoria, the seconded to other duties, including with the Police Law Institute of Victoria, the Victorian Bar, the Association, and regarding how the entitlements of Federation of Community Legal Centres Victoria and such members would be preserved. That is not a bad the Uniting Church’s justice and international mission thing as long as police members do not lose their unit, synod of Victoria and Tasmania — all raising entitlements, but I know the Police Association has concerns about this provision. If a person is going to concerns about that. take civil action against a police officer, that police officer will by definition have engaged in serious and In part 4 of the bill, headed ‘Remedial procedures and wilful misconduct for that person to want to take action dismissal’, clause 19 substitutes a new division 2 for against them in the first place. That serious and wilful division 2 of part IV of the Police Regulation Act, misconduct could have resulted in serious, even which refers not only to disciplinary procedures but incapacitating, injury to that person, who will be left also to complaints and how they are handled. That without any redress. My view, the view of others who have written to the government and other members in
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Tuesday, 13 October 2009 COUNCIL 4883 this house is that the state, the Crown, should be liable this, and they have expressed grave concerns about new for the wrongs committed by police while they are on sections 74 and 78A in this bill. duty. The vicarious liability provisions in the bill are not I know members of the government will say, ‘The good. They are not good for members of the reason we do not want to do that is that we want to community and they are not really good for the police deter police from engaging in wilful and serious either. The bill should be amended to remove new misconduct by making them personally liable, which section 118ZE(a). I have raised this matter with the will stamp out such misconduct’. It will not do that; the government many times, and it does not want to budge only effect of this provision will be that the person who on it. It maintains that if members are personally liable, is wronged will not have any redress. I do not see why that will stop them engaging in serious and wilful the wronged person should have to bear the brunt and misconduct. My view is that that will not happen; it will pay the price of the serious and wilful misconduct. The just mean that people will not have any access to clause also provides that the chief commissioner may justice. If the police have an issue with serious and pay allowances or gratuities et cetera. It is quite a long wilful misconduct there are provisions for them to deal clause, and it gives the chief commissioner a lot of with that in a fair way. powers. The whole of clause 19, which provides for the That should be paid by the state, which not only gives insertion of new sections on discipline for misconduct police powers, but gives them weapons. There are and underperformance, appears to give the Chief many cases where police use their weapons — be they Commissioner of Police a lot of power. It does not batons, be they capsicum spray or be they firearms. seem to be balanced in terms of fairness towards police People who are on the receiving end of that have members, who we must remember are discrete officers. nowhere to go under this bill. Police officers are able to exercise their own discretion. I know that part of the idea behind this rewrite of the Under this bill there is also a change to the provision of legislation was to establish some sort of admissibility of evidence, where the chief employer-employee relationship between the police commissioner, under the new section on misconduct, commissioner and members of the police force. But this can undertake an investigation. In the case of has to be done in such a way that it is fair to police misconduct, as is the case already in the Police members and to the community, and I do not believe Regulation Act, the police member who is suspected or that has been achieved with this bill. accused of misconduct can be required to answer questions. Section 86Q(3) of the current act, on the Going back to vicarious liability, if the government is evidence so taken by a direction that a person must saying, ‘The chief commissioner is the employer now’, answer the question, deals with inadmissibility. It then the chief commissioner, as an employer, should be states: vicariously liable for wrongs done by the employees — as every other employer is. I will not repeat the Except in proceedings for perjury, for a breach of discipline problems with that, because I have made those fairly under section 69 or for failure to comply with a direction, or review proceedings under Division 1 of Part IV, any clear. information, document or answer given pursuant to a direction is not admissible in evidence before any court or The government has indicated that it is prepared to person acting judicially. move in some way on clause 32, and that is to change the provision that a court must not find the Crown New sections 74 and 78A provided for in this bill will vicariously liable — that is, the Crown may deny it is replace that with an expanded definition of what is not vicariously liable. That still leaves in the phrase ‘serious admissible. Under the current bill we end up with any and wilful misconduct’ so that the Crown could say, ‘If things said or done or any document gathered in the the conduct was serious and wilful, then the Crown is course of the investigation being inadmissible, and it not liable’. It is completely unacceptable to leave that in would be inadmissible in a civil action because a civil there. It gives people who have been wronged by police action is not excluded. So not only is a person who is nowhere to go. the subject of a wrong by a police person not able to act under clause 32 of this bill, but any evidence or thing There is another problem with the bill. Under the said or done in the course of an investigation would current act, if a police officer is dismissed the Police also be inadmissible. That is a much broader expansion Appeals Board can hear evidence and set aside the than is the case under the current act. I have had some dismissal, and the wrongfully dismissed member can be conversations with people in the legal profession about reinstated. This bill takes out reinstatement so that a
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4884 COUNCIL Tuesday, 13 October 2009 police member who has been wrongfully dismissed can who has an interest in and wants to have a say on the only be compensated for 12 months pay. We are not bill should have a say. The rewrite of the Police talking about a police member who has been found to Regulation Act should be done in a public, open and have done something wrong; we are talking about a transparent way and not in the way it has been done in police member who has been wrongfully dismissed. If this process, 13 months of silence and a someone has been found to be wrongfully dismissed cloak-and-dagger approach. they should be reinstated in their employment. Otherwise someone who has done nothing wrong will Honourable members interjecting. have been wrongfully dismissed and had their employment taken away. How can that be fair when Ms PENNICUIK — I notice some people over they have not been found to have done anything there are having a laugh. I do not think there is too wrong? much that is funny about what is going on here. I have raised these concerns with the government. I am I completely agree that police who have done the standing here now and I do not know if the government wrong thing — who have engaged in serious and wilful is going to move the amendments that it says it has misconduct and have committed an offence — should prepared. The government has had a discussion with be dismissed. I think everybody in Victoria agrees with me in the last day or so. To be fair to the government that. I do not think there is anyone who does not agree member in the upper house who has brought forward with that. We agree with that, but when we are talking this bill, he did call me a week into the break. I still had about underperformance the processes should involve not finished my consultations on the large number of natural justice and due process and they should not amendments that I was finally presented with more than involve — as this bill does — coercive questioning. 12 months after the bill came to the house. Coercive questioning is appropriate in the case of serious and wilful misconduct, where somebody may I had already gone through a process of speaking with have seriously wronged a member of the public, as the government about amendments, such as the deletion opposed to cases where someone is chronically late for of clause 4. I do not know what the status of those work or is not filling out their paperwork satisfactorily amendments is, because the government’s amendments or some other underperformance issue. They should not and my amendments have some crossover. Some of the involve any sort of coercive questioning, nor should amendments that the government and I formally agreed they involve reverse onus of proof, which is provided to do not appear in the government’s current for by this bill, so that the person has to prove that they amendments. I have to take home the message that are innocent rather than the management or police things government members were saying they could command having to prove that they are in the wrong. agree to nearly 12 months ago — certainly 10 months ago — they now cannot agree to and other things that We need to have due process and natural justice they could not agree to then they can agree to now. I am provided for by this bill. In an effort to be able to not sure what status the bill has if bits and pieces can be dismiss members of the police force who should be agreed and not agreed to or amended and not amended. dismissed we will not have provisions to reinstate members who have been found to be wrongfully In closing, which I am sure people are looking forward dismissed. Let us face it: people can have vendettas and to my doing, any of the amendments that I have seen, people can have accusations made against them that are even my amendments, could not amend the bill to the not true and that could result in their being dismissed. extent that it needs to be amended. I probably would In some cases a police officer who is actually doing the have needed 100 or so amendments. I just chose to deal right thing, reporting some wrongdoing, might be with the worst aspects. My amendments together with ganged up on by other police officers and be dismissed the government amendments will still not fix the bill. I as a result of that and then, having been found to be urge members to agree to the reasoned amendment innocent, have no redress. I understand the government which the clerks have assured me is worded in such a has indicated that it is prepared to move on that issue. way that it is not fatal to the bill. We have had a precedent in this session of the Parliament where a bill I am standing here now, having outlined the main went away and was able to be brought back after a general concerns with this bill, and I could stand here reasoned amendment. The amendment is worded as it is for another 20 minutes and go clause by clause through because I do not want to obstruct the process, I just other problems with it. But the things I have already want to open it up to public scrutiny so that everybody mentioned are bad enough and should give people who is interested and directly affected can have a say cause to agree with my reasoned amendment that this about the bill. In conclusion, if we do get to a whole thing should go to a public inquiry. Everybody
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Tuesday, 13 October 2009 COUNCIL 4885 committee stage I will be proceeding with my and support police members to meet required standards amendments. and improve their performance and a streamlined process to enable the dismissal of those members Ms MIKAKOS (Northern Metropolitan) — It has whose conduct or work performance indicates that they been some time since this bill was before the house and are unsuitable to remain in the force. that is because since introducing the bill last year the government has made a genuine attempt to negotiate I want to begin my contribution, before I get into the proposed amendments with the other parties. We have recommendations of the report and the provisions of the entered into discussions with the other parties in good bill, by saying that during my years as a parliamentarian faith. In fact, amendments were circulated in this house. and in my previous role as Parliamentary Secretary for The government is now indicating to the house that we Justice I have always found Victoria Police to be a will not be proceeding with those amendments because professional organisation. Members of Victoria Police we had circulated them with a view to seeking to reach work hard and are dedicated to doing their jobs in a a negotiated outcome. Unfortunately that has not been responsive and effective way. I am sure most of us here possible, but we believe this bill is an important piece would agree that the vast majority of members of of legislation that should proceed and become law in Victoria Police are good officers who take their jobs this state. seriously. I am sure that they too want to ensure that those rotten apples that exist in Victoria Police are In relation to the reasoned amendment moved by weeded out and that Victoria Police can maintain the Ms Pennicuik, the government will not be supporting it. highest integrity and the full confidence of the The reason for that is that this bill is based largely on Victorian public. In this respect I want to put on the recommendations made by the DPI (director, police record — I am sure Mr Finn, who will follow me in this integrity) in its police discipline report. In developing debate, will have some words to say in relation to that report the DPI engaged in a process of public this — my thanks to the former Chief Commissioner of consultation and sought and received public Police, Christine Nixon, for her fine contribution to submissions. The Department of Justice also had Victoria Police over the eight years she was chief discussions with the Police Association of Victoria and commissioner. She was unwavering in her other relevant stakeholders. The government takes the determination to eliminate police corruption and view that the public consultation process that improve the overall culture of Victoria Police both Ms Pennicuik is seeking through her reasoned within the organisation and through its partnership with amendment has already occurred. There is therefore no the community. As a parliamentarian in this place I reason to further delay the passage of this important have been disappointed to hear Mr Finn on many piece of legislation. occasions berate Chief Commissioner Nixon.
In relation to the bill itself, as I said, it is based largely Honourable members interjecting. on a report by the DPI. The DPI police report had its origins in an earlier own-motion review conducted by Ms MIKAKOS — It is in anticipation to some the DPI into police misconduct and corruption. I degree, but Mr Finn has been consistent with respect to remember some time ago speaking about that important this. I can anticipate some of the things he is going to report in this house. The DPI’s report, Past Patterns — say in this respect. Chief Commissioner Nixon was a Future Directions: Victoria Police and the Problem of good chief commissioner. She engaged the community Corruption and Serious Misconduct, was tabled in the and promoted the role of community policing, which is Parliament in February 2007. The DPI found that the an important aspect. The new chief commissioner, ability of unsuitable police members to evade the Simon Overland, will follow the footsteps of Christine discipline system was a problem that needed to be Nixon in relation to the critical fight against police addressed. For that reason the DPI then went on to corruption. We need to ensure that the chief undertake a further own-motion review of the police commissioner is armed with appropriate abilities to discipline system. weed out police corruption.
The police discipline system report criticised the What the bill does is implement many of the disciplinary provisions of the act as being excessively recommendations of the DPI report in establishing a formal and legalistic and found that the adversarial and new policing regime for Victoria Police. The DPI, for punitive approach was counterproductive to example, recommended that there be a disciplinary encouraging police members to fulfil their process for Victoria Police that has two parts: a responsibilities. The report advocated a remedial remedial process for all police misconduct and poor approach with a focus on rehabilitation to encourage performance issues other than where the conduct
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4886 COUNCIL Tuesday, 13 October 2009 justifies termination and a dismissal process where the this reason the disciplinary process should be an conduct justifies termination. The bill implements this effective one that is commensurate with the powers that recommendation with a new section 70 to allow the police exercise in this state. There should be adequate chief commissioner to give a member who has engaged protections. in misconduct a notice to show cause why they should not be dismissed. After considering any response from An appropriate balance has been struck in regard to this the member the chief commissioner may dismiss the issue in the legislation. As I said, the government was member if satisfied the dismissal is warranted. prepared in good faith to undertake discussions with the Alternatively, if the misconduct does not warrant various parties. It is unfortunate that that has not led to dismissal, new section 73 allows for remedial action proposals from the other parties that the government is linked to the member’s performance development plan prepared to accept. We have before us here a reasoned to be undertaken. It is a positive step forward in terms amendment moved by Ms Pennicuik to defer the bill of promoting a professional police force that the bill indefinitely. This bill seeks to provide an effective also implements the recommendations made by the DPI police disciplinary system to provide an effective to provide for a process by which all police members relationship between the chief commissioner and have professional development plans. members of Victoria Police. These amendments are necessary to address longstanding problems that have The bill also establishes a limited right of review where existed. a member believes remedial action is unfair or inconsistent with the legislative framework. The bill Mrs Peulich interjected. does this by giving police members the right to seek an impartial internal review of any adverse action taken Ms MIKAKOS — I indicated that, had you been with respect to the member’s employment other than listening. At the outset of my contribution I said the dismissal. government was not proceeding with the amendments that have been circulated. I urge members opposite to In relation to introducing a more streamlined dismissal support the bill. process, the bill implements the recommendations of the DPI report by introducing new sections 71 and 76 to Mr FINN (Western Metropolitan) — As the weeks provide that police officers must be given a notice have gone by and as the weeks have turned into advising that they must show cause as to why they months — — should not be dismissed for misconduct or Mrs Peulich — Like sands through the hourglass. underperformance. The alternative to dismissal is remedial action, including an undertaking to be of good Mr FINN — Like sands through the hourglass — behaviour and/or a remedial plan. Failure to comply indeed, Mrs Peulich! I have sat in my office and have with the undertaking can result in dismissal. Failure to wondered whether I would live long enough to see this comply with the remedial plan enables the chief bill come on for debate. I have to say it is somewhat of commissioner to issue a show cause notice for a surprise to come here on 13 October 2009 to debate a dismissal. Being charged with an offence that is found bill that first saw the light of day in this chamber over to be proven is misconduct that can give rise to the one year ago. As members may recall, at the show cause dismissal process. introduction of this bill over one year ago the government told the chamber how urgent this bill was; Mr Barber — ‘Solidarity forever, for the union it said then that the future of the police force was makes us strong’. dependent on this bill and it had to be passed — and it Ms MIKAKOS — I can hear some of the banter had to be passed now — — going on in the background there. I find it a bit rich that Mrs Peulich — Otherwise it was going to implode. members of the Greens have come into this place and sought to be the great defenders of the Police Mr FINN — We might all implode at this rate. Over Association when every time we have a debate about one year ago the house was told by the government that police powers in this place members of the Greens are the future of law and order in this state was on the line predictable in arguing that the police should have fewer and that this bill had to be passed as soon as possible. powers. I take the view that the police do a very For over 12 months this bill has sat on the notice paper, important job, but they are also given enormous during which time the government has come up with powers, powers far beyond that of any other public various stories as to why it would not proceed with it. servants in this state. Therefore the opportunities and potential for corruption and misconduct are greater. For
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Tuesday, 13 October 2009 COUNCIL 4887
I have been enthusiastic about wanting to debate this minister for that very reason — he does not have a clue. bill, because I think it contains some important points. I He makes the Minister for Water, Tim Holding, the am keen to point out to rank-and-file members of the previous minister, look like a genius in comparison. He Victorian police force — and I still call it ‘the Victorian does not have any idea of his portfolio or what he police force’ — what their government has in store for should be doing. He allowed Christine Nixon to do them if it is allowed. whatever she wanted. She was the real police minister of this government. She was a Labor apparatchik As I have pointed out to this house before, there is no appointed to the position of chief commissioner. She question about this government hating police. It proves was the police minister of the state. It has to be said her that time and time again — and this bill proves it yet successor has followed in her footsteps. I will get to again. him in just a moment.
Ms Mikakos — Rubbish! The tragedy with this bill and with the former chief commissioner’s role in supporting this bill and its Mr FINN — The genesis of this bill — and genesis, as I mentioned, is that Christine Nixon Ms Mikakos can get ready for this; she has been regarded the rank and file of Victoria Police as the looking forward to this for quite some time; she is enemy. That was the bottom line. She regarded the men really getting excited about the whole thing — goes to a and women on the thin blue line as her enemies. She distant past when an individual called Christine Nixon came down here from New South Wales and made it was chief commissioner of the Victorian police force. very clear she believed the Victorian police force was Ms Mikakos — I have heard it all before. corrupt. I think she said that at her first press conference as chief commissioner. Mr FINN — You have not heard this, Ms Mikakos, let me tell you! We all know that Christine Nixon was She said that the Victorian police force is no more or no something of a control freak, just to understate it. She less corrupt than the police in New South Wales. That set out at the beginning of her tenure as chief is just nonsense. It was nonsense then and it is nonsense commissioner to destroy the Victorian police force as now, because we all know just how corrupt the police we knew it, and I have to say she succeeded admirably. force has been over many years in New South Wales. A lot of people around the place think she was a That sort of thing just does not go on in Victoria disaster as chief commissioner, but I have to because over a long period we have had within Victoria congratulate Christine Nixon — she achieved what she Police the ability to root out those who are corrupt. We set out to do. Brick by brick she destroyed the Victorian have the ability to find out who they are and to get rid police force as we knew it. of them, and that is something that we as Victorians have been proud of. She ripped the morale of the Victorian police force to its lowest ebb ever. She ripped up the culture of the It is interesting to note that when I talk about our police Victorian police force to the point where the majority of force members of the government are over there Victorians now have no confidence in Victoria Police. chuckling away. They think it is highly amusing that That is a tragedy for our state. It may have been great we are debating measures against members of the for the feminist movement, but it was a disaster for law police force that are unreasonable, to say the very least. and order in Victoria. It has to be said that Christine It has to be said that whilst the former Chief Nixon caused more damage to policing in Victoria than Commissioner of Police was conducting a war of Ned Kelly, Squizzy Taylor and Alphonse Gangitano attrition against her own members — the members of combined. Victoria Police — the criminal elements in Victoria were running amok. Over recent weeks I have For over eight years the Victorian police force bled as a mentioned the crime statistics, particularly in the result of the alleged leadership of Christine Nixon. western suburbs, in great detail here. Minister Madden Despite all of that, she is the reason this bill is before will be interested to hear that in Moonee Valley the the house. I could go into her role in deposing a former homicide rate was up 700 per cent last year. Minister for Police and Emergency Services, André Haermeyer, but let us leave that aside for a moment and This sort of increase has happened right across Victoria. just remember that she was in reality the minister. As the former chief commissioner has taken on her own membership, as she has pursued members of the We all know that the present Minister for Police and Victorian police force for crimes, perceived or real, the Emergency Services, in name only, Bob Cameron, has real criminals have been getting away with muggings, not got a clue. We all know he has been made the bashings, robbery, rape, murder and many other crimes
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4888 COUNCIL Tuesday, 13 October 2009 because the police force has been preoccupied with this men and women of the Victorian police force. To internal war between Christine Nixon and the members protect us those men and women go out on the van, of the police force. often after dark, into places they are not sure of and into places that you and I certainly would never go into. It was interesting to note the attitude of members of this government — members of the Australian Labor We talk about military heroes who protect us, perhaps Party — when that chief commissioner pursued a war overseas, perhaps in a war zone; but we have within our against the Police Association. The government was put community men and women of the Victoria Police who there by the trade union movement, but then it allowed are true heroes, who put their lives on the line day in its chief commissioner — as I have said, a Labor and day out so that we can live a peaceful, happy and apparatchik, a politician in her own right — to pursue harmonious existence. They go out there and put in the Police Association in a way that was most extraordinary hours. They put up with amazing stress, unbecoming and most detrimental to law and order in they put up with dangers that you and I would not this state. tolerate. And what do they get? This nonsense, this rubbish from a government that holds our police in total As we know, earlier this year the former chief contempt. That is what they get. It is a despicable way commissioner, Christine Nixon, retired from the for a government that does not care about our police position — to much jubilation, it has to be said. From force and cares even less about law and order to act. one end of the state to the other I doubt there was a police station in Victoria that did not throw a party At this point I am tempted to talk about the role of the when Christine Nixon hung up her hat for the last time. Attorney-General and his efforts at stacking the But the bill remained, and the tragedy for the police judiciary. I have referred in the past to some members force and those police members who were celebrating of this house and this Parliament who are particularly the departure of Christine was that the new chief good at branch stacking, but the Attorney-General has commissioner was, if anything, worse than the one who excelled at bench stacking. He has put all his was leaving. I think it is safe to say that the current mates — — chief commissioner, who supports this bill, has never been on the beat one day in his life. He is what is Ms Mikakos — On a point of order, Acting known around the traps as an academic copper. President, I draw to your attention the fact that Mr Finn is casting aspersions on members of Victoria’s He has never been on the van, never been on the beat; judiciary. I understand that is contrary to standing he does not know what real police go through on a orders and I ask that he withdraw that last statement. day-to-day basis. Yet he pursues the same agenda that the former chief commissioner pursued. It is little Mr FINN — On the point of order, Acting wonder that he is known from one end of the state to President, at no time did I mention any particular judge the other as the son of Christine, because that is what he or member of the judiciary. It is totally ludicrous for has shaped up to be. Ms Mikakos to suggest that I have cast any aspersions on any member of the judiciary. At no time have I He is continuing the policies of the past as he sits in his mentioned any particular member of the judiciary, as office looking at reports from Amnesty International tempting as it may have been. and telling us how we should be treating criminals in Victoria, but he might like to consider that Amnesty The ACTING PRESIDENT (Mr Eideh) — International’s principles and recommendations also Order! Mr Finn, to continue. apply to police. Police also have rights in this state, as they should have. Mr FINN — Thank you, Acting President. As I was saying, these men and women who put themselves on Under this bill they will have very few. In fact if this the front line for us every day, every night, are true bill is passed, criminals in this state — murderers and heroes. They deserve more than legislation like this, rapists — will have greater rights than police. That is a because this legislation is a total insult to every single blight on the state, and members of the government copper in this state. Every single police officer in this should hang their heads in shame at daring to bring state is insulted by the sort of legislation that has been such a preposterous piece of legislation into this house. put forward by this government. It is a disgrace. Given that the bill has been in this place for over a year Is it any wonder that morale in the Victoria Police is as and given all this discussion and all this negotiation, low as it is? I have absolute respect and support for the surely this bill would have to be a ripsnorter, a bobby dazzler, the sort of legislation that will go down in the
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Tuesday, 13 October 2009 COUNCIL 4889 history books with the Magna Carta or perhaps the Mr FINN — As Mrs Peulich says, ‘and to every United States Bill of Rights. Perhaps not; perhaps it is a Victorian’, because there are a number of victims who total unmitigated stuff-up by this government. This should be taken into consideration as well. government that specialises in stuff-ups has outdone itself this time with this legislation. The Greens have moved a reasoned amendment, and I have considerable sympathy with that. Members should I have here a series of amendments. I understand there listen to this, because it will not be said too often: I are 53 of 67 that were under discussion as late as this have considerable sympathy for the position of the afternoon. We were prepared, understandably as the Greens as it has been put by way of this reasoned opposition in this house, to discuss the amendments. amendment. However, the opposition believes that this You would have thought, given that we have been bill is so far gone that it does not matter how often you negotiating these amendments since March and it is inquire into it. It does not matter how often you now 13 October, that the government would be keen to negotiate or look at it again, because it is a dead put its negotiation skills to the test and put to the test in duck — it is floating face down. This bill is dead. The this house the agreements that it has come to with the government should take it out and bury it. In the name opposition — with the Liberal Party, The Nationals and of all that is good and decent, get rid of it. perhaps even the Greens. I support the police. I support those men and women Ms Pennicuik — We did not see them in March. who are on the streets of Melbourne and throughout Victoria, defending us as we speak in this Parliament Mr FINN — You did not see them in March? That tonight. I support those men and women, I support the is very sad. But what happened here tonight? thin blue line, and I vehemently oppose this bill. Ms Mikakos got up and pulled the whole lot. She pulled every single one of them. After all this Business interrupted pursuant to standing orders. negotiation, after all this time, after all this finetuning, Ms Mikakos got up and did the Ernie Sigley, ‘Only joking’. ADJOURNMENT
Mr Leane — Who? The ACTING PRESIDENT (Mr Eideh) — Order! The question is: Mr FINN — She did an Ernie Sigley! What is going on in this state? How serious is this government about That the house do now adjourn. the police force? How serious is this government about Rooming houses: task force report law and order when it can negotiate for month after month, but when we finally get to the stage of voting on Ms LOVELL (Northern Victoria) — The matter I the agreed amendments, it pulls them there and then on raise is for the attention of the Minister for Housing and the spot? How fair dinkum are members opposite? The regards the Brumby government’s rooming house task only conclusion that anybody can come to is that these force. My request is for the minister to immediately members have not got a clue, nor do they care. release the task force’s full report and recommendations and to take urgent action in response to the findings. Mrs Peulich — No wonder things are out of control on the streets of Melbourne. When the Premier announced the task force on 15 July, he said the task force would: Mr FINN — It is little wonder, Mrs Peulich, that things are out of control on the streets of Melbourne, … report back to the government within six weeks on a new because the police do not know what is going on. The set of minimum standards and enforcement of standards for police ‘leadership’ — and I use that term in inverted rooming houses. commas — must be absolutely bamboozled by this, Thirteen weeks has now passed and we are still waiting because this bill, as it is presented to the house tonight, for the government to release the rooming house task with or without amendments, is an absolute and total force recommendations. dog’s breakfast. As I mentioned earlier, it is an insult to every police officer in this state. It appears the Brumby government chose to delay the release of the recommendations until after the coroner Mrs Peulich — And to every Victorian. released his findings into the tragic deaths of Mr Christopher Giorgi and Miss Leigh Sinclair in a rooming house fire in Brunswick in 2006. These
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4890 COUNCIL Tuesday, 13 October 2009 findings were released to the public about two weeks readership. Newspaper proprietor independence has ago. It has been three years since that tragic night, yet always been a hallmark of small country press. the state Labor government moved to appoint a task force to address rogue rooming house operators only a My office has recently received complaints from media few weeks before the coroner was due to release his proprietors and editors concerned with directives made findings. There is no doubt the Labor government has by the Brumby Labor government through known about this problem for years; action should have correspondence from the Victorian Country Press been taken a long time ago — years before the fatal Association. The directive, sent to at least 2006 rooming house fire. 67 organisations and involving over 100 individual mastheads, involved the purchase of advertising in On 13 September 2002 an article was published in the exchange for editorial space, the material for which Herald Sun detailing the state of the rooming house would be provided by the Minister for Environment sector in Melbourne, in which journalist Philip Cullen and Climate Change. These newspapers were told that wrote: state government advertising was subject to the provision of additional text from the minister — in this About one in three private rooming homes … inspected by case Minister Jennings on behalf of the Department of the Metropolitan Fire Brigade lack basic fire safety. Sustainability and Environment — which, and I quote Garbage, furniture and even bread crates block emergency from correspondence provided to the newspapers, exits. Many smoke alarms, fire hoses and extinguishers are ‘must run without being subbed’ by editorial staff. The either missing or don’t work. correspondence clarified the Brumby government’s The Labor Minister for Planning at the time, Mary booking is ‘conditional on this factor’. Delahunty, promised new safety regulations for budget Many of the newspapers approached are small local accommodation. In the same article Ms Delahunty was operations in western Victoria that are struggling to quoted as having said: come to terms with the conflicts associated with We want to make sure that low-budget accommodation is a balancing their books and keeping their readers safe alternative for the hundreds of Victorians and overseas impartially informed in a harsh economic climate. tourists who rely on cheaper accommodation … Dangling a carrot in the form of advertising dollars It is cheaper but it should be just as safe. under the nose of an industry that has been struggling with falling advertising revenue demonstrates the Obviously insufficient action was taken by the state lengths this Labor government will go to in flexing its Labor government. Mr Giorgi and Ms Sinclair died a muscle to avoid negative editorial comment. few years later in an illegal rooming house which lacked basic fire safety measures. In recent months we have seen Labor attempt to leverage the provision of capital projects at schools Unfortunately there are hundreds of vulnerable against positive comments from school principals. Victorians who are currently living in similar Further, schools that have received government funding circumstances, and more must be done to stamp out are being forced to display government advertising rogue rooming house operators and improve the safety material on school property up until the next election. of Victoria’s rooming houses. The Minister for The muzzling of school principals and school Housing, Richard Wynne, must immediately release the representative boards that are unhappy with the rooming house task force’s full report and mismatch of capital projects with their schools’ actual recommendations and ensure that the Brumby needs has left a sour taste in the mouths of many government takes urgent action in response to these educators and school councillors who would otherwise recommendations and the coroner’s recommendations. speak out. Government: advertising The manipulation of free speech is something this government has been brazen enough to attempt, but Mr KOCH (Western Victoria) — My matter is for threatening to withdraw advertising dollars through an the Attorney-General and relates to the undue influence industry body should its demands not be met is being exerted by the state government in its dealings stooping to a new low. My request of the with the media, particularly government advertising in Attorney-General is that he review the approach taken smaller regional communities where daily newspapers by government to paid advertising, which demands do not exist. Maintaining the integrity of information country newspapers forgo editorial rights in order that presented to the public is a cornerstone of the government propaganda is compulsorily published relationship between politics, newspapers and their without independent editorial scrutiny.
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Public transport: myki ticketing system township of Mallacoota is surrounded by national park and state forest, and some members of that community Ms HARTLAND (Western Metropolitan) — My are taking the warnings seriously and trying to do the adjournment matter is for the Minister for Public right thing and clean up their own environment, albeit Transport, Lynne Kosky, and concerns the new myki they are critical of the government’s efforts to transport ticketing system equipment. Many of the train undertake fuel reduction burning in the forest. station vending machines and station-bus-tram readers are in place and ready to be switched on. Unfortunately, But in order to clean up they are being charged between in a very short space of time a substantial amount of $7 and $10 per trailer load of green waste that they are vandalism has been inflicted on this new equipment. I taking to the local tip. That is a significant burden; one have had reports of people seeing smashed-up screens person who is a particular example has spent more than of ticket vending machines and graffiti all over the fare $50 already and has much green matter to remove. In payment devices at train stations. addition, he has done some burning off around the home. Mallacoota has a tip which is open for a free Articles in August and September in the Herald Sun green waste weekend on the weekend of 31 October reported that: and 1 November. That is a bit late and more importantly it is not providing sufficient time for Up to 60 per cent of the new myki transport ticket machines have been subjected to vandalism or graffiti … residents to properly clean up their local estates. The spokesman for the Transport Ticketing Authority I am concerned that the government has not done said 74 cases of ‘severe, malicious damage’ had enough work with local government to facilitate a occurred. An inspection of the Pakenham, Werribee proper response to the urgings by the government to and Upfield train lines showed that 6 in every 10 card have the community prepare for this bushfire season. I readers had been vandalised. It is clear that vandalism would therefore ask that the Minister for the occurs more frequently at unstaffed train stations. Environment and Climate Change, who has Surely it would be more cost efficient and safer for the responsibility for waste management, work with local travelling public to staff all train stations. government to ensure that communities throughout Victoria can better access disposal opportunities for I call on the Minister for Public Transport to provide a their waste. document which details the frequency and nature of vandalism on myki ticketing equipment to date, and Schools: Seymour specifically what proportion of equipment has been damaged at unstaffed stations across the train network Mrs PETROVICH (Northern Victoria) — My in Melbourne. matter today is for the Minister for Education and concerns the surprise announcement last month of Bushfires: preparedness funding for the amalgamation of four schools in Seymour. There is a large degree of alarm in the Mr P. DAVIS (Eastern Victoria) — I wish to raise a Seymour community that this $4.15 million of state matter for the attention of the Minister for the government funding, which miraculously appeared out Environment and Climate Change, and it relates to fire of the blue, will mean that the plan to amalgamate four prevention. My concern is that there is a real disconnect schools — Seymour Technical High School, Seymour between the actions on the part of the government in Primary School, Seymour East Primary School and advising communities to prepare for the coming Seymour Special School — is being steamrolled ahead bushfire season with particular prioritisation of without giving the respective communities a chance to 52 towns in Victoria as being at extreme risk and some consider the pros and cons. of the measures that would enable members of the community to better prepare. Not everyone is in favour of this super-school and not everyone has had the opportunity to have a say. We have a disconnect between state government and Certainly there is a huge question mark about the local government, particularly in respect of the long-term success of these types of super-schools, and I management of the local rubbish tips and the inevitable wonder why there is such a rush. As we have seen in accommodation of the significant loads of vegetative Bendigo, there is little doubt that the government, not matter that is being cleaned up from around homes in the local school councils, is controlling the agenda. The country towns. I cite, for example, the Shire of East Seymour plan will result in a considerable reduction in Gippsland, which has two of these designated high-risk staff numbers, and budget allocations in the future will communities, being Cann River and Mallacoota. The
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4892 COUNCIL Tuesday, 13 October 2009 be on the basis of one school, not four. This will Skills training: tertiary courses include moneys for maintenance and capital works. Mrs COOTE (Southern Metropolitan) — My This government’s track record on funding for adjournment matter this evening is for Jacinta Allan, Seymour schools is woeful. It took more than 10 years Minister for Skills and Workforce Participation. The for a performing arts centre to be established at Victorian government publication Securing Jobs for Seymour Technical High School — and that is all it Your Future — Skills for Victoria has a number of got. Despite a desperate need for a drastic update, this interesting aspects to it. The Premier says in the school has received nothing from this government. preamble: There is a big question mark over the area set aside for the new school. Already there are concerns it will not Victoria’s unprecedented prosperity over the past decade has been created by our most important resource — the many be big enough, and there is definitely no room for skilled people who drive the performance of our industry growth. sectors and hundreds of thousands of businesses across the state. There are many major concerns about how the students from the feeder primary schools — including He finishes by saying: Puckapunyal, Tallarook, Pyalong and Avenel — will It will position us as the national leader in skills development assimilate when other students will have been there and most importantly secure the jobs that will deliver a strong since day one. The special school is a wonderful asset future for all Victorians. to this community and provides fabulous education to a broad catchment of special needs students. It is He is speaking about skills and workforce participation important to recognise it has its own set of special in Securing Jobs for Your Future. Further, under the needs. ‘skills deepening’ segment it states:
As it stands, there seem to be a number of flaws in the Skills deepening courses are at diploma and advanced diploma level. These are for people who are progressing to a current plan, not least of which is the shortfall in higher level within an industry area in which they already funding provided. Even the combination of funding have employment or who wish to enter employment at the from the state and federal government falls about more skilled, specialised or paraprofessional level. $20 million short of the requirement. I was therefore very concerned to receive a fax which It is all well and good to say this will be for stage 1 and seems to carry a Victorian government letterhead. It is the funds will follow for the next stages, but we know badged ‘A Victorian government initiative’ and is by only too well from the Wallan experience that it is a Job Ready Australia. It says, ‘Diploma of business, a struggle to get funding on time for the next stages. Victorian government initiative, $750 only’. It goes on Wallan is currently under enormous pressure. The to say: community was promised a year 7–12 school. Stage 3 There is a shortage of skilled workers across a range of is finally under way, albeit about 18 months behind industries in Victoria, including business, and the Victorian schedule and with five portable classrooms. government is offering existing workers the opportunity to gain a diploma, without the expense. The first intake of students will be going into year 11 next year and the facilities for these students will be These were going to be for only eight days and cost stretched to the limit because of the delay in funding. $750 for a diploma. It says: The school really has its hands tied behind its back, There is no limit to the number of diplomas your organisation because, despite lots of interest, until it has guaranteed can apply for. funding for stage 4 it really cannot accept any more enrolments. The classes will be held over two days per month at a convenient inner city location or on site and completed The action I seek is that the minister as a matter of within four months. The action I seek is for the minister urgency provide details of the total project plans for this as a matter of urgency to explain to Melbourne amalgamation, including the time line for when the University, Monash University, RMIT and other current school will be closed and when additional educational institutions in Victoria the difference funding will be allocated to take this project through to between their business diplomas, which take between completion. two and three years to complete, and this eight-day diploma course.
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Roads: emergency repairs the Babies rally was held through the city, culminating on the steps of Parliament House. I am the chairman of Mr VOGELS (Western Victoria) — I raise an issue the organising committee of the march. At the for the Minister for Roads and Ports. It concerns beginning of last week, preparations were coming along section 37 of the Road Management Act. Under very nicely. Permits had been issued, marshals were ‘Post-notification of works’ it reads: ready to go and so many other aspects were under control until last Monday, when we received a call from (1) On completion of works (including emergency works) a notice should be forwarded to the coordinating road Victoria Police, requesting a meeting as soon as was authority in accordance with clause 13 of schedule 7 of humanly possible. the act, unless the works are exempt from such a requirement, in accordance with the Road Management I, along with a couple of other members of the (Works and Infrastructure) Regulations under the Act. committee, went to a meeting with Victoria Police at headquarters in Flinders Street. The police told me of This is the issue I am describing here: a water main their plight and asked for our consideration. They bursts in the middle of a council-controlled road. A informed me that they would not have enough police water authority attends and repairs that main and officers to control our march on last Saturday morning. restores water supply. Normal practice is to backfill the They said they could find only 10 police to manage area and apply a temporary seal until reinstatement can intersections. They were aware that we posed no threat be arranged. This can be days, weeks or sometimes of violence, damage or anything else, but they could not months later. In other words, an emergency situation find enough police to control the intersections along the has been temporarily dealt with, and a notification is route that we had previously been given permission to given to the coordinating road authority that the march along, and asked that we truncate the march, emergency had occurred and been dealt with. which we readily did.
Now we are in the grey area. Local government is of It made me think: if the Victorian police force has the view that once the emergency works have been enough trouble getting police to perform normal duties carried out, the normal pre-consent conditions apply for on a Saturday morning, what hope does it have of final reinstatements, whereas the water authority claims getting police to where it really matters on a Saturday when they undertake the final reinstatement it is still evening, to some of the trouble spots in the city and classed as an emergency work; therefore no prior some of the inner city areas? consent is required nor a permit fee payable. Councils claim they incur significant costs associated with Mrs Coote — Prahran. inspections and monitoring the reinstatement to ensure it meets council standards; they therefore believe a Mr FINN — Such as Prahran, as Mrs Coote says. I permit is required. ask the minister to take into consideration my experience of the last week and to convene a meeting The action I seek from the minister is to clarify this with the Chief Commissioner of Police. I would be very section of the act. Everybody agrees that emergency happy to attend that meeting to relate firsthand my works need to be carried out as soon as possible, as in experiences. I ask the minister also to inform the chief the example I have given. However, is a council correct commissioner of the parlous state of the police force in in pursuing a water authority to obtain a permit for the this state, particularly in the central business district. I programmed works carried out after the initial ask both the minister and the chief commissioner to emergency reinstatement works have been completed? devise a plan to do something about the problems that Can the water authority in this case claim that the our police are facing on a daily and, perhaps more programmed works conducted weeks or even months importantly, nightly basis. later still constitute emergency repairs, thereby absolving itself from normal permit requirements? General practitioners: eastern suburbs
Police: numbers Mr ATKINSON (Eastern Metropolitan) — My adjournment matter is for the Minister for Health. I Mr FINN (Western Metropolitan) — I raise a indicate to members of the house that I was somewhat matter for the attention of the Minister for Police and alarmed recently to receive a communiqué from the Emergency Services. As I am sure the house is aware, Melbourne East General Practice Network that detailed last Saturday was the first anniversary of the passing of a survey it had undertaken of general practitioner the Abortion Law Reform Act in this state. To services in the eastern suburbs. commemorate that particular date, the first March for
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That survey revealed a marked shortage of GPs, leading when the total for service charges was $52. That can be to significant unmet demand across the region. Indeed compared with the bill they received in the survey suggests that a further 72 full-time GPs — September 2009, when the total of the service charges an increase of around 14 per cent on the current number had increased to $75.85, which is significant. of doctors in practice — are required to satisfy the Notwithstanding that increase in the total of the service current patient needs in Melbourne’s eastern suburbs. charges, their actual water consumption per day has The current GP-to-population ratio is 1:1448 people. decreased by approximately 50 litres, which, as I said, With the increase proposed, the ratio would be reduced is as a result of their efforts to reduce their water to 1:1200, closer to the recommended ratio of GPs consumption. servicing a population. The signals that the government is sending in this As can be appreciated, the eastern suburbs is an area regard seem to be at odds with the message of where there is a significant ageing population. There conserving water. It would appear that even as efforts are considerable demands on the health network and are being made to conserve water, the cost of water obviously one can be penny-wise and pound-foolish increases. I note that in its June 2009 report entitled when it comes to GPs, because if there are not GPs Inquiry into Melbourne’s Future Water Supply the practising and providing services to people, those Environment and Natural Resources Committee set out people inevitably turn up at the doors of the hospitals, on page 112 recommendation 3.27, which is that: in accident and emergency departments, and overcrowd the hospital system and cause further costs for The pricing structure for water moves towards a higher proportion of the bill allocated to consumption and a lower government. reliance on fixed charges. The Melbourne East General Practice Network has That accurately sums up the situation which has been made a number of recommendations as to how some of raised by Mr and Mrs McDonald, that consumers are the shortage might be tackled. They include some being penalised notwithstanding the efforts they are federal subsidies for practice nurses to support and making to reduce their per capita water consumption in enhance the work of existing GPs, federal subsidies to the spirit of preserving this most important resource. improve practice infrastructure to accommodate more The action I seek from the minister is that he review the GPs and practice nurses, encouraging GPs to engage in way the water authorities charge for water usage and teaching and research to support new doctors, and connection to the system so that a higher proportion of improved remuneration to attract doctors in training to bills is for water usage and therefore efforts to conserve general practice. our water are more appropriately reflected in water bills. Some of those are federal matters. What I seek from the Minister for Health is that he look at opportunities to Parks Victoria: Chewton resident increase the intake of doctors to university places and expand teaching and research to support new doctors as Mr DRUM (Northern Victoria) — My issue is for recommended by the Melbourne East General Practice the attention of the Minister for Environment and Network as one of the steps to be taken towards Climate Change, Mr Jennings. It has to do with a improving the ratio of GPs to population in the eastern pensioner in the Chewton area, near Castlemaine, who suburbs. inquired of Parks Victoria how he could have it trim and cut down trees on Parks Victoria land that were Water: charges overhanging his property and dropping branches and pine cones. One particular gum tree was leaning Mr O’DONOHUE (Eastern Victoria) — I raise a dangerously over his property. He asked that Parks matter for the attention of the Minister for Water. It Victoria make those trees safe for his property. flows from communication I received from Mr and Mrs McDonald of Beaconsfield, who are concerned He was told that the best thing he could do was prepare and disappointed that, notwithstanding the efforts they a plan so that he could cut down the trees himself. As a have made in the spirit of preserving water and 70-year-old pensioner he did not believe it was his reducing their water consumption, their water bills have responsibility to do that. He thought the government gone up in price. That is as a result of increases in the had a duty of care to keep parklands, state forests and fixed charges for water customers. national parks appropriately maintained on behalf of the state. He believed that the risk from the overhanging For the benefit of the minister, I quote from the invoice trees was the government’s responsibility and that it they received from South East Water in June 2008, also had the responsibility of being a good neighbour.
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He said that the fire risk associated with bringing the groups like the Ashburton Traders Association and forest all the way through to residents is something that local neighbourhood watch groups. I am particularly needs to be addressed by Parks Victoria, but not by interested in speaking to him about the possibility of giving pensioners the right to do the government’s upgrading the physical facilities at Ashburton police work for it. station and ensuring that if and when police are restored to the area there will be a facility of a modern standard, Since the 7 February bushfires the government has one that will be of sufficient quality to support the finest asked everybody to be diligent in relation to fires and policing efforts that the community deserves. the way they prepare their land, so he did not think it was fair for a government department to ask a Responses 70-year-old pensioner to prepare the land that belongs to the government. Mrs Coote — On a point of order, President, the papers office today published the Legislative Council I call on the minister to clarify the legal responsibility adjournment matters awaiting response. It lists all the of Parks Victoria to maintain its own property in a adjournment matters that are outstanding in this place. manner that is appropriate as a neighbour of thousands Pursuant to standing order 5, I ask the minister for an of Victorian residents right across the state. My explanation. I personally have 16 adjournment matters understanding is that the responsibility is clearly the that have not been answered, 5 of which go back 12 to government’s. It is clearly the responsibility of Parks 18 months ago. I ask the minister to find out what has Victoria, and for it to shed that responsibility on to happened to those 16 adjournment matters and let me individuals — whether they are pensioners or anyone know as soon as possible when I can expect answers. else — is simply illegal. The government cannot break the law. Hon. J. M. MADDEN (Minister for Planning) — Specifically in relation to Mrs Coote’s inquiry, I have a Police: Ashburton list of 39 responses in relation to adjournment matters raised from March this year to as recently as this Mr D. DAVIS (Southern Metropolitan) — My September. Two of these specifically relate to adjournment matter tonight is for the attention of the Mrs Coote, so this might cover some of the matters she Minister for Police and Emergency Services. It inquired about. I am happy to make inquiries of my concerns a matter that has been discussed in this cabinet colleagues in relation to the others. As you chamber before — that is, the number of police officers would appreciate, President, it is not always easy to get and the adequacy of policing in and around the responses from our parliamentary colleagues in the Ashburton area. The minister has recently gone into other chamber. However, I will endeavour to find out print in response to a local community campaign for where those responses are. As I mentioned, I have a list more police services and resources, including adequate of 39 responses to adjournment matters raised earlier. resources at the police station itself. Wendy Lovell raised a matter of the findings and report A number of particularly tragic incidents have occurred of a task force into rooming houses. I will refer this to in and around Ashburton, and the community is the Minister for Housing. determined to see an improvement in the quality of policing through lifting the standard of the police David Koch raised a matter of government advertising station — indeed at a public meeting I hosted recently for the Attorney-General. I will refer this to the there were motions carried to that effect — and through Attorney-General. the restoration of the number of police, which has been cut from 11 to 1. A number of aspects of the overall Colleen Hartland raised a matter regarding myki policing effort in and around the Ashburton area have equipment. I will refer this to the Minister for Public been affected as police have been cut out of Boroondara Transport. and moved across into Camberwell and Kew, causing great irritation for the local community. Philip Davis raised the matter of waste management in relation to fire prevention. I will refer this to the What I am seeking today is for the Minister for Police Minister for Environment and Climate Change. and Emergency Services to visit Ashburton to meet with community groups, including those that are Donna Petrovich raised a matter of schools in Seymour. particularly worried about the future of policing in and I will refer this to the Minister for Education. around the Ashburton and Ashwood areas. I offer to Andrea Coote raised the matter of certificate and host such a meeting and introduce the minister to business diploma courses and some confusion around
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4896 COUNCIL Tuesday, 13 October 2009 what sort of courses they might be. I will refer this to the Minister for Skills and Workforce Participation.
John Vogels raised a matter of protocols or guidelines for emergency works by agencies in relation to local government. I will refer this to the Minister for Roads and Ports.
Bernie Finn raised the matter of police numbers. I will refer this to the Minister for Police and Emergency Services.
Bruce Atkinson raised the matter of GPs in the eastern suburbs. I will refer this to the Minister for Health.
Edward O’Donohue raised the matter of water billing, particularly in relation to specific residents in Beaconsfield. I will refer this matter to the Minister for Water.
Damian Drum raised the matter of — —
Mr Drum — Parks.
Hon. J. M. MADDEN — national parks and the obligation of the Department of Sustainability and Environment or national parks in relation to — —
Mr Drum — Or Parks Victoria.
Hon. J. M. MADDEN — Parks Victoria in relation to overhanging trees on state forests and national parks. I will refer this to the Minister for Environment and Climate Change.
David Davis raised the matter of policing issues in Ashburton. Once again I will refer this to the Minister for Police and Emergency Services.
The PRESIDENT — Order! The house now stands adjourned.
House adjourned 10.38 p.m.